Terms & Conditions for Moon

Effective date: January 10, 2023

Introduction

These Standard Terms and Conditions (“Terms”) written here shall manage your use of our Website accessible at paywithmoon.com through your account (“Account”), as well as to extensions, and apps (“Services”) managed by Moon Technologies, Inc. (“Moon,” “Company”, “us,” “we,” or “our”). These Terms extend to any products, goods, or additional services accessed via Moon. In addition to these Terms, individuals and/or entities will be bound by the terms and conditions of any other contract or agreement with the Company.

These Terms will be applied fully and affect your use of Services provided by Moon Technologies, Inc. By using these Services, this Website, extension, apps and/or web apps, you agree to accept all terms and conditions written in here. You must not use these Services if you disagree with any of these Standard Terms and Conditions.

Use of the Services is limited to parties that lawfully can enter into and form contracts under applicable law. For example, minors or people below 18 years old are not allowed to use these Services. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company, that you maintain a single Moon Account, and meet all of the eligibility requirements for any product or service you may be purchasing, including any geographic or other limitations for that product or service.

You must not use these Services or maintain a Moon Account if you disagree with any of these Standard Terms and Conditions, and if should you disagree with any adjustments made to these Terms and Conditions, this Agreement, or your Services, your sole remedy is to withdraw from the use of these Services and terminate your Moon Account.

Changes to these Terms

We may revise and update these Terms from time to time at our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

The Company’s Rights

We reserve the right to decline to provide access to or use of the Services to any person for any reason. You acknowledge that, if any information provided by you is untrue, inaccurate, not current or incomplete, we reserve the right to terminate your use of the Services. The Company reserves the right to close a user’s Account or take other appropriate actions if such user violates any of these Terms in whole or in part, or engages in any conduct the Company deems inappropriate.

Interacting with the Company

Your use of the Services includes the ability to enter into agreements and to make transactions electronically. You acknowledge that either your using the Services or your electronic submissions constitute your agreement and intent to be bound by and to pay for such agreements and transactions. Your agreement and intent to be bound by electronic submissions applies to all records relating to all transactions you enter into on the Services, including notices of cancellation, policies, contracts, and applications. To access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.

Accessing the Services and Account Security

We reserve the right to withdraw or amend these Services or this Website (and any service or material we provide on the Website) at our sole discretion and without notice. We will not be liable if for any reason all or any part of the Services is unavailable at any time or for any period. From time to time, we may restrict access to some or all parts of the Services.

We have implemented technical and organizational measures designed to secure your information from accidental loss and from unauthorized access, use, alteration, or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your information for improper purposes. You provide your information at your own risk.

You are responsible for safeguarding your password and for restricting access to your Moon Account and the Services from your compatible devices. You will immediately notify us of any unauthorized use of your password or Moon Account or any other breach of security. Notwithstanding this Agreement’s stipulation for binding arbitration, in the event of any dispute between two or more parties as to account ownership, Moon will be the sole arbiter of such dispute in our sole discretion. Our decision (which may include termination or suspension of any Moon Account and related activities subject to dispute) will be final and binding on all parties.

You are also responsible for:

  • Making all arrangements necessary for you to have access to the Services.
  • Ensuring that all persons who access the Services through your internet connection or your Account are aware of these Terms and comply with them.

Intellectual Property Rights

Other than the content you own, under these Terms, Moon Technologies, Inc. and/or its licensors own all the intellectual property rights and materials contained in these Services.

You are granted limited license only for purposes of viewing the material contained on these Services.

Restrictions & Prohibited Uses

Certain areas of provided Services are restricted from being accessed by you. Moon Technologies, Inc. may further restrict access by you to any areas of its Services, at any time, at its absolute and sole discretion. Any user ID and password you may have for these Services are confidential and may not be shared, sold, or resold.

