moonO Terms of Services
Last Updated: 2021/6/24
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of China.
This website is owned and operated by:
Company Name: Bin Estrella GmbH
Company Number: 06411000
Address: PALLASWIESENSTRASSE 180, 64293 DARMSTADT Germany
Please read these Terms of Service ( "Terms") carefully before using the services (as defined below) provided by moonO and its subsidiaries and affiliates (collectively, "moonO" or "we" or "us"). These Terms govern all services provided by moonO, including: (1) the accessible website of moonO users (the "Site");(2) services accessible through the Site ( "Web Services");（3）Software and applications that can be downloaded to your mobile device ( "mobile applications");(4) smart home electronic consumer products ( "Products") offered on the moonO website and other official platforms;(5) Subscription services, including services that can be accessed using Web services and mobile applications ( "subscription services"). The term "services" refers to websites, Web services, mobile applications, products, and subscription services.
This clause restricts the rights and obligations between moonO operator (Bin Estrella GmbH) and users regarding moonO services. "User" refers to the natural person, legal person, or other organization that registers, logs in, and uses the Service. If you are legally authorized to enter into this Agreement on behalf of a corporation or other legal entity, you represent that you have the authority to bind such entity to the terms and conditions of this Agreement.
Please note that the following are the terms of the agreement between you and moonO. By using our services, you accept, without limitation or qualification, the terms set forth below. If you do not agree to these terms, you should not use the Services and Products. This Agreement may be updated by moonO at any time, and the updated terms of the Agreement will supersede the original terms of the Agreement as soon as they are published, and we will post changes to the terms of this Agreement on the Service Page in a timely manner. If you do not accept the revised terms after moonO revises the agreement, please immediately stop using the services provided by moonO, and your continued use of the services provided by moonO will be regarded as acceptance of the revised agreement.
1、moonO service content
- （1） Access and use. As long as you comply with these Terms, moonO grants you a non-exclusive and non-transferable right (without the right to sublicense) to access and use the moonO Services by (I) installing and using the mobile application on a mobile device (such as an iPhone, iPad or Android smartphone) only on your own and for licensing purposes only; And (II) access the Site solely for your personal purposes.
- （2） Automatic software update. From time to time, moonO may develop patches, bug fixes, updates, upgrades, and other modifications to improve the performance of the Services and/or the Product Software ( "Updates"). These may be installed automatically without the need to provide any other notice or obtain any other consent.
- （3） Interface with third-party products and services provided by moonO. Over time, moonO may provide you with the opportunity to interface products and services with one or more third-party products and services through and use of services. If you have any questions about a third party's third-party products and services, please contact the third party.
- （4） Certain materials may be displayed or performed on the Service (including, but not limited to, text, graphics, articles, photographs, videos, images, and illustrations ( "Content")). You shall abide by all copyright notices, trademark rules, information, and restrictions contained in any Content accessed through the Services and shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, or license for any purpose without the express prior written permission of the respective owner. Sell or otherwise exploit any Content or Third Party Submissions or other proprietary rights that you do not own.
- （5） Certain restrictions. The rights granted to you under these Terms are subject to the following limitations:
- You agree not to license, sell, rent, lease, transfer, assign, distribute, escrow, or otherwise commercially exploit the Services or Products;
- You agree not to modify, make derivative works of, disassemble, reverse compile, or reverse engineer any portion of the Services or the Products;
- You agree not to access services or products to establish similar or competing services or products;
- Unless expressly stated otherwise, no part of the Services or Products may be copied, reproduced, distributed, republished, downloaded, displayed, published, or transmitted in any form or by any means;
- You agree not to upload, transmit or distribute any computer viruses, worms or any software, other systems, equipment, or property that damage or alter the computer or communications network, computer, handheld mobile device, data, services, products, software, or any other content;
- You agree not to interfere with, disrupt or attempt to gain unauthorized access to servers or networks connected to the Service, or violate the regulations, policies, or procedures of such networks;
- You agree not to access (or attempt to access) any of the Services other than through the interface provided by moonO;
- You agree not to remove, obscure, or alter any proprietary notices (including copyright and trademark notices) that may be contained in or associated with the Services or Products. Any future releases, updates, or other additional features of the Service shall be governed by these Terms.
