Terms and conditions

1. Who and what

These terms apply to all use of Modudek, an online service of Creative Communication, Koerselsesteenweg 192, 3582 Koersel, company number BE 0683.857.720 ("we"). The "customer" is the business, self-employed person or association that has an account, together with the users it gives access. "End customers" are the customer's own customers, visitors and contacts.

Modudek is intended for professional use. You accept these terms by ticking the box when creating your account or when a new version is published. Whoever accepts does so on behalf of the business for which they use Modudek.

2. The service

Modudek is an online workspace with modules such as a website, customer list, appointments, chat assistant, AI assistant, follow-up emails, newsletters, web shop, invoices, work orders and domain names. Which modules are available depends on the chosen plan.

We continuously improve Modudek. We may change or replace features, as long as the core of your plan remains. If an important feature disappears, we will let you know at least 30 days in advance.

Texts, images and answers created with AI are a suggestion. AI can make mistakes. The customer reviews them and remains responsible for what they publish or send. This also applies to texts the customer creates with an AI from another provider (such as ChatGPT, Claude or Gemini) and pastes into Modudek: Modudek only reads them in.

3. Trial, prices and payment

• A paid plan starts with a free trial of 14 days. Without payment details, the account stops automatically at the end of the trial.
• Prices are listed on the website and exclude VAT. Subscriptions run monthly or yearly and are paid in advance via Stripe.
• If you let us set everything up, you pay a one-time fee of €299 excl. VAT. This amount is not refunded once the work has been done.
• Extra text messages beyond your plan's bundle cost €0.12 per SMS segment excl. VAT, up to the monthly cap you set yourself (0 = stop at the bundle), and are added to your next invoice.
• If a payment fails, you receive a reminder. If payment is not made, we may pause the account until it is settled. Your data is kept.
• Late payments automatically bear interest, without prior notice, under the Belgian Act of 2 August 2002 on combating late payment in commercial transactions, plus a fixed compensation of €40 for collection costs.
• We announce price changes at least 30 days in advance. You can then cancel before they take effect.
• A free account granted by us may be converted to a paid plan or ended with 30 days' notice.

Recommending Modudek: whoever brings in a new client via their personal link, and that new client, each receive a credit of one month of their own plan on their next invoices after the new client's first paid invoice. Maximum 12 free months per year for the referrer; not for your own business or a second account. The credit is not paid out.

4. Term and cancellation

A monthly subscription can be cancelled each month, effective at the end of the current month. A yearly subscription runs until the end of the paid year; periods already paid are not refunded.

After the subscription ends, you can still request your data for 3 months. After that it is deleted, except what we are legally required to keep.

5. Availability, maintenance and other services

We do our best to keep Modudek available and working well at all times. This is a best-efforts obligation: we do not guarantee uninterrupted or error-free operation.

We carry out planned maintenance outside office hours as much as possible. In the event of a major outage, we keep you informed by email.

Modudek relies on specialised providers, for example for hosting, database, email, payments, AI and domain names (see the data processing agreement). The internet and your own devices and connection also play a role. An outage at any of them is beyond our control; we do, however, do what is reasonable to limit the consequences.

6. Security and backups

We take appropriate measures to secure Modudek and your data, such as encrypted connections, mandatory two-step verification, separated access per customer, a firewall and database backups at our database provider.

No system is completely invulnerable. If a breach or data leak does occur, we notify you as soon as possible and help resolve it, as described in the data processing agreement.

In addition, regularly keep your own copy of your most important data. You can do this with the "Create full backup" button in Settings.

7. Force majeure

We are not liable if we fail to meet our obligations, or meet them late, because of circumstances we cannot reasonably prevent. For example: cyberattacks (such as a DDoS attack) despite reasonable security, outages at our providers or at internet and power suppliers, fire, natural disasters, epidemics, war or government measures.

8. Acceptable use

You do not use Modudek to sell, say or distribute anything that is against the law. This applies to everything: texts, photos, videos, emails, newsletters, chat messages, the web shop and websites. Not permitted include:

• products or services that are prohibited or require a licence you do not have (e.g. drugs, weapons, counterfeits, stolen goods, unauthorised medicines);
• content that discriminates, incites hatred or violence, threatens, defames or harasses anyone;
• images of people without their consent, and texts or images you do not hold the rights to (copyright, trademarks);
• misleading advertising, fake reviews, fraud or phishing;
• emails to people who have not given consent or a valid reason (spam);
• sexual content involving minors or any other criminal content;
• attempts to hack, overload or misuse Modudek or other systems.

If we notice something illegal or receive a report about it, we may take that content offline, suspend the web shop or sending, or suspend the account. Usually we notify you first; in serious cases we act immediately. Where the law requires it, we pass data on to the competent authorities.

Anyone who sees illegal content on a website made with Modudek can report it to info@modudek.be, with the link and a short explanation.

9. What the customer does

• Keep login details secret, give access only to trusted people and notify us immediately of any misuse.
• Provide correct business details and keep them up to date.
• Take care of the legal obligations of their own business, website and web shop: mandatory information (such as the company number), correct prices, consumer rights (such as the right of withdrawal), the privacy policy and cookies of their website, and consent for the emails they send.
• Use the data of their end customers only as the law permits (see the data processing agreement).

