Last updated: April 27, 2026
These Terms of Service (the "Terms") form a binding agreement between MODTURA ("MODTURA," "we," "us," or "our") and you, the individual or entity using MODTURA services (the "User," "you," or "your"). By visiting modtura.com, submitting an inquiry, signing a partner agreement, or purchasing a website plan, you agree to these Terms.
These Terms apply to two categories of users: Clients, the small businesses that purchase a MODTURA website plan, and Partners, the independent businesses that refer clients to MODTURA in exchange for a revenue share. Section A applies to Clients, Section B applies to Partners, and the General Provisions apply to everyone.
If you do not agree with these Terms, do not use our services.
MODTURA is a web development company that designs, builds, hosts, secures, and manages custom websites for small businesses. We sell our services through a network of independent partners, who refer clients to us in exchange for a 50/50 revenue share on each plan they bring in.
To use MODTURA services, you must be at least eighteen (18) years old, legally able to enter into a binding contract, and acting on behalf of a legitimate business. We may refuse service to any individual or entity at our sole discretion.
You are responsible for the accuracy of the information you provide to MODTURA, for keeping account credentials confidential, and for all activity that occurs under your account. Notify us at hello@modtura.com if you believe your account has been compromised.
This section applies to small businesses that purchase a MODTURA Plan.
MODTURA designs, develops, hosts, secures, and manages custom websites for Clients. The exact deliverables for each Client are determined by the Plan they purchase and recorded in the Order Form. Every Plan includes custom design and development, hosting, SSL, security monitoring, an admin panel, a content management system, a blog, search engine and answer engine optimization, mobile-responsive design, and a complete website refresh at the twelve (12) month mark of the Term.
Plans are sold on a two (2) year Term beginning on the launch date of the Client's website. At the end of the Term, the Plan automatically renews for successive one (1) year periods at the then-current rate, unless either party provides written notice of non-renewal at least thirty (30) days before the end of the current Term.
To deliver a custom website on schedule, the Client agrees to provide content, brand assets, login credentials for any third-party tools we are integrating with, and timely feedback on design and content drafts. Delays caused by the Client may extend the build timeline, but do not extend the Term or the billing schedule.
The Client is responsible for the accuracy, legality, and ownership of all content they supply, including text, images, logos, video, testimonials, and any third-party material. The Client warrants that they have the right to use any content they provide to MODTURA.
For the duration of the Term, MODTURA provides hosting, SSL certificates, ongoing security monitoring, software updates, backups, and routine maintenance. We do not guarantee uninterrupted service, but we use commercially reasonable efforts to maintain availability and to resolve outages promptly.
If the Client requires services outside the scope of their Plan (for example, custom development beyond the Plan's page library, additional integrations, or a redesign before the twelve-month refresh), we will quote the work separately.
Upon full payment of all fees due during the active Plan, the Client owns the final design, copy, and image files used on their website that were created specifically for them. MODTURA retains ownership of, and grants the Client a non-exclusive, non-transferable license to use during the Term: any underlying code, frameworks, components, templates, design systems, plugins, scripts, content management infrastructure, admin panel, and tooling that MODTURA uses across multiple client websites.
If the Client cancels or does not renew at the end of the Term, MODTURA will provide reasonable export of the Client's content, but is not obligated to deliver source code, hosting infrastructure, or proprietary MODTURA tooling.
Plan fees and the billing schedule are recorded on the Client's Order Form. Payments are processed by Stripe, Inc., subject to the Stripe Services Agreement at stripe.com/legal. By providing payment information, the Client authorizes MODTURA and Stripe to charge the payment method on file according to the agreed schedule.
If a payment fails, we will attempt to collect the amount due and notify the Client. If a payment remains unpaid for more than fifteen (15) days after the original due date, MODTURA may suspend services, and continued non-payment may result in termination as set out in Section A8.
Cancellation, refund eligibility, dispute handling, and chargeback policies are described in our Refund & Cancellation Policy, which is incorporated into these Terms by reference.
MODTURA may suspend or terminate a Client's services for non-payment, breach of these Terms, breach of the Acceptable Use Policy, or activity that creates legal, security, or reputational risk. Where reasonable, we will give notice and an opportunity to cure before suspending or terminating. Termination does not relieve the Client of fees owed for services rendered.
This section applies to independent businesses that refer Clients to MODTURA. A separate Partner Agreement governs the specific commercial terms of each partnership and is incorporated into these Terms.
Partners introduce small business clients to MODTURA. Partners do not design, build, host, or manage websites, and they do not collect payment from Clients on MODTURA's behalf. The Partner's role is the introduction and the trust they have already built with the Client. MODTURA handles all design, development, communications, billing, hosting, security, and ongoing management from the point of introduction forward.
For every Client that signs a Plan as a result of a Partner introduction, the Partner earns a fifty percent (50%) share of the net revenue MODTURA collects from that Client during the Term, less payment processing fees, refunds, chargebacks, and any taxes that MODTURA is required to withhold or remit. Net revenue is calculated on amounts actually received and retained by MODTURA.
