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:
- Create and organize visual moodboards
- Capture images and videos from websites using our Chrome extension
- Store and manage creative content
- Collaborate on projects
- Share moodboards with others
3. Eligibility
You must be at least 13 years old to use Moodable. By using the Service, you represent and warrant that:
- You are at least 13 years of age
- You have the legal capacity to enter into these Terms
- You will use the Service in compliance with all applicable laws
- All information you provide is accurate and complete
4. Account Registration
4.1 Account Creation
To use certain features of Moodable, you must create an account. You agree to:
- Provide accurate and complete registration information
- Maintain and update your information as needed
- Keep your password secure and confidential
- Notify us immediately of any unauthorized access
- Accept responsibility for all activities under your account
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:
- Pay the subscription fees as described on our pricing page
- Provide accurate payment information
- Authorize recurring billing until you cancel
- Accept that subscriptions auto-renew unless canceled
5.3 Billing and Renewal
- Subscriptions are billed in advance on a monthly or annual basis
- Your subscription will automatically renew unless canceled before the renewal date
- We reserve the right to change subscription prices with 30 days notice
- Price changes will not affect your current billing cycle
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:
- Creating personal or professional moodboards
- Capturing and organizing visual content
- Collaborating on creative projects
- Sharing your work with others
6.2 Prohibited Use
You may NOT use Moodable to:
- Violate any laws or regulations
- Infringe on intellectual property rights
- Upload malicious code, viruses, or malware
- Harass, abuse, or harm others
- Spam or send unsolicited communications
- Impersonate others or misrepresent your identity
- Scrape, crawl, or systematically extract data
- Attempt to gain unauthorized access to our systems
- Interfere with or disrupt the Service
- Upload illegal, obscene, or offensive content
- Use the Service for any commercial purpose without permission
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:
- Store and display your content on the platform
- Process and optimize your content for performance
- Enable sharing features you choose to use
- Create backups and ensure service reliability
7.2 Content Responsibility
You are solely responsible for Your Content and must ensure that:
- You have the right to upload and share it
- It does not violate any laws or third-party rights
- It complies with our Acceptable Use Policy
- It does not contain malicious code or harmful content
7.3 Copyright and Intellectual Property
When using our Chrome extension to capture content from websites:
- You must respect copyright and intellectual property rights
- Captured content should be for personal reference and inspiration
- We are not responsible for copyright infringement by users
- We may remove content in response to valid DMCA takedown notices
7.4 Moodable's IP
All intellectual property in the Service, including code, design, logos, and trademarks, belongs to Moodable. You may not:
- Copy, modify, or reverse engineer our platform
- Use our trademarks without permission
- Create derivative works based on our Service
8. Content Moderation and Removal
8.1 Our Rights
We reserve the right to:
- Monitor content for compliance with these Terms
- Remove or disable access to content that violates our policies
- Suspend or terminate accounts that violate these Terms
- Report illegal activity to law enforcement
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:
- Identification of the copyrighted work
- Location of the infringing content
- Your contact information
- A statement of good faith belief
- A statement under penalty of perjury
- Your physical or electronic signature
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:
- Your subscription will not renew
- You retain access until the end of your billing period
- Your account will downgrade to the free plan
- Your content remains accessible on the free plan
10.2 Termination by Us
We may suspend or terminate your account if:
- You violate these Terms
- Your use poses a security risk
- Your account has been inactive for an extended period
- We are required to do so by law
10.3 Effect of Termination
Upon termination:
- Your access to the Service will be immediately revoked
- You may request a data export within 30 days
- We may delete your content after 30 days
- Outstanding payments remain due
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:
- Warranties of merchantability or fitness for a particular purpose
- Warranties of non-infringement
- Warranties regarding service availability or reliability
11.2 Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, MOODABLE SHALL NOT BE LIABLE FOR:
- Indirect, incidental, or consequential damages
- Loss of profits, data, or business opportunities
- Service interruptions or errors
- Actions or content of other users
- Unauthorized access to or alteration of your content
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:
- Your use of the Service
- Your violation of these Terms
- Your violation of any rights of another party
- Your Content
13. Changes to Terms
We may modify these Terms at any time. When we do:
- We will update the "Last Updated" date
- We will notify you via email or platform notification
- Continued use of the Service constitutes acceptance of new Terms
- If you disagree with changes, you may cancel your account
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:
- General Inquiries: [email protected]
- Legal: [email protected]
- DMCA: [email protected]
- Website: www.moodable.ai
19. Acknowledgment
BY USING MOODABLE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.