Terms of Service

Last updated: Mar 23, 2026

These Terms of Service (these “Terms”) constitute an agreement between you, the user, and Nullframe, Inc. (also known as “Moda”) and its subsidiaries and affiliates (collectively, “Moda”, “we” or “us”). These Terms govern your access to and use of the website located at https://moda.app and related websites and desktop, mobile and other applications (collectively, the “Website”), including any content, functionality and services offered on or through the Website, and any of our other products or services (collectively, the “Services”), whether or not you register as a user.

Please read these Terms carefully because they contain provisions that affect your rights and obligations, including a mandatory arbitration provision and a waiver of your right to participate in a class action.

Description of Services

Moda provides AI-powered services that enable you to create and edit designs, graphics, presentations, and other visual content.

Acceptance of Terms

By using the Services, you accept and agree to be bound and abide by these Terms, our Privacy Policy found at https://moda.app/privacy, and any other term or policy on the Website or incorporated herein by reference. If you do not agree to these Terms, the Privacy Policy, or any other Moda term or policy, you must not use the Services.

By using our Services, you acknowledge and confirm that (i) you have read and understand all of the terms, conditions, policies, provisions, disclosures and disclaimers contained herein, (ii) you are legally able to form a binding contract with Moda, (iii) these Terms have the same force and effect as a signed agreement, and (iv) you expressly accept and agree to be bound by the terms hereof.

Age Requirement

The Services are offered and available only to users who are 18 years of age or older. By using the Services, you represent and warrant that you are 18 years of age or older and are otherwise capable of forming a legally binding contract with Moda. If you do not meet these requirements, you must not use the Services.

User Accounts

To access certain features of the Services, you may need to create an account (a “User Account”) through the Website. To create your User Account, you will be asked to provide information about yourself, such as your name, password, email address, and other details. All the information that you provide us must be correct, current, and complete. You agree that all information you provide to us is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

You must update the information associated with your User Account if such information has changed. In particular, you may receive important correspondences and notifications by email and other means. Moda is not responsible for any delay or breach resulting from your failure to update the information associated with your User Account.

You agree to keep your password confidential and to protect your account. You agree to notify us immediately of any unauthorized access to your account or any other breach of security.

You are solely responsible for any fees, including Internet connection or mobile fees, that you may incur when accessing the Services through your computer, tablet, mobile phone, or other device.

You acknowledge and agree that you have no ownership or other property interest in your User Account. All rights in and to your User Account are owned by and inure to the benefit of Moda.

Enterprise Customers

You may enter into these Terms, use our Services, and/or create a User Account on behalf of or in affiliation with a company, business, partnership, or other legal entity (each, an “Enterprise Customer”). In such case, you represent that you have the authority to bind the Enterprise Customer to these Terms. These Terms shall apply to the Enterprise Customer, and references herein to “you” or “your” shall refer to the Enterprise Customer.

Workspaces and Organizational Accounts

If you access or use the Services as part of an Enterprise Customer or organizational account, content and data associated with your account may be controlled by that organization. The organization’s administrator may access, manage, modify, or remove content and may control your access to the Services.

If your access to an organizational account is terminated, you may lose access to associated content and data.

Payment

Fees

Certain Services may require payment of a one-time or recurring Fee (each, the “Fee”), among other terms. All Fee amounts are displayed on the Website and subject to additional usage Fees as provided therein. To access the portions of our Services that require payment of a Fee, you may be required to select an appropriate payment plan and provide information regarding your credit card or other payment instrument.

You represent and warrant to Moda that all such information you provide to us regarding payment and your User Account are true and accurate, and that you have the appropriate authorization to use and charge payments from Moda or our Payment Processor (as defined below) on such accounts.

By providing Moda or our Payment Processor with your payment information, you agree that Moda or our Payment Processor is authorized to immediately invoice and bill your User Account for all Fees due and payable to us and that no additional notice or consent from you is required.

You agree to pay Moda the amount specified on the Website for the Services plan that you select, and you agree that, where applicable, you authorize Moda to make recurring billings to your payment instrument until you terminate your account or your subscription of such plan.

You agree to update your account and payment information with us or our Payment Processor of any changes to your billing information as such changes become applicable. You agree to have sufficient funds or credit available upon placement of any order with us to ensure that the Fee is collectable by Moda.

AI Credits

At times, your User Account may be credited with “AI Credits,” which are non-monetary credits that may be used at times to allow you to use certain functionalities of our Services. Use of AI Credits are subject to the terms described on the Website.

Disputes

If you dispute any charges on your account, you must let us know within thirty (30) days after the date that such charge is made, or within such longer period of time as may be required by applicable law.

Changes to Fees

Moda may at any time change its prices, billing methods, and plans in its sole discretion. Your continued use of the Service after a price change constitutes your agreement to pay the changed amount.

Taxes

As between you and Moda, you are solely responsible for all taxes imposed on payment of Fees. You shall make all payment of Fees to us free and clear of, and without reduction for, any withholding taxes.

