Moodlapse Terms and Conditions and End User Licence Agreement (EULA)

Please read these Terms & Conditions ("Terms", "Terms & Conditions") carefully before using the Moodlapse & Snaplapse website and the Moodlapse tvOS app and Moodlapse & Snaplapse iOS mobile apps (together, or individually, the "Service") operated by Moodlapse, its directors, employees, partners, agents, suppliers, or affiliates ("the Licensor", "us", "we", or "our"). Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.

Communications

By providing your name and email address, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.

Apps hosted on Apple platforms

The Licensor grants to you a nontransferable license to use the Licensed Application on any Apple-branded products that you own or control and as permitted by the Usage Rules. The terms of this Standard EULA will govern any content, materials, or services accessible from or purchased within the Licensed Application as well as upgrades provided by Licensor that replace or supplement the original Licensed Application, unless such upgrade is accompanied by a Custom EULA.

Intellectual Property

The Service and its original content, features and functionality are and will remain the exclusive property of Moodlapse and its licensors. The Service is protected by worldwide copyright, trademark, and other laws including the The Copyright Designs and Patents Act 1988. Our trademarks may not be used in connection with any product or service without the prior written consent of Moodlapse. All design features, audio and visual content belongs exclusively to Moodlapse and it’s content collaborators and shall remain protected by international Copyright laws in perpetuity. 

Usage rules

CONTENT DOWNLOADED OR EXPORTED FROM THE SERVICE (INCLUDING BUT NOT LIMITED TO THE USE OF THE SNAPSHOT FEATURE, SCREEN SHOTS, SCREEN RECORDINGS, OR ANY OTHER FORM OF RECORDING TECHNOLOGY) MAY BE USED FOR PERSONAL USE, PRIVATE OR PERSONAL SOCIAL USE INCLUDING SHARING ON SOCIAL PLATFORMS BUT MAY NOT BE USED IN ANY FORM OF COMMERCIAL CONTEXT INCLUDING BUT NOT LIMITED TO COMMERCIAL EXPLOITATION OF SAID CONTENT OR USING SAID CONTENT TO PROMOTE OR ENDORSE A COMMERCIAL ACTIVITY.

You may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. You may not transfer, redistribute or sublicense the Licensed Application and, if you sell your Apple Device to a third party, you must remove the Licensed Application from the Apple Device before doing so. You may not copy (except as permitted by this license and the Usage Rules), reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the Licensed Application).

Indemnification

You agree to defend, indemnify and hold harmless Moodlapse and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of your use and access of the Service. 

Limitation Of Liability

In no event shall Moodlapse, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorised access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Moodlapse, its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Governing Law

This agreement shall be governed by the laws of England, Wales and Scotland. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

Pricing and Terms

We reserve the right, at our sole discretion, to modify or adjust current and future pricing models for the use of our service, at any time.

Moodlapse offers in-app purchases (IAP’s). These are handled through the Apple App Store and any sale is final, and we will not provide a refund. Your purchase will be subject to Apple’s applicable payment policy, which also may not provide for refunds. To cancel or dispute any charges you will need to communicate with the platform (Apple AppStore) of which that app and payment was charged.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms and any terms resulting in the way Moodlapse operates and functions at any time and any such modification to these Terms shall be effective upon its posting on this website and or update.

By continuing to access or use our Service, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorised to use the Service.

Contact Us

If you have any questions about these Terms, please at support@moodlapse.me