Revenue share is paid on a monthly schedule, in arrears, by ACH or other agreed method. Partners are responsible for their own taxes and for providing MODTURA with the tax documentation (such as a W-9 in the United States) required to issue payments.
Partners are independent contractors. Nothing in these Terms or in any Partner Agreement creates an employment, joint venture, agency, franchise, or fiduciary relationship between MODTURA and a Partner. Partners have no authority to bind MODTURA, to enter into agreements on MODTURA's behalf, or to represent themselves as employees of MODTURA.
A lead is attributed to the first Partner who submits the prospect's information through MODTURA's intake process or otherwise notifies MODTURA in writing, provided that the prospect has not previously contacted MODTURA or been registered by another Partner. MODTURA's records are the authoritative source for attribution. Where two Partners independently introduce the same prospect, MODTURA will resolve the conflict in good faith based on documented contact history.
MODTURA grants Partners a limited, non-exclusive, revocable license to use the MODTURA name, logo, and approved marketing materials solely to promote MODTURA services to prospective Clients during the term of the partnership. Partners may not modify the MODTURA logo, claim ownership of MODTURA intellectual property, or use the MODTURA brand in a way that is misleading, disparaging, or unrelated to the partnership.
Partners may receive non-public information about MODTURA's pricing, processes, prospects, and clients in the course of the partnership. Partners agree to keep that information confidential, to use it only to perform their role under the Partner Agreement, and not to disclose it to any third party without MODTURA's written consent. This obligation survives termination of the partnership.
Partners agree to represent MODTURA accurately, to not make claims or guarantees about our services that we have not authorized, to comply with all applicable laws (including anti-spam, telemarketing, and advertising laws), and to refrain from any conduct that could damage MODTURA's reputation or expose MODTURA to legal risk.
Either party may terminate the partnership at any time on thirty (30) days' written notice. MODTURA may terminate immediately for breach of these Terms, breach of the Partner Agreement, breach of the Acceptable Use Policy, or conduct that creates legal or reputational risk. Following termination, the Partner continues to receive the agreed revenue share on Plans active at the time of termination, for as long as those Plans remain active and in good standing, subject to the terms of the Partner Agreement.
These provisions apply to all Users of MODTURA services.
All use of MODTURA services is subject to our Acceptable Use Policy, which is incorporated into these Terms by reference.
Our collection and use of personal information is described in our Privacy Policy, which is incorporated into these Terms by reference.
MODTURA uses third-party providers to deliver parts of our services, including Stripe for payment processing, hosting providers for infrastructure, email providers for transactional and marketing email, and analytics providers for usage data. Your use of MODTURA services is also subject to the terms and privacy policies of those providers as they apply to you.
MODTURA SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY LAW, MODTURA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.
We do not guarantee any specific business outcome from the use of our services, including search engine rankings, traffic levels, leads generated, or revenue earned.
TO THE FULLEST EXTENT PERMITTED BY LAW, MODTURA AND ITS OFFICERS, EMPLOYEES, CONTRACTORS, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOST DATA, BUSINESS INTERRUPTION, OR LOSS OF GOODWILL, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES, REGARDLESS OF THE LEGAL THEORY AND EVEN IF MODTURA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT WILL MODTURA'S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES EXCEED THE TOTAL AMOUNT PAID BY YOU TO MODTURA IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
You agree to indemnify, defend, and hold harmless MODTURA and its officers, employees, contractors, and agents from any claim, demand, damage, loss, cost, or expense (including reasonable attorneys' fees) arising out of your breach of these Terms, your misuse of the services, your violation of any law, or your infringement of any third party's rights, including any content you supply for use on a MODTURA website.
MODTURA may update these Terms from time to time. When we do, we will update the "Last updated" date at the top of this page and, where the change is material, take reasonable steps to notify active Clients and Partners. Continued use of the services after the effective date of an update constitutes acceptance of the updated Terms.
These Terms are governed by the laws of the United States of America and the state in which MODTURA maintains its principal place of business, without regard to conflict-of-law principles. Any dispute arising out of or relating to these Terms or the services will be resolved exclusively in the state or federal courts located in that state, and the parties consent to the personal jurisdiction of those courts.
Before filing any formal claim, the parties agree to attempt in good faith to resolve the dispute through direct communication for at least thirty (30) days after written notice of the dispute is delivered.
These Terms, together with the Order Form, the Partner Agreement (where applicable), the Privacy Policy, the Refund & Cancellation Policy, the Acceptable Use Policy, and the Cookie Policy, constitute the entire agreement between you and MODTURA regarding the services and supersede any prior agreements on the same subject. If any provision is found to be unenforceable, the remaining provisions will continue in full effect. MODTURA's failure to enforce a provision is not a waiver of its right to do so later. You may not assign these Terms without our written consent. MODTURA may assign these Terms in connection with a merger, acquisition, or sale of all or substantially all of its assets.