Acceptance of terms
Use of material
Unless otherwise specified, the materials and services on this website are for your personal and non-commercial use, and you may not copy, republish, frame, download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works from, transfer, or sell any information, software, products or services obtained from the website without the written permission from Moonlit. Moonlit do not grant any express or implied rights to use the materials.
Use of service
Use of Software and Data
UNLESS OTHERWISE EXPLICITLY STATED, THE MATERIALS ARE FURNISHED "AS IS," "AS AVAILABLE," AND WITH ALL FAULTS. MOONLIT MAKES, AND YOU RECEIVE, NO WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR IN ANY COMMUNICATION WITH YOU REGARDING THE MATERIALS. MOONLIT SPECIFICALLY DISCLAIMS ANY OTHER WARRANTY INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. MOONLIT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE MATERIALS ON THIS WEB SITE OR ANY WEB SITES LINKED TO THIS WEB SITE.
WITHOUT LIMITING THE FOREGOING, MOONLIT MAKES NO WARRANTY THAT (i) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, OR MATERIALS PURCHASED OR ACCESSIBLE BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE OBTAINED FROM OR USED THROUGH THE SITE, OR ANY DEFECTS IN THE SITE, ITS SERVICES, OR MATERIALS, WILL BE CORRECTED.
IN NO EVENT SHALL MOONLIT AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS WEBSITE, USE OR PERFORMANCE OF SOFTWARE, DOCUMENTS, MATERIALS, PUBLICATIONS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THE WEBSITE.
MOONLIT MAY MAKE CHANGES TO THE WEBSITE, INFORMATION, SOFTWARE, WEBSITE, DOCUMENTS, PUBLICATIONS, PRICES, TECHNICAL SPECIFICATIONS, PRODUCT OFFERINGS AND ANY OTHER INFORMATION AND MATERIALS ON THE WEBSITE AT ANY TIME AND WITHOUT NOTICE.
THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER USE OF ANY MATERIALS THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM SUCH ACTIVITIES.
Registering a Username and Keeping Your Account Active
You will need a username to use some Services. A username is a unique identifier selected or supplied by you or provided by us and is used to identify you on our Services.
To register a username and create an account, you must be at least 13 years of age unless the Service expressly indicates otherwise. You must give us true and accurate information about yourself and keep that information up to date.
You may be able to use an e-mail address or other online identifier provided to you by someone other than us as a username. You are responsible for maintaining security and control over any e-mail address or online identifier provided to us as a username. If you fail to maintain security or control over such an e-mail address or other online identifier, you are responsible for any consequences and may lose access to your personal information and any data stored on our Services. Also, we are not responsible for the release or loss of any information that is identified with that address or identifier.
Your username and account may be terminated if you do not sign on to a Service with your username at least once every 90 days. If you are registered for fee-based or term-specific Services, we will not terminate your username or account unless they are subject to being terminated for some other reason. In addition, an individual Service may require you to sign in and use the Service periodically to remain active on that Service. If you fail to remain active on a specific Service, we may deactivate your access and use of that Service.
After we terminate or deactivate your account for inactivity or any other reason, we have no obligation to retain, store, or provide you with any data, information, e-mail, or other content that you uploaded, stored, transferred, sent, mailed, received, forwarded, posted or otherwise provide to us (collectively “posted” or “post”) on the Services and may allow another user to register and use the username. We also have no obligation to remove any public data, content, or other information that you posted on a Service or to reactivate your account.
Using Our Services
To use our Services, you must:
a. Comply with applicable laws and regulations and not participate in, facilitate, or further illegal activities;
b. Immediately notify us if you learn of a security breach or other illegal activity on the Services;
c. Protect your username and password;
d. Not post content that contains explicit or graphic descriptions or accounts of sexual acts or is threatening, abusive, harassing, defamatory, libellous, deceptive, fraudulent, invasive of another’s privacy, or tortuous;
e. Not engage in an activity that is harmful to us or our customers, advertisers, affiliates, vendors, or anyone else;
f. Not use any automated process to access or use the Services or any process, whether automated or manual, to capture data or content from any Service for any reason; and
g. Not use any Service or any process to damage, disable, impair, or otherwise attack our Services or the networks connected to the Services.
