Terms of Service

1. Agreement to Terms

These Terms of Service ("Agreement") constitute a legal agreement between you and Modu ("Company," "we," "us," or "our") governing your use of the Modu platform and related services (the "Service").

By accessing, browsing, or using Modu, you acknowledge that you have read, understood, and agree to be bound by all the terms and conditions contained in this Agreement. If you do not agree with any part of these terms, you may not use the Service.

2. Service Description

Modu is a Software-as-a-Service (SaaS) platform that enables users to create, distribute, and analyze interactive polls, gather feedback through public suggestions, and manage team collaboration. The Service includes:

• Poll creation and management (single-choice, multiple-choice, rating, open suggestions)
• Vote tracking and analytics
• Suggestion collection and clustering
• Board and team management
• Integration with third-party services

3. Eligibility

You must be at least 13 years of age (or the age of digital consent in your jurisdiction) to use the Service. Users under 18 may use the Service only with parental or legal guardian consent.

By using Modu, you represent that:

• You have the legal authority to enter into this Agreement
• You are not prohibited by law from using the Service
• All information you provide is accurate and truthful

4. User Accounts and Authentication

4.1 Account Creation

Administrative users must create an account with a valid email address and secure password. You are responsible for maintaining the confidentiality of your credentials and for all activities that occur under your account.

4.2 Public User Access

Participants may access polls and vote anonymously (using device fingerprinting) or by providing their email address. Email verification is optional unless required by the board administrator.

4.3 Account Responsibility

You are responsible for:

• All activities and content created under your account
• Maintaining accurate account information
• Notifying us immediately of unauthorized access
• Preventing unauthorized persons from using your account

4.4 Account Suspension and Termination

We reserve the right to suspend or terminate your account if:

• You violate this Agreement
• We detect fraudulent or abusive activity
• You engage in illegal conduct
• Payment fails (for future paid plans)

5. Acceptable Use Policy

You agree not to use the Service to:

• Create, submit, or transmit illegal content, including child sexual abuse material
• Harass, threaten, or defame any individual or organization
• Transmit viruses, malware, or other harmful code
• Perform unauthorized access to our systems or networks
• Bypass security measures or rate limits through technical means
• Submit excessive, spam, or duplicate votes/suggestions
• Engage in automated polling or voting using bots or scripts
• Collect or harvest personal data from other users
• Reverse-engineer, decompile, or attempt to derive source code
• Create multiple accounts to circumvent voting limits or bans
• Conduct phishing, social engineering, or impersonation
• Violate intellectual property rights of others

6. Rate Limiting and Abuse Prevention

The Service enforces the following rate limits to ensure fair usage:

Exceeding these limits may result in temporary rate limiting. Repeated violations may result in:

• Device fingerprint ban
• Email address ban
• IP address ban
• Account suspension

7. Intellectual Property Rights

7.1 Our Content

The Service, including software, design, graphics, logos, and text (excluding user-generated content), is owned by Modu or our licensors and is protected by copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, transmit, or display any content without our written permission.

7.2 Your Content

You retain all rights to content you create, submit, or upload (polls, suggestions, comments). By submitting content, you grant Modu a worldwide, non-exclusive, royalty-free license to:

• Store, process, and display your content on the Service
• Analyze your suggestions using AI clustering algorithms
• Share your content with other authorized users on your board
• Use anonymized aggregates of your data for analytics and improvement

7.3 Licenses

We license you a limited, non-exclusive, non-transferable, revocable right to access and use the Service for its intended purpose. You may not sublicense, sell, rent, or lease the Service or create derivative works.

8. Data Ownership and Responsibility

8.1 Admin Responsibility

Board administrators are responsible for:

• Obtaining necessary consents from participants before collecting data
• Complying with applicable privacy laws (GDPR, CCPA, etc.)
• Providing privacy notices to board participants
• Ensuring the legality of polls and data collection
• Protecting sensitive or confidential information

8.2 Content Liability

Admins are fully liable for all content created on their boards. We do not pre-screen, moderate, or endorse any user content. You may report inappropriate content to us for review.

8.3 Data Permanence

Please note that once submitted, suggestions and votes are stored permanently. Deleting a suggestion removes it from view but may not permanently erase historical records. Plan accordingly before collecting sensitive information.

9. Third-Party Services and Integrations

The Service may integrate with third-party services (OpenAI, Slack, Google Sheets, Jira, email providers, etc.). We are not responsible for:

• Data breaches or security issues with third-party services
• Changes to third-party service terms or availability
• How third parties handle or retain your data
• Interruptions in third-party service availability

You are responsible for reviewing third-party privacy policies and terms. By enabling integrations, you consent to data sharing with those services.

10. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND.

We disclaim all warranties, express and implied, including:

• Merchantability or fitness for a particular purpose
• Non-infringement of third-party rights
• Uninterrupted, error-free, or secure service
• Accuracy or completeness of content or analytics
• Reliability of suggestions, clustering, or AI features

We do not warrant that the Service will meet your expectations or that defects will be corrected. Use the Service at your own risk.

11. Limitation of Liability

To the maximum extent permitted by law, Modu and its officers, employees, and agents shall not be liable for:

• Indirect, incidental, special, consequential, or punitive damages
• Loss of data, revenue, profits, or business opportunities
• Unauthorized access to or alteration of your data
• Service interruptions or technical failures
• Actions or content of third parties

Maximum Liability: Our total liability to you shall not exceed the amount you paid for the Service in the 12 months preceding the claim, or $100 USD if you have not made payments.

12. Indemnification

You agree to indemnify, defend, and hold harmless Modu and its officers, employees, agents, and successors from any and all claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising from or related to:

• Your use of the Service
• Your violation of this Agreement or applicable laws
• Your content or suggestions submitted to the Service
• Your infringement of third-party rights
• Disputes with other users of the Service

13. Privacy and Data Protection

Your use of the Service is also governed by our Privacy Policy, which is incorporated into this Agreement by reference. Please review the Privacy Policy for information about how we collect, use, and protect your data.

14. Device Fingerprinting and Anonymity

To prevent duplicate votes and detect abuse, we use device fingerprinting technology that creates a SHA-256 hash from your user agent, screen resolution, language, and timezone. You understand that:

• Device fingerprints are not cryptographically unique and may be spoofed
• Device fingerprints can be used to track your activity across the Service
• You cannot opt-out of device fingerprinting for anonymous voting
• Verifying your email provides an alternative to device-based tracking

15. Artificial Intelligence and Clustering

The Service uses artificial intelligence (OpenAI) to cluster similar suggestions and generate labels. You understand and accept that:

• Your suggestion text is sent to external AI services for processing
• Clustering algorithms are not perfect and may make errors
• AI-generated labels may be inaccurate or inappropriate
• We are not liable for AI processing errors or third-party AI policies
• Do not submit sensitive, confidential, or proprietary information

16. Moderation and Content Removal

We reserve the right to, but are not obligated to:

• Remove content that violates this Agreement or applicable laws
• Suspend or ban users engaging in abuse or illegal activity
• Review and investigate user complaints and reports
• Cooperate with law enforcement requests

We do not pre-screen or moderate all content and are not liable for user-generated content. Admins are responsible for moderating their own boards.

17. Termination and Suspension

17.1 Termination by You

You may stop using the Service at any time. To request account termination, contact our support team.

17.2 Termination by Us

We may suspend or terminate your account or access to the Service immediately if:

• You violate this Agreement
• We suspect fraud or abuse
• You engage in illegal activity
• We discontinue the Service

17.3 Effect of Termination

Upon termination, your right to use the Service ends immediately. We may delete your data after a reasonable period, unless required to retain it by law. You remain liable for any violations.

18. Changes to Terms

We may update this Agreement at any time without notice. Your continued use of the Service constitutes acceptance of the updated terms. We encourage you to review this Agreement regularly.

19. Governing Law and Jurisdiction

This Agreement is governed by the laws of [JURISDICTION - typically your company location], without regard to conflict of law principles. You agree to submit to the exclusive jurisdiction of courts in that location.

Note: Local laws may provide you additional rights. If you are in the EU, UK, or similar jurisdiction, local laws may override these terms.

20. Dispute Resolution and Arbitration

Before initiating legal proceedings, you agree to attempt to resolve disputes through informal negotiation. If negotiation fails, disputes may be resolved through:

• Binding arbitration (in most jurisdictions)
• Small claims court proceedings
• Litigation (in jurisdictions where arbitration is not permitted)

Each party bears its own attorneys' fees and costs unless a court or arbitration award specifies otherwise.

21. Severability

If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

22. Entire Agreement

This Agreement, including our Privacy Policy, constitutes the entire agreement between you and Modu regarding your use of the Service and supersedes all prior negotiations, understandings, and agreements.

23. Contact Us

If you have questions about these Terms of Service, please contact us at:

We will respond to inquiries within 30 days.