Terms of Service — Modaal

1) Provider information

Provider: FabFun (The Netherlands), trading as Modaal
KvK: 92807224
Contact: hi@modaal.dev

2) Definitions

• "Account": credentials used to access the Service.
• "Authorized User": an individual you permit to use the Service.
• "Seat": one subscription unit for one Authorized User (as described in your plan).
• "Customer Data": content you submit to the Service (e.g., prompts, specs, files, screenshots) and outputs generated for you that you store in the Service.
• "Usage Data": technical/operational data (logs, telemetry, feature usage, diagnostics) generated by the Service in connection with use; it does not include the substance of your Customer Data.
• "Modaal Materials": the Service and all underlying software, workflows, templates, UI, documentation, and technology provided by us (excluding Customer Data).

3) The Service

Modaal helps you generate and iterate on software artifacts (including code) using AI. We do not host, deploy, or publish your applications and we do not provide user-facing app subdomains.

You are responsible for:

• exporting, integrating, testing, deploying, and operating any application built with outputs from the Service,
• ensuring compliance with platform rules (Apple/Google), security requirements, and applicable law.

4) Accounts and security

You must provide accurate information and keep it up to date.

You are responsible for:

• safeguarding credentials,
• all activity under your Account,
• ensuring Authorized Users comply with these Terms.

Notify us at hi@modaal.dev if you suspect unauthorized access.

5) Acceptable use and restrictions

You may not (and may not allow others to):

• Break the law or violate third-party rights (IP, privacy, confidentiality).
• Upload unlawful, harmful, or abusive content, including malware or attempts to exploit systems.
• Attempt to bypass security controls, rate limits, access restrictions, or paywalls.
• Reverse engineer or attempt to extract source code, models, or underlying systems from the Service except where mandatory law permits.
• Interfere with the integrity or performance of the Service (scraping, abusive automation, denial-of-service).
• Use the Service to process special categories of personal data (GDPR Art. 9) unless you have a lawful basis and the feature is explicitly designed for such use.

We may set and enforce reasonable technical limits to protect the Service and other users.

6) Customer Data

6.1 Your responsibilities

You represent and warrant that:

• you own or have all necessary rights to submit Customer Data,
• you have all necessary consents and lawful bases for any personal data you provide,
• your Customer Data and use of the Service do not violate law or third-party rights.

6.2 License to operate the Service

You grant us a limited, non-exclusive, worldwide license to host, process, transmit, and display Customer Data only as necessary to:

• provide and maintain the Service,
• provide support and troubleshoot,
• prevent abuse and ensure security,
• improve reliability and performance.

We do not claim ownership of your Customer Data.

7) AI outputs

You acknowledge:

• outputs may be inaccurate, incomplete, or contain errors,
• outputs may include or resemble known patterns (including open-source-like snippets),
• you must review, test, and validate outputs before using or shipping them.

You are solely responsible for decisions made based on outputs and for any resulting application behavior.

8) Intellectual property

8.1 Modaal Materials

We (and our licensors) retain all rights in the Service and Modaal Materials. These Terms grant you only a limited right to access and use the Service as described here.

8.2 Your projects and outputs

As between you and us, you own your Customer Data.

To the extent permitted by law, you also own outputs generated for you through the Service except:

• third-party components and open-source software (which remain subject to their licenses),
• Modaal Materials and any pre-existing components we provide as part of the Service.

8.3 Similarity

AI outputs can be similar for different users. Similarity alone does not mean we disclosed your Customer Data.

9) Third-party services and integrations

The Service may integrate with third-party services (e.g., code hosting, authentication providers). Your use of third-party services is governed by their terms.

We are not responsible for third-party services, including their availability, security, or data practices.

10) Subscriptions, seats, billing, and payments

10.1 Seat-based plans

Paid plans are billed per Seat, monthly or annually (as shown at checkout or in your order).

10.2 Auto-renewal

Subscriptions renew automatically unless you cancel before the renewal date (via account settings or as otherwise stated at purchase).

10.3 Taxes

Fees exclude applicable taxes (e.g., VAT) unless stated otherwise.

10.4 No refunds

Except where required by law or explicitly stated by us in writing, fees are non-refundable.

10.5 Changes

We may change fees or plan features with reasonable notice. If you do not agree, you may cancel before the change takes effect.

11) Suspension and termination

11.1 Suspension/termination for breach

We may suspend or terminate access if we reasonably believe you:

• violated these Terms,
• pose a security risk,
• engage in fraud/abuse,
• fail to pay fees when due.

Where reasonable, we will provide notice and an opportunity to fix the issue.

11.2 Termination by you

You may stop using the Service at any time and cancel your subscription.

11.3 Effect of termination

Upon termination:

• your access ends,
• you remain responsible for fees incurred up to the termination date,
• we may delete Customer Data in accordance with our retention practices (see Privacy Policy).

Sections that should survive will survive, including IP, disclaimers, limitation of liability, and payment obligations.

12) Confidentiality

If either party receives non-public information from the other that is marked or reasonably understood as confidential, the receiving party will protect it with reasonable care and use it only to perform under these Terms.

13) Warranties and disclaimers

To the fullest extent permitted by law, the Service is provided "as is" and "as available." We disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.

We do not warrant that:

• the Service will be uninterrupted or error-free,
• outputs will be accurate, complete, secure, or suitable for your intended use.

Nothing in these Terms excludes warranties that cannot be excluded under applicable law.

14) Limitation of liability

To the fullest extent permitted by Dutch law:

• we are not liable for indirect or consequential damages (loss of profits, revenue, data, goodwill),
• our total liability for all claims related to the Service will not exceed the fees you paid for the Service in the 12 months immediately preceding the event giving rise to the claim.

This does not apply where liability cannot be limited under mandatory law (e.g., intent or gross negligence).

15) Indemnification (business users)

If you use the Service for business purposes, you will indemnify and hold FabFun harmless from claims arising out of:

• your Customer Data,
• your breach of these Terms,
• your app/product built using outputs,
• your violation of law or third-party rights.

16) Export controls and sanctions

You may not use the Service in violation of applicable export control or sanctions laws.

17) Governing law and disputes

These Terms are governed by the laws of The Netherlands.

Unless mandatory law provides otherwise, disputes will be submitted to the competent courts in Amsterdam, The Netherlands.

If you are a consumer in the EU, you may have additional mandatory rights.

18) Contact

Questions about these Terms: hi@modaal.dev