To prevent violations and enforce this TOS and remediate any violations, we can take any technical, legal, and other actions that we deem, in our sole discretion, necessary and appropriate without notice to you.
You are responsible for obtaining at your own expense all equipment and services needed to access our Services. If you are accessing our Services by a mobile device, your wireless carrier may charge you fees for data, text messaging, and other wireless access or communications services. We do not guarantee that our mobile Services can be accessed through all wireless devices or service plans or are available in all geographical locations.
If you elect to store authentication information, such as a username and password, where others may access it, we are not responsible for any loss of personal data or other consequences if someone other than you uses that information to access our services. If you lose a device, such as a laptop, desktop, or smartphone, or a device is stolen containing your username and password, it is up to you to take all the steps necessary to protect yourself.
Fee-Based Services and Billing
We may offer fee-based Services. Our provision of those fee-based Services will be governed by the terms you agree to when you register for the fee-based Service and any terms in this TOS not inconsistent with those terms.
If you register for a fee-based Service, you must designate a payment method and provide us with accurate billing and payment information. All billing information, including payment method, must be kept up to date. We will bill you for all fee-based Services through the payment method that is associated with any of your fee-based Services. You agree to pay us for all charges incurred under your account, including all applicable taxes, fees, and surcharges. You authorize and direct us to charge your designated payment method for these charges or, if your designated payment method fails, to charge any other payment method you have on file with us. Further, you authorize and direct us to retain information about the payment method(s) associated with your account. If we do not receive payment from your designated payment method or any other payment method on file, you agree to pay all amounts due upon demand by us. We may charge for fee-based Services in advance and on a daily, monthly, yearly, lump sum, or other basis. We may, in our sole discretion, post charges to your payment method individually or aggregate charges for some or all of your fee-based Services with us.
Every time you use a fee-based Service, you reaffirm that (a) we are authorized to charge your designated payment method; (b) we may submit charges incurred under your account for payment; and (c) you will be responsible for such charges, even if your account is cancelled by you or terminated by us.
Any trial promotion for a fee-based Service (such as free trial time for a paid Internet access service) must be used within the specified time of the trial. You must cancel your account before the end of the trial period to avoid being charged a subscription fee. However, even during any free trial or other promotion, you will still be responsible for any purchases and surcharges incurred using your account and any sub- or linked-accounts. We reserve the right to limit you to one free trial or promotion of a fee-based Service and to prohibit the combining of free trials, promotions, and other offers. You can get information about billing or determine the status of your bill and the amounts of any Service by send an email at firstname.lastname@example.org or ring us at 0120-4271960. All charges are non-refundable unless provided otherwise in the terms you agree to when you register for a fee-based Service. We, in our sole discretion, may change or discontinue any or all aspects of a fee-based Service without notice, including access to support services, content and other products or services ancillary to the fee-based Service.
We may change our fees and billing methods at any time. We will provide you with notice of any change in your pricing at least thirty (30) days in advance. If you disagree with any proposed change, your sole remedy is to cancel your fee-based Service before the price change takes effect. Your continued use of or subscription to the Service after the price change takes effect constitutes your agreement to pay the new price for the Service. We will not refund any charges if you choose to cancel your account for this reason. After 30 days from the date of any unpaid charges, your fee-based Service will be deemed delinquent and we may terminate or suspend your account and fee-based Service for non-payment. We reserve the right to assess an additional 1.5 percent late charge (or the highest amount allowed by law, whichever is lower) per month if your payment is more than 30 days past due and to use any lawful means to collect any unpaid charges. You are liable for any fees, including attorney and collection fees, incurred by us in our efforts to collect any remaining balances from you.
You are responsible for all charges incurred under your account, including applicable taxes, fees, surcharges, and purchases made by you or anyone you allow to use your account (including your children, family, friends, or any other person with implied, actual, or apparent authority) or anyone who gains access to your account as a result of your failure to safeguard your username, password, or other authentication credentials or information.
You must notify us about any billing problems or discrepancies within 30 days after they first appear on your billing method statement. If you do not bring them to our attention within 30 days, you agree that you waive your right to dispute such problems or discrepancies.
You may cancel or we may terminate a fee-based Service at any time. You can cancel a fee-based Service by calling, or mailing a letter to our Customer Service Department. Cancellation will take effect within 3 business days of receipt of your request. We will send you written confirmation of the cancellation of a fee-based Service. If you cancel near the end of your billing period and are inadvertently charged for the next period’s fee, call us to have the charges reversed. If your fee-based Service is cancelled or terminated, any data you have stored on such Services may not be retrievable later.
In the event that your fee-based Service is terminated or cancelled, no online time or other credits will be credited to you or can be converted to cash or other form of reimbursement. Software License We grant you a personal, non-exclusive, non-transferable, limited license to install our software on any computer or device from which you wish to access our Services and to use the software to connect to and use our Services. We may provide automatic upgrades of our software and technology to improve your experience, although these upgrades may not be consistent across all platforms and devices. You agree to accept and to take no action to interfere with such automatic upgrades and related services. You may not copy our software except to install it on your computer or other devices. You may not sell the software or incorporate it (or any portion of it) into another product. You may not reverse engineer, decompile or disassemble the software or otherwise attempt to derive the source code (except where expressly permitted by law) or the communications protocol for accessing our Services. You may not modify, adapt or create derivative works from the software or remove proprietary notices in the software.
Disclaimer of Warranties and Limitations on Remedies and Liability
WE SUPPLY OUR SERVICES “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE.” WE DO NOT WARRANT OR GUARANTEE THAT ANY INFORMATION AVAILABLE USING OUR SERVICES IS ACCURATE OR RELIABLE OR YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR FREE FROM ERROR. WE, OUR SUPPLIERS, AND AUTHORIZED DISTRIBUTORS GIVE NO EXPRESS WARRANTIES OR GUARANTEES NOR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, AND NON-INFRINGMENT.
YOUR ONLY REMEDY FOR ANY DEFECTIVE SOFTWARE IS REPLACEMENT OF THE SOFTWARE. IN ANY OTHER DISPUTE WITH US, YOUR ONLY REMEDY IS TO STOP USING YOUR ACCOUNT AND CANCEL ANY FEE-BASED SERVICES. IN NO EVENT WILL OUR LIABILITY TO YOU EXCEED THE TOTAL AMOUNT OF SERVICE FEES PAID DURING A ONE-MONTH PERIOD.
WE, OUR SUPPLIERS, AND AUTHORIZED DISTRIBUTORS ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF THE SERVICES.
SOME STATES DO NOT ALLOW US TO LIMIT OUR LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES OR EXCLUDE CERTAIN WARRANTIES. IN THOSE STATES, MOONLIT’S LIABILITY AND WARRANTIES ARE LIMITED TO THE EXTENT PERMITTED BY LAW.
As a condition of your use of the website, you will not use the website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Services in any manner to disrupt or interfere with the security of, or otherwise cause harm to, the Site, or any Services, Materials, system resources, accounts, passwords, servers, or networks connected to or accessible through the Site or any affiliated or linked sites.
Indemnity and Liability
Links to Third Party Sites
Moonlit may provide links to third-party sites. Moonlit does not control the linked sites and Moonlit is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. Moonlit is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Moonlit of the site. If you decide to leave our web site and access these third-party sites, you do so at your own risk.
Notification of copyright infringement
Moonlit will investigate notices of copyright infringement and take appropriate actions. Moonlit's Copyright Agent for Notice of claims of copyright infringement can be reached as follows.
Notice of Legal Dispute
You must first try to resolve any formal complaint or dispute with us through our Notice of Legal Dispute process. You begin by submitting a “Notice of Legal Dispute” by Mail to:
Moonlit Technologies (P) Ltd.
Attention: Notice of Legal Dispute
A-67, Second floor, Sector-65, Noida, UP, India, Pin-211001
or sending us an email at email@example.com
A “Notice of Legal Dispute” is a written form in which you provide your name, address, contact information, your MOONLIT username, the facts regarding your Dispute, and the relief you are requesting from us. You and we will attempt to resolve any Dispute through informal negotiation within sixty (30) days from the date the Notice of Legal Dispute is received by a party. After sixty (30) days, you or we may initiate arbitration. You agree that the term “Dispute” in this TOS will have the broadest meaning possible. It applies to any dispute, action, or other controversy between you and us concerning the Services (including their price) or this TOS, whether in contract, warranty, tort, laws or regulation. The term also applies to any dispute over the validity, enforceability or scope of this arbitration provision.