1. Acceptance of Terms
By creating an account, accessing, or using Modam (the “Service”), you agree to these Terms of Service. If you do not agree, you may not use the Service.
2. Operator and Services
The Service is operated by Modam, Inc., a U.S. corporation. Modam is a digital marketplace that connects artists (Sellers) with collectors (Buyers). We provide the platform, messaging, and checkout technology. We are an intermediary platform, not the seller or shipper of the artworks.
3. Eligibility
You must be at least 14 years old to use the Service. Users under the age of legal majority in their jurisdiction may only make purchases or sales with the consent of a parent or legal guardian.
4. Selling and Fees
Artists creating an account to sell artwork ("Sellers") must clear the following requirements regarding platform fees and payouts:
- Commission Fee: Modam charges a flat 10% commission fee on all completed sales.
- Currency Conversion: An additional 1% fee is deducted when requesting a payout in your designated national currency.
- Stripe Payout Onboarding: To receive payouts, artists must complete Stripe connected account onboarding through the Modam app. Modam uses Stripe to process transactions securely. Stripe may ask for your legal name, business name, address, tax information, bank account details, and identity verification documents. Depending on the country and account type, artists may also be asked for representative or beneficial owner information.
- Payout Blocking: Payouts cannot be sent until required onboarding and verification are completed.
- Payout Timing: Modam does not guarantee a fixed payout schedule. Payouts are subject to standard banking timelines and are generally initiated only after an order is confirmed delivered or the buyer's protection window expires.
5. Shipping and Import Laws
Shipping is a direct arrangement between the buyer and the seller. Modam does not handle physical artworks. Sellers are fully responsible for shipping costs (unless stated otherwise), safe packaging, and providing valid tracking information.
Both buyers and sellers must comply with applicable customs, import/export laws, and sanctions. Buyers are generally responsible for import duties and taxes. Modam is not responsible for items seized by customs.
6. Refunds and Disputes
Modam holds funds during a designated Buyer Protection window (typically 7 days after delivery). Buyers may dispute a transaction if an item is not received, is damaged in transit, or is materially different from its listing. Our Refund Policy governs these disputes. Outside of these conditions, all sales are considered final.
7. User Conduct and Content
You agree not to:
- List counterfeit, stolen, or illegal items.
- Attempt to move transactions off the Modam platform to avoid commission fees.
- Post abusive, harassing, or hateful content in listings, messages, or forums.
- Violate any intellectual property rights.
Modam reserves the right to remove non-compliant content, suspend accounts, and freeze active payouts if you violate these rules.
8. Limitation of Liability
To the maximum extent permitted by applicable law, Modam is provided "as is" without warranty. We are not liable for indirect, incidental, or consequential damages. Our aggregate liability in any dispute shall not exceed the greater of the fees retained by Modam in the preceding twelve months, or $100 USD.
9. Dispute Resolution & Governing Law
These Terms are governed by the laws of the Republic of Korea. Any disputes that cannot be resolved informally will be subject to the exclusive jurisdiction of the courts located in Seoul, Republic of Korea.