Last updated: 15 September 2026

Terms & Conditions

These Terms & Conditions govern your use of the MODANA website and, where applicable, the services provided by MODANA.

By using our website or engaging MODANA for services, you agree to these terms.

1. About MODANA

MODANA provides human-led revenue recovery services for direct-to-consumer ecommerce businesses.

Our service may include contacting customers or leads by phone or text, answering product questions, addressing purchase objections, assisting with checkout issues and helping customers complete purchases.

MODANA is not an advertising agency and does not replace your existing advertising, ecommerce or marketing technology.

2. Eligibility

Our services are intended primarily for businesses and their authorised representatives.

By engaging MODANA, you confirm that:

  • You have authority to act on behalf of your business.
  • Information you provide to us is accurate.
  • You have the necessary rights and permissions to provide customer or lead information to MODANA.
  • Your use of our services complies with applicable laws and regulations.

3. Our Services

The specific services MODANA provides will depend on the agreement between MODANA and the client.

Services may include:

  • Abandoned-cart recovery
  • Lead follow-up
  • Phone outreach
  • Text outreach
  • Customer conversations
  • Product-question handling
  • Purchase assistance
  • Checkout issue resolution
  • Revenue recovery
  • Reporting and performance analysis

The exact scope, pricing, targets and responsibilities may be set out in a separate agreement or statement of work.

4. No Guaranteed Revenue

MODANA works to recover revenue from existing customer and lead opportunities.

However, we do not guarantee:

  • A specific number of recovered orders
  • A specific conversion rate
  • A specific revenue amount
  • A specific return on investment

Results depend on factors including traffic quality, product-market fit, pricing, customer intent, offer quality, customer experience and the information available to MODANA.

5. Client Responsibilities

Clients are responsible for providing:

  • Accurate customer or lead information
  • Appropriate access to relevant systems
  • Accurate product information
  • Current pricing and promotional information
  • Relevant customer policies
  • Instructions regarding outreach
  • Any required legal or regulatory permissions

Clients remain responsible for their products, ecommerce store, advertising claims, fulfilment, refunds and customer policies.

6. Customer Data

Where MODANA processes personal information on behalf of a client, the parties may enter into a separate Data Processing Agreement.

The client remains responsible for ensuring that information supplied to MODANA has been collected and shared lawfully.

MODANA will process customer information only as permitted under the applicable agreement and applicable data protection law.

7. Communications

Where MODANA contacts customers on a client’s behalf, the client is responsible for ensuring that the relevant outreach is lawful.

This includes ensuring appropriate permissions, notices, opt-outs and marketing requirements are in place where required.

MODANA may pause or refuse an outreach activity where we reasonably believe it may create legal, regulatory, reputational or ethical risk.

8. Pricing and Payment

Fees will be agreed between MODANA and the client before services begin.

Unless otherwise agreed:

  • Invoices are payable according to the agreed payment terms.
  • Late payments may result in suspension of services.
  • Additional services outside the agreed scope may incur additional charges.

Specific commercial terms should be documented in the applicable client agreement.

9. Intellectual Property

All intellectual property belonging to MODANA remains the property of MODANA unless otherwise agreed.

This may include:

  • Website content
  • Branding
  • Software
  • Processes
  • Frameworks
  • Training materials
  • Reports
  • Templates
  • Methodologies

Clients retain ownership of their own data, customer information, trademarks and business materials.

10. Confidentiality

Each party agrees to keep confidential information received from the other party confidential and use it only for legitimate purposes connected with the relationship.

Confidential information may include:

  • Business information
  • Customer information
  • Sales data
  • Pricing
  • Strategies
  • Technical information
  • Commercial information

These obligations continue after the relationship ends where appropriate.

11. Acceptable Use

You must not use MODANA’s services to:

  • Break the law
  • Mislead customers
  • Conduct fraudulent activity
  • Send unlawful communications
  • Infringe another person’s rights
  • Distribute malicious software
  • Abuse MODANA personnel or systems
  • Provide false or misleading information

We may suspend or terminate services where necessary to protect MODANA, our clients, customers or third parties.

12. Website Use

You may use the MODANA website for legitimate business and informational purposes.

You must not:

  • Attempt to gain unauthorised access
  • Interfere with website functionality
  • Copy substantial portions of the website without permission
  • Use automated systems to abuse the website
  • Introduce malicious code
  • Misrepresent your relationship with MODANA

13. Third-Party Services

MODANA may integrate with third-party services, including ecommerce platforms, CRM systems, communications providers, analytics platforms and scheduling tools.

We are not responsible for the availability, security, functionality or policies of third-party services outside our control.

Your use of those services may also be governed by their own terms.

14. Service Availability

We aim to provide reliable services but do not guarantee that our website or services will always be:

  • Available
  • Error-free
  • Uninterrupted
  • Free from vulnerabilities

We may temporarily suspend services for maintenance, security or operational reasons.

15. Limitation of Liability

To the maximum extent permitted by applicable law, MODANA will not be responsible for indirect, incidental, special or consequential losses arising from the use of our website or services.

This may include loss of:

  • Profits
  • Revenue
  • Business opportunities
  • Goodwill
  • Data

Nothing in these Terms limits or excludes liability that cannot legally be limited or excluded.

Any commercial liability cap should be agreed in the applicable client contract.

16. Indemnity

Where legally permitted, the client agrees to indemnify MODANA against claims, losses or liabilities arising from:

  • Unlawful customer data supplied by the client
  • Unlawful marketing instructions
  • Misleading product claims supplied by the client
  • Breach of these Terms
  • Breach of applicable law caused by the client’s actions or instructions

17. Suspension and Termination

Either party may terminate services according to the termination provisions contained in the applicable commercial agreement.

MODANA may suspend services immediately where necessary because of:

  • Non-payment
  • Security concerns
  • Legal or regulatory concerns
  • Misuse of the service
  • Material breach of these Terms

Upon termination, outstanding fees remain payable.

18. Changes to These Terms

We may update these Terms from time to time.

The latest version will be published on this website.

Where changes materially affect an existing client relationship, we will provide appropriate notice or address the changes through the applicable commercial agreement.

19. Governing Law

These Terms are governed by the laws of England and Wales, unless a separate agreement between MODANA and a client states otherwise.

The courts of England and Wales will have jurisdiction over disputes, subject to any mandatory legal rights that apply.

20. Contact

Questions about these Terms can be sent to:

MODANA
modanasales@gmail.com

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