Moonfruit Terms and Conditions
Effective Date: November 1, 2024
Welcome to Moonfruit! These Terms of Service (“Terms”) govern your use of Moonfruit’s website and services. By accessing or using our directory platform, you agree to be bound by these Terms. If you do not agree with any part of these Terms, please do not use Moonfruit.
1. Introduction
Moonfruit is an online directory platform that connects businesses with top-rated digital marketing agencies worldwide. By using Moonfruit, you agree to these Terms and all applicable laws and regulations. The terms “we,” “us,” and “our” refer to Moonfruit LLC. The term “you” refers to the user, buyer, service provider, or any individual accessing our platform.
2. Eligibility
You must be at least 18 years of age to use the Moonfruit website or its services. By using our platform, you represent that you are legally able to enter into this agreement.
3. Account Registration and Responsibilities
To use certain features of Moonfruit, you may be required to create an account. You are responsible for maintaining the confidentiality of your account information, including your username and password. You agree to provide accurate, current, and complete information during registration and to keep your account information up to date through your account or through our support team ([email protected]). Moonfruit reserves the right to suspend or terminate your account for any reason, including any violation of these Terms.
4. Use of Services
You agree to use Moonfruit’s directory services in accordance with these Terms and all applicable laws. You are solely responsible for the content you submit or upload to the platform, including reviews, feedback, and any other contributions (“User Content”). You must not:
a. Submit any false or misleading information.
b. Post any content that is defamatory, abusive, offensive, or unlawful.
c. Violate any third-party rights, including intellectual property rights.
d. Use Moonfruit for any fraudulent activities or unauthorized advertising (e.g., spam).
e. Moonfruit reserves the right to remove or modify any User Content that violates these Terms at our sole discretion.
5. Service Providers and Listings
Moonfruit lists digital marketing agencies based on various criteria. While we strive to provide accurate and reliable information, we do not endorse or guarantee the services of any agency listed on our platform. Users should perform their own due diligence before engaging with any agency. Moonfruit will not be held responsible for any disputes or issues arising between users and service providers.
6. Purchase and Payment
Moonfruit offers the ability to enhance provider listings for a fee. The term of your Agreement with Moonfruit will last for the term specified in your Insertion Order. If you purchase Listing Services or any other services that we offer for a fee, either on a one-time or subscription basis, you agree to pay the applicable fees as set forth at the time of purchase as they become due, including late fees for any overdue amounts.
By purchasing a subscription and by providing Moonfruit with your payment information, you are expressly agreeing that we or any payment agents of ours are authorized to charge you a recurring subscription fee on a monthly or annual basis as set forth in the Invoice, and any other charges you may incur in connection with your use of the Services, including any applicable taxes or any upgrades to your subscription.
Following the expiration of the term, each Listing Subscription will renew automatically on a month to month basis unless Customer provides written notice by email to [email protected] of non-renewal not less than 15 days prior to the day of the month on which you are billed, regardless of your payment schedule (monthly, quarterly, etc. (the “Billing Date”), with such termination to be effective on that Billing Date. You agree that you will be subject to this automatic renewal feature unless you cancel your Listing Subscription prior to your Billing Date.
Failure to pay in a timely manner may result in the termination of your enhanced listing and/or application of late payment fees. Late payment fees of 1.5% will be applied on all invoices 30 days past due. We reserve the right to suspend or terminate your services if payment reaches 60 days or more past due.
Payment options are ACH, Credit card or invoice. Credit card payments will be charged 2.5% processing fee. ACH payments are not subject to any processing fees. Moonfruit complies with NACHA standards for processing ACH transactions.
7. Cancellation
Your obligation to pay fees continues until you cancel your subscription. You may cancel or suspend your Listing Subscription by contacting [email protected] after the initial term. Cancellation must be received at least 15 days prior to your next bill date.
8. Reviews and Ratings
Users may leave reviews and ratings for service providers listed on Moonfruit. Reviews must be honest, accurate, and based on actual experiences. Moonfruit reserves the right to remove any review that is deemed fraudulent, inappropriate, or in violation of these Terms.
9. Intellectual Property
All content on Moonfruit, including text, graphics, logos, images, and software, is the property of Moonfruit or its licensors and is protected by copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, or use any content from Moonfruit without our prior written consent.
10. Limitation of Liability
Moonfruit provides its services on an “as is” and “as available” basis. We make no representations or warranties of any kind, express or implied, about the accuracy, reliability, or availability of the platform or the services listed. In no event shall Moon Fruit be liable to client or to any third party for any loss of use, revenue, or profit or loss of data or diminution in value, or for any consequential, incidental, indirect, exemplary, special, or punitive damages whether arising out of breach of contract, tort (including negligence), or otherwise, regardless of whether such damage was foreseeable and whether or not Moon Fruit has been advised of the possibility of such damages. In no event shall Moon Fruit’s aggregate liability arising out of or related to this agreement, whether arising out of or related to breach of contract, tort (including negligence), or otherwise, exceed the aggregate amounts paid or payable to Moon Fruit pursuant to applicable SOW in the six month period preceding the event giving rise to the claim.
11. Indemnification
You agree to indemnify, defend, and hold Moonfruit harmless from any claims, damages, losses, or expenses (including attorney fees) arising from your use of the platform, your violation of these Terms, or your violation of any third-party rights.
12. Termination
Moonfruit reserves the right to terminate or suspend your account or access to the platform at any time, with or without notice, for any reason, including but not limited to violation of these Terms.
13. Changes to the Terms
Moonfruit may modify these Terms at any time. Any changes will be posted on this page, and the “Effective Date” will be updated. Your continued use of the platform after any changes indicates your acceptance of the updated Terms. Be sure to return to this page periodically to review the most current version of the Terms.
14. Governing Law
These Terms are governed by the laws of the Wilmington, DE. Any disputes arising from these Terms or your use of Moonfruit will be resolved in the courts of the United States of America.
15. Dispute Resolution
The Parties agree to attempt in good faith to settle any dispute, controversy or claim, whether based on contract, tort, statute or other legal or equitable theory arising out of or related to this Agreement (including any amendments or extensions thereto) (collectively, a “Dispute”) by way of good faith conversations between the Parties, which conversations shall be initiated upon written notice by either Party to the other. The Parties’ representatives shall be appointed and meet within written notice, or as otherwise agreed, to attempt to resolve the Dispute.
Venue. If the representatives have not met within such period or have not reached a mutually agreeable resolution of the Dispute within thirty (30) days after their initial meeting regarding such Dispute, then both Parties agree to federal courts in El Paso County, Colorado. The Parties hereby irrevocably consent to and waive any objection to the jurisdiction and venue of the state and federal courts in El Paso County, Colorado.
Moonfruit may, in its sole discretion, suspend the provision of Services during the dispute resolution process upon written notice to Client should the Parties not resolve any Dispute within the initial ten (10) days.
16. Force Majeure
Except for Client’s payment obligations hereunder, neither Party shall be liable for failures and delays in performance due to any cause or circumstance beyond its reasonable control, including, without thereby limiting the generality of the foregoing, any failures or delays in performance caused by strikes, lockouts, interference by civil or military authorities, compliance with the laws of the United States of America or with the orders of any governmental authority, internet outage or other telecommunication breakdowns, or other similar events beyond the reasonable control of the impacted Party (“Force Majeure Event”). Failure to meet due dates resulting from a Force Majeure Event shall extend the due date for a reasonable period, but no less than a commensurate period of time.
17. Contact Information
For any questions or concerns regarding these Terms, please contact us at: [email protected].
By using Moonfruit, you acknowledge that you have read, understood, and agree to these Terms and Conditions.