Terms of Service
Instant Catalog by Moda Lab
Effective date: June 15, 2026 Last updated: June 15, 2026
These Terms of Service ("Terms") are a binding agreement between you ("you", "User", or "Customer") and Moda Lab LLC, a Delaware limited liability company ("Moda Lab", "we", "us", or "our"), governing your access to and use of the Instant Catalog by Moda Lab platform, websites, applications, and related services (collectively, the "Service").
By creating an account, checking the acceptance box, or using the Service, you agree to these Terms and to our Privacy Policy and Cookie Policy, which are incorporated by reference. If you do not agree, do not use the Service.
1. The Service
Instant Catalog is a software-as-a-service ("SaaS") platform that lets fashion brands and sellers upload product photographs and related information, and uses automated and artificial-intelligence ("AI") tools to organize that content into a structured product matrix and generate exportable assets, including optimized photos, lookbooks and line sheets (PDF), and import files (CSV/Excel) for platforms such as Shopify and Moda Lab Wholesale.
We may add, modify, or discontinue features at any time. AI-generated output (names, descriptions, tags, groupings, price recommendations, etc.) is provided as a drafting and decision-support aid and may contain errors; you are responsible for reviewing it before use.
2. Eligibility and accounts
2.1 The Service is available to businesses and to individuals acting for commercial purposes. You must be at least 18 years old and able to form a binding contract.
2.2 If you use the Service on behalf of a company or other entity, you represent that you are authorized to bind that entity, and "you" includes that entity.
2.3 You are responsible for the accuracy of your registration information, for safeguarding your credentials, and for all activity under your account. Notify us promptly at hello@modalab.co of any unauthorized use.
3. Subscriptions, fees, and payment
3.1 Access to the Service is provided on a paid basis under the plan and pricing presented to you at sign-up or order. Fees, billing cycles, and features are described at the point of purchase.
3.2 Unless stated otherwise, fees are billed in advance, are non-refundable except as required by law, and exclude taxes, which you are responsible for.
3.3 Subscriptions renew automatically for successive periods unless cancelled before the renewal date. You may cancel as described in the Service or by contacting hello@modalab.co.
3.4 We may change pricing on a prospective basis with reasonable advance notice; changes apply at your next renewal.
4. Your content
"User Content" means everything you upload, submit, or generate through the Service, including product photographs and images, product names, descriptions, attributes, pricing, inventory, and other catalog data.
4.1 Ownership. As between you and Moda Lab, you retain all ownership rights you have in your User Content. We do not claim ownership of it.
4.2 Your responsibility and warranty. You represent and warrant that you own or have all necessary rights, licenses, consents, and permissions to upload your User Content and to grant the licenses below, and that your User Content (and our authorized use of it) does not infringe or violate any third party's intellectual-property, privacy, publicity, or other rights, or any law. If your photographs depict any identifiable person, you confirm you have obtained all required model/usage releases.
5. License you grant to Moda Lab — images and data
This Section is important. It is the authorization that lets the Service function and lets us provide the analytics and AI features described in these Terms and in our Privacy Policy.
5.1 Operational license. You grant Moda Lab a worldwide, non-exclusive, royalty-free, sublicensable (to our hosting, processing, and AI-tooling providers) license to host, store, reproduce, modify (e.g. resize, optimize, reformat), process, analyze, display, and create derivative assets from your User Content for the purpose of operating and providing the Service to you — including organizing your matrix and generating your exports, lookbooks, line sheets, CSV files, and your listings on Moda Lab Wholesale.
5.2 Analytics and product-improvement license. You further grant Moda Lab a worldwide, non-exclusive, royalty-free, perpetual, sublicensable license to use your User Content and data derived from it to: (a) analyze market and category trends; (b) generate reports, benchmarks, and insights; (c) develop and provide pricing recommendations; (d) operate, evaluate, and improve the Service, our algorithms, and our analytics; and (e) develop, train, and improve machine-learning and AI models now or in the future.
