These Terms of Service (Terms) constitute an agreement between Vidyamantra Edusystems Pvt Ltd (hereinafter "MooDIY", "We", "Us", or "Our") and the user, whether an individual or entity (hereinafter "You" or "Your"). Collectively, MooDIY and You shall be referred to as the "Parties" or individually as a "Party". These Terms govern Your access to and use of Our cloud hosting services provided by Our websites, including but not limited to moodiycloud.com (collectively referred to as MooDIYCloud Services or "Website").
ACCEPTANCE
- By accessing or using MooDIY Services, you agree to these Terms. If you disagree, notify us and stop using the Services immediately. When agreeing on behalf of an organization, you warrant your authority to bind that organization.
- You are responsible for all Users accessing MooDIY Services under your authority and ensuring these Users comply with these Terms.
- We may amend these Terms periodically. Amendments will be published at moodiycloud.com, and we will notify you. Your continued use of MooDIY Services 28 days after such notice constitutes acceptance of the amended Terms, unless specified otherwise.
OTHER TERMS AND CONDITION
- These Terms incorporate our Privacy Notice, Cookies Policy, and Data Processing Agreement as published at https://moodiycloud.com.
- Your Users must agree to our Terms of Service and the aforementioned policies.
- If you opt to use Third Party Products offered with MooDIY Services, their respective terms of service may also apply to you.
SERVICES
- MooDIY Services are accessible via the Website on any supporting Device. Support is provided only for recommended browsers.
- A free lifetime service is available for up to 50 users. Additional features and functionalities are offered through paid packages with applicable fees. Third Party Products may incur extra charges as detailed on the Website.
- Access requires completion of the signup form.
- Your MooDIY Services allow you to:
- Manage billing and service amendments.
- Purchase Third Party Products.
- Delete or export your MooDIY site(s).
- Monitor User and storage space usage.
- Contact Vidyamantra Edusystems Team for services.
- You may also assign and manage User access to your MooDIY site(s).
- Your chosen plan determines the allocated number of Users and storage space for your MooDIY site.
- While we strive to maintain Third Party Products, Vidyamantra Edusystems is not responsible for their quality, reliability, or potential failures.
DATA
- Your Data including your Users’ data may be processed and stored on servers outside your country.
- We will use Data solely for support, training, service provision, and improvement purposes.
- You warrant that all uploaded Data is either:
- Your exclusive property, or
- You have secured all necessary rights and authorizations for its use.
- You grant Vidyamantra Edusystems a license to use, copy, transmit, store, process, and back up your Data, account information, Intellectual Property Rights and other related information:
- For providing MooDIY Services and fulfilling our obligations.
- For research and development to improve MooDIY Services.
- You are responsible for maintaining Data backups. We employ industry-standard practices to prevent Data loss but cannot guarantee against it due to our use of third-party cloud services.
- For Third Party Products purchased by you, we may allow Data access for interoperability. We're not liable for any resulting Data disclosure, modification, or deletion by third parties.
- You acknowledge and agree that:
- We're not responsible for Data corruption or loss.
- You must comply with all applicable laws regarding Data use and disclosure.
- We employ reasonable security measures, including encryption and firewalls, for Data transmission, consistent with cloud service industry standards.
AVAILABILITY MooDIY SERVICES
- We do not guarantee uninterrupted access to MooDIY Services or Your Data. Service interruptions may occur due to maintenance or development activities.
- When feasible, we will provide advance notice of any maintenance or development activity via email and on our Website.
SUPPORT
- Limited technical support may be provided as described on the Website. We will make reasonable efforts to respond to support requests in a timely manner.
- For specialized or customized support needs, we may suggest upgrading to our Enterprise Plan.
PAYMENT
- For paid packages, requisite Fees must be paid in advance via the payment methods provided by Us to access MooDIY Services.
- If using Third Party Products with associated Fees, You agree to pay these as required by the Third Party.
- Automatic renewal: Your payment method will be debited to renew MooDIY Services unless You provide written cancellation notice at least 30 days in advance.
- Payment is due upon invoice. If payment is declined, We will attempt to retry for 10 days. Failure to pay within this period may result in suspension or deletion of Your MooDIY Services at Our discretion.
