Terms of Use

1. Acceptance of These Terms

By accessing or using the Site, you accept and agree to these Terms to the fullest extent such acceptance is legally effective in your jurisdiction. If you are using the Site on behalf of a company or other organization, you represent that you are authorized to accept these Terms on its behalf, and “you” includes that organization. If you do not agree to these Terms, please do not use the Site.

2. Purpose of the Site

The Site provides information about Moduba and potential advertising, marketing, media, promotional, content, affiliate, sponsorship, brand partnership, and other commercial opportunities, and offers ways to contact us or book a meeting.

Information on the Site is provided for general informational purposes only. Browsing the Site, submitting an inquiry, emailing Moduba, contacting us through KakaoTalk, or booking or attending a meeting does not itself create any advertising or marketing agreement, partnership, agency, joint venture, fiduciary relationship, employment relationship, franchise, exclusivity, or representation agreement, and does not obligate Moduba to accept any campaign or to work with any prospective partner.

Any actual campaign, engagement, or partnership will be governed exclusively by a separately executed written agreement — including, without limitation, an insertion order, master services agreement, statement of work, campaign agreement, affiliate agreement, sponsorship agreement, or advertising agreement. That separately executed agreement governs the applicable commercial relationship and prevails over these Terms with respect to that relationship.

3. No Guaranteed Results

Marketing outcomes vary. Except as expressly guaranteed in a separately executed written agreement, Moduba does not guarantee any particular sales, revenue, return on investment, impressions, clicks, conversions, customer acquisition, audience growth, search rankings, social engagement, campaign performance, market penetration, U.S. market entry or success, brand awareness, retail placement, distribution, profitability, or any other specific commercial result.

Past performance does not guarantee future performance. Audience, reach, and composition figures presented on the Site are approximate, may change over time, and are provided for general context. Case studies, metrics, campaign results, testimonials, client examples, and other historical information are illustrative only and do not predict the results of any future engagement.

4. Site Availability, Changes, and Errors

We work to keep the Site accurate, but information on it may occasionally be incomplete, outdated, or contain typographical or other errors, and metrics naturally change over time. To the maximum extent permitted by applicable law, Moduba may at any time, at our discretion and without notice or liability: modify or update the Site; correct or remove information; change features, content, or metrics; suspend or discontinue features; restrict access; temporarily take the Site offline; or discontinue all or part of the Site. Nothing in these Terms obligates Moduba to maintain any particular content, functionality, availability, feature, metric, offer, or service.

To the maximum extent permitted by applicable law, Moduba will not be liable merely because the Site becomes unavailable, a third-party service fails or changes, information becomes outdated, metrics change, content is removed, a feature is changed, technical errors occur, or links stop working. We do not promise uninterrupted, error-free, secure, or permanently available operation, and any reliance on Site information is at your own risk to the extent permitted by applicable law.

5. Third-Party Brands and Trademarks

The Site displays names and logos of brands that have worked with Moduba. All third-party trademarks, service marks, and logos are the property of their respective owners. References to a brand reflect past or prior work and do not imply current endorsement, current sponsorship, current affiliation, an ongoing commercial relationship, exclusivity, legal partnership, agency, joint venture, or any ownership relationship, unless expressly stated. No right or license to any third-party mark is granted through the Site.

6. Intellectual Property

The Site and its contents — including the Moduba name and brand, logos, website design, text, graphics, data, research, reports, marketing materials, case studies, and other original content — are owned by or licensed to MDBA Inc. and are protected by copyright, trademark, and other intellectual-property laws.

You are granted a limited, revocable, non-exclusive, non-transferable permission to access and view the Site for legitimate business purposes. Except as permitted by applicable law, you may not copy, reproduce, republish, distribute, publicly display, create derivative works from, commercially exploit, or systematically extract Site content — including through scraping, crawling for content-extraction purposes, or other automated means — without our prior written permission.

7. Acceptable Use

In connection with the Site, you agree not to:

• attempt to gain unauthorized access to the Site or related systems, or circumvent security or access controls;
• interfere with or disrupt the operation of the Site, including by imposing an unreasonable load on its infrastructure;
• introduce viruses, malware, or other harmful code;
• scrape, harvest, or extract content or information at abusive scale or for unauthorized purposes, including harvesting contact information;
• engage in fraud, impersonate any person or organization, or misrepresent your affiliation;
• infringe the rights of Moduba or any third party;
• misuse the Site’s contact or scheduling functionality, including sending spam or unlawful communications; or
• use the Site for any unlawful purpose.

8. Third-Party Services

The Site links to and embeds services operated by third parties — including the Zcal scheduling service, KakaoTalk, and external websites — and your communications with us also travel through providers such as your own email service. Third-party services are governed by their own terms and policies, and Moduba does not control and, to the maximum extent permitted by applicable law, is not responsible for their availability, content, security, or privacy practices. Use of any third-party service is at your own discretion and risk.