10. Website, web shop and payments of end customers

With Modudek you can use a web shop or payment form. Payments from your end customers go through your own Stripe account. The sale takes place between you and your end customer: we are not a party to it. Deliveries, refunds, warranties and disputes with end customers are your responsibility.

11. Domain names

A domain name you request through Modudek is registered in the name of your business, via our registrar (Hostinger), under the rules of the registry for the extension (such as DNS Belgium for .be).

We renew the domain name as long as your subscription runs and the yearly price is paid. If you want to move to another registrar, we provide the transfer code. If payment stops, the domain name may expire; we notify you in advance.

We cannot guarantee that a desired name is or remains available, and we are not responsible for decisions of a registry or for disputes over trademark rights in a name you choose.

If you add a mailbox to your domain name (€36 per year excl. VAT), we create it at Hostinger Mail. You choose the password yourself; we don't store it and don't read your mail. The mailbox renews every year as long as your domain name runs through Modudek. If the domain name ends or you stop the mailbox, it expires together with the mail in it: save your mail in time.

12. Email

Modudek sends emails on your behalf (confirmations, invoices, follow-up emails, newsletters) and can send emails from your own domain or forward email received on your own domain. We do our best for good delivery, but cannot guarantee that every email arrives or is not treated as spam: that also depends on the recipient.

To prevent misuse, limits apply, such as a maximum number of forwarded emails per day. We do not keep forwarded emails.

13. Personal data

For the personal data of your end customers, you are the controller and we are the processor. The agreements on this are set out in our data processing agreement (modudek.be/en/dpa), which forms part of these terms.

How we handle the data of our own customers and website visitors is explained in the privacy policy.

14. Liability

• Our liability is limited to direct damage and, per year, to the amount the customer paid for the service in the last 12 months. For a free account it is limited to €100.
• We are not liable for indirect damage, such as lost profit, lost revenue, lost customers or reputational damage.
• In the event of data loss, our obligation is limited to restoring the latest available backup.
• We are not liable for damage caused by force majeure (article 7), by outages at providers we have no control over, by content or actions of the customer or its users, or by AI suggestions the customer used without review.
• Report a problem as soon as possible, and at the latest within 30 days after discovering it, so we can fix it and limit further damage.
• These limitations do not apply in case of intent or gross negligence on our part, nor where the law does not permit them.

15. Indemnification

If Modudek is held liable by an authority or a third party (such as an end customer or a rights holder) because of content the customer posted or a breach by the customer of the law or of these terms, the customer compensates us for the damage and reasonable costs, including legal fees.

16. Intellectual property

The customer remains the owner of their content (texts, photos, customer data). They give us the right to use that content as far as necessary to provide the service, for example to display their website. The software, brand and design of Modudek remain ours.

Through Modudek you can choose free stock photos from Pixabay. These fall under the Pixabay licence (pixabay.com/service/license-summary). Neither Pixabay nor we guarantee that people, brands or buildings in those photos gave permission. The customer chooses the photos and is responsible for how they are used: not in a negative or misleading context, not as a logo or brand and not resold unedited.

17. Suspension and termination by us

We may suspend an account or end the agreement in case of a serious or repeated breach of these terms, non-payment after a reminder, or if a court or authority requires it. Except in serious cases, you first receive a notice and a reasonable period to put things right.

18. Partners (agencies and accountants)

A partner is an agency, freelancer or accountant working with a partner account for Modudek clients. A partner only gets access to a client if that client accepts, or if the partner creates the client itself with the client's consent. The client remains the owner of its workspace and data and can always withdraw a partner's access.

The partner acts on behalf of the client. It uses the client's data only for that client's assignment, complies with these terms and the data processing agreement, and ensures its team members do the same. Whatever a partner changes in a workspace is kept with its name in the client's log.

For a client who pays themselves, the partner receives a commission on that client's paid subscriptions (excl. VAT), at the percentage shown in its partner overview, for as long as the client is linked to the partner. Setup fees and one-off items do not count; refunds are deducted. We pay out monthly after the partner has sent an invoice or credit note. We may change the percentage for the future with 30 days' notice.

A partner may also choose to pay for a new client itself. It then pays a monthly partner price (25% discount for 1 to 9 such clients, 30% for 10 to 29, 35% from 30) and bills its client itself. If the partner does not pay within 14 days, we may pause those clients until payment. If the client withdraws the partner's access, the client pays itself at the regular price from then on.

A partner does not create or link clients without their consent and does not give the impression of being Modudek itself. In case of abuse we may suspend or terminate a partner account; the clients' workspaces simply remain.

19. Changes

We may change these terms. We announce important changes at least 30 days in advance by email, and you accept the new version at your next sign-in. If you do not agree, you can cancel before the new version takes effect.

20. Applicable law and final provisions

These terms are governed by Belgian law. Disputes go to the courts of het arrondissement Limburg (ondernemingsrechtbank Antwerpen, afdeling Hasselt). We always try to find a solution together first: email info@modudek.be.

If a provision is invalid, the rest remains in force and we replace it with a valid provision that comes as close as possible. The Dutch version of these terms prevails; translations are provided for convenience.