Last Updated: August 29, 2024
These Terms of Service (”Terms”) describes our commitments to you, and your rights and responsibilities when using our services. Please read them carefully and reach out to us if you have any questions. If you don’t agree to these Terms, don’t use our services.
If you are a user in countries located in the European Economic Area, Switzerland, or the United Kingdom (“European User”), some special terms apply to you as mentioned below.
These Terms govern your access to and use of the products and services we provide.
These Terms also govern visitors’ access to and use of any websites that use our Services, like the websites that our users create using Cosmos CMS. Please note though that the operators of those websites may also have their own separate terms of use.
Please read these Terms carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to be bound by all of the Terms and all other operating rules, policies, and procedures that we may publish via the Services from time to time (collectively, the “Agreement”). You also agree that we may automatically change, update, or add on to our Services as stated in the Terms, and the Agreement will apply to any changes.
“You” means any individual or entity using our Services. If you use our Services on behalf of another person or entity, you represent and warrant that you’re authorized to accept the Agreement on that person’s or entity’s behalf, that by using our Services you’re accepting the Agreement on behalf of that person or entity, and that if you, or that person or entity, violates the Agreement, you and that person or entity agree to be responsible to us.
Please see below to determine which entity your Agreement is with, which depends on where you reside and which Services you use. We use the term “Designated Countries” to refer to Australia, Canada, Japan, Mexico, New Zealand, Russia, and all countries located in Europe.
Moonrise Software, LLC.
We refer to Moonrise Software, LLC. as “us,” or “we," or "Moonrise," or "Moonrise Software" throughout these Terms.
Using our Services requires an account, and you agree to provide us with complete and accurate information, and to keep the information current so that we can communicate with you about your account. We may need to send you emails about notable updates (like changes to our Terms of Service or Privacy Policy), or to let you know about legal inquiries or complaints we receive about the ways you use our Services so you can make informed choices in response.
We may limit your access to our Services until we’re able to verify your account information, like your email address.
When you create an account with us, we consider that to be an inquiry about our products and services, which means that we may also contact you to share more details about what we have to offer (i.e., marketing). Don’t worry — if you aren’t interested, you can opt out of the marketing communications, whether it’s an email, phone call, or text message.
You’re solely responsible and liable for all activity under your account. You’re also fully responsible for maintaining the security of your account (which includes keeping your password secure). We’re not liable for any acts or omissions by you, including any damages of any kind incurred as a result of your acts or omissions. If you get fired because of a blog post you write about your boss, that’s on you.
Don’t share or misuse your access credentials. And notify us immediately of any unauthorized uses of your account, store, or website, or of any other breach of security. If we believe your account has been compromised, we may suspend or disable it.
If you’d like to learn about how we handle the data you provide us, please see our Privacy Policy.
Our Services are not directed to children. You’re not allowed to access or use our Services if you’re under the age of 13 (or 16 in Europe). If you register as a user or otherwise use our Services, you represent that you’re at least 13 (or 16 in Europe). You may use our Services only if you can legally form a binding contract with us. In other words, if you’re under 18 years of age (or the legal age of majority where you live), you can only use our Services under the supervision of a parent or legal guardian who agrees to the Agreement.
We haven’t reviewed, and can’t review, all of the content (like text, photo, video, audio, code, computer software, items for sale, and other materials) posted to or made available through our Services by users or anyone else (”Content”) or on websites that link to, or are linked from, our Services. We’re not responsible for any use or effects of Content or third-party websites. So, for example:
Please note that additional third-party terms and conditions may apply to Content you download, copy, purchase, or use.
Fees for Paid Services. Some of our Services are offered for a fee, like certain software support plans and services. This section applies to any purchases of Paid Services.
By using a Paid Service, you agree to pay the specified fees. Depending on the Paid Service, there may be different kinds of fees, like some that are one-time, recurring, revenue-based, or based on an advertising campaign budget that you set. For recurring fees (AKA subscriptions), your subscription begins on your purchase date, and we’ll bill or charge you in the automatically-renewing interval (such as monthly, annually, or biennially) you select, on a pre-pay basis until you cancel, which you can do at any time by contacting the relevant support team.
Taxes. To the extent permitted by law, or unless explicitly stated otherwise, all fees do not include applicable federal, provincial, state, local or other governmental sales, value-added, goods and services, harmonized or other taxes, fees, or charges (”Taxes”). You’re responsible for paying all applicable Taxes relating to your use of our Services, your payments, or your purchases. If we’re obligated to pay or collect Taxes on the fees you’ve paid or will pay, you’re responsible for those Taxes, and we may collect payment from you.
Payment. You must provide accurate and up-to-date payment information. By providing your payment information, you authorize us to store it until you request deletion. If your payment fails, we suspect fraud, or Paid Services are otherwise not paid for or paid for on time (for example, if you contact your bank or credit card company to decline or reverse the charge of fees for Paid Services), we may immediately cancel or revoke your access to Paid Services without notice to you. You authorize us to charge any updated payment information provided by your bank or payment service provider (e.g., new expiration date) or other payment methods provided if we can’t charge your primary payment method.
**Automatic Renewal.**By enrolling in a subscription, you authorize us to automatically charge the then-applicable fees and Taxes for each subsequent subscription period until the subscription is canceled. If you received a discount, used a coupon code, or subscribed during a free trial or promotion, your subscription will automatically renew for the full price of the subscription at the end of the discount period. This means that unless you cancel a subscription, it’ll automatically renew and we’ll charge your payment method(s). You must cancel at least one month before the scheduled end date of any annual subscription and at least 24 hours before the end of any shorter subscription period. The date for the automatic renewal is based on the date of the original purchase and cannot be changed. If you’ve purchased access to multiple services, you may have multiple renewal dates.
You can view your renewal date(s), cancel, or manage subscriptions by contacting the support team.
Fees and Changes. We may change our fees at any time in accordance with these Terms and requirements under applicable law. This means that we may change our fees going forward, start charging fees for Services that were previously free, or remove or update features or functionality that were previously included in the fees. If you don’t agree with the changes, you must cancel your Paid Service.
Refunds. We may have a refund policy for some of our Paid Services, and we’ll also provide refunds if required by law. In all other cases, there are no refunds and all payments are final.
We may have a “no-show policy” for some Paid Services that require your participation. This means that if you don’t show up for, don’t participate in, or are late for a scheduled session, you’ll still be charged for the Paid Service and won’t be entitled to a refund.
European Users: You have the right to withdraw from the transaction within fourteen (14) days from the date of the purchase without giving any reason as long as your purchase was not of a customized nature, the service has not been fully performed, or subject to other limitations as permitted by law. For digital content, you agree that any purchase of digital content will be made available to you immediately and as a result you waive any right of withdrawal to such content.
If you cancel this contract, we will reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your cancellation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; you will not be charged for this repayment. If you have requested that we begin our services during the withdrawal period, you will pay us a reasonable amount corresponding to the services already provided up to the time you notify us of the exercise of the withdrawal right compared to the total scope of the services provided for in the contract. If you cancel your contract with us, you will refrain from using the digital content or digital services or making them available to third parties.
You may exercise your right to withdrawal by sending a clear, written request to: Moonrise Software, LLC Solutions, Inc. 10080 N Wolfe Road Suite 200, Cupertino, CA, 95014, USA.
Fees Paid to Websites or Website Owners. Website owners can sell items (goods, content, services, etc.), offer subscriptions for their websites at specific price points and intervals, or simply collect payments. We’re not involved in a website’s subscription details or store operations (including the quality, timing, pricing, or legality of what may or may not be included in exchange for payment, or any goods or services purchased). If you buy items or subscriptions from a website, you’re making the purchase directly from the website owner, and they’re solely responsible for the items sold. Please contact the website owner if you have any questions or complaints.
We love hearing from you and are always looking to improve our Services. When you share comments, ideas, or feedback with us, you agree that we’re free to use them without any restriction or compensation to you.
Our mission is to make the web a better place, and our Services are designed to give you control and ownership over your websites. We encourage you to express yourself freely, subject to a few requirements. In particular, you represent and warrant that your use of our Services:
Cosmos CMS enables you to create beautiful websites and blogs, and we would love for you to use it. A Cosmos CMS account also allows you to sign into some of our other Services.
Cosmos CMS is free to install and use, but you may pay Microsoft for resources used in Azure. We do offer paid plans for Cosmos CMS website hosting on a case-by-case basis. We do not own your content on websites hosted with us, or built with Cosmos CMS, and you retain all ownership rights you have in the content you post to your website. However, be responsible in what you publish. In particular, make sure that nothing prohibited (like spam, viruses, or serious threats of violence) appears on your website.
If you find a Cosmos CMS website that you believe violates these Terms, please let us know.
Your Website’s URL. If you create a website with Moonrise and/or Cosmos CMS, you may get free use of an Moonrise Software subdomain, like yourgroovysite.moonrise.net. You must not engage in “domain squatting,” claim an unreasonable number of subdomains (as determined by us), or sell access to any subdomains.
License. By uploading or sharing Content, you grant us a worldwide, royalty-free, transferable, sub-licensable, and non-exclusive license to use, reproduce, modify, distribute, adapt, publicly display, and publish the Content solely for the purpose of providing and improving our products and Services and promoting your website.
Removing Content. If you delete Content, we’ll use reasonable efforts to remove it from public view (or in the case of a private website, from view by the authorized visitors), but you acknowledge that cached versions of the Content or references to the Content may not be immediately unavailable.
Web Traffic. We may use a third-party service to measure audience and usage hosted by Moonrise--not those websites hosted by you.
Prohibited Uses. Your Content and conduct must not violate the User Guidelines,.
Attribution. We may display attribution text or links in your website footer or toolbar, noting that your website is powered by Moonrise Software or attributing the creator of your website design, for example. For more details about these attributions, and under which circumstances (if any) you may alter or remove them, please conact customer support.
Domain Names. We act as a registrar and also work with third-party registrars to provide domain name services. When you register a domain with Moonrise or transfer an existing domain to us, the policies of the respective registry (Go Daddy or Microsoft Azure) apply, and you become bound by the relevant registrar’s terms and conditions.
Your domain is also subject to the policies of the Internet Corporation for Assigned Names and Numbers (”ICANN”). You can read about your rights and responsibilities as a domain name registrant under ICANN’s Registrar Accreditation Agreement and about domain name registration generally.
For details about what happens during the domain expiration process and how we may notify you about domain expirations, please contact our customer support.