Legal notice: These Terms of Service constitute a legally binding agreement. By creating an account or accessing Modus, you confirm that you have read, understood, and agree to be bound by these terms. If you do not agree, you must not use Modus.
1. Parties and Definitions
"Miscellanea Studio", "we", "us", or "our" refers to Miscellanea Studio, an Australian proprietary company.
"Modus" refers to the market intelligence platform and all associated software, data, content, interfaces, and documentation made available at our website and any subdomain thereof.
"User", "you", or "your" refers to any individual or entity that accesses or uses Modus under a valid licence.
"Dataset" refers to the curated collection of brand records, design classifications, market segment data, retailer relationships, competitive positioning data, taxonomy systems, and all other structured or unstructured data accessible through Modus.
"Content" refers to all information, text, data, graphics, visualisations, analyses, reports, and other materials made available through Modus.
"Licence" refers to the limited, non-exclusive right to access and use Modus as described in Section 3.
2. Acceptance of Terms
Access to Modus requires affirmative acceptance of these Terms at the point of account registration. By clicking "I agree", completing registration, or otherwise accessing Modus, you:
- Represent that you are at least 18 years of age;
- Represent that you have the authority to enter into this agreement on behalf of yourself or your organisation;
- Agree to be bound by these Terms and our Privacy Policy.
We reserve the right to modify these Terms at any time. We will provide notice of material changes via email or prominent in-product notification. Continued use of Modus following such notice constitutes acceptance of the revised Terms.
3. Licence Grant
Subject to these Terms and timely payment of applicable fees, Miscellanea Studio grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to:
- Access and view the Dataset and Content through the Modus interface;
- Use insights derived from Modus to inform your own internal business decisions;
- Export limited excerpts of Content for inclusion in internal reports, presentations, or strategic documents, provided such exports are not shared externally in a manner that substitutes for a Modus subscription.
This licence is personal to you and, where applicable, your named organisation. It does not extend to third parties.
4. Prohibited Uses
This section is a material condition of your Licence. Violation of any prohibition in this section constitutes a material breach and grounds for immediate termination of your account without refund.
You must not, directly or indirectly:
4.1 Scraping and Automated Extraction
- Use any bot, spider, crawler, scraper, script, browser extension, automated tool, or any other automated means to access, index, extract, or harvest any portion of the Dataset or Content;
- Systematically download or cache the Dataset or Content in bulk, whether through automation or manual means;
- Use any data mining, extraction, or collection tools of any kind.
4.2 Redistribution
- Reproduce, copy, publish, transmit, distribute, broadcast, display, sell, sublicence, or otherwise make available the Dataset or Content, in whole or in part, to any third party;
- Share login credentials to enable third-party access;
- Make Modus or its Content accessible to users beyond those covered by your Licence.
4.3 Derivative Datasets
- Create, compile, or contribute to any database, dataset, directory, index, or registry that incorporates, is derived from, or substantially replicates the Dataset or any portion thereof;
- Use the Dataset as a foundation or source to build, train, or improve any competing or analogous product, service, or dataset;
- Use the Dataset to train, fine-tune, or otherwise inform any machine learning model, large language model, or artificial intelligence system.
4.4 Competitive Use
- Use Modus or the Dataset to develop, build, operate, or support any product or service that competes with Modus or that replicates its core functionality — including but not limited to fashion market intelligence platforms, brand directory products, retail analytics tools, or curated fashion datasets;
- Use Modus to assist any third party in building a competing product or service;
- Use insights from Modus to reverse-engineer our taxonomy, classification methodology, or curation approach.
4.5 General Prohibitions
- Circumvent, disable, or interfere with any security feature, access control, or usage limitation of Modus;
- Attempt to gain unauthorised access to any portion of Modus, its infrastructure, or associated systems;
- Use Modus in any way that violates applicable law, regulation, or the rights of any third party.
5. Intellectual Property
5.1 Ownership
Modus and all Content — including but not limited to the Dataset, design code taxonomy, brand classifications, visualisations, software, and interface design — are the exclusive intellectual property of Miscellanea Studio or its licensors. All rights not expressly granted in these Terms are reserved.
5.2 Our Proprietary Rights
The Dataset represents a substantial investment of time, expertise, and resources in selection, coordination, arrangement, and curation. It constitutes an original compilation protected under Australian copyright law (the Copyright Act 1968 (Cth)) and equivalent legislation in other jurisdictions, including the United States (17 U.S.C. §§ 101 et seq.) and the European Union (Directive 96/9/EC on the legal protection of databases).
Our proprietary taxonomy and design code classification system constitutes additional original creative and intellectual work protected independently of the underlying data.