You may use the Website only for lawful purposes and in accordance with these Terms. You agree not to use the Website to in any way harm Moon or merchants transacted with via these Services, including, but not limited to the following:

  • Publishing any Website, extension, apps, or web application material in any other media.
  • Selling, sublicensing and/or otherwise commercializing any Website, extension, apps, or web application material including products, goods, and services.
  • Publicly performing and/or showing any Website, extension, apps, or web application material without express written consent.
  • Using the Services in any way that is or may be damaging to Moon or in any way negatively impacts user access to these Services.
  • Using Website, extension, apps, and web applications contrary to applicable laws and regulations, or in any way which may cause harm to these Services, or to any person or business entity.
  • Engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to these Services.
  • Transmission, distribution, or storage of any information, data or material in violation of any applicable law, regulation, ordinance or other rule imposed by any governmental authority, including, but not limited to, material protected by copyright, trademark, trade secret, or other proprietary right.
  • Using the Services in any manner that would violate any applicable United States federal, state, local, or non-United States law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  • Transmitting or procuring the sending of any advertising or promotional material without our prior written consent of the recipient, including but not limited to junk mail, chain letters, spam, or any other similar solicitations.
  • Impersonating or attempting to impersonate the Company, a Company employee, another Customer, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
  • Engaging in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability.
  • Using the Services in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
  • Using the Services beyond their intended use, such as via alterations, exploitations, misrepresentations, misuse, or abuse.
  • Attempting to register, registering, or using more than a single Account per individual end user. Users must be eligible individual persons, rather than organizations or groups, and are only allowed to have one Account.
  • Sharing, selling or reselling Account, Account credentials, or card details.
  • Using the Services to engage in any advertising or marketing, without explicit written permission from Moon.
  • Using these Services to provide reviews for compensation or to construct inauthentic purchase history for merchant or marketplace products or services.
  • Using the Services to acquire products or services without the legitimate purchase of those products or services through abandoned charges or accumulated unpaid bills.
  • Using the Services to defraud or harm a merchant, such as charging a large amount of merchandise and then seeking refunds without adequate return of merchandise.
  • Falsely representing to Moon or to a merchant any material detail related to a return or refund.
  • Using the Services to exploit new user benefits, referral programs, or promotions offered by other merchants; or to abuse discounts or trials in a way that is not intended or allowed by the merchant; or otherwise use the Services to violate the terms and conditions of a merchant, app, or company.
  • Using any robot or other automatic device, process, or means to access the Website for any purpose outside its intended use, including but not limited to monitoring or copying any of the material on the Website without prior written consent.
  • Using the Service in conjunction with automated purchasing software programs.
  • Using any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
  • Using any device, software, or routine that interferes with the proper functionality of the Website.
  • Introducing any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  • Attempting to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
  • Attacking the Website via a denial-of-service (DoS) attack or a distributed denial-of-service attack (DDoS).
  • Otherwise attempting to interfere with the functionality of the Website in any means not stated above.

Certain purchases are prohibited depending on the specific product or service provided.  You agree to consult the underlying terms of each product or service prior to use.  These prohibited purchases include, but may not be limited to:

  • Wires, Money Orders
  • Outbound Telemarketing Merchants
  • Direct Marketing services
  • Security Brokers/Dealers and associated activities
  • Dating & Escort Services
  • Massage Parlors
  • Betting/Casino Gambling
  • Foreign Currency, Non-Fiat Currency
  • Government Owned Lotteries
  • Government Licensed Online Casinos (Online Gambling)
  • Government Licensed Horse/Dog Racing
  • Horse Racing, Dog Racing and Non-Sport Internet Gaming
  • Manual Cash Disbursements
  • Automated Cash Disbursements

This list does not represent the entirety of prohibited activity. Moon Technologies, Inc. reserves the right to update and revise terms as it sees fit, and Customers should additionally consult the specific terms of any product or service purchased on Moon for any other restrictions.

Moon Credit

Moon provides Accounts in good standing with the ability to purchase, accrue and utilize Moon store credit (“Moon Credit”) held for future use. Moon Credit may be used only to purchase Services and other goods sold by Moon, and is not redeemable for cash, or goods and services from other Merchants or Vendors, unless otherwise required by law. Moon Credit is not a checking account, demand deposit account, or savings account. Once associated with a Moon Account, Moon Credit is not transferable to other Accounts, Users, or beyond Moon. Moon Credit is not insured by any government or third party. Account inactivity in excess of 12 months may result in reductions of Moon Credit balance. A user’s Moon Credit balance cannot at any time exceed $10,000 USD and top-ups cannot exceed $2,000 USD (or the equivalent in the Balance currency). Any of these limits can be reduced at any time by Moon.