- （6） moonO reserves the right to change, suspend or discontinue the Services, or any portion thereof, at any time, and changes to the moonO Services will be communicated to Users by public notice or notice. You agree that moonO shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Service or any portion thereof.
Certain features or services available on or through websites and mobile applications may require you to open an account (including setting up a moonO account and password). You are solely responsible for maintaining the confidentiality of your account information, including your password, and for any activities conducted under your account as a result of failing to ensure the security and confidentiality of this information. You agree to immediately notify moonO of any unauthorized use of your account or password or any other breach of security. You may be liable to moonO or any other user or visitor to the Site for any loss suffered by moonO or any other user or visitor to the Site as a result of someone else failing to use your moonO account or password because you failed to keep your account information secure and confidential.
You may not use anyone's moonO account, password, or account at any time without the express permission and consent of the moonO account, password, or account holder. moonO cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
3、Convention Usage and Limitations for moonO Services and Product
- （1） The intended use of the moonO service. Although we aim for services to be highly reliable and available, it does not mean that they will be 100% reliable or available. You acknowledge these limitations and agree that moonO shall not be liable for any losses allegedly caused by the failure or delay of the Service.
- （2） It does not have the maintenance of life safety or other critical uses. You acknowledge and agree that the Products and Services, whether used alone or in conjunction with third-party products or services, are not certified for emergency response and therefore are not intended for life safety or other critical use.
- （3） Professional supervision, licensing, and registration. Some local governments have various licensing or registration requirements for the use of products with Pro Monitoring. Without the required licensing or registration, emergency responders may not be able to respond to emergency dispatch requests from third-party monitoring providers, and/or applicable local governments may impose fines and penalties on you.
- （4） Reliability of service. You acknowledge that the Services, including Remote Access and Mobile Notifications, are not error-free or 100% reliable and available. You agree not to rely on the Service for any safety of life or critical purpose. Mobile notifications of moonO product status and alerts are informational only and are not a substitute for third-party monitored emergency notification systems.
- （5） System requirements. You acknowledge that the Services may not operate as described when the requirements and compatibility are not met.
- （6） The Service provides you with information about products in your home and their connection to other products and services ( "Product Information"). We cannot guarantee it is correct or up to date.
- （7） Installation, testing, and use. It is your responsibility to test the product after installation to ensure that the product (and any associated sensors, components, and peripherals) function and communicate as intended and as designed and then periodically test and maintain the product after installation.
- （8） Smart Device Standards/Third-party products or services that only use moonO certification. You agree to use only third-party products and services specified by moonO that are compatible with the products and services.
4、Third-party restrictions on moonO services
moonO services rely on or interoperate with third-party products and services, including third-party service providers used by moonO, devices, ISPs and carriers, App Store or Google Play, third-party website links and referrals, authorized users, distributions about third parties. These third-party products and services are not under the control of moonO, but their operation may affect or be affected by the use and reliability of moonO Services. You acknowledge and agree that:
- （1） The use and availability of the Service is dependent on third party product suppliers and service providers;
- （2） These third party products and services may not operate reliably 100% of the time and may affect how the moonO service operates; And
- （3） MoonO shall not be liable for any damages resulting from the use of these third-party products and services.
5、Ownership and intellectual property
- （1） moonO property. You acknowledge that all intellectual property rights, including but not limited to copyrights, patents, trademarks, and trade secrets, in the products, product software, and services (i.e. The website and mobile applications) are owned by moonO or its affiliates or our licensors.
- （2） Feedback and user input. You may choose to or moonO may invite you to submit comments, suggestions, or ideas about a product or service, including how to improve the product or service ( "Ideas"). By submitting any ideas, you agree that your submission is voluntary, free of charge, unsolicited, and without limitation, and does not create any fiduciary or other obligations on moonO.
