Terms and Conditions for Mosheli Creative Solutions LLC

Effective Date:

January, 2025

1. Introduction
1.1 Overview

Welcome to Mosheli Creative Solutions ("Mosheli," "we," "us," or "our"). Mosheli provides innovative business and marketing software solutions to help small and medium-sized enterprises optimize their operations, automate workflows, and enhance customer engagement. These services are delivered through the Mosheli platform that integrates cutting-edge tools from third-party providers.

By accessing or using Mosheli’s Services, including but not limited to our website, software, mobile applications, and related technologies (collectively, the "Services"), you agree to comply with and be bound by these Terms of Service ("TOS"). These TOS form a legally binding agreement between Mosheli and you, the individual or entity accessing our Services ("User," "you," or "your"). If you do not agree to these terms, you must not access or use the Services.

1.2 Purpose of These Terms

These TOS are designed to:

Define the relationship between Mosheli and its Users. Outline the rights and responsibilities of all parties involved. Set expectations for the proper use of Mosheli’s Services. Clarify the extent of Mosheli’s obligations, liabilities, and disclaimers.Provide a framework for resolving disputes and addressing violations.

These TOS ensure that the Services are used in a manner that is lawful, secure, and consistent with the best interests of both Mosheli and its Users.

1.3 Changes to These Terms

We reserve the right to amend or update these TOS at any time and for any reason. Modifications may be made to reflect changes in applicable laws, the scope of Services, or Mosheli’s business operations. Any changes to these TOS will be effective immediately upon posting the updated version on our website unless otherwise specified.

We will make reasonable efforts to notify Users of material changes to the TOS through email, in-app notifications, or prominent notices on our website. However, it is your responsibility to regularly review these TOS for updates. Your continued use of the Services after such updates constitutes your acceptance of the revised TOS. If you do not agree to the modified terms, you must discontinue your use of the Services.

1.4 Third-Party Providers

Mosheli operates as a reseller of software solutions developed and maintained by third-party providers. While Mosheli customizes and integrates these tools into our platform, the underlying technology remains the property of the respective providers. By using Mosheli’s Services, you acknowledge and agree that:

You are subject to the terms and policies of third-party providers. Mosheli is not responsible for disruptions, changes, or limitations originating from third-party providers. Your use of these integrated tools may require compliance with additional agreements, which will be provided to you as necessary.

1.5 Acceptance of Terms

By accessing or using Mosheli’s Services, you represent that you have read, understood, and agreed to these TOS and our Privacy Policy.

Additionally, you affirm that you:

Have the legal capacity to enter into a binding agreement. Are using the Services in compliance with all applicable laws, rules, and regulations. Agree to provide accurate and complete information during the registration and onboarding process.

If you are entering into this agreement on behalf of a business or other entity, you represent that you have the authority to bind that entity to these TOS. If you do not meet these eligibility requirements or fail to comply with any aspect of these TOS, you are prohibited from accessing or using the Services.

1.6 Language of Agreement

These TOS are provided in English. In the event of any translation of these TOS into another language, the English version shall prevail to the extent of any conflict or discrepancy.

1.7 Geographic Scope

The Services are accessible globally; however, certain features, integrations, or offerings may not be available in all locations. It is your responsibility to ensure that your use of the Services complies with the laws and regulations of your jurisdiction. Mosheli reserves the right to limit or restrict access to the Services in certain countries or regions at its sole discretion.

1.8 Additional Policies

These TOS incorporate the following additional policies by reference:

Privacy Policy: Governing how we collect, use, and protect your data.Acceptable Use Policy: Detailing restrictions on prohibited activities.Refund Policy: Explaining our policies on payments and refunds.

By agreeing to these TOS, you also consent to the terms and conditions outlined in these policies.

1.9 Legal Relationship

Nothing in these TOS creates a joint venture, partnership, agency, or employment relationship between you and Mosheli. These TOS do not convey any ownership rights in Mosheli’s intellectual property or Services to you. All rights not expressly granted under these TOS are reserved by Mosheli.

2. Eligibility and Account Setup
2.1 Eligibility Requirements

To use Mosheli’s Services, you must meet the following eligibility criteria:

Minimum Age: You must be at least 18 years old or the age of majority in your jurisdiction to enter into a binding agreement. Legal Capacity: You must have the legal authority to agree to these TOS, either as an individual or on behalf of a business entity.Compliance with Laws: You must not be located in, or using the Services in, a country subject to embargoes or restrictions under applicable export laws and regulations. By accessing the Services, you represent that your use does not violate any local, state, national, or international law.

Mosheli reserves the right to refuse service, suspend accounts, or terminate access to the Services if you fail to meet any of these eligibility requirements.

2.2 Account Registration

To access certain features of Mosheli’s Services, you must create an account. During the registration process, you agree to the following:

Provide Accurate Information: You must provide true, accurate, current, and complete information during registration, including your name, contact details, and payment information.Update Your Information: You are responsible for keeping your account information up to date. Mosheli is not responsible for any issues arising from outdated or inaccurate information. One Account Per User: Unless explicitly authorized by Mosheli, you may not create multiple accounts for the same individual or entity.

Failure to provide accurate or complete information may result in the suspension or termination of your account and access to the Services.

2.3 Account Security

You are solely responsible for maintaining the confidentiality of your login credentials, including your username and password. By creating an account, you agree to:

Prevent Unauthorized Access: Take all reasonable precautions to secure your account against unauthorized access or use. Report Breaches Immediately: Notify Mosheli immediately at [email protected] if you suspect any unauthorized access to or use of your account. Assume Liability: Accept full responsibility for any activity that occurs under your account, including actions taken by third parties using your login credentials.

Mosheli will not be liable for any loss or damage arising from unauthorized use of your account due to your failure to maintain account security.

2.4 Account Ownership

Accounts are non-transferable and may not be sold, rented, or otherwise shared with third parties without Mosheli’s prior written consent. Mosheli retains the right to determine account ownership in cases of dispute. Factors considered in determining account ownership include:

The contact details associated with the account.Payment information used to pay for Services.Activity history within the account.

Mosheli reserves the right to request additional documentation to verify ownership claims.

2.5 Business Entity Accounts

If you create an account on behalf of a business entity, you represent and warrant that:

You have the authority to bind the business entity to these TOS.The entity complies with all applicable laws and regulations in its jurisdiction.All users within the entity authorized to access the account will comply with these TOS.

You are responsible for ensuring that any individuals you authorize to use the account are aware of and agree to these TOS.

2.6 Account Suspension and Termination

Mosheli reserves the right to suspend or terminate your account at its sole discretion for reasons including, but not limited to:

Violation of these TOS or other applicable policies.Failure to pay subscription fees or resolve outstanding balances.Use of the Services for unlawful, fraudulent, or unauthorized purposes.Activity that harms or threatens the security, integrity, or performance of Mosheli’s Services or systems.

In the event of termination, you will lose access to your account and any data associated with it. Mosheli is not liable for any loss of data resulting from account suspension or termination. If your account is terminated for violation of these TOS, you may be prohibited from creating a new account in the future.