5.3 Aggregation and de-identification. When we use User Content or data under Section 5.2 for purposes beyond delivering your own exports — in particular for trends, reports, benchmarks, and any model development — we will use it in aggregated and/or de-identified form, meaning it will not be presented in a way that identifies you, your brand, or your customers, except where we display your catalog as you have chosen (e.g. your listings on Moda Lab Wholesale).
5.4 No public attribution of confidential pricing. We will not publicly disclose your individual, non-public pricing in a way that is attributable to you; such data may be used only in aggregated or anonymized form for the purposes above.
5.5 Feedback. If you send us suggestions or feedback, you grant us an unrestricted, perpetual, royalty-free right to use it without obligation to you.
5.6 Duration and deletion. The operational license (5.1) lasts while your User Content is on the Service. You may delete User Content or your account, after which we will stop active operational use and delete or de-identify it within a commercially reasonable period and per our retention practices (see Privacy Policy). Aggregated and de-identified data, and any models already trained, may be retained and continue to be used, as they no longer identify you.
6. Moda Lab Wholesale
If you choose to publish a catalog to Moda Lab Wholesale, you authorize us to display your selected products, images, descriptions, and the price type you choose to retailers and buyers on that platform. Additional wholesale-specific terms may apply at the point you opt in. Publishing is optional and within your control.
7. Acceptable use
You agree not to: (a) upload content you do not have the rights to, or that is unlawful, infringing, deceptive, or harmful; (b) upload another party's products or images as your own without authorization; (c) reverse-engineer, scrape, or attempt to extract our source code, models, or other users' data; (d) interfere with or overload the Service; (e) resell or provide the Service to third parties except as permitted by your plan; or (f) use the Service to violate any applicable law or third-party right.
8. Intellectual property in the Service
The Service, including its software, models, design, text, and trademarks (including "Moda Lab", "Instant Catalog by Moda Lab", and "Moda Lab Wholesale"), is owned by Moda Lab or its licensors and is protected by law. We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service per these Terms. All rights not expressly granted are reserved. Exports we generate for you from your User Content are yours to use for your business.
9. Third-party services
The Service interoperates with third-party platforms (e.g. Shopify) and providers. Your use of those services is governed by their terms; we are not responsible for them.
10. Disclaimers
THE SERVICE AND ALL AI-GENERATED OUTPUT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. We do not warrant that AI output (including names, descriptions, tags, or price recommendations) is accurate, complete, or suitable; you are solely responsible for reviewing and deciding whether to use it. We do not provide legal, tax, or pricing advice.
11. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, MODA LAB AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, OR GOODWILL. OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE WILL NOT EXCEED THE AMOUNTS YOU PAID US FOR THE SERVICE IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM. Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.
12. Indemnification
You will indemnify and hold harmless Moda Lab and its affiliates from any claims, damages, and expenses (including reasonable legal fees) arising from your User Content, your use of the Service, or your breach of these Terms or of any third-party right.
13. Suspension and termination
We may suspend or terminate your access for breach of these Terms, non-payment, or to protect the Service or others. You may stop using and close your account at any time. Sections that by their nature should survive termination (including 4–5, 8, 10–12, 14) survive.
14. Governing law and disputes
These Terms are governed by the laws of the State of Delaware, USA, without regard to its conflict-of-laws rules. The parties will first attempt to resolve any dispute informally. Any dispute that cannot be resolved informally will be finally resolved by binding arbitration administered under the rules of a recognized arbitration body (e.g. the American Arbitration Association (AAA) or JAMS), with the seat of arbitration in Delaware, USA, conducted in English before a single arbitrator. Notwithstanding the foregoing, either party may seek injunctive or equitable relief in a court of competent jurisdiction to protect its intellectual property or confidential information. Nothing in this Section limits any rights you may have as a consumer under the mandatory law of your country of residence. Note for counsel: confirm the arbitration provider, applicable rules, and any class-action waiver for your target markets.
15. Changes to these Terms
We may update these Terms. If changes are material, we will provide reasonable notice (e.g. by email or in-product) and, where required, ask you to re-accept. Continued use after the effective date constitutes acceptance.
16. Contact
Moda Lab LLC — a Delaware limited liability company Email: hello@modalab.co Notice address: 8 The Green #11822, Dover, DE 19901, United States