Terms of Service

Adapted from the Terms of Service shared by Automattic Inc. (https://en.wordpress.com/tos/)
through Creative Commons (http://creativecommons.org/licenses/by-sa/4.0/)

The following terms and conditions govern all use of the MofficeSoft website and all content, services, and products available at or through the website, including, but not limited to MofficeSuite, including Moffice Mail, Moffice Collaboration, Moffice CloudDisk, Moffice CRM, Moffice Talk, and other related programs and applications (taken together, our Services). Our Services are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, MofficeSoft's Privacy Policy) and procedures that may be published from time to time by MofficeSoft (collectively, the “Agreement”). You agree that we may automatically upgrade our Services, and these terms will apply to any upgrades. If you reside in the United States, your agreement is with MofficeSoft Inc. (US), and if you reside outside of the United States, your agreement is with Hanbiro Inc. (Korea) (each, “MofficeSoft” or “we”).

Please read this Agreement carefully before accessing or using our Services. By accessing or using any part of our services, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access or use any of our services. If these terms and conditions are considered an offer by MofficeSoft, acceptance is expressly limited to these terms.

Our Services are not directed to children younger than 13, and access and use of our Services is only offered to users 13 years of age or older. If you are under 13 years old, please do not register to use our Services. Any person who registers as a user or provides their personal information to our Services represents that they are 13 years of age or older.

Use of our Services may require a MofficeSuite account. You will be solely responsible and liable for any activity that occurs under your username. You are responsible for keeping your password secure.

1. MofficeSuite.

• Description. MofficeSuite is a subscription-based Cloud software platform that bring together features such as project management, storage, and CRM so companies can collaborate on work internally and externally through Big Data servers.
• User Content. MofficeSoft will backup your MofficeSuite content (e.g., your company customer and project information, calendar events, archives, and other uploads and data) (“MofficeSuite content”). You’re fully responsible for your MofficeSuite Content. It’s your responsibility to ensure that your Content abides by applicable laws and by these Terms. We don’t actively review your MofficeSuite Content.
• Access. If you lose access to your MofficeSuite account, you may not be able to access your MofficeSuite Content. In this case, contact MofficeSoft for further assistance.
• License. By using MofficeSuite, you allow us access to related Public, Private, or On-Premise servers for the purpose of backing up, upgrading, and securing your MofficeSuite Content, and restoring files and database information (which may include access details for multiple servers or accounts for each website that we backup). In order to address security vulnerabilities, we may push an upgrade to your software, or we may access your server to remove malicious code. We may also scan MofficeSuite Content, and compile aggregated/anonymized statistics for our internal use to optimize the performance of the MofficeSuite service. You also grant us a worldwide, royalty-free, and non-exclusive license to copy and store your MofficeSuite Content, to the extent necessary to operate the MofficeSuite service. These Terms don’t give us any rights in your MofficeSuite Content, beyond those we need to operate MofficeSuite. You own your MofficeSuite Content.
• Prohibited Uses. When using MofficeSuite, you agree not to:
  • Publish material or engage in activity that is illegal under applicable law.
  • Use MofficeSuite to overburden MofficeSoft’s systems, as determined by us in our sole discretion.
  • Disclose the sensitive personal information of others.
  • Send spam or bulk unsolicited messages.
  • Interfere with, disrupt, or attack any service or network.
  • Distribute material that is or enables malware, spyware, adware, or other malicious code.
• Payment, Renewal and Refunds. MofficeSuite offers different levels of service. By signing up for a particular level of service, you agree to pay MofficeSuite the applicable subscription fees. Unless you notify us before the end of your subscription period that you no longer wish to run MofficeSuite, your subscription will renew automatically. If we change pricing for a service to which you’re subscribed, we will notify you before your subscription is set to renew. You authorize us to charge any then-applicable fees to your credit card or other payment method we have on file for you. We offer refunds up to thirty (30) days after payment. Payment failures will result in the cancellation of your MofficeSuite plan.
• Cancellation. If you cancel your subscription to MofficeSuite, we will queue your backed-up MofficeSuite Content for deletion.

2. Responsibility of Visitors.

MofficeSoft has not reviewed, and cannot review, all of the material, including computer software, posted to our Services, and cannot therefore be responsible for that material’s content, use or effects. By operating our Services, MofficeSoft does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful, or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. MofficeSoft disclaims any responsibility for any harm resulting from the use by visitors of our Services, or from any downloading by those visitors of content there posted.

3. Intellectual Property.

This Agreement does not transfer from MofficeSoft to you any MofficeSoft or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with MofficeSoft. MofficeSoft, MofficeSuite, related logos, and all other trademarks, service marks, graphics and logos used in connection with MofficeSoft.com or our Services, are trademarks or registered trademarks of MofficeSoft or MofficeSoft’s licensors. Other trademarks, service marks, graphics and logos used in connection with our Services may be the trademarks of other third parties. Your use of our Services grants you no right or license to reproduce or otherwise use any MofficeSoft or third-party trademarks.

4. Changes.

We are constantly updating our Services, and that means sometimes we have to change the legal terms under which our Services are offered. If we make changes that are material, we will let you know by posting on one of our blogs, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect. If you disagree with our changes, then you should stop using our Services within the designated notice period. Your continued use of our Services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.

5. Termination.

MofficeSoft may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your MofficeSuite account (if you have one), you may simply discontinue using our Services. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

6. Disclaimer of Warranties.

Our Services are provided “as is.” MofficeSoft and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither MofficeSoft nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.

7. Limitation of Liability.

In no event will MofficeSoft, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to MofficeSoft under this agreement during the twelve (12) month period prior to the cause of action. MofficeSoft shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

8. General Representation and Warranty.

You represent and warrant that (i) your use of our Services will be in strict accordance with the MofficeSoft Privacy Policy, with this Agreement, and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of our Services will not infringe or misappropriate the intellectual property rights of any third party.

9. US Economic Sanctions.

You expressly represent and warrant that your use of our Services and or associated services and products is not contrary to applicable U.S. Sanctions. Such use is prohibited, and MofficeSoft reserve the right to terminate accounts or access of those in the event of a breach of this condition.

10. Indemnification.

You agree to indemnify and hold harmless MofficeSoft, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of our Services, including but not limited to your violation of this Agreement.

11. Translation.

These Terms of Service were originally written in English (US). We may translate these terms into other languages. In the event of a conflict between a translated version of these Terms of Service and the English version, the English version will control.

12. Miscellaneous.

This Agreement constitutes the entire agreement between MofficeSoft and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of MofficeSoft, or by the posting by MofficeSoft of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of our Services will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in San Francisco County, California. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in San Francisco, California, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; MofficeSoft may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.