2.7 Inactive Accounts

Mosheli may, at its discretion, suspend or delete accounts that have been inactive for a continuous period of six (6) months or longer. Prior to taking action, Mosheli will notify the account owner via email or other communication channels. To avoid account deactivation, you must log in and actively use the Services within the specified period.

2.8 Trial Accounts

Mosheli may offer trial accounts with limited features and functionality. Trial accounts are subject to these TOS and any additional terms specified during the trial sign-up process. Upon expiration of the trial period:

Your access to the trial account will automatically terminate unless you transition to a paid subscription.Any data or content stored in the trial account may be deleted unless otherwise stated.

Mosheli reserves the right to modify or terminate trial accounts at its discretion.

2.9 Account Data and Privacy

All information provided during the account setup process is subject to Mosheli’s Privacy Policy. By creating an account, you consent to the collection, storage, and use of your data as outlined in the Privacy Policy.

Mosheli employs industry-standard security measures to protect user data. However, Mosheli cannot guarantee that unauthorized third parties will never be able to bypass security measures. You acknowledge and accept the inherent risks associated with transmitting information over the internet.

3. Scope of Services
3.1 Overview of Services

Mosheli provides an integrated suite of marketing and business management solutions designed to automate workflows, improve customer engagement, and optimize operations for small and medium-sized enterprises. These Services are delivered through the Mosheli platform that incorporates third-party technologies. The specific features and functionalities available to Users may include:

Customer relationship management (CRM) tools.Automated marketing campaigns (email, SMS, and voice).Social media management and scheduling.Customizable landing pages and funnels.Reputation management tools.Loyalty program management and QR code-based sign-up systems.AI-driven customer service and voice assistants.

While Mosheli customizes and packages these tools to offer a seamless experience, the underlying technology is developed and maintained by third-party providers.

3.2 Nature of Services

Mosheli operates as a reseller of software solutions from third-party vendors. Users acknowledge and agree that:

The core functionality of the Services is powered by third-party platforms, and any changes, limitations, or disruptions originating from these platforms are outside of Mosheli’s control.The branding and user interface of the Services are provided by Mosheli, but the underlying technology and data infrastructure remain the property of the third-party providers.Certain features or integrations may require direct acceptance of additional terms from these third-party vendors.

Mosheli acts as an intermediary between Users and third-party providers but does not claim ownership or responsibility for the original development of the software.

3.3 Customizations and Add-Ons

In addition to the base functionality provided by the white-labeled platform, Mosheli may offer:

Custom configurations tailored to specific business needs.Third-party integrations that extend the platform’s functionality. Consulting and onboarding services to help Users implement the platform effectively.

Customizations provided by Mosheli are designed to enhance usability but are subject to limitations based on the capabilities of the underlying third-party software. Any additional costs associated with customizations will be outlined in a separate agreement or invoice.

3.4 Limitations of the Services

While Mosheli strives to provide reliable and feature-rich Services, certain limitations apply:

Availability: The Services are provided "as is" and "as available." There may be instances of downtime due to scheduled maintenance, system upgrades, or issues originating from third-party platforms.Performance: The speed and performance of the Services may vary depending on factors such as internet connectivity, server load, and compatibility with User hardware or software.Scope of Support: Mosheli provides support for onboarding, troubleshooting, and usage guidance but cannot directly resolve issues caused by third-party platforms. In such cases, Mosheli will facilitate communication with the relevant provider to seek a resolution.

3.5 Service Packages and Features

Mosheli offers multiple subscription plans with varying levels of access to features and functionalities. Details about these plans, including pricing and included features, are available on the Mosheli website or through direct consultation with our sales team. Users acknowledge that:

Not all features are available in every subscription plan.Certain features may be subject to additional fees or usage limits.Mosheli reserves the right to modify the features included in each plan at any time with reasonable notice to affected Users.

3.6 Third-Party Dependencies

The Services depend on the ongoing availability and functionality of third-party platforms. Users agree that:

Mosheli is not responsible for outages, bugs, or performance issues originating from third-party providers. Mosheli has no control over changes made by third-party vendors that may affect the compatibility or performance of the Services.Certain third-party features may require Users to accept separate terms or policies directly from the vendor.

3.7 Beta Features

From time to time, Mosheli may offer beta features or experimental tools for testing purposes. These features are provided "as is" with no guarantees of functionality, reliability, or future availability. Users who choose to participate in beta testing acknowledge and agree that:

Beta features may contain bugs or other issues that could impact performance.Mosheli reserves the right to modify or discontinue beta features at any time without notice. Feedback provided during beta testing may be used by Mosheli to improve the Services but does not entitle the User to any compensation or recognition.

3.8 Service Modifications

Mosheli reserves the right to modify, enhance, or discontinue any part of the Services at its sole discretion. Examples of modifications may include:

Adding or removing features to improve usability or comply with legal requirements.Adjusting subscription plans or pricing to reflect changes in operating costs.Upgrading the platform to maintain compatibility with third-party technologies.

Reasonable notice will be provided for significant changes that may impact the User experience. However, Mosheli cannot guarantee advance notice for changes originating from third-party vendors.

3.9 User Responsibilities

Users are responsible for ensuring that the Services are used in accordance with these TOS and any applicable laws. Specifically, Users agree to:

Provide accurate and complete information during the onboarding process.Use the Services only for lawful purposes and in compliance with Mosheli’s Acceptable Use Policy.Monitor their own data usage to ensure compliance with subscription limits.Notify Mosheli promptly of any issues or concerns regarding the Services.

Failure to adhere to these responsibilities may result in suspension or termination of access to the Services.

3.10 Geographic Availability

The Services are designed to be accessible globally; however, certain features or integrations may not be available in all regions. Users are responsible for ensuring that their use of the Services complies with local laws and regulations. Mosheli reserves the right to restrict access to the Services in certain countries or regions at its discretion.

3.11 Trial and Promotional Services

Mosheli may offer trial periods or promotional discounts to new Users. These offers are subject to the following conditions:

Trial access may include limited features or functionality.Promotional pricing applies only to the initial billing cycle unless otherwise specified.Mosheli reserves the right to terminate or modify trial and promotional offers at any time without notice.

Upon the expiration of a trial or promotional period, standard subscription fees will apply unless the User cancels their subscription before the renewal date.

3.12 Disclaimer of Warranties

Mosheli provides the Services on an "as is" and "as available" basis. To the fullest extent permitted by law, Mosheli disclaims all warranties, whether express or implied, including but not limited to:

The availability, reliability, or accuracy of the Services.The suitability of the Services for any particular purpose.The uninterrupted or error-free operation of the Services.

Mosheli does not guarantee that the Services will meet your specific requirements or that any defects will be corrected.