9. Privacy

Our handling of information in connection with the Site is described in the Privacy Policy, which is incorporated into these Terms by reference.

10. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND ITS CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. This disclaimer does not attempt to exclude warranties or rights that cannot legally be excluded in your jurisdiction.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MDBA INC., MODUBA, AND THEIR RESPECTIVE AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, REPRESENTATIVES, LICENSORS, AND, WHERE APPLICABLE, SERVICE PROVIDERS (TOGETHER, THE “MODUBA PARTIES”) WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOST PROFITS, LOST REVENUE, LOST DATA, LOST BUSINESS OPPORTUNITIES, BUSINESS INTERRUPTION, OR DAMAGES ARISING FROM RELIANCE ON SITE INFORMATION, IN EACH CASE ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE SITE, UNDER ANY THEORY OF LIABILITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF THE MODUBA PARTIES FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF THE SITE WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS (US$100).

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law. Separately executed written commercial agreements may contain their own liability provisions, and those provisions — not this section — govern the applicable commercial engagement.

12. Indemnification

To the extent enforceable under applicable law, you agree to indemnify and hold harmless MDBA Inc., Moduba, and their respective affiliates, officers, directors, employees, agents, contractors, and representatives from and against claims, damages, losses, and reasonable expenses (including reasonable attorneys’ fees) arising out of your misuse of the Site, your violation of these Terms, your infringement of any third-party rights, or your unlawful conduct in connection with the Site.

13. No Partnership or Agency

Your use of the Site, and any discussions or communications with Moduba, do not create a partnership, joint venture, employment, fiduciary, agency, franchise, or exclusive relationship of any kind. Any such relationship may be established only by a separate written agreement signed by both parties.

14. Governing Law

These Terms and any dispute arising out of or relating to the Site are governed by the laws of the State of Delaware, United States, without regard to conflict-of-law principles. If you are located in a jurisdiction whose laws grant you mandatory rights or protections that cannot be waived by contract — including applicable mandatory protections under the laws of the Republic of Korea — those rights are not affected by this choice of law.

15. Dispute Resolution; Arbitration (U.S. Users)

This section applies to users in the United States to the extent it is enforceable under applicable law.

Informal resolution first. Before starting a formal proceeding, you and Moduba agree to try to resolve any dispute informally by contacting legal@moduba.com and allowing thirty (30) days for resolution.

Binding individual arbitration. Any dispute arising out of or relating to the Site or these Terms that is not resolved informally will be resolved by binding individual arbitration administered by the American Arbitration Association under its applicable rules, rather than in court. The arbitration will be conducted in English, and judgment on the award may be entered in any court of competent jurisdiction.

Exceptions. Either party may (a) bring a qualifying claim in small-claims court, and (b) seek injunctive or other equitable relief in a court of competent jurisdiction for actual or threatened infringement or misuse of intellectual property or unauthorized access to or interference with the Site.

Class-action and jury waiver. To the extent legally effective, disputes will be resolved only on an individual basis — not as a plaintiff or class member in any class, consolidated, or representative proceeding — and each party waives any right to a jury trial.

Opt-out. You may opt out of this arbitration provision by emailing legal@moduba.com within thirty (30) days of first accepting these Terms, stating your name, company, and intent to opt out. Opting out does not affect any other provision of these Terms.

16. Korean and Other International Visitors

The Site is intended for business visitors in the United States and the Republic of Korea, and may be accessed from other jurisdictions. Nothing in these Terms — including the governing law and dispute-resolution provisions — waives or limits rights or protections that mandatorily apply to you under applicable law, including applicable Korean law, where such rights cannot legally be waived by agreement.

17. Termination and Restriction of Access

Moduba may restrict, suspend, or terminate access to the Site, in whole or in part, where reasonably necessary to address misuse, violations of these Terms, security risks, or legal requirements. Provisions that by their nature should survive — including intellectual-property, disclaimer, limitation-of-liability, indemnification, and dispute-resolution provisions — survive any termination.

18. Changes to These Terms

We may revise these Terms from time to time. The “Last updated” date at the top of this page shows when they were most recently revised, and revised Terms apply from their effective date. Continued use of the Site after changes take effect constitutes acceptance of the revised Terms to the extent legally effective.

19. Severability; No Waiver

If any provision of these Terms is held invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the remaining provisions will remain in full force and effect, to the extent legally appropriate. A failure to enforce any provision is not a waiver of the right to enforce it later.

20. Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and Moduba regarding use of the Site. They do not govern any commercial engagement: any separately executed written agreement between you and MDBA Inc. governs the actual business relationship and prevails over these Terms in the event of a conflict concerning its subject matter.

21. Contact

Questions about these Terms may be directed to legal@moduba.com. The Site is operated by MDBA Inc. in connection with the Moduba brand.