terms of use
 

Moodlytics Terms Of Use

PLEASE READ THROUGH THIS AGREEMENT CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS.

The Company furnishes the Site and Services for your personal enjoyment and entertainment. By installing the App you accept and agree to be bound by this Terms of Service Agreement, including any future modifications thereto (this “Agreement”). You further accept and agree to be bound by the Company's Privacy Policy (currently available at http://www.moodlytics.com/privacy-policy) and any end-user relating to the Moodlytics Services, and to abide by all applicable laws, rules and regulations (“Applicable Law”). The terms in this Agreement are conditions upon which the Company shall grant you a limited license (described more fully below) to use the Site and Services. The Company may modify this Agreement (including the Privacy Policy) at any time, and each such modification will be effective upon notice to you, including posting on the Site. All material modifications will apply prospectively only. Your continued use of the Site or the Services following any such modification constitutes your acceptance and agreement to be bound by the Agreement as so modified. It is therefore important that you review this Agreement regularly. If you do not agree to be bound by this Agreement, you must discontinue use of the Services immediately, including uninstalling the App from your computer. You may receive a copy of this Agreement by emailing us at

User Data

Moodlytics does not claim intellectual property rights over the User Data including any data you upload to the Service. Your User Data uploaded remains yours. Moodlytics will not re-distribute, publish or disclose publicly any uploaded User Data unless required by law.

Moodlytics does not automatically review all User Data uploaded, but has the right (but not the obligation) in their sole discretion to refuse or remove any User Data that is available via the Service.

Termination and Cancellation

Moodlytics may terminate or suspend your access to the Site and remove any material (including User Content and User Data) from the Site or our servers, for any reason, or no reason, at any time in its sole discretion without notice to you. Further, if Moodlytics believes, in its sole discretion, that a violation of the Terms of Use has occurred, Moodlytics may take other corrective actions as deemed appropriate. Moodlytics reserves the right to investigate suspected violations of these Terms of Use, including without limitation any violation arising from any User Content or User Data. Moodlytics may gather information from Users, Registered or otherwise, who are suspected of violating these Terms of Use. You agree to provide us with such information. Moodlytics will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting publishing or otherwise making available any User Content or other materials that are believed to violate these Terms of Use.

You may terminate your Moodlytics account at any time and for any reason. An email to Moodlytics does not constitute a valid and accepted form of cancellation.

Any termination or suspension shall not affect your obligations to Moodlytics under these Terms of Use (including but not limited to ownership, indemnification and limitation of liability), which shall survive termination or suspension.

Currency of the site

Moodlytics updates the information on the Site regularly. However, Moodlytics cannot guarantee or accept any responsibility or liability for the accuracy, currency or completeness of the information on the Site. Moodlytics may revise, supplement or delete information, services and/or the resources contained in the Site and reserves the right to make such changes without prior notification to past, current or prospective visitors.

Third party links.

The Site may provide links to other web sites ("Third Party Sites") or other resources from the Site. Information on Third Party Sites are not investigated, monitored or checked for accuracy, offensiveness, opinions, reliability, privacy practices or other policies, and Moodlytics is not responsible for any Third Party Sites accessed through the Site. Inclusion of or linking to the use of any Third Party Site does not imply approval or endorsement by Moodlytics. You take sole responsibility for and assume all risk arising from your use of any such websites or resources. If you decide to leave the Site and access Third Party Sites, you do so at your own risk and you are aware that our terms and policies no longer govern. You should review the applicable terms and policies of any site to which you navigate, including privacy and data gathering practices.

Disclaimers

Your use of the Site, Content, User Content and processing of User Data is at your sole discretion and risk. The Site, Content, User Content and the processing of User Data, and all materials, information, products and services included therein, are provided on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind. MOODLYTICS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE SITE, CONTENT, USER CONTENT AND USER DATA, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING OR COURSE OF PERFORMANCE. Moodlytics disclaims any warranties: (i) regarding the security, accuracy, reliability, timeliness and performance of the Site; or (ii) that the Site, Content, User Content and User Data will be error-free or that any errors will be corrected. No advice or information, whether oral or written, obtained by you from Moodlytics, shall create any warranty not expressly stated in this Agreement. Some states or jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to you.

Indemnification and Limitation of Liability

You agree to defend, indemnify, and hold Moodlytics and Avinashi Ventures PVT. LTD., its officers, directors, employees and agents, subsidiaries and affiliates, and each of their officers, directors, employees and agents, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including, without limitation, reasonable attorney's fees, arising out of or in any way connected with (i) your access to or use of the Site, Content, User Content and processing of User Data; (ii) your violation of these Terms of Use; (iii) your violation of any third party right, including without limitation any intellectual property right, property, or privacy right; or (iv) any claim that one of your User Content caused damage to a third party.

You acknowledge that Moodlytics's entire liability and your exclusive remedy with respect to service warranty shall be Moodlytics using commercially reasonable efforts to correct non-conformities. EXCEPT FOR THE ABOVE EXPRESS LIMITED WARRANTY, MOODLYTICS MAKES AND YOU RECEIVE NO WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, AND MOODLYTICS SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE MOODLYTICS OFFERING. MOODLTICS DOES NOT WARRANT THAT THE MOODLTICS OFFERINGS WILL MEET YOUR REQUIREMENTS OR THAT THE MOODLYTICS OFFERINGS WILL BE ERROR FREE. This limitation or exclusion of warranties may be subject to exceptions in local jurisdictions.

Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply, and you may have additional rights.

Applicable law

The Site is controlled, operated and administered by Moodlytics team from within the Surat, in theed States. The Site can be accessed from all states and territories of the United States, as well as from other countries around the world. As each of these jurisdictions has laws that may differ from those of Washington State, by accessing the Site, you acknowledge and agree that all matters relating to access to, or use of the Site shall be governed by the laws of the State of Washington and the federal laws of the United States applicable therein (without reference to conflicts of laws principles).

You also agree that any claims or disputes whatsoever arising from your use of the Site or the enforcement of these Terms of Use shall be submitted to the exclusive jurisdiction and venue of the courts of the County of King, State of Washington, within the United States and acknowledge that you do so voluntarily.

Other

These Terms of Use constitute the entire agreement between you and Moodlytics concerning the use of the Site, and supersedes any prior agreement between you and Moodlytics relating to your use of the Site. Moodlytics's failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of this right or provision in this or any other instance. If any provision of this Terms of Use is held to be invalid, the remainder of this Agreement shall continue in full force and effect. If any provision of these Terms of Use shall be deemed unlawful, void or unenforceable, that provision shall be deemed severable from these Terms of Use but shall not affect the validity and enforceability of the remaining provisions.

Moodlytics 15 day trial version terms:

Dive deep in your moods with Moodlytics Pro version, now available completely free for first 15 days.

After 15 days it will reset to free version with limited features, only in the case if you don’t' upgrade to pro version.

Note: **Feature to backup your data is not available in trial mode of Moodlytics.

To improve the user experience, Moodlytics will collect some very basic anonymous information regarding the usage of application. All the information collected will be completely private and secure.

Feedback

Moodlytics welcomes your feedback. You may submit feedback by emailing us at . You acknowledge and agree that any questions, comments, suggestions, ideas, or other information about the Site ("Feedback") provided by you to Moodlytics or any of its employees or representatives are non-confidential. Moodlytics shall own a non-exclusive license to the unlimited use of the Feedback, including without limitation the right to reformat and translate it, for commercial or other purposes and its dissemination without acknowledgment or compensation to you.

Questions

If you have questions about these Terms of Use or about the Services, please contact Moodlytics at