Fees

The Company may charge certain fees associated with its Services and with underlying services or products purchased through its Services.  Where applicable, these fees will be detailed in the specific terms and conditions of the product or service with which they are associated.  Purchases made on Moon through Moon’s check-out or through a third-party payment service available at check-out may be subject to handling fees and confirmation time.  

Refunds of products or services purchased from Moon will be credited to Moon Credit, net of any transaction and handling fees, unless otherwise requested by the consumer.

Moon reserves the right to charge additional fees to mitigate against abusive behavior, including to mitigate and deter violations of these Terms and the terms of service of other companies, websites, or apps, at Moon’s discretion.

Account Suspension or Termination

The Company may deny you access to the Services, if, in the Company’s sole discretion, you fail to comply with any terms or provisions of these Terms. Likewise, the Company reserves the right to review, postpone, or cancel the acceptance or dispersal of funds to any user at our discretion. If the Company and/or its partners or suppliers become aware of possible violations, they may, in their sole discretion, initiate an investigation, suspend or terminate the Account, remove materials from their servers, issue a warning, or take other responsive action. If we determine that you have violated these Terms, or pose an unacceptable risk to us, or have provided any false, incomplete, inaccurate or misleading information, or otherwise have engaged in fraudulent or illegal or harmful conduct, we may take action against your Account, including suspending access to your Account, disabling your Account, or terminating your Account.

Your Content

“Your Content” shall mean any audio, video, text, images or other material you choose to display on Services provided by Moon Technologies, Inc. By displaying Your Content, you grant Moon Technologies, Inc. a non-exclusive, worldwide, irrevocable, sub-licensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media. Your Content must be your own and must not be invading any third-party’s rights. Moon Technologies, Inc. reserves the right to remove any of Your Content from its Services at any time without notice.

Communications

You consent to accept and receive communications from us in electronic form, including e-mail, text messages, calls, and push notifications to the mobile phone number you provide to us. These communications may be generated by automatic telephone dialing systems which will deliver pre recorded messages, including for the purposes of secondary authentication, receipts, reminders and other notifications. You agree that all communications provided to you by Moon electronically satisfy any legal requirement that communication would satisfy if it were in writing. Standard message and data rates applied by your cell phone carrier may apply to the text messages we send you. You may opt-out of receiving communications by following the unsubscribe options we provide to you. You may also opt-out of text messages from Moon at any time by texting STOP in response. You acknowledge that opting out of receiving communications may impact your use of the Services.

Reliance on Information Posted

The information presented on or through the Services and Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on Website information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

Changes to the Website

We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

Information About You and Your Visits to the Website

All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Links from the Website

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. Moon Technologies, Inc. has no control over the contents of those sites or resources, and accepts no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk, subject to the terms and conditions of use for their websites.

No Warranties

This Website, extension, apps, and web application is provided “as is”, with all faults, and Moon Technologies, Inc. expresses no representations or warranties of any kind related to these Services or the materials contained on them. Also, nothing contained on these Services shall be interpreted as advising you.

Limitation of Liability

In no event shall Moon Technologies, Inc., nor any of its officers, directors or employees, be held liable for anything arising out of or in any way connected with your use of Services provided by Moon Technologies, Inc. whether such liability is under contract. Moon Technologies, Inc., including its officers, directors and employees shall not be held liable for any indirect, consequential or special liability arising out of or in any way related to your use of these Services.

Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Services or Website. This is including, but not limited to any use of the Website’s content, services, and products other than as expressly authorized in these Terms or your use of any information obtained from the Website or Services.

Waiver and Severability

No waiver by the Company of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

Variation of Terms

Moon Technologies, Inc. is permitted to revise these Terms at any time as it sees fit, and by using the Services provided by Moon Technologies, Inc., you are expected to review these Terms on a regular basis.

Assignment

Moon Technologies, Inc. is allowed to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification. However, you are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.

Entire Agreement

These Terms constitute the entire agreement between Moon Technologies, Inc. and you in relation to your use of Services provided by Moon Technologies, Inc. and supersede all prior agreements and understandings.

Governing Law & Jurisdiction

These Terms will be governed by and interpreted in accordance with the laws of the United States of America within state and federal jurisdictions, and you submit to the non-exclusive jurisdiction of the state and federal courts located in the U.S. for the resolution of any disputes.

Your Comments and Concerns

Unless otherwise indicated, all feedback, comments, requests for technical support, and other communications relating to the Website may be directed to: [email protected]