This Service Agreement (“Agreement”) is a legally binding contract between you (“Client”, “you”) and Mohi LLC (“Mohi”, “we”, “us”, or “our”), governing the provision of development and custom software design services by Mohi. By engaging with Mohi for services, accessing our website at http://www.mohi.io, or utilizing any associated media, communication channels, or digital tools provided by Mohi (collectively referred to as the “Services”), you acknowledge that you have read, understood, and agreed to be bound by the terms of this Agreement. If you do not accept these terms in full, you must not use the Services provided by Mohi.
We may, at our discretion, update or amend this Agreement at any time to reflect changes in our Services, practices, or for other reasons. We will endeavor to notify you of any significant changes, but it remains your responsibility to review this Agreement periodically. Your continued use of the Services after any changes signifies your acceptance of those changes.
This Agreement does not cover every aspect of your interaction with Mohi and may be supplemented by additional terms, conditions, policies, or guidelines, which are incorporated by reference and become part of this Agreement. It is essential that you comply with all local laws and regulations when accessing and using our Services, especially if you are doing so from a jurisdiction outside of our operating base.
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.
USER REPRESENTATIONS
By engaging with Mohi LLC through any medium, you affirm that you have the legal authority to agree to these terms, are of legal age in your region, will not misuse our services or interact with us via automated systems, will only use our services for lawful purposes, and that your interactions will comply with all relevant laws and regulations.
If any information you provide is found to be false, misleading, outdated, or incomplete, Mohi LLC reserves the right to suspend or terminate your engagement and deny any current or future requests for our development and custom software design services. This ensures the integrity and reliability of our business transactions and partnerships.
Comprehensive Payment Authorization for Services Rendered
You, the client (“Client”), hereby authorize Mohi LLC (“Company”), and any of its lawful agents, to store securely any payment information, including, but not limited to, credit card, debit card, or ACH payment details (“Payment Instrument”), that you provide explicitly for the purpose of settling fees for services solicited or received (“Services”). This authorization extends to any Services agreed upon through written contracts, electronic communications, verbal agreements, or any other legally recognized form of consent.
In the event that Services are rendered and a due date as stipulated by the Company has elapsed, you acknowledge that the completion of Services constitutes an implicit agreement to the charges incurred, and the Company is thereby authorized to initiate a charge against your Payment Instrument. This automatic charge will occur unless you provide a prior, explicit written revocation of this authorization in accordance with the Company’s cancellation policy.
You further agree that in the case of a pre-authorized recurring engagement, the Company is entitled to initiate scheduled charges on the Payment Instrument in accordance with the terms and frequency explicitly agreed upon at the outset of said engagement.
In any situation where ancillary or additional charges arise due to the scope of Services rendered exceeding the initial agreement, or due to changes requested by you, the Client, such charges shall be communicated to you by the Company, and your continuation of Services post-communication will serve as your consent to such additional charges.
Should any dispute arise related to the billing or charges rendered for Services, you agree to first seek resolution through the Company’s internal dispute resolution mechanism. If a resolution is not reached, you agree to resolve the dispute through binding mediation facilitated by an independent third-party mediator selected by the Company, with all mediation costs to be shared equally between you and the Company, unless the mediator’s decision attributes the responsibility of costs differently.
By continuing to use the Site and engaging with the Services post-publication of any updates to these Terms of Use, you affirm your ongoing acceptance of these terms, including the aforementioned payment authorization provisions.
We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. We also reserve the right to refuse any order placed through the Site, or via any forms of communication.
Remedies and Enforcement for Terms Violation
In the event of any breach or violation of these terms, Mohi LLC reserves the unequivocal right to terminate this Agreement forthwith and to demand full remuneration for all services rendered or contracted, notwithstanding the degree of completion of said services. This provision underscores the critical importance of adherence to the stipulated terms and delineates the repercussions attendant upon any infringement thereof.
CONTRIBUTION LICENSE
You and the Site agree that we may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy and your choices (including settings).