4. Fees and Payment
4.1 Subscription Fees

Mosheli provides its Services on a subscription basis, with various plans designed to meet the needs of different Users. The fees associated with each subscription plan are clearly outlined on our website or communicated through direct consultation. Users agree to:

Pay all applicable subscription fees in full and on time.Accept that fees may vary based on the selected plan, additional features, or customizations requested.Acknowledge that subscription fees are exclusive of applicable taxes, which will be added to the total cost as required by law.

Fees are billed on a recurring basis, as specified in the subscription plan (e.g., monthly or annually), unless explicitly stated otherwise.

4.2 Payment Methods

Users must provide valid payment information to access Mosheli’s Services. Mosheli accepts payment through the following methods:

Credit or debit cards issued by recognized financial institutions.Automated Clearing House (ACH) transfers. Online payment platforms (e.g., PayPal, Stripe) where applicable.

By providing payment information, Users authorize Mosheli to:

Charge the provided payment method for the agreed-upon subscription fees, including applicable taxes.Automatically process payments for each billing cycle unless the subscription is canceled in accordance with Section 4.6.

Mosheli reserves the right to change its accepted payment methods at any time with reasonable notice to Users.

4.3 Payment Processing and Security

All payments are processed through secure third-party payment gateways. While Mosheli takes reasonable measures to ensure the security of payment information, it is not liable for unauthorized access, breaches, or errors caused by third-party payment processors. Users acknowledge and agree that:

Payment information is subject to the privacy policies and terms of the respective payment processor.Mosheli does not store full credit card details or other sensitive payment data directly on its servers.

If a payment is declined, Users are responsible for providing an alternative payment method to avoid disruption of Services.

4.4 Trial Periods and Promotions

Mosheli may offer trial periods or promotional pricing to new Users or for limited-time campaigns. These offers are subject to the following conditions:

Trial Periods: Users will have access to specified features of the Services at no cost during the trial period. At the end of the trial, Users will be automatically transitioned to a paid subscription unless canceled before the trial expires.Promotions: Discounted rates or special offers apply only to the initial billing cycle unless explicitly stated otherwise. Standard subscription fees will apply after the promotional period ends.

Mosheli reserves the right to modify or terminate trial and promotional offers at its discretion without prior notice.

4.5 Refund Policy

All subscription fees are non-refundable unless explicitly stated in these TOS or required by applicable law. Exceptions to this policy may include:

Refunds granted due to billing errors or duplicate charges.Refunds issued during a trial period if the User opts out before transitioning to a paid plan.

Mosheli does not provide refunds for:

Partial use of the Services during a billing cycle. Services terminated due to a User’s violation of these TOS.Dissatisfaction with features or functionality, as the Services are provided "as is."

Requests for refunds must be submitted to [email protected] within 30 days of the billing date for consideration.

4.6 Renewals and Cancellations

Subscriptions are set to automatically renew at the end of each billing cycle unless canceled by the User. To cancel a subscription:

Users must submit a cancellation request through their account settings or by contacting [email protected] must be completed at least 5 business days before the renewal date to avoid charges for the next billing cycle.Upon cancellation, Users will retain access to the Services until the end of the current billing cycle, after which access will be terminated.

If a User cancels their subscription but wishes to reactivate their account, standard subscription fees and setup charges may apply.

4.7 Late Payments

Failure to pay subscription fees by the due date may result in the suspension or termination of Services. Mosheli may take the following actions in the event of non-payment:

Suspend access to the account until outstanding balances are resolved.Apply late fees or penalties to the User’s account, as specified in the subscription agreement.Terminate the account and permanently delete User data after repeated non-payment.

Mosheli will make reasonable efforts to notify Users of overdue payments before suspending or terminating access.

4.8 Price Adjustments

Mosheli reserves the right to adjust subscription fees and pricing for additional features at its discretion. Any changes to pricing will be communicated to Users with at least 30 days’ notice. Users who do not agree to the adjusted fees may cancel their subscription before the changes take effect.

Price adjustments may occur for reasons including but not limited to:

Changes in operating costs, such as third-party licensing fees.Introduction of new features or enhancements to the Services.Adjustments for inflation or market conditions.

If Users continue to use the Services after the adjusted fees take effect, they agree to the new pricing structure.

4.9 Chargebacks and Disputed Payments

If a User disputes a charge or initiates a chargeback with their payment provider:

Mosheli reserves the right to suspend or terminate the account until the matter is resolved.Any fees associated with chargebacks, including processing fees incurred by Mosheli, may be billed to the User.

Users are encouraged to contact Mosheli’s support team at [email protected] to address billing disputes before initiating chargebacks.

4.10 Taxes

Users are responsible for all applicable taxes, duties, or similar governmental charges arising from their use of the Services. Mosheli calculates and collects taxes based on the billing address provided during registration. If a User is exempt from certain taxes:

The User must provide valid tax exemption documentation before charges are processed.Mosheli will not refund taxes retroactively for periods before the exemption documentation was provided.

4.11 Additional Charges

Certain features or customizations may require additional charges beyond the standard subscription fees. These charges will be outlined in a separate agreement or invoice and must be paid in full before the feature or customization is activated.

Examples of additional charges include:

Custom integration with third-party tools.Advanced reporting and analytics features.Priority support or dedicated account management.

Users must agree to these charges before they are incurred.

5. User Responsibilities
5.1 Acceptable Use of the Services

By accessing and using Mosheli’s Services, you agree to comply with all applicable laws and regulations, as well as these TOS. Users must not use the Services to:

Engage in activities that violate local, state, national, or international laws, including those related to spam, privacy, and intellectual property.Distribute, store, or transmit viruses, malware, or any other harmful code.Engage in any activity that disrupts, degrades, or interferes with the performance of Mosheli’s Services, servers, or third-party integrations.Impersonate another individual or entity, misrepresent your identity, or falsely state your affiliation with any person or organization.Engage in fraudulent activities, including using stolen payment information or bypassing subscription requirements.

Mosheli reserves the right to monitor usage and investigate any suspected violation of these terms. Violations may result in suspension, termination, or legal action.

5.2 Compliance with Third-Party Terms

Mosheli integrates tools and technologies from third-party providers.

Users agree to:

Comply with all terms and conditions imposed by these third-party providers.Acknowledge that Mosheli is not responsible for any violations of third-party policies by Users.Refrain from engaging in activities that could lead to the suspension or termination of third-party services.

If a third-party provider suspends or terminates its services due to User violations, Mosheli reserves the right to suspend or terminate the User’s access to the affected features.

5.3 Content Responsibility

Users are responsible for all content, data, and materials uploaded, posted, or transmitted through the Services, including but not limited to:

Customer information stored in the CRM. Marketing materials, such as email templates, SMS messages, and advertisements.Files and documents shared via Mosheli’s platform.

You agree that:

All content you upload complies with applicable laws, including copyright and data protection regulations. You have obtained all necessary rights, permissions, and licenses for the content you upload.Mosheli may remove or restrict access to content that violates these TOS or is reported as inappropriate by other Users.

Mosheli does not pre-screen User content but reserves the right to review and remove content at its discretion.