- All amounts exclude VAT or GST unless stated otherwise. Applicable VAT or GST will be specified and charged.
CANCELLATION OF MooDIY SERVICES
- You may cancel MooDIY Services or Third Party Products at any time. Access will continue until the end of the current billing cycle, at which point automatic payments will cease.
- You are responsible for retrieving all relevant Data from Your MooDIY Site(s) before termination.
- We may immediately terminate MooDIY Services if:
- You breach these Terms and fail to remedy within 7 days of notice, if remediable.
- We deem the request for MooDIY Services inappropriate, improper, or unlawful.
- We believe You are insolvent or unable to pay Your debts, or
- A Force Majeure event occurs as per clause 24.
- Upon termination, We may retain certain Data as legally or regulatorily required.
REFUND POLICY
- Refunds of Fees may be provided on a case-by-case basis at Our sole discretion, including for extended unavailability of MooDIY Services.
- Cancellations, exchanges, or refunds for Third Party Products are solely between You and the relevant third party.
USER OBLIGATIONS
- You warrant all information provided to Vidyamantra Edusystems is true, accurate, and complete.
- You acknowledge and agree You are responsible for usage by Users of MooDIY Services and agree that:
- Usage is at Your own risk.
- To keep usernames and passwords secure.
- To notify Us immediately of unauthorized access or security breaches.
- Service reliability depends on Your chosen web-browser, internet connection, and device settings.
- To determine if MooDIY Services meet Your needs.
- To obtain necessary consents, licenses, and permissions at Your cost.
- To cooperate with Our reasonable requests for information or access.
- You acknowledge and agree:
- Users are authorized to access and input Data.
- To ensure Users comply with these Terms.
- MooDIY Services may include Third Party Products subject to additional terms.
- Regarding third-party usage:
- You are responsible for ensuring Your right to use the Services for third parties.
- We do not warrant fitness for third-party purposes.
- You control Data access authorization.
- You will indemnify Us against claims arising from Data access decisions.
- You are solely responsible for legal compliance, including data storage and access laws applicable to You.
- Users must maintain their own data safeguards and backup processes.
PROHIBITED USE
- You agree that You and each User will not:
- Circumvent or disable Website features.
- Modify, copy, or reproduce the Website beyond necessary use as represented by Us to You.
- Distribute or transfer MooDIY Services without Our permission.
- Remove or alter proprietary displays or notices.
- Aid in violating third-party Intellectual Property Rights.
- Interfere with Our rights to MooDIY Services.
- Upload third-party products or plugins, except through the approved external tool feature.
- Undermine security or integrity of MooDIY Services or hosting systems including those of third parties.
- Attempt unauthorized access to materials.
- Transmit harmful files or illegal content.
- You must not, and You must ensure each User does not, post, upload, publish, submit or transmit any content:
- Infringing third-party rights.
- False or misleading information.
- Content denigrating Moodle or MooDIY Services.
- Law-violating or liability-inducing content.
- Defamatory, obscene, or discriminatory material.
- Violent or threatening content.
- Content promoting illegal activities.
- Content displayed through the Website remains property of its owner. These Terms do not extend rights to content You don't own.
- Breaching these terms may result in suspension or termination of Your MooDIY Services access by Us.
INTELLECTUAL PROPERTY
- Intellectual Property Rights encompass all global intellectual and industrial property rights, present and future, registered or unregistered, including copyright, patent rights, trademarks, designs, circuit layouts, trade secrets, business names, and domain names.
- We retain ownership of all Intellectual Property Rights in MooDIY Services and documentation created by us. Your use is subject to these Terms.
- We grant You a personal, non-exclusive, non-transferable, limited, revocable license to use MooDIY Services under these Terms.
- You retain Intellectual Property Rights in Your inputted Data, but access depends on ongoing Fee payment.
- You grant Us a license to use, copy, transmit, store, and back-up Your information and Data for providing MooDIY Services and fulfilling Our obligations under these Terms.
DISPUTE RESOLUTION
- Provide feedback via the contact form on the Website.
- Dispute resolution procedure:
- Complainant must submit a written Dispute Notice within 28 days of the issue arising.