By submitting suggestions or other feedback regarding the Site, you agree that we can use and share such feedback for any purpose without compensation to you.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site. You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
SUBMISSIONS
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
Service Monitoring
Mohi LLC retains the discretionary authority to monitor client engagements and service utilization for adherence to the agreed-upon Terms of Service. This includes the prerogative to undertake legal measures against entities or individuals infringing upon these terms or applicable laws, encompassing, but not restricted to, the reporting of such parties to relevant law enforcement authorities. Additionally, Mohi LLC may, at its discretion, restrict, suspend, or terminate access to any service components deemed to be in violation of these terms, overly burdensome to our operational infrastructure, or detrimental to the provision of our services.
TERM AND TERMINATION
These Terms of Use shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF OUR SERVICES, TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OF OUR SERVICES OR RESTRIC ACCESS TO OUR SERVICES AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
MODIFICATIONS AND INTERRUPTIONS
Mohi LLC retains the right to adjust, pause, or terminate any part of its services or projects without prior notification, including but not limited to updates, maintenance, or restructuring of service offerings. These changes may occur at Mohi LLC’s sole discretion and without any obligation to provide updates or maintain continuous service availability. Clients acknowledge that such alterations may lead to temporary disruptions or cessation of services, for which Mohi LLC shall not be held liable. Clients agree to bear any resultant inconvenience or loss without recourse to Mohi LLC.
Limitation of Liability
General Limitation: In no event shall Mohi LLC, 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 services; (ii) any conduct or content of any third party on the services; (iii) any content obtained from the services; and (iv) unauthorized 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 its essential purpose.
Professional Services: Mohi LLC provides development and custom software design services. The company shall not be liable for any damages that result from the use of, or the inability to use, the projects and services provided. This includes but is not limited to the reliance by the user on any information obtained from Mohi LLC or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction or unauthorized access to Mohi LLC’s records, programs or services.
Third-Party Products and Services: Mohi LLC is not liable for any loss or damage incurred as the result of any dealings with third-party service providers or the presence of such third-party advertisements on the service.
Software Limitations: Mohi LLC does not warrant that the service will be uninterrupted or error-free; nor does it make any warranty as to the results that may be obtained from the use of the service.
Cap on Liability: To the maximum extent permitted by applicable law, Mohi LLC’s aggregate liability for all claims relating to the services shall in no event exceed the greater of $500 or the amount paid by you to Mohi LLC for the 12 months preceding the last event giving rise to liability.
Warranties and Disclaimers
As-Is Services: The services of Mohi LLC are provided on an “as is” and “as available” basis. Mohi LLC hereby expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law. Without limiting the foregoing, Mohi LLC makes no warranty that (i) the services will meet your requirements, (ii) the services will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the services will be effective, accurate or reliable, or (iv) the quality of any services, information, or other material purchased or obtained by you from the service will meet your expectations or be free from mistakes, errors or defects.
Service Changes and Continuity: Mohi LLC reserves the right to modify, suspend or discontinue, temporarily or permanently, the services (or any part thereof) with or without notice at any time. Mohi LLC will not be responsible for any harm to your computer system, loss or corruption of data, or other harm that results from your access to or use of the services.
Performance of Software: The company makes no warranty regarding the reliability or accessibility of client-owned or third-party software platforms and cannot be held liable for impediments to performance due to software limitations.
Your Responsibility: The effectiveness of Mohi LLC’s services largely depends on the accurate and timely cooperation of clients, and as such, Mohi LLC is not liable for delays or failures resulting from client’s lack of timely cooperation or provision of inaccurate information.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Site, sending us emails, and completing online forms or meetings constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
MISCELLANEOUS
This agreement with Mohi LLC encompasses all terms, rules, and guidelines for service provision, forming the entire understanding between the client and Mohi LLC. Lack of enforcement of any right doesn’t waive that right. The agreement stands despite any legal challenges to specific terms, without creating any employment or partnership relations. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.
CONTACT US
In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at: email
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