5.4 Account Use and Security

You are responsible for all activity conducted through your account, whether authorized by you or not. To ensure account security, you agree to:

Use a strong and unique password for your account.Regularly update your password and avoid sharing it with unauthorized individuals.Monitor account activity and report any unauthorized access or suspicious behavior to Mosheli immediately.

Mosheli will not be held liable for any loss or damage resulting from unauthorized account use due to your failure to maintain account security.

5.5 Backup and Data Management

While Mosheli employs industry-standard measures to safeguard your data, you are responsible for:

Maintaining backup copies of your data, especially critical business information.Regularly reviewing your stored data to ensure its accuracy and completeness.Ensuring compliance with any data retention or privacy regulations applicable to your business.

Mosheli will not be held liable for any data loss resulting from User actions, third-party disruptions, or events beyond Mosheli’s control.

5.6 Subscription Management

Users are responsible for managing their subscription, including:

Ensuring timely payment of fees to avoid service interruptions.Updating billing information as needed, including changes to payment methods.Reviewing the terms of their subscription plan and making adjustments to align with their business needs.

Mosheli provides tools and resources for Users to manage their subscription through the platform’s account settings. Failure to properly manage your subscription may result in suspension or additional charges.

5.7 Compliance with Data Privacy Laws

Users must ensure that their use of Mosheli’s Services complies with all applicable data privacy and protection laws, including but not limited to:

The General Data Protection Regulation (GDPR) for businesses operating in or targeting customers in the European Union.The California Consumer Privacy Act (CCPA) for businesses operating in California or serving California residents.Other regional or industry-specific data protection laws applicable to your business.

By using Mosheli’s Services, you represent and warrant that you:

Have obtained all necessary consents from your customers for the collection, storage, and processing of their data.Will not use the Services to collect sensitive data (e.g., health information, financial data) unless explicitly permitted by law and these TOS.Will promptly respond to customer requests to access, modify, or delete their data as required by applicable laws.

Mosheli is not responsible for ensuring your compliance with data privacy regulations. Users are encouraged to seek legal advice to understand their obligations.

5.8 Prohibited Activities

Users must not engage in any activities that Mosheli deems harmful, unethical, or disruptive, including:

Exploiting vulnerabilities in the platform to gain unauthorized access to systems or data.Sending unsolicited or mass marketing communications (e.g., spam) without proper consent.Attempting to reverse engineer, decompile, or otherwise tamper with the software or its underlying code.Using the Services to promote or distribute illegal content, products, or services.

Mosheli reserves the right to suspend or terminate access to Users engaging in prohibited activities, with or without notice.

5.9 User Cooperation

Users agree to cooperate with Mosheli in the event of:

Investigations into potential violations of these TOS.Requests for additional information to verify account ownership or resolve billing issues.Audits to ensure compliance with data usage policies or subscription limits.

Failure to cooperate may result in suspension or termination of your account.

5.10 Notification of Issues

If you encounter any issues while using the Services, you agree to notify Mosheli promptly via [email protected] or the designated support portal. This includes but is not limited to:

Technical issues or bugs affecting platform functionality.Errors in billing or subscription management. Security concerns, such as unauthorized account access.

Timely notification allows Mosheli to investigate and address the issue efficiently. Mosheli is not responsible for issues that are not reported in a timely manner.

5.11 Third-Party Relationships

If you engage with third-party services or integrations through Mosheli’s platform, you are solely responsible for managing those relationships. Mosheli does not provide support for third-party services beyond the scope of its integration with the platform.

Examples include:

Managing API keys or credentials for third-party tools.Resolving issues directly with third-party providers if they are unrelated to Mosheli’s integration.Ensuring compliance with third-party terms and conditions.

6. Intellectual Property
6.1 Ownership of Mosheli Materials

All content, features, and functionality provided as part of the Services—including but not limited to text, graphics, user interfaces, visual interfaces, logos, trademarks, software, algorithms, and other materials—are owned by Mosheli, its licensors, or third-party providers. Users acknowledge and agree that:

Mosheli retains all rights, title, and interest in its proprietary materials. No ownership rights are transferred to the User through use of the Services.These TOS only grant a limited, non-exclusive, non-transferable license to access and use the Services in accordance with their intended purpose.

Users must not:

Copy, modify, distribute, or create derivative works of Mosheli’s materials without prior written consent.Use Mosheli’s branding, trademarks, or other intellectual property in a way that suggests endorsement or partnership without authorization.

6.2 Third-Party Intellectual Property

The Services rely on third-party platforms, which retain ownership of their respective intellectual property.

Users agree that:

Access to third-party features is provided under the licensing terms of the respective providers.Mosheli does not have the authority to grant additional rights or permissions related to third-party intellectual property.Users are solely responsible for ensuring compliance with any additional licensing terms imposed by third-party providers.

If a third-party provider discontinues a feature or changes its licensing terms, Mosheli will not be held liable for resulting disruptions or limitations.

6.3 User-Generated Content

Users may upload or create content using the Services, such as:

Marketing campaigns, email templates, and SMS messages.Customer data stored in Mosheli’s CRM.Custom forms, workflows, and automations.

By submitting or uploading content to the Services, Users grant Mosheli a limited, non-exclusive, worldwide, royalty-free license to:

Use, reproduce, and display the content for the purpose of delivering the Services.Modify or adapt the content as necessary to ensure compatibility with platform functionality.

Users retain ownership of their content but acknowledge that:

Mosheli is not responsible for monitoring, reviewing, or validating the legality of User content.Mosheli reserves the right to remove content that violates these TOS, infringes on intellectual property rights, or poses security risks.

6.4 Feedback and Suggestions

Mosheli welcomes feedback, suggestions, and recommendations for improving the Services. By submitting feedback, Users agree that:

Mosheli has the unrestricted right to use, implement, and incorporate feedback into the Services without obligation or compensation to the User. Feedback does not create any proprietary rights for the User.

Users further acknowledge that:

Any feedback provided does not constitute confidential information.Mosheli is not required to credit or recognize the User for incorporating feedback into its Services.

6.5 Trademarks and Branding

The Mosheli name, logo, and related branding elements are trademarks of Mosheli Creative Solutions. Users are prohibited from using Mosheli’s trademarks without prior written consent, except for:

Referring to Mosheli’s Services in a factual and non-misleading manner.Displaying Mosheli’s logo in promotional materials with explicit authorization.

Unauthorized use of Mosheli’s trademarks may result in legal action.

6.6 Copyright Infringement

Mosheli respects the intellectual property rights of others and expects its Users to do the same. If Mosheli becomes aware of copyright-infringing content hosted on its platform, it will take appropriate action, which may include:

Removing or disabling access to the infringing content.Suspending or terminating the account responsible for the infringement.

Copyright owners who believe their rights have been violated may submit a claim by contacting [email protected] with the following information:

Identification of the copyrighted work that has been infringed. Description of the allegedly infringing content and its location within the Services. Contact information for the claimant, including name, email address, and phone number.A statement affirming the good faith belief that the use is unauthorized. A declaration under penalty of perjury that the information provided is accurate.