- （1） The warranty for the product and the product software is set forth in the limited warranty and end-user license agreement, respectively.
- （2） moonO and our licensors and suppliers do not warrant that defects will be corrected or that the service will: (I) meet your requirements;(II) is compatible with your home network, computer, or mobile device;(III) will be provided without interruption, in a timely manner, safely or without error; Or (IV) will be accurate or reliable. No advice or information, whether oral or written, obtained by you from moonO or through the Services shall create any warranty.
- （3） moonO does not warrant, endorse, guarantee or assume any responsibility for any advertising or services provided by third parties through or in connection with products or services (including but not limited to connected third party products and services), works through the moonO Platform, or any hyperlinked websites or services.
- （4） moonO does not make any representations or warranties with respect to the services or products offered or purchased through the Services.
- （5） You will have the opportunity to change the default values or select specific settings when installing, setting up, or using the products and services. The choices you make may result in unrecommended or unexpected operation or improper operation of the products and services and any connected devices or systems. You will be solely responsible for any damages and losses arising out of or in connection with your selection of the specific settings for the Products and Services and the setting or changing of the default settings.
- （6） You understand and acknowledge that there is a risk of service interruption or failure to meet user requirements due to force majeure, computer virus or hacker attacks, system instability, user location, user shutdown, and any other technical, Internet, communication line reasons, etc resulting in any loss to you or third parties. moonO shall not be liable for any loss due to service failure or delay.
7、Scope of responsibility
Nothing in these Terms, and in particular nothing in this Limitation of Liability, shall be construed or construed to limit or exclude liability that could not be so limited or excluded under applicable law.
To the maximum extent permitted by applicable law, in no event will moono be liable for any indirect, consequential, exemplary, special, or incidental damages, including without limitation any damages for loss of data or lost profits, arising out of or in connection with the services or products, except the warranties contained in these terms and other disclaimers of warranty. Even if moonO knew or should have known, the possibility of such damage, And moonO shall have no liability to any of moonO's licensors and suppliers. Under no circumstances shall moonO be liable for any Content, including without limitation, for any errors or omissions in any Content, or for loss or damage of any kind arising from the use of or access to any Content posted, emailed, accessed, transmitted, or otherwise made available through the Service.
8、Fees and payment
There may be a charge for certain services. You shall pay all applicable fees in connection with the Services selected by you in accordance with the Terms of Sale.
10、Data Protection Act
This Agreement shall remain in full force and effect while you use the Service. You may terminate your use of the Service at any time. At any time, moonO may (I) suspend or terminate your right to access or use the Services, or (II) terminate these Terms, including any combined guidelines, terms, or rules, for you if moonO believes in good faith that you have violated these Terms. All provisions of this Agreement that are by nature intended to remain after termination shall remain after termination, including, but not limited to, warranty disclaimers and limitations of liability.
12、Dispute Resolution and Arbitration Agreement
If a dispute arises between you and moonO, our goal is to understand and resolve your concerns. You agree to notify moonO of any dispute with moonO regarding these Terms. If you have any questions or requests, please contact us at [email@example.com].
- （1） Changes to these terms. moonO reserves the right to change these terms. moonO will post notices of changes to any one or more of the following: This page, other official sites, or the moonO App.
- （2） Applicable Law. These Terms, and any claim, dispute, action, cause of action, issue, or request for relief arising out of or relating to these Terms or your use of the Products and Services, shall be governed by the laws of the State of California, giving effect to any conflict of law principles that may provide for the application of the laws of another jurisdiction.
- （3） Protect confidentiality and intellectual property. moonO may seek injunctive or other equitable relief to protect its confidential information and intellectual property rights, or to prevent data loss or damage to its servers, in any court of competent jurisdiction.
- （4） Entire Agreement/Severability. These Terms constitute the entire agreement between you and moonO regarding the use of the Services and the purchase of the Products. moonO's failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.
- （6） You may not assign or otherwise transfer these Terms and any rights or obligations hereunder without the prior written consent of moonO.