A legal contract between You and MoonBack by RoXperience or MoonBack by RoXperience S.L. (hereinafter "MoonBack") is created by these Terms of Use (hereinafter "Terms").
The services provided by MoonBack and the related documentation (hereafter, "Service(s)") via this website from time to time are subject to your use of and access pursuant to these Terms. You certify that you are of legal age to agree and be bound by these Provisions and the terms in the Privacy Policy included herein by reference by clicking the accept button, accessing the Service, or using it.
Please refrain from accessing or using the Service if you do not agree to these terms.
License issuance
MoonBack hereby granted to you a non-exclusive, non-transferable, non-sublicensable right to access and use the Services for your business purposes exclusively ("License"), subject to the terms of these Terms and your payment of the Fees as described in Section 3 below.
Eligibility
You should be of legal age of majority, in the country in which you are creating your account, to access or use the Services. If you are a minor, your parents or legal guardians must accept these terms on your behalf and agree to be bound by them. By accepting these conditions, your parent consents to being held accountable for all of your account's acts and inactions.If you are setting up student accounts on behalf of students who are under the legal age, you agree to obtain parental consent. If you are representing an educational institution or using these Services for educational purposes, you are responsible for adhering to the children privacy laws in your state.
You accept these Terms on behalf of any corporation, organization, or other legal entity that you are representing, and you guarantee MoonBack that you are authorized to bind that entity to these Terms.
Revisions
The Terms may be changed at any moment by MoonBack. At case of significant changes to the Terms, you will be notified in your registered email address with at least 30 days advance notice of the changes made to the Terms. By using the Services after the new Terms take effect, you are indicating your acceptance of the terms as modified. If you do not agree to any changed Terms, you may cancel your use of the Services within 30 days of being notified of the modified Terms.Taxes, fees, and payments
Your credit card, which you submitted during the registration process, will be charged at the start of each month for the costs associated with accessing and using the Service. You are accountable for paying any sales, excise, VAT, and other taxes related to your use of the Services, with the exception of the taxes on MoonBack's net revenue.MoonBack may raise the prices at any time and periodically by giving you thirty (30) days' notice before charging your credit card.
Conditions for Using the Services
Along with the rest of the terms and conditions, you promise not to:deliver any service based on the Services without first obtaining express written consent from MoonBack;
other than for internal company purposes as specifically permitted herein, transmit the Services or otherwise make it accessible to any third party;
fraudulently suggest MoonBack's support or affiliation;
use the service(s) in any way that is illegal, including but not limited to violating someone's right to privacy;
without first getting permission from the person or entity concerned, publish any personal or private information belonging to such person or entity;
use the service(s) in a way that compromises or harms the performance or integrity of the service(s) and its parts;
try to access the source code of the Service(s) by deciphering, decompiling, reverse engineering, disassembling, reproducing, or copying;
use the service(s) with the intent to post, transmit, upload, link to, send, or keep any content that is racially, ethnically, or otherwise discriminatorily or unlawfully offensive;
Individual Details
You are in charge of keeping secret your username, password, and any other private information you provide MoonBack while registering for the Services. You undertake to notify MoonBack through email at support@moonback.me immediately of any unauthorized use of your user account. You are responsible for any activities that take place in your user account. MoonBack disclaims all liability for any loss or harm you or a third party may suffer as a result of an unauthorized user accessing and/or using your user account or for any other reason.MoonBack will use whatever information it gathers about you to provide you with the Services. Additionally, MoonBack will use and safeguard your information in accordance with the terms of its Privacy Policy, which is implicitly integrated into these Terms.
MoonBack will not knowingly gather, use, or process any personal information of children under the age of majority, with the exception of what is specified in Section 2 of these Terms.
Data Gathering, Use, and Transfer
MoonBack gathers your personal information when you register for the Services. Personal data refers to and encompasses all information that can be used to identify a person, including information that indicates the identity of the person to whom it belongs.MoonBack will regard all of your personal information as confidential and will only use it with your permission in order to deliver the Services. By allowing MoonBack to use your personal information, you agree to have your data processed on servers outside of your country of residence.
Your personal information won't be given to other parties without your express authorization, with the exception of the situations described in MoonBack's Privacy Policy.