5.3 DMCA and Takedown
We actively monitor for unauthorised reproduction, distribution, and derivative use of our Dataset and Content. Any unauthorised use will be pursued under applicable intellectual property law, including:
- Takedown notices under the Digital Millennium Copyright Act (17 U.S.C. § 512) for infringing material hosted in the United States;
- Equivalent takedown mechanisms in Australia, the European Union, and other jurisdictions;
- Civil action for copyright infringement, breach of contract, and unjust enrichment.
If you believe content on Modus infringes your rights, please contact us at legal@miscellanea.studio with the subject line "DMCA Notice".
5.4 Feedback
If you provide feedback, suggestions, or ideas about Modus, you grant us a perpetual, irrevocable, royalty-free licence to use that feedback without restriction or obligation to you.
6. Fees and Payment
6.1 Pricing
Access to Modus is provided on a one-time payment basis per dataset version. Fees are published on our website and are subject to change for future versions.
6.2 Payment Terms
All fees are due at the time of purchase and are payable in United States Dollars (USD) unless otherwise specified. Payment is processed through our authorised payment processor (Stripe).
6.3 Refunds
All sales are final. We do not offer refunds except where required by applicable consumer protection law, including the Australian Consumer Law (Schedule 2, Competition and Consumer Act 2010 (Cth)).
6.4 Taxes
You are responsible for all taxes, duties, and levies arising from your purchase, excluding taxes on Miscellanea Studio's income.
7. Term and Termination
7.1 Term
These Terms commence upon your acceptance and continue until terminated.
7.2 Termination by Us
We may suspend or terminate your access immediately, without notice or refund, if we reasonably believe you have:
- Violated any provision of Section 4 (Prohibited Uses);
- Provided false information during registration;
- Engaged in conduct that threatens the integrity, security, or reputation of Modus.
7.3 Termination by You
You may discontinue use of Modus at any time. Given the one-time payment model, termination does not entitle you to any refund.
7.4 Effect of Termination
Upon termination: your Licence is revoked immediately; you must cease all use of Modus and delete any cached or stored Content; provisions of these Terms that by their nature should survive (including Sections 4, 5, 8, 9, 10, and 11) will continue to apply.
8. Disclaimers
To the maximum extent permitted by law:
Modus and all Content are provided "as is" and "as available" without warranties of any kind, whether express or implied. We do not warrant that the Dataset is complete, accurate, current, or error-free. Market data is inherently dynamic; the Dataset reflects the state of the market at the time of curation.
Nothing in Modus constitutes financial, investment, legal, or commercial advice. You are solely responsible for decisions made using insights from Modus.
9. Limitation of Liability
To the maximum extent permitted by applicable law, Miscellanea Studio's total aggregate liability to you for any claims arising from or related to these Terms or your use of Modus shall not exceed the amount you paid for your current Licence.
In no event shall Miscellanea Studio be liable for any indirect, incidental, special, consequential, or punitive damages, or for loss of profits, revenue, data, business, or goodwill, even if advised of the possibility of such damages.
Nothing in this section limits liability for fraud, wilful misconduct, or any liability that cannot be limited by law, including under the Australian Consumer Law.
10. Indemnification
You agree to indemnify, defend, and hold harmless Miscellanea Studio and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising from: (a) your use of Modus; (b) your violation of these Terms; or (c) your violation of any applicable law or third-party right.
11. Governing Law and Dispute Resolution
These Terms are governed by and construed in accordance with the laws of the State of Victoria, Australia, without regard to conflict of laws principles.
You agree that any dispute arising from these Terms will be subject to the exclusive jurisdiction of the courts of Victoria, Australia, except that we may seek injunctive or equitable relief in any jurisdiction where necessary to protect our intellectual property rights.
12. General
Entire Agreement. These Terms and our Privacy Policy constitute the entire agreement between you and Miscellanea Studio regarding Modus and supersede all prior agreements.
Severability. If any provision of these Terms is found invalid or unenforceable, that provision will be modified to the minimum extent necessary, and all other provisions will remain in full force.
Waiver. Our failure to enforce any provision of these Terms does not constitute a waiver of our right to enforce it later.
Assignment. You may not assign your rights or obligations under these Terms without our prior written consent. We may assign our rights freely.
No Third-Party Beneficiaries. These Terms do not confer any rights on third parties.
13. Contact
For legal notices, DMCA takedown requests, or questions about these Terms:
Miscellanea Studio
Email: legal@miscellanea.studio
Miscellanea Studio Website: https://miscellanea.studio
Modus Website: https://modus.fashion