Intellectual Property Rights

Moda Property

The Website and Services (and all past, present and future content and features of the Services and Website, including all software; hardware and technology used to provide the Services, including our proprietary code and third-party software; user interfaces; materials displayed or performed on the Services, such as text, graphics, articles, photographs, images, music, illustrations and the design, structure, sequence and “look and feel” of the Services; and all other intellectual property, including all trademarks, service marks, logos, or any other trade name, trademarks, service marks and other distinctive or proprietary brand features of Moda) (collectively, the “Moda Property”), are (i) owned by Moda, its licensors or other providers of such material, (ii) protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

User Trademarks

As part of the Services, you may provide us access to or information about your trademarks or service marks (together, your “User Trademarks”) or your name, image, likeness, trademarks, and service marks (collectively, “User Likeness”). As between you and Moda, you shall retain ownership and interest in your User Trademarks. You grant to Moda a non-exclusive, revocable, worldwide, royalty-free license to use your User Trademarks and User Likeness solely for the purpose of operating, promoting, and/or marketing the Services.

User Content

To use certain features of the Services, you may upload or otherwise provide to Moda content (your “User Content”), including but not limited to video, images, graphics, data, text, software, code, messages, websites, information, logos, communication, posts, and other material.

You represent and warrant that you own all rights, title, and interest in and to your User Content or that you have otherwise secured all necessary rights in your User Content as necessary to permit the access, use, and distribution of such content as contemplated herein. As between you and Moda, you own all right, title, and interest in and to your User Content. You are responsible for all User Content and for ensuring the compliance of your User Content with these Terms.

You grant to Moda a non-exclusive, worldwide, royalty-free license to host, store, reproduce, display, modify, and otherwise use your User Content solely to operate, provide, maintain, support, and improve the Services and to enforce these Terms.

You acknowledge and agree that we may preserve User Content and disclose User Content to third parties if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to comply with legal process, applicable laws, or government requests; to respond to claims from third parties that any content on the Services or Website violates the rights of a third party; to enforce these Terms; or to protect the rights, property, and safety of our users or the public.

Content Generated through the Services

Subject to these Terms, you may use the Services to generate new content, such as presentations, slides, and social media content (collectively, the “Generated Content”) that integrates your User Content with templates and other designs provided by Moda (the “Moda Templates”). As between you and Moda, you own all rights, title, and interest in and to Generated Content. You grant to Moda a non-exclusive, worldwide, royalty-free license to use Generated Content solely to operate, provide, maintain, and improve the Services.

Usage Data

Moda may use usage data and, where permitted, User Content in aggregated or de-identified form to operate, maintain, and improve the Services, including to develop and improve machine learning models.

Feedback

Any questions, comments, suggestions, ideas, feedback, reviews, or other information that you may provide to us about the Services (collectively, “Feedback”) are non-confidential and property of Moda. We are entitled to unrestricted use of Feedback for any purpose, commercial or otherwise, without acknowledgement, attribution, or compensation to you.

Acceptable Use Requirements

You may use the Services only for lawful purposes and in accordance with these Terms. Specifically, and without limiting the generality of the foregoing, you may only use the Services in accordance with the following requirements:

• You may not use the Services for any illegal or unauthorized purpose. • You may not use the Services or create or upload any content through the Services in any way that infringes upon or violates the intellectual property, confidentiality, proprietary, or contractual rights of any other party. • You will not use, store, copy, upload, display, post, reproduce, modify, translate, republish, distribute, broadcast, transmit, create derivative works from, display, license, sell or otherwise exploit any part of the Services or content on the Services in any form whatsoever other than as expressly permitted under these Terms.

API and Integration Terms

Moda may make available application programming interfaces, software development kits, webhooks, or other integration tools (collectively, the "API") that allow you to access or interact with the Services programmatically. Your use of the API is subject to these Terms and any additional API documentation, rate limits, and usage policies published by Moda at https://docs.moda.app/api (the "API Documentation").

Third Party Materials

The Services may link to independent third-party websites or social media widgets. Such hyperlinks are provided for your reference and convenience only. Moda is not liable for the availability or accuracy of such third-party sources, and you assume all risk in using them.

Open Source & Third-Party Software

Our Services may include open source software and other third-party components. Copyright notices and license terms for such components are available at https://moda.app/licenses (the “Licenses” page) and are incorporated by reference into these Terms.

Disclaimer

THE SERVICES AND ANY ASSOCIATED CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

Limitation of Liability

YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND DISCRETION. To the maximum extent permitted by law, Moda’s total liability arising out of or relating to these Terms or the Services will not exceed the greater of (a) the amount you paid to Moda in the 12 months preceding the claim or (b) $100.

Indemnification

You agree to defend, indemnify, and hold harmless Moda, its affiliates, licensors and service providers, and our respective employees, contractors, officers, directors and agents from and against all liabilities, claims, damages, judgment, awards, losses, costs, expenses, fines or fees (including attorney's fees and investigation costs), that arise from or relate to your use or misuse of the Services, including your use of any Generated Content as part of the Services, or violation of these Terms, a third party’s rights, or applicable law.

Modifications and Suspensions to Services

Moda may add, change, remove, limit, discontinue, or suspend features or functionalities of the Services at any time in its sole discretion. We may also modify the Fees at any time.

Governing Law

You agree that the laws of the State of New York and U.S. federal law govern these Terms, your use of the Services, and any claim or dispute that you may have against Moda.

Binding Arbitration and Jurisdiction

In the event you have a dispute with Moda, we encourage you to contact us immediately at support@moda.app so we can work together toward a satisfactory resolution.

If we cannot come to a resolution, you agree that any claims, disputes, demands, counts, controversies, or causes of action between you and Moda arising out of or relating to these Terms, shall be finally and exclusively resolved by binding arbitration on an individual basis.

You may opt out of this arbitration provision by providing written notice to support@moda.app within 30 days of first accepting these Terms.