MoonBack occasionally works with other businesses to offer the Services. The other firm will also receive the information gathered by MoonBack in connection with this service and solely to the extent necessary for providing its services if you register for or use a service of this nature. The aforementioned businesses promise to protect the privacy of the data transferred. It shall be expressly forbidden for these other businesses to use your information for any other reasons.
Additionally, as part of the execution of these Terms, your data might be given to a service provider for the purpose of processing payments.
Additionally, MoonBack has the right to disclose personal data, including message content, for the following reasons:
in reaction to complaints or legal actions, to fulfill legislative requirements,
to safeguard the property or legal rights of MoonBack and its clients, including through the enforcement of contracts or rules on the use of the services,
to take appropriate action based on a reasonable belief that doing so is required to safeguard MoonBack staff members, clients, or the broader public.
Prohibited Material
All movies that you upload using your account are your own property (the "Content"). By doing this, you promise not to post any Content that would go beyond the limitations in Section 5 of these Terms. MoonBack reserves the right to look into and take appropriate action against anyone who disobeys the terms of this agreement, which may include removing the offending Content without prior notice, terminating or suspending the user's account or access to the Services, and/or reporting the offending Content or activities to the appropriate law enforcement authorities.Information Ownership
You hereby grant MoonBack a perpetual, non-exclusive, transferable, and worldwide license (with the right to sublicense) to (a) use, copy, publish, stream, store, retain, publicly perform or display, transmit, scan, reformat, modify, edit, frame, translate, excerpt, adapt, and distribute (through multiple tiers), the content, solely for the purpose of providing the Services to you. You do not provide MoonBack any ownership rights to the content you generate, other than the one that is specifically granted to MoonBack in this agreement. When you use the Services to generate or store content, MoonBack respects your ownership rights in that content.Any content you produce using the Services may be transmitted or published. However, the repercussions of such content's transmission or publication fall completely under your purview. You are in charge of making sure that you don't unintentionally reveal any sensitive information to the public. You agree not to use, copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any content that you may receive from other users of the Services for any reason without the express written consent of the person who owns the rights to such content. Any content that you may receive from other users of the Services is provided to you AS IS for your information and personal use only. You agree not to remove any copyright notices or disable any copy protection features if, while using the Services, you encounter any content with either throughout the course of doing so.
Intellectual property rights and ownership
MoonBack is simply offering License to use the Services in accordance with these terms and conditions; it is not selling anything. MoonBack is the only owner of all intellectual property rights, including all copyrights, trade secrets, trademarks, and other proprietary rights, in and to the Service.Using a name or logo
You hereby grant MoonBack permission to use your entity's trade name, trademark, or service mark, whether registered or unregistered, in MoonBack's marketing, sales, or other publicly available materials solely to identify you as a user of MoonBack's Services when you sign up for or access the Services on behalf of an entity. If you have any reservations about allowing MoonBack this right to use your information, you may email us at privacy@moonback.me.Except as specifically provided herein, neither party may utilize the trade names or trademarks of the other party without the owner's prior written consent.
Confidentiality
You recognize and accept that these Terms and the Service contain confidential information owned by MoonBack. You certify that you will treat the sensitive information with at least the same level of care that you use to protect the privacy of your own most private information. Despite the aforementioned, if you are forced to divulge Confidential Information by a legitimate court order or other governmental agency, you may do so as long as you first give MoonBack prompt notice so that MoonBack has the chance to seek protection from such order of disclosure.Indemnification
You consent to defend, indemnify, and hold harmless MoonBack, its officers, directors, employees, and affiliates from and against any losses, damages, penalties, and costs (including legal fees and costs) resulting from or connected with any claims made by a third party against MoonBack asserting that I your use of the Services or your data stored using the Services is against these Terms or violates or is an infringement of or misappropriation of such third party's intellectual property rights.Disclaimer of Warranties
APART FROM WHAT IS EXPRESSLY PROVIDED IN THESE TERMS, MoonBack PROVIDES THE SERVICES (INCLUDING ANY WRITTEN MATERIALS) AND ANY SUPPORT AS PART OF YOUR SUBSCRIPTION TO THE SERVICES "AS IS" WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR MoonBack DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, OR THAT THE SERVER(S) THAT MAKE(S) THE SERVICE AVAILABLE, IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING.Restrictions on Liability
NEITHER PARTY SHALL BE LIABLE TO THE OTHER OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES UNDER ANY CIRCUMSTANCES OR UNDER ANY LEGAL THEORY, WHETHER TORT, CONTRACT, PRODUCT LIABILITY, NEGLIGENCE, OR OTHERWISE. MoonBack SHALL NOT BE LIABLE FOR ANY LOSS ARISING FROM YOUR USE OR INABILITY TO USE THE SERVICES EXCEPT AS PROVIDED IN THESE TERMS, EVEN IF MoonBack SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS. AMOUNTS PAID BY YOU TO MoonBack IN THE TWELVE (12) MONTHS PRIOR TO THE INITIATION OF ANY CLAIM OR ACTION WILL NEVER BE MORE THAN MoonBack'S TOTAL AGGREGATE LIABILITY TO YOU FOR ANY CLAIMS OR ACTIONS ARISING HEREUNDER.Termination
Under the following conditions, MoonBack may suspend or cancel your subscription to the Services without giving you prior notice:If you violate any of these terms and don't make amends within 30 days of being notified,
If MoonBack learns that you have been sending data in an unauthorized manner.
