Modern Collective – Terms of Service

Last Updated: December 2025

These Terms of Service (“Terms”) govern access to and use of moderncollective.io (“Site”) and Modern Collective’s AI-powered business automation services (“Services”).

For purposes of these Terms, “you” means the legal business entity that enters into these Terms with Modern Collective and any authorized users (including employees, contractors, or agents) acting on that entity’s behalf.

By accessing or using the Site or Services, you agree to these Terms.

1. Use of the Site and Services

You agree to use the Site and Services in compliance with applicable laws and these Terms. You agree not to:

Disrupt, damage, or interfere with the Site, Services, or related systems Attempt to access restricted areas or systems without authorization Reverse engineer, copy, or misuse the Site, Services, or underlying systems Use the Services for unlawful, deceptive, abusive, or unauthorized purposes

2. Client Responsibilities and Communications Compliance

You are solely responsible for:

The accuracy, legality, and content of all data you provide or cause to be processed through the Services Ensuring you have obtained all required rights, permissions, and consents to collect, use, and communicate with your customers Compliance with all applicable laws and regulations governing communications, including but not limited to TCPA, CAN-SPAM, and applicable carrier requirements

If the Services are used to send or facilitate application-to-person (A2P) communications, including SMS, voice, or email, you are responsible for meeting all carrier and platform requirements, which may include toll-free verification, 10DLC registration, brand or campaign registration, opt-in and opt-out handling, and ongoing compliance with evolving carrier policies.

Modern Collective does not provide legal advice and does not verify or manage client consent or registration obligations.

3. Data Processing Roles

For purposes of applicable data protection laws:

You act as the Data Controller with respect to customer and business data processed through the Services Modern Collective acts as a Data Processor and Service Provider, processing data solely to provide the Services in accordance with your instructions and applicable service agreements

Data handling practices are described further in the Privacy Policy and applicable service agreements, including any Data Processing Addendum.

4. Intellectual Property

All Site content, software, systems, workflows, and materials provided by Modern Collective are owned by Modern Collective or its licensors and are protected by intellectual property laws.

You are granted a limited, non-exclusive, non-transferable right to use the Services during the term of your agreement. You may not copy, distribute, modify, or create derivative works without prior written permission.

5. AI-Assisted Output and Review Responsibility

The Services may include AI-assisted or automated outputs, including generated messages, summaries, recommendations, or workflow actions.

You acknowledge and agree that:

AI-generated output may be incomplete, inaccurate, or context-dependent You are solely responsible for reviewing, validating, and approving all outputs before relying on or communicating them to third parties Modern Collective is not responsible for decisions, actions, or communications made based on AI-assisted outputs

6. Third-Party Services

The Services may integrate with or rely on third-party platforms and providers, including communications, analytics, CRM, hosting, and automation tools.

Modern Collective does not control and is not responsible for the availability, performance, security, or policies of third-party services.

7. No Guarantee of Outcomes

The Services are provided on an “as is” and “as available” basis.

Modern Collective does not guarantee specific outcomes, business results, revenue, accuracy, or performance.

8. Disclaimer of Warranties

To the fullest extent permitted by law, Modern Collective disclaims all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

9. Suspension and Termination

Modern Collective may suspend or terminate access to the Site or Services if:

You violate these Terms Your use of the Services creates legal, regulatory, or carrier risk Your activities violate applicable laws, carrier policies, or third-party platform requirements

10. Limitation of Liability

To the fullest extent permitted by law:

Modern Collective is not liable for indirect, incidental, consequential, special, or punitive damages Modern Collective’s total liability shall not exceed the fees paid by you for the Services in the twelve (12) months preceding the claim

11. Indemnification

You agree to indemnify and hold harmless Modern Collective from claims arising from:

Your misuse of the Services Your violation of these Terms Your failure to obtain required consents or comply with applicable laws or carrier requirements The content or legality of data you provide or cause to be processed

12. Governing Law

These Terms are governed by the laws of the State of California.

13. Changes to These Terms

We may update these Terms from time to time. Updated versions will be posted on the Site.

14. Contact Information

[email protected]