Terms and Conditions
Moody At Work LLC Service Agreement
This Service Agreement (“Agreement”) is entered into as of the date of subscription, by and between Moody At Work LLC, a limited liability company organized under the laws of the State of Delaware, with its principal place of business at 611 South DuPont Highway Suite 102, Dover, DE, United States (“Moody At Work LLC” or “Organization”), and the individual or entity agreeing to these terms (“Subscriber” or “Customer”).
1. Moody At Work Application Services
1.1 Services Overview
Moody At Work LLC provides its services (Moody At Work or Financial Services), Moody At Work is a cutting-edge platform designed to transform workplace culture and enhance organizational performance. This platform enables employees to express their daily feelings about their department and organization, contributing to a more transparent and positive workplace culture. Moody At Work application is perpetually in a state of research and development. The application undergoes ongoing refinement and enhancement as part of our commitment to delivering an optimal product. While we strive for continual improvement, there is no explicit commitment to provide notifications to subscribers about specific developmental updates. Moody At Work explicitly disclaims any liability for damages or misinterpretation of data and information during the continuous research and development phase. Subscribers acknowledge and accept that the application is consistently evolving, and Moody At Work assumes no responsibility for any potential adverse effects or misinterpretations that may occur. Financial Services eases the outsourcing of financial operations of subscriber.
1.2 User Responsibility
Subscribers are responsible for maintaining the confidentiality of their account information, including their username and password, and for all activities that occur under their account. Moody At Work LLC will not be liable for any loss or damage arising from a Subscriber’s failure to comply with these responsibilities.
1.3 Use of Client Logo and Name for Advertising:
Moody At Work LLC reserves the right to use the subscriber/client’s logo, name, and other identifiable information for advertising and promotional purposes. This includes showcasing to the public that the subscriber/client has onboarded with Moody At Work, regardless of whether the subscriber/client is on a demo or subscription, and this may be done without prior consent.
2. Payment and Subscription Terms
2.1 Fees and Charges:
Subscribers agree to pay all fees associated with their use of the Moody At Work service as described at the time of purchase or subscription. Fees are subject to change, and Moody At Work LLC will provide notice of any changes to the Subscriber. Moody At Work charges annually and Financial Services per month.
2.2 Payment Methods
Payments for the service are processed through secure third-party payment gateways. Subscribers are responsible for providing accurate billing information and keeping it up to date. Moody At Work LLC is not responsible for any issues arising from inaccurate billing information provided by the Subscriber.
2.3 Refund Policy
Moody At Work LLC does not offer refunds for its services under any circumstances, regardless of whether the services have been or not utilized during the subscription period. Additionally, the fees paid for the subscription are non-transferable and cannot be exchanged for other services or extended durations.
3. Term and Termination
3.1 Term
This Agreement will commence on the date of subscription and continue for the duration of the subscription term selected by the Subscriber unless terminated earlier in accordance with these terms.
3.2 Termination by Subscriber
Subscribers may terminate their subscription at any time by providing notice to Moody At Work LLC. Termination will be effective at the end of the current billing cycle, and no refunds will be issued for partial months.
3.3 Termination by Moody At Work LLC
Moody At Work LLC reserves the right to terminate this Agreement and the Subscriber’s access to the service at any time, with or without cause, by providing notice to the Subscriber. In the event of termination by Moody At Work LLC without cause, a pro-rata refund of any prepaid fees will be issued.
4. Intellectual Property
4.1 Ownership
Moody At Work LLC retains all right, title, and interest in and to the Moody At Work service, including all intellectual property rights. Subscribers are granted a limited, non-exclusive, non-transferable license to access and use the service in accordance with this Agreement.
4.2 Restrictions
Subscribers may not copy, modify, distribute, sell, or lease any part of the Moody At Work service or its software, nor may they reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or the Subscriber has Moody At Work LLC’s written permission.
5. Disclaimers and Limitations of Liability
5.1 No Warranties
The Moody At Work service is provided on an “as is” and “as available” basis, without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Moody At Work LLC does not warrant that the service will be uninterrupted, timely, secure, or error-free.
5.2 Limitation of Liability
In no event shall Moody At Work LLC be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (i) the Subscriber’s use of or inability to use the service; (ii) any unauthorized access to or use of the service; or (iii) any interruption or cessation of the service.
5.3 Integration Services
Moody At Work LLC is not liable for any loss or damage or infringement where Moody At Work LLC acted as a direct or indirect bridge or integration between different services used by the Subscriber.
6. Governing Law and Dispute Resolution
6.1 Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law principles.
6.2 Dispute Resolution
Any disputes arising out of or related to this Agreement or the Moody At Work service shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, and the arbitration shall take place in Dover, Delaware. The parties agree to submit to the personal jurisdiction of the courts located within Dover, Delaware, to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
7. Miscellaneous
7.1 Entire Agreement
This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous understandings, agreements, representations, and warranties, whether written or oral.
7.2 Amendments
Moody At Work LLC reserves the right to modify this Agreement at any time. Any modifications will be effective upon posting the revised Agreement on the Moody At Work website. The Subscriber’s continued use of the service following the posting of the revised Agreement constitutes acceptance of the modifications.
7.3 Severability
If any provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the Agreement, and the remaining provisions shall remain in full force and effect.
7.4 Waiver
The failure of Moody At Work LLC to enforce any right or provision of this Agreement shall not constitute a waiver of future enforcement of that right or provision.
7.5 Contact Information
For any questions about this Agreement or the Moody At Work service, please contact us at info@moodyatwork.com
8. End User License Agreement (EULA)
8.1 Grant of License
Moody At Work LLC grants the Subscriber a limited, non-exclusive, non-transferable license to access and use the Moody At Work service solely for the Subscriber’s internal business purposes. This license does not grant the Subscriber any ownership rights in the service or its content.
8.2 User Obligations
Subscribers agree to:
Use the service in compliance with all applicable laws and regulations.
Not share their login credentials with any unauthorized parties.
Not use the service for any unlawful purpose or in a manner that could damage, disable, or impair the service or interfere with any other party’s use of the service.
Not reverse engineer, decompile, or disassemble any software associated with the service.
8.3 Restrictions
Subscribers are prohibited from:
Distributing, selling, leasing, or sublicensing the service to third parties.
Creating derivative works based on the service or its software without prior written consent from Moody At Work LLC.