Mosheli will respond to copyright claims in accordance with applicable laws, including the Digital Millennium Copyright Act (DMCA) where applicable.

6.7 Prohibited Use of Intellectual Property

Users must not:

Reverse engineer, decompile, or disassemble any part of the Services.Reproduce or distribute Mosheli’s software, features, or branding without authorization.Claim ownership of or attempt to register trademarks, copyrights, or patents for any materials derived from Mosheli’s Services.

Any violation of this section may result in account suspension, termination, and legal action to protect Mosheli’s rights.

6.8 Survival of Intellectual Property Terms

The provisions of this section survive the termination of your account or access to the Services. Even after termination, Mosheli retains ownership of its intellectual property, and the User is prohibited from using or distributing proprietary materials acquired through the Services.

6.9 Indemnity for Intellectual Property Violations

Users agree to indemnify and hold Mosheli harmless from claims, damages, or liabilities arising from intellectual property violations committed by the User, including:

The unauthorized use of copyrighted or trademarked materials in campaigns.Infringements caused by User-generated content uploaded to the platform. Breaches of third-party licensing agreements facilitated through Mosheli.

Mosheli reserves the right to recover costs and legal fees incurred in defending such claims.

7. Limitation of Liability
7.1 General Disclaimer

To the fullest extent permitted by law, Mosheli provides the Services on an "as is" and "as available" basis, with no warranties or representations of any kind, whether express, implied, or statutory, including but not limited to:

The fitness of the Services for a particular purpose.

The uninterrupted or error-free operation of the Services.

The accuracy, reliability, or completeness of any information provided through the Services.

Mosheli does not guarantee that the Services will meet your specific requirements or that any issues will be resolved within a specific timeframe.

7.2 Exclusions of Liability

Mosheli is not liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to:

Loss of profits, revenue, data, or business opportunities.

Costs incurred for substitute services or solutions.

Damages resulting from unauthorized access, data breaches, or loss of data.

Damages related to system downtime, delays, or performance issues.

This exclusion applies even if Mosheli has been advised of the possibility of such damages or if such damages were foreseeable.

7.3 Third-Party Platforms

As Mosheli’s Services rely on integrations with third-party platforms, the following limitations apply:

Mosheli is not responsible for any outages, disruptions, or performance issues originating from third-party providers.

Mosheli does not guarantee the availability or functionality of third-party features, as these are subject to the providers’ terms and policies.

Any changes, discontinuation, or limitations imposed by third-party providers are beyond Mosheli’s control and may affect the availability or performance of the Services.

Users are encouraged to review the terms and conditions of these third-party providers to understand the scope of their responsibilities.

7.4 Force Majeure

Mosheli shall not be held liable for any failure or delay in performing its obligations under these TOS due to events beyond its reasonable control, including but not limited to:

Acts of God, such as earthquakes, floods, or natural disasters.

Acts of war, terrorism, or civil unrest.

Labor disputes or strikes.

Government actions, regulations, or restrictions.

Utility failures, internet outages, or interruptions in third-party services.

In such cases, Mosheli will make reasonable efforts to resume the affected Services as soon as practicable.

7.5 Limitations on Total Liability

In no event shall Mosheli’s aggregate liability to you exceed the total amount paid by you for the Services in the 12 months preceding the claim. If you have not paid Mosheli any fees during this period, Mosheli’s total liability shall be limited to $100.

This limitation applies to all claims, including but not limited to contract, tort (including negligence), and statutory claims.

7.6 User Responsibility for Mitigation

Users agree to take reasonable steps to mitigate any damages or losses arising from their use of the Services. This includes but is not limited to:

Backing up critical business data stored on the platform.

Promptly reporting issues to Mosheli’s support team for resolution.

Ensuring compliance with applicable laws and data protection regulations.

Mosheli is not liable for damages resulting from your failure to take preventive or corrective measures.

7.7 Data Loss and Security

While Mosheli implements industry-standard security measures, it cannot guarantee that unauthorized third parties will never bypass these measures or misuse your data. You acknowledge and agree that:

Mosheli is not liable for any data breaches, hacks, or unauthorized access to your account or data.

You are responsible for maintaining secure passwords and following best practices for account security.

If you believe your account has been compromised, you must notify Mosheli immediately.

7.8 No Liability for User Actions

Mosheli is not responsible for any actions or omissions by Users that result in harm, including but not limited to:

Violations of these TOS or third-party terms.

Unauthorized access to or misuse of the Services.

Mismanagement of campaigns, customer data, or other platform features.

Any consequences arising from User actions are solely the responsibility of the User.

7.9 Limitations in Specific Jurisdictions

Some jurisdictions do not allow the exclusion or limitation of certain types of liability. In such cases, the exclusions and limitations outlined in this section may not apply to you, but they will apply to the maximum extent permitted by law.

7.10 Indemnification

You agree to indemnify and hold Mosheli, its affiliates, and its respective officers, employees, and agents harmless from any claims, damages, liabilities, or expenses arising out of:

Your use of the Services in violation of these TOS.

Any content you upload, post, or share through the platform.

Your failure to comply with applicable laws or third-party terms.

Any disputes between you and third-party providers or customers.

Mosheli reserves the right to assume the exclusive defense of any claim for which you are required to indemnify Mosheli, at your expense.

7.11 Survival of Liability Terms

The provisions in this section survive the termination or expiration of your account or access to the Services. Even after your use of the Services ends, these limitations and exclusions of liability will continue to apply.

8. Indemnification
8.1 Scope of Indemnification

You agree to indemnify, defend, and hold harmless Mosheli, its affiliates, licensors, service providers, and their respective directors, officers, employees, contractors, agents, licensors, suppliers, successors, and assigns (collectively, the "Indemnified Parties") from and against any and all claims, liabilities, damages, losses, costs, or expenses, including reasonable attorneys' fees, arising out of or relating to:

Your violation of these Terms of Service.

Your use of the Services, including any data or content you upload, store, or otherwise process through the platform.

Your violation of any applicable laws, rules, or regulations.

Any disputes between you and third-party providers, customers, or other third parties.

Your infringement or alleged infringement of any intellectual property or privacy rights of any person or entity.

8.2 User Responsibilities

To fulfill your indemnification obligations, you agree to:

Promptly notify Mosheli of any claim or legal action that could potentially trigger indemnification.

Cooperate fully in the defense of the claim or legal action, including providing all necessary documentation, access, and assistance.

Refrain from settling or resolving any claims without Mosheli’s prior written consent, unless such settlement fully releases the Indemnified Parties without imposing liability or obligations on Mosheli.

Failure to comply with these responsibilities may result in your liability for any additional damages, costs, or fees incurred by Mosheli.

8.3 Mosheli's Role in Defense

Mosheli reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification. If Mosheli exercises this right:

You agree to cooperate fully with Mosheli in asserting any available defenses.

Mosheli will notify you promptly of its intention to take control of the defense.

Any legal expenses incurred by Mosheli in connection with the claim will not relieve you of your indemnification obligations.