You are free to stop using the Services at any time by canceling your membership. Additionally, if MoonBack violates its commitments under these Terms, you have the option of canceling your subscription.
Termination Effects:
You must stop using or gaining access to the Services after termination. Upon your request, MoonBack will return any data you have posted via the Services and totally remove any personal information it has on you from when you signed up for the Services.
Survival:
The provisions of Sections 4, 5, 6, 7, 8, 9, 10, 12, 13, 14, and 15 of these Terms will continue to apply even if your subscription to the Services is terminated or expires.
Injunctive Relief
You acknowledge that a violation of Section 12 of these Terms will cause MoonBack irreparable harm and injury, leaving MoonBack with insufficient compensation for losses. As a result, in addition to any other legal remedies, MoonBack may seek and win injunctive relief against your violation or threatened breach. Furthermore, you acknowledge and concur that the scope and form of this provision are reasonable and that it is required to safeguard MoonBack's legitimate business interests.Relation between the Parties
MoonBack and You shall each operate as and have the status of being independent contractors of the other party in carrying out any and/or all of MoonBack's respective obligations under this License. Neither party shall act as the other party's agent or employee.Law that governs and dispute resolution
Without respect to its rules on conflicts of law, the laws of the State of Delaware shall govern these Terms. For the purpose of resolving any dispute relating to these Terms or access to or use of the Service by you, your affiliates, agents, or end-users, you hereby expressly consent to submit to the exclusive jurisdiction of the federal and state courts in the State of Delaware, New Castle County.Arbitration in New Castle, Delaware, conducted before three arbitrators, shall be used to resolve any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of these Terms to arbitrate. JAMS will handle the arbitration in accordance with its Comprehensive Arbitration Rules and Procedures and in accordance with those Rules' Expedited Procedures. Any court with jurisdiction may enter judgment based on the Award. This paragraph does not prevent parties from asking a court with the right jurisdiction for temporary relief to support arbitration.
Non-MoonBack Services or Third-Party Services
When a customer chooses to integrate, link, or utilize a MoonBack service with another service that is not directly offered by MoonBack, the customer is giving MoonBack permission to work with the other service and exchange customer data and content with it as needed.If the customer uses a third-party service: I the customer guarantees that any customer content they upload or make public using MoonBack's services will adhere to the applicable third-party terms of use, such as those for YouTube and Google Classroom. MoonBack Services, for instance, use the API to upload content to non-MoonBack services like YouTube and Google. Please refer to the Google Privacy Statement and their Terms of Service (ToS). Click the Security Setting tab to view the apps that have access to your Google Account, as currently implemented and as periodically updated; (ii) Customer is solely responsible for the Non-MoonBack Services and any disclosure, alteration, or deletion of Customer Data made by the Non-MoonBack Services; (iii) MoonBack does not guarantee or support Non-MoonBack Services; In addition, (iv) MoonBack shall not be liable for any failure of the Non-MoonBack Services to be available or for any alteration in MoonBack's ability to interact with the Third Party Services, and Customer shall not be released from any obligations under the Agreement or entitled to any refund, credit, or other compensation.
