Effective Date: February 1, 2025
These Terms of Service and Conditions (“Terms”) constitute a legally binding agreement between the user (“User,” “you,” or “your”) and Modava (“Company,” “we,” “us,” or “our”), governing your access to and use of the Modava mobile application (“App”) and any services or functionalities provided through the App. By downloading, installing, accessing, or using Modava, you acknowledge that you have read, understood, and agree to be bound by these Terms.
PLEASE READ THESE TERMS CAREFULLY. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE THE APP.
1. Acceptance of Terms
1.1 Binding Agreement
By accessing or using Modava, you represent that you are legally capable of entering into a binding contract and you agree to comply with and be bound by these Terms, as well as our Privacy Policy. If you do not agree to these Terms, you may not use the App.
1.2 Modifications to the Terms
We reserve the right to update, modify, or revise these Terms at any time. Changes will be effective immediately upon posting within the App or notifying you by other means. Your continued use of the App following any modification constitutes your acceptance of such changes.
2. Eligibility
2.1 Age Restrictions
You must be at least 18 years of age to use Modava. If you are under 18, you must obtain parental or guardian consent. By using the App, you confirm that you meet this age requirement or have received such consent.
2.2 Jurisdictional Limits
The availability of the App may be subject to legal restrictions in certain jurisdictions. It is your responsibility to ensure that your use of Modava complies with all applicable laws in your jurisdiction. We make no representation or warranty that the App is available or appropriate in all locations.
3. User Accounts and Security
3.1 Account Creation
To access certain features of Modava, you may be required to create an account. You agree to provide accurate, current, and complete information during the registration process and to keep such information up to date. You are solely responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account.
3.2 Account Termination
We reserve the right to suspend or terminate your account, at our discretion, if we determine that you have violated these Terms, engaged in fraudulent activity, or posed a threat to the integrity or functionality of the App.
3.3 Unauthorized Access
You agree to notify us immediately if you become aware of any unauthorized use of your account. We are not liable for any loss or damage arising from your failure to safeguard your account credentials.
4. Use of the App
4.1 Permitted Use
You are granted a limited, non-exclusive, non-transferable, revocable license to access and use Modava for personal, non-commercial purposes, in compliance with these Terms and all applicable laws and regulations.
4.2 Prohibited Use
You agree not to:
– Modify, adapt, reproduce, or reverse-engineer any part of the App.
– Engage in any activity that disrupts or interferes with the App, including transmitting viruses, malware, or harmful code.
– Attempt to gain unauthorized access to the App’s servers, networks, or data.
– Use the App for any illegal, fraudulent, or unauthorized purpose.
– Exploit any part of the App for commercial purposes without our express written consent.
4.3 Third-Party Services
Modava may contain links to third-party websites or services, including e-commerce platforms. We are not responsible for the content, availability, or policies of third-party services and you interact with such services at your own risk. Your dealings with third-party services are governed by their respective terms and policies.
5. Fashion Item Listings and Content
5.1 Accuracy of Information
Modava provides information related to fashion items, including images, descriptions, pricing, and purchase options. While we strive to ensure that this information is accurate and up-to-date, we make no guarantees regarding its completeness, accuracy, reliability, or suitability for any particular purpose.
5.2 Third-Party Content
Some content within the App may be provided by third-party sources. We are not responsible for the accuracy or completeness of third-party content and disclaim any liability arising from your reliance on such content.
6. Intellectual Property Rights
6.1 Ownership
The Modava App and all content, including but not limited to software, images, logos, designs, text, and audio-visual material, are the exclusive property of Modava or its licensors and are protected by intellectual property laws, including but not limited to copyright, trademark, and trade secret laws.
6.2 Limited License
Subject to these Terms, Modava grants you a limited, non-exclusive, non-transferable, revocable license to access and use the App for personal use only. You may not copy, distribute, modify, or create derivative works from any content available through the App without our express written consent.
6.3 Trademarks
All trademarks, service marks, logos, and trade names displayed in the App are proprietary to Modava or third parties. Your use of the App does not grant you any rights to use any trademark, logo, or name without the prior written consent of the respective owner.
7. Disclaimers and Limitations of Liability
7.1 Disclaimer of Warranties
The Modava App is provided “AS IS” and “AS AVAILABLE,” without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Modava does not warrant that the App will be error-free, secure, or uninterrupted, nor that any defects will be corrected.
7.2 Limitation of Liability
To the fullest extent permitted by law, Modava and its affiliates, directors, officers, employees, and agents shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, goodwill, or other intangible losses, arising from or in connection with:
– Your use or inability to use the App.
– Unauthorized access to or alteration of your transmissions or data.
– Any third-party content or services accessed via the App.
7.3 Indemnification
You agree to indemnify, defend, and hold harmless Modava, its affiliates, officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, losses, or expenses (including reasonable attorneys’ fees) arising out of or in any way connected with your use of the App, your violation of these Terms, or your infringement of any third-party rights.
8. Data Collection and Use
8.1 User Data Collection
By using Boozoo, you acknowledge and agree that we may collect and process data related to your use of the App. This includes, but is not limited to, personal data such as name, contact information, account details, preferences, browsing activity, device information, and location data, as detailed in our Privacy Policy.
8.2 Use of Data
You expressly consent to our use of the data collected from your use of the App for the following purposes:
– To provide, maintain, and improve the App and its features.
– To personalize your user experience, including recommendations and advertisements.
– To analyze user behavior and trends to enhance our services.
– To communicate with you regarding App updates, promotions, and other content we believe may be of interest to you.
– To comply with legal obligations and to protect the security and integrity of the App.
8.3 Third-Party Data Sharing
We may share aggregated, anonymized data with third-party partners, such as advertisers and business partners. In some cases, we may share certain personal data with third parties where necessary to provide specific services to you (e.g., third-party payment processors or shipping providers) or as otherwise disclosed in our Privacy Policy.
8.4 User Rights
You have the right to request access to, correction of, or deletion of your personal data. For more information on how we process your data and your rights, please see our Privacy Policy. We comply with all applicable data protection laws, including GDPR (for EU users) and CCPA (for California users), regarding your personal data.
9. Governing Law and Dispute Resolution
9.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of [Country/State], without regard to its conflict of laws principles.
9.2 Dispute Resolution
In the event of any dispute arising out of or related to these Terms or your use of the App, you agree to first attempt to resolve the dispute informally by contacting us. If the dispute is not resolved within 90 days, it shall be submitted to binding arbitration in accordance with the rules of the Modava CEO, unless otherwise prohibited by applicable law. The arbitration shall take place in Vancouver, BC Canada, and the language of the arbitration shall be English.
9.3 Class Action Waiver
You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.
10. Termination of Services
Modava reserves the right, in its sole discretion, to terminate or suspend your access to the App, without notice, for any reason, including if you violate these Terms or engage in any conduct that Modava deems inappropriate or harmful to other users, third parties, or the App itself.
11. Miscellaneous
11.1 Severability
If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
11.2 Entire Agreement
These Terms, together with any applicable Privacy Policy, constitute the entire agreement between you and Modava concerning your use of the App and supersede all prior agreements, negotiations, or understandings.
11.3 Assignment
You may not assign or transfer any of your rights or obligations under these Terms without our prior written consent. We may assign or transfer these Terms, in whole or in part, at any time without notice.
12. Contact Information
If you have any questions or concerns about these Terms, please contact us at:
Email: the.modava.app@gmail.com
By using Modava, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and Conditions.