These terms govern your use of Moonwater's website and the applications we host and operate. Please read them carefully.
1. Agreement to these terms
These Terms of Service (the "Terms") are an agreement between you and Moonwater Creations LLC ("Moonwater," "we," "us" or "our"). By accessing or using the Services described below, you agree to these Terms. If you use the Services on behalf of an organization, you agree to these Terms on its behalf and confirm that you have authority to do so; in that case, "you" includes that organization. If you do not agree, do not use the Services.
2. The Services
The "Services" are our website at moonwatercreations.com (the "Site") and the client workspaces, portals and applications that we build, host and operate, including their sign-in pages (the "Applications"). The Site provides information about Moonwater. The Applications are made available to our clients and to the people our clients authorize.
3. Client agreements
Our professional services, including the scope of work, deliverables, fees, confidentiality, ownership of work product, data protection and service levels, are governed by a separate written agreement between Moonwater and each client, such as a master services agreement, statement of work or order form (a "Client Agreement"). If these Terms conflict with a Client Agreement, the Client Agreement controls. These Terms apply to your use of the Services to the extent a Client Agreement does not address it.
4. Accounts and access
Access to an Application is granted by Moonwater or by the client organization that the Application serves. To use an Application you must:
- be authorized by that organization and at least the age of majority where you live;
- provide accurate information and keep it current;
- keep your sign-in credentials secure and not share your account; and
- notify us promptly through our Contact page if you suspect unauthorized access.
You are responsible for activity that occurs under your account. A client's administrators may grant, change or remove access for their users at any time.
5. Acceptable use
You agree not to, and not to allow anyone else to:
- use the Services in violation of any law or regulation, or to infringe or misappropriate anyone's rights;
- access, or attempt to access, an Application, workspace, account or data you are not authorized to use;
- probe, scan or test the vulnerability of the Services, or circumvent any security or access control, except as expressly authorized in writing by Moonwater;
- upload or transmit malicious code, or interfere with or disrupt the integrity or performance of the Services;
- send spam or unlawful, harassing, defamatory or objectionable content;
- scrape, copy or harvest data from the Services by automated means, except through interfaces we provide for that purpose;
- reverse engineer, decompile or attempt to derive the source code of the Services, except to the extent the law or a Client Agreement expressly permits;
- resell, sublicense or provide the Services to third parties except as a Client Agreement permits; or
- use the Services to build a competing product or service.
6. Your content
You and your organization retain all rights in the information, files and other material you submit to the Services ("Your Content"). You grant Moonwater a non-exclusive, worldwide, royalty-free license to host, store, copy, process, transmit and display Your Content only as needed to provide, secure and support the Services, and as your Client Agreement otherwise allows.
You are responsible for Your Content and confirm that you have all rights and permissions needed to submit it and for us to use it as described in these Terms. If you send us suggestions or feedback about the Services, we may use them without restriction or obligation to you.
7. Our intellectual property
The Services, including the Site, our software, tools, processes, templates, documentation and our trademarks and logos, are owned by Moonwater or its licensors and are protected by intellectual property laws. Except for the limited right to use the Services under these Terms, no rights are granted to you. Ownership of software and other deliverables we create for a client is governed by the applicable Client Agreement.
8. AI-assisted features
Some Services use third-party artificial intelligence models to generate, summarize or review content. AI-generated output may be inaccurate, incomplete or unsuitable for your purpose, and it is not legal, financial, medical or other professional advice. You are responsible for reviewing output before relying on it. Our handling of content sent to AI providers is described in our Privacy Policy.
9. Third-party services
The Services may integrate with or link to third-party services, such as Google sign-in, code-hosting platforms and communication tools. Your use of those services is governed by their own terms and privacy policies, and Moonwater is not responsible for them.
10. Privacy
Our Privacy Policy explains how we collect and use personal information, and forms part of these Terms.
11. Suspension and termination
We may suspend or restrict your access to the Services if we reasonably believe you have violated these Terms, if your use poses a security or legal risk, or if your organization's access ends, subject to any notice required by a Client Agreement. You may stop using the Services at any time. Sections that by their nature should survive termination, including Sections 6, 7, 12, 13, 14, 15 and 17, will survive.
12. Disclaimers
Except as expressly provided in a Client Agreement, the Services are provided "as is" and "as available," without warranties of any kind, whether express, implied or statutory, including implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. We do not warrant that the Services will be uninterrupted, error-free or completely secure.
13. Limitation of liability
To the maximum extent permitted by law, and except as otherwise provided in a Client Agreement, Moonwater and its members, officers, employees and suppliers will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, revenue, data or goodwill, arising out of or relating to these Terms or the Services, even if advised of the possibility of such damages. Our total liability for any claim arising out of or relating to these Terms or the Services will not exceed the greater of the amounts you paid Moonwater for the Services giving rise to the claim in the twelve months before the event giving rise to liability, or one hundred U.S. dollars (US$100).
Some jurisdictions do not allow certain limitations of liability, so some of these limitations may not apply to you.
14. Indemnification
To the extent permitted by law, you will defend, indemnify and hold harmless Moonwater and its members, officers and employees from any third-party claims, damages, losses and expenses, including reasonable attorneys' fees, arising from your breach of these Terms, your misuse of the Services, or Your Content, except to the extent a Client Agreement provides otherwise.
15. Governing law and disputes
These Terms are governed by the laws of the State of California, without regard to its conflict-of-laws rules. Any dispute arising out of or relating to these Terms or the Services will be brought exclusively in the state or federal courts located in Los Angeles County, California, and you and Moonwater consent to the personal jurisdiction of those courts, unless a Client Agreement provides a different dispute-resolution process.
16. Changes to these terms
We may modify these Terms from time to time. When we do, we will update the effective date at the top of this page, and if the changes are material we will provide additional notice, such as by email or a notice within the Applications. Continuing to use the Services after the changes take effect means you accept them.
17. General
These Terms, together with our Privacy Policy and any applicable Client Agreement, are the entire agreement between you and Moonwater regarding the Services. If any provision is found unenforceable, the rest remain in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our prior written consent; we may assign them in connection with a merger, acquisition or sale of assets. Nothing in these Terms creates a partnership, agency or employment relationship.
18. Contact us
Questions about these Terms can be sent through our Contact page.
Moonwater Creations LLC
Burbank, California