8.4 Third-Party Claims

If a third party initiates a claim or action against Mosheli based on your actions or use of the Services, you agree to indemnify Mosheli against all costs, damages, and liabilities associated with the claim.

Examples include but are not limited to:

Claims arising from unauthorized marketing campaigns, spam emails, or SMS messages sent using the platform.

Disputes related to customer data stored or processed on the platform.

Violations of third-party intellectual property rights through User-generated content.

Mosheli is not liable for resolving such disputes and will seek indemnification for any costs incurred.

8.5 Intellectual Property Infringement

You agree to indemnify Mosheli against any claims alleging that content or data uploaded or processed by you infringes on the intellectual property rights of a third party. This includes but is not limited to:

Copyright infringement in uploaded images, videos, or text.

Trademark violations in marketing campaigns or advertisements.

Unauthorized use of third-party proprietary software or content.

Mosheli may remove any infringing content from its platform without prior notice to you and without liability for any resulting damages or losses.

8.6 Regulatory and Legal Violations

If your use of the Services results in legal or regulatory violations, including but not limited to violations of data protection laws, spam regulations, or consumer protection laws, you agree to indemnify Mosheli against:

Fines, penalties, or damages assessed by regulatory authorities.

Costs associated with legal representation or compliance efforts.

Any reputational harm to Mosheli resulting from your actions.

Examples of regulatory violations include unauthorized mass email campaigns that violate the CAN-SPAM Act or GDPR violations resulting from improper data collection practices.

8.7 Claims Related to Third-Party Platforms

You acknowledge that Mosheli integrates with third-party platforms. If your use of these platforms results in a claim against Mosheli, you agree to indemnify Mosheli for:

Costs and damages arising from breaches of the third-party platform’s terms and conditions.

Unauthorized access or misuse of third-party features through your account.

Disputes between you and the third-party platform unrelated to Mosheli’s services.

Mosheli will cooperate with you to resolve such claims but reserves the right to recover any associated costs through indemnification.

8.8 Limitation of Indemnification Obligations

Your indemnification obligations are subject to the following limitations:

Mosheli will not seek indemnification for claims arising solely from its own gross negligence or willful misconduct.

Your liability for indemnification will not exceed the total fees paid by you to Mosheli in the 12 months preceding the claim, unless the claim arises from intentional wrongdoing or fraud.

8.9 Survival of Indemnification Provisions

The indemnification obligations outlined in this section survive the termination or expiration of your account or access to the Services. Even after your use of the Services ends, you remain liable for any claims or liabilities arising from actions taken during your use of the platform.

9. Termination
9.1 Termination by Mosheli

Mosheli reserves the right to terminate or suspend your access to the Services at its sole discretion, with or without notice, for reasons including but not limited to:

Violation of TOS:

Breach of any provisions outlined in these Terms of Service or other applicable policies.

Non-Payment:

Failure to pay subscription fees or resolve outstanding balances within the designated timeframe.

Prohibited Activities:

Engaging in unlawful activities, spamming, intellectual property infringement, or other prohibited behaviors as defined in Section 5.

Threat to Security or Integrity:

Any activity that disrupts or threatens the security, stability, or performance of Mosheli’s Services, servers, or third-party integrations.

Mosheli will make reasonable efforts to notify you of the reason for termination unless prohibited by law or circumstances requiring immediate action.

9.2 Termination by User

You may terminate your subscription and access to the Services at any time by:

Submitting a cancellation request through your account dashboard.

Contacting Mosheli support at [email protected] with a written notice of termination.

Upon termination by the User:

Your account will remain active until the end of the current billing cycle, after which access will be revoked.

Subscription fees for the current billing cycle will not be refunded unless otherwise specified in Section 4.5 (Refund Policy).

Data associated with your account will be retained or deleted in accordance with Section 9.5 (Post-Termination Data Management).

9.3 Effect of Termination

Upon termination, regardless of the initiating party:

Immediate Suspension of Access:

You will lose access to all features and functionalities of the Services, including any third-party integrations provided through Mosheli.

Billing Obligations:

You remain responsible for any outstanding fees or charges incurred prior to termination.

Data and Content:

Mosheli may retain, delete, or transfer your account data as outlined in Section 9.5.

Termination does not absolve you of any indemnification obligations, payment responsibilities, or liabilities incurred before the date of termination.

9.4 Termination for Cause

In cases of termination for cause, such as fraud, illegal activities, or violations of intellectual property laws:

Mosheli reserves the right to pursue legal action to recover damages or enforce compliance with these TOS.

You forfeit any remaining subscription time, prepaid fees, or unused credits associated with your account.

Your account may be blacklisted or flagged, prohibiting future access to Mosheli’s Services.

9.5 Post-Termination Data Management

Following termination, Mosheli will handle your account data as follows:

Retention Period:

Data will be retained for a minimum of 30 days after termination to allow for account reactivation or data export, unless otherwise required by law.

Data Export:

Users may request a copy of their data during the retention period by contacting [email protected]. Data exports may be subject to additional fees.

Data Deletion:

After the retention period, Mosheli reserves the right to permanently delete all data associated with your account unless retention is required by applicable laws or regulations.

Mosheli is not liable for data loss resulting from account termination, whether initiated by the User or Mosheli.

9.6 Reactivation of Account

If your account is terminated due to non-payment or inactivity, you may request reactivation by:

Resolving any outstanding balances or payment issues.

Paying a reactivation fee, if applicable, to cover administrative costs.

Reactivation requests are subject to Mosheli’s approval and may require additional documentation to verify your identity or resolve the cause of termination.

9.7 Survival of Terms

The following provisions survive termination or expiration of your account:

Indemnification:

Section 8 remains in effect for claims arising from your use of the Services.

Limitation of Liability:

Section 7 continues to apply to any disputes or claims related to your use of the Services.

Intellectual Property:

Section 6 remains in effect to protect Mosheli’s proprietary rights.

Post-Termination Obligations:

Payment, billing, and data-related obligations outlined in this section.

9.8 No Waiver of Rights

Termination of your account does not waive Mosheli’s right to pursue legal action, recover damages, or enforce compliance with these TOS. Mosheli reserves all remedies available under law or equity.

9.9 Force Majeure

Mosheli shall not be liable for termination or suspension caused by events beyond its control, including but not limited to natural disasters, government actions, or disruptions in third-party services. See Section 7.4 for additional details on force majeure events.

9.10 Disputes Related to Termination

If you believe your account has been wrongfully terminated or suspended, you may submit a written dispute to [email protected] within 30 days of termination. The dispute must include:

Your account details (e.g., email address, subscription plan).

A description of the termination circumstances and why you believe it was wrongful.

Any supporting documentation or evidence.

Mosheli will review disputes and provide a resolution within a reasonable timeframe. However, reinstatement of access is not guaranteed and remains at Mosheli’s sole discretion.

10. Dispute Resolution
10.1 Informal Resolution

Mosheli is committed to resolving disputes promptly and efficiently. Before initiating formal legal action, you agree to contact Mosheli at [email protected] to attempt an informal resolution of any dispute, claim, or controversy arising out of or relating to these Terms of Service or your use of the Services.

You must provide a written description of the issue, including your account details and a summary of your claim.

Mosheli will review and respond within 30 days, making reasonable efforts to resolve the matter informally.

Failure to engage in this informal resolution process may result in dismissal of any formal claim you file.

10.2 Binding Arbitration

If a dispute cannot be resolved informally, you agree to submit the matter to binding arbitration as the exclusive means of resolving the dispute. Arbitration will be conducted in accordance with the rules of the

American Arbitration Association (AAA)

or a similar organization. The following terms apply:

Location:

Arbitration will take place in Oklahoma, unless both parties agree to a remote or alternative location.

Arbitrator:

The arbitration will be presided over by a single neutral arbitrator with expertise in the subject matter of the dispute.

Costs:

Each party will bear its own arbitration costs unless otherwise ordered by the arbitrator.

Scope:

The arbitrator’s decision will be final and binding, and may be entered as a judgment in any court of competent jurisdiction.

Arbitration replaces the right to file a lawsuit or participate in a class action, as outlined in Section 10.3.

10.3 Class Action Waiver

You agree that any dispute will be resolved on an individual basis. You waive the right to participate in any class, collective, or representative action against Mosheli.

This waiver includes class arbitration and actions filed on behalf of groups of individuals.

If this class action waiver is found unenforceable, the arbitration agreement in Section 10.2 shall be null and void with respect to the specific claim.

By agreeing to these Terms of Service, you acknowledge the waiver of these rights.

10.4 Governing Law

These Terms of Service and any disputes arising from them shall be governed by and construed in accordance with the laws of the State of Oklahoma, without regard to its conflict of law principles.

For Users located outside the United States, local laws may apply to certain aspects of these Terms, but disputes will still be governed by U.S. law where permitted.

10.5 Exceptions to Arbitration

The following claims are excluded from mandatory arbitration and may be resolved in court:

Claims related to Mosheli’s intellectual property rights, including copyright, trademark, or trade secret infringement.

Claims for injunctive relief or other equitable remedies.

For such claims, the courts located in Oklahoma will have exclusive jurisdiction.

10.6 Time Limitations

You must initiate any dispute resolution proceedings, whether arbitration or otherwise, within one (1) year of the date the dispute arose. Failure to do so constitutes a waiver of the claim.

This limitation does not apply to claims related to intellectual property violations.

10.7 Confidentiality of Proceedings

All arbitration proceedings, including but not limited to submissions, evidence, and decisions, will remain confidential. Neither party may disclose the existence, content, or outcome of the arbitration without the prior written consent of the other party, except as required by law.

10.8 Small Claims Court

Notwithstanding the above arbitration agreement, you may bring qualifying disputes in small claims court in Oklahoma if the claim falls within the court’s jurisdictional limits. Claims brought in small claims court must comply with all court procedures and requirements.

10.9 Attorneys' Fees

In the event of a dispute resolved through arbitration or litigation, the prevailing party is entitled to recover reasonable attorneys' fees and costs, unless prohibited by law or the arbitration rules.

10.10 Opt-Out Option

If you do not wish to be bound by the arbitration agreement and class action waiver, you must notify Mosheli in writing within 30 days of first accepting these Terms. Your notice must include:

Your name and account details.

A clear statement of your intent to opt out of arbitration and/or the class action waiver.

Opting out does not affect any other provisions of these Terms.

10.11 Modification of Dispute Resolution Terms

Mosheli reserves the right to modify this Dispute Resolution section with 30 days' notice to Users. Any changes will apply only to disputes arising after the modification’s effective date. Continued use of the Services constitutes acceptance of the updated terms.

11. Privacy and Data Use
11.1 Overview

Mosheli is committed to protecting your privacy and handling your data responsibly. This section outlines how your personal information and data are collected, stored, processed, and used in connection with our Services. By using the Services, you agree to the terms described in this section and in our

Privacy Policy, which is incorporated by reference into these Terms of Service.

11.2 Data Collection

Mosheli collects various types of data to provide and improve its Services. The types of data collected include but are not limited to:

Account Information:

Name, email address, phone number, billing information, and other details provided during registration.

Usage Data:

Information about how you interact with the Services, such as login history, feature usage, and support requests.

Customer Data:

Data you upload or input into the platform, such as customer contact information, marketing campaign details, and CRM entries.

Device Information:

IP addresses, browser types, operating systems, and other device-specific identifiers.

Mosheli uses cookies and similar tracking technologies to enhance user experience, analyze platform performance, and deliver targeted advertising.

11.3 Purpose of Data Use

The data collected by Mosheli is used for the following purposes:

Service Delivery:

To enable core functionalities, such as CRM tools, automated marketing, and integrations with third-party platforms.

Support and Troubleshooting:

To address technical issues, respond to support requests, and improve platform reliability.

Performance Optimization:

To monitor platform usage, identify trends, and make data-driven improvements.

Compliance:

To comply with legal and regulatory requirements, such as tax laws or data protection regulations.

Marketing and Communication:

To send promotional materials, newsletters, and service updates. Users may opt out of marketing communications at any time.

Your data will not be sold to third parties or used for purposes unrelated to the provision of the Services without your explicit consent.

11.4 Third-Party Data Sharing

Mosheli may share your data with trusted third parties to facilitate the operation of the Services. These third parties include:

Third-Party Platforms:

Providers which power core functionalities of the platform.

Payment Processors:

To securely process subscription fees and manage billing information.

Service Providers:

Vendors that assist with customer support, analytics, or infrastructure hosting.

Mosheli ensures that all third-party partners adhere to strict data protection standards and only process your data as necessary to perform their designated functions.

11.5 User Responsibilities for Data Compliance

As a User, you are responsible for ensuring that your use of the Services complies with all applicable data protection laws, including but not limited to:

GDPR Compliance:

If you operate in the European Union, you must ensure that customer data is collected and processed in accordance with the General Data Protection Regulation (GDPR).

CCPA Compliance:

If you serve California residents, you must comply with the California Consumer Privacy Act (CCPA).

Customer Consent:

You must obtain all necessary consents from your customers before collecting or processing their data through Mosheli’s platform.

Mosheli is not liable for any violations of data protection laws resulting from your use of the Services.

11.6 Data Security

Mosheli employs industry-standard security measures to protect your data, including:

Encryption of sensitive data during transmission and storage.

Secure authentication mechanisms to prevent unauthorized access.

Regular audits and monitoring of platform security.

While Mosheli takes these precautions, no system is completely secure. You acknowledge that you are responsible for maintaining the security of your account credentials and for taking reasonable measures to protect your data.

11.7 Data Retention

Mosheli retains your data for as long as necessary to provide the Services or comply with legal obligations. Retention policies include:

Active Accounts:

Data is retained for the duration of your subscription.

Terminated Accounts:

Data is retained for 30 days following account termination to allow for reactivation or data export.

Legal Retention Requirements:

Certain data may be retained beyond this period if required by law or for dispute resolution.

After the retention period, Mosheli will securely delete or anonymize your data.

11.8 Data Export and Portability

You may request a copy of your data at any time by contacting Mosheli support. Mosheli will provide the data in a commonly used, machine-readable format within a reasonable timeframe. Data export requests are subject to the following conditions:

Users must have an active account or make the request within the 30-day retention period after termination.

Mosheli may charge a fee for large or complex data export requests.

11.9 Data Breach Notification

In the event of a data breach affecting your personal information, Mosheli will:

Notify you within a reasonable timeframe after becoming aware of the breach.

Provide details about the breach, including the type of data affected and steps taken to mitigate the impact.

Assist you in complying with any legal obligations related to breach notification, where applicable.

11.10 Opt-Out Options

You have the right to control how Mosheli uses your data. Options include:

Marketing Communications:

You can opt out of receiving promotional emails by using the unsubscribe link provided in the email or contacting [email protected].

Cookies and Tracking:

You can manage cookie preferences through your browser settings or Mosheli’s cookie consent tool.

Opting out of certain data uses may affect your ability to fully utilize the Services.

11.11 Cross-Border Data Transfers

Mosheli operates globally, and your data may be transferred to and processed in countries outside your jurisdiction, including the United States. By using the Services, you consent to the transfer of your data to these locations. Mosheli ensures that all cross-border data transfers comply with applicable legal requirements, including GDPR safeguards for EU residents.

11.12 User Rights

Depending on your jurisdiction, you may have certain rights regarding your personal data, including:

Right to Access:

Request a copy of the data Mosheli has collected about you.

Right to Rectification:

Correct inaccuracies or update your data.

Right to Deletion:

Request the deletion of your data, subject to legal retention requirements.

Right to Restrict Processing:

Limit how Mosheli uses your data in certain situations.

Right to Data Portability:

Transfer your data to another service provider.

To exercise these rights, contact Mosheli at [email protected]. Requests will be addressed within the timeframes required by applicable law.

11.13 Policy Updates

Mosheli reserves the right to update this Privacy and Data Use section at any time. Changes will be communicated via email or in-app notifications, and the updated terms will be posted on the Mosheli website. Continued use of the Services constitutes acceptance of the updated terms.

12. General Provisions
12.1 Entire Agreement

These Terms of Service, along with Mosheli’s Privacy Policy and any other policies or agreements expressly incorporated herein, constitute the entire agreement between you and Mosheli regarding the use of the Services. This agreement supersedes all prior or contemporaneous communications, proposals, or agreements, whether oral or written, related to the Services.

If any provision of these Terms of Service is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.

12.2 Waiver and Severability
Waiver:

Mosheli’s failure to enforce any right or provision of these Terms of Service does not constitute a waiver of such right or provision. Any waiver must be made explicitly and in writing to be effective.

Severability:

If any provision of these Terms is deemed invalid, unlawful, or unenforceable, it will be replaced by a valid provision that most closely matches the intent of the original provision. The remainder of the agreement will remain enforceable.

12.3 Assignment

You may not assign or transfer your rights or obligations under these Terms of Service without prior written consent from Mosheli. Mosheli may assign its rights and obligations under these Terms of Service without your consent in the event of:

A merger, acquisition, or sale of assets.

A corporate restructuring or transfer of ownership.

A transfer of rights and obligations to an affiliate or subsidiary.

Any attempted assignment or transfer in violation of this section will be null and void.

12.4 Third-Party Beneficiaries

These Terms of Service are intended solely for the benefit of you and Mosheli. Except as expressly provided herein, they do not confer any rights, benefits, or remedies on any third party. However, Mosheli’s licensors, affiliates, and service providers are considered third-party beneficiaries to the extent necessary to enforce their rights under these Terms.

12.5 Force Majeure

Mosheli is not responsible for any failure or delay in fulfilling its obligations under these Terms due to circumstances beyond its reasonable control, including but not limited to:

Natural disasters, acts of God, or extreme weather conditions.

War, terrorism, civil unrest, or political instability.

Labor disputes, strikes, or shortages of materials.

Power outages, internet disruptions, or failures of third-party service providers.

Government actions, laws, or regulations that restrict or prohibit the delivery of the Services.

In the event of a force majeure, Mosheli will make reasonable efforts to resume Services as quickly as possible but is not liable for any damages resulting from the delay or failure to perform.

12.6 Notices

All notices or communications required or permitted under these Terms of Service must be sent:

To Mosheli:

By email at [email protected].

To Users:

To the email address or physical address provided during registration.

Notices will be deemed delivered:

Upon receipt of an email, provided there is no bounce-back or error message.

Three business days after mailing, if sent via certified mail with return receipt requested.

Users are responsible for ensuring that their contact information is accurate and up to date to receive notices.

12.7 Governing Language

These Terms of Service are provided in English. In the event of any translation, the English version will prevail in the case of conflicts or inconsistencies.

12.8 Relationship Between the Parties

Nothing in these Terms of Service creates a partnership, joint venture, agency, or fiduciary relationship between you and Mosheli. You agree that:

Mosheli provides the Services as an independent contractor.

You have no authority to bind or represent Mosheli in any manner unless explicitly authorized in writing.

12.9 Export Controls and Restricted Use

You agree to comply with all applicable export laws and regulations when using the Services. You may not:

Use the Services in a jurisdiction where such use is prohibited by law.

Export, re-export, or transfer the Services or any associated data in violation of applicable export control laws, including those of the United States.

Mosheli reserves the right to terminate access for Users in restricted territories or engaging in prohibited activities.

12.10 Jurisdiction and Governing Law

These Terms of Service and any disputes arising from them are governed by the laws of the State of Oklahoma, without regard to its conflict of law principles. You agree to submit to the exclusive jurisdiction of the courts located in Oklahoma for the resolution of any disputes not subject to arbitration.

For Users outside the United States, you are responsible for ensuring compliance with local laws. Use of the Services may not be permitted in certain countries or jurisdictions.

12.11 Survival of Terms

The following provisions survive termination of your account or access to the Services:

Section 6 (Intellectual Property)

Section 7 (Limitation of Liability)

Section 8 (Indemnification)

Section 10 (Dispute Resolution)

Section 11 (Privacy and Data Use)

Section 12 (General Provisions)

These sections remain enforceable to the fullest extent permitted by law.

12.12 Amendments

Mosheli reserves the right to modify or update these Terms of Service at its sole discretion. Amendments will take effect on the date specified in the updated Terms. Users will be notified of material changes via email or through the platform. Continued use of the Services after the effective date constitutes acceptance of the updated Terms.

12.13 Feedback and Contact Information

If you have questions about these Terms of Service or wish to provide feedback, you may contact Mosheli at:

Mosheli Creative Solutions LLC

Phone: 405-977-3448

Email: [email protected]

Mosheli values User feedback and may use it to improve the Services. However, providing feedback does not entitle you to compensation or recognition.