- Parties agree to meet in good faith within 28 days of the Dispute Notice to resolve the issue.
- If unresolved within 60 days, either Party may pursue the matter at their discretion.
- Dispute resolution attempts are without prejudice to other rights or entitlements under these Terms, law, or equity.
LIMITATION OF LIABILITY AND DISCLAIMERS
- You acknowledge that while We will take reasonable steps to ensure that the MooDIY Services will be fit and available for the purposes as advertised, We do not guarantee MooDIY Services will:
- Meet all Your specific requirements.
- Work in each of Your desired use cases.
- Execute on all operating systems.
- Third-party services, including hosting, are provided without warranties.
- Uninterrupted or error-free use is not guaranteed Third-party dependencies and Internet can be unpredictable occasionally limiting Your use of the MooDIY Services.
- You assume all risks from using MooDIY Services. We are not liable for damages to Your systems or for delays or inaccuracies.
- To the maximum extent permitted by law, We disclaim all warranties, express or implied, including, without limitation, any implied warranties of merchantability, fitness for a particular purpose and non-infringement of third party intellectual property rights or lack of viruses, for the MooDIY Services. In no event will We be liable for any consequential, incidental, indirect, special, punitive, or other damages whatsoever arising out of these Terms, the use of or inability to use the MooDIY Services or Website, even if We were advised of the possibility of such damages.
- You acknowledge that We may pursue any available equitable or other remedy against You as a result of a breach by You of any provision of these Terms.
- Our liability for breach of any obligations under these Terms, or breach of any warranty implied by law, will be limited, to the extent permitted by law, to the total price paid by You for the MooDIY Services. Our total liability to You for all damages in connection with the MooDIY Services will not exceed the price paid by You under these Terms for the 12 months period prior to the act which gave rise to the liability. The foregoing limitations, exclusions and disclaimers will apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.
- You acknowledge and agree that We will not be liable for any non-compensatory damages including punitive, aggravated, multiple, exemplary, liquidated or any other non-compensatory damages or the consequences of non-payment.
INDEMNITY
- Customer Indemnity: You agree to indemnify, defend, and hold harmless Vidyamantra Edusystems, its parent company, affiliates, subsidiaries, their representatives and personnel against all third-party claims, damages, losses, liabilities, and expenses arising from Your breach of this Agreement.
- Our Indemnity: We agree to indemnify, defend, and hold You harmless against third-party claims, damages, losses, liabilities, and expenses arising from allegations that our Services infringe third-party intellectual property rights.
NOTICE
- Any notice required or permitted under these Terms will be sent to the email address You provided.
FORCE MAJEURE
- If performance of these Terms is prevented by causes beyond either party's reasonable control (Force Majeure), the affected party's obligations are suspended if prompt written notice is given. Force Majeure includes acts of God, fire, explosion, vandalism, pandemics, epidemics, storms, civil or military authority orders, national emergencies, insurrections, riots, wars, strikes, or work stoppages. The excused party must use reasonable efforts to remove such causes and resume performance. An act within a party's reasonable control includes those committed by its employees, officers, agents, or affiliates.
ENFORCEABILITY
- If any provision of these Terms is deemed invalid or unenforceable by a competent authority, the remaining provisions remain valid and enforceable.
ENTIRE AGREEMENT AND UNDERSTANDING
- Regarding the subject matter of these Terms:
- These Terms constitute the entire understanding between the Parties.
- All previous communications, representations, warranties, or commitments are superseded by these Terms and do not affect their interpretation or meaning.
GOVERNING LAW AND JURISDICTION
- For users in the United States:
- These Terms are governed by Delaware state law. All disputes will be brought exclusively in Delaware courts. Parties may enforce judgments in other jurisdictions.
- For users outside the United States:
- These Terms are governed by the laws of Delhi and applicable federal laws of India. All disputes will be brought exclusively in Delhi courts. Parties may enforce judgments in other jurisdictions.
Contacting Vidya Mantra Edusystems
- For any questions, issues or feedback, please use the contact methods as set out on the Website.
- For any notices, please contact Us using the details below:
- For any questions or notice, please contact our Privacy Officer at: