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Terms & Conditions

Last Updated: December 3, 2024

1. Agreement to Terms

By accessing or using Moodable ("Service," "Platform," "we," "our," or "us"), you agree to be bound by these Terms and Conditions ("Terms"). If you do not agree to these Terms, you may not access or use the Service.

2. Description of Service

Moodable is a visual moodboard platform that allows users to:

3. Eligibility

You must be at least 13 years old to use Moodable. By using the Service, you represent and warrant that:

4. Account Registration

4.1 Account Creation

To use certain features of Moodable, you must create an account. You agree to:

4.2 Account Security

You are responsible for maintaining the security of your account. We are not liable for any loss or damage arising from your failure to maintain account security.

5. Subscription Plans and Payments

5.1 Free Plan

We offer a free plan with basic features. Free accounts are subject to certain limitations and may include fewer features than paid plans.

5.2 Paid Subscriptions

Paid subscriptions provide access to premium features. By subscribing, you agree to:

5.3 Billing and Renewal

5.4 Payment Processing

Payments are processed through Stripe. By providing payment information, you agree to Stripe's terms of service.

6. Acceptable Use Policy

6.1 Permitted Use

You may use Moodable for lawful purposes only, including:

6.2 Prohibited Use

You may NOT use Moodable to:

7. Content Ownership and Rights

7.1 Your Content

You retain ownership of all content you upload to Moodable ("Your Content"). By uploading content, you grant us a license to:

7.2 Content Responsibility

You are solely responsible for Your Content and must ensure that:

7.3 Copyright and Intellectual Property

When using our Chrome extension to capture content from websites:

7.4 Moodable's IP

All intellectual property in the Service, including code, design, logos, and trademarks, belongs to Moodable. You may not:

8. Content Moderation and Removal

8.1 Our Rights

We reserve the right to:

8.2 DMCA Compliance

We comply with the Digital Millennium Copyright Act. If you believe your copyright has been infringed, contact us at [email protected] with:

9. Privacy and Data Protection

Your use of Moodable is also governed by our Privacy Policy. By using the Service, you consent to our collection and use of personal information as described in the Privacy Policy.

10. Termination

10.1 Termination by You

You may cancel your account at any time through your account settings. Upon cancellation:

10.2 Termination by Us

We may suspend or terminate your account if:

10.3 Effect of Termination

Upon termination:

11. Disclaimers and Limitations of Liability

11.1 Service "As Is"

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

11.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MOODABLE SHALL NOT BE LIABLE FOR:

OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE PAST 12 MONTHS OR $100, WHICHEVER IS GREATER.

11.3 No Guarantee of Uptime

While we strive for reliability, we do not guarantee uninterrupted or error-free service. We may perform maintenance or experience outages without notice.

12. Indemnification

You agree to indemnify and hold harmless Moodable, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

13. Changes to Terms

We may modify these Terms at any time. When we do:

14. Dispute Resolution

14.1 Informal Resolution

Before filing a claim, please contact us at [email protected] to resolve the issue informally.

14.2 Arbitration

Any disputes that cannot be resolved informally shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.

14.3 Class Action Waiver

You agree to resolve disputes individually and waive your right to participate in class actions or class arbitrations.

15. Governing Law

These Terms are governed by the laws of the jurisdiction in which Moodable operates, without regard to conflict of law principles.

16. Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

17. Entire Agreement

These Terms, together with our Privacy Policy and Refund Policy, constitute the entire agreement between you and Moodable regarding your use of the Service.

18. Contact Information

For questions about these Terms, please contact us:

19. Acknowledgment

BY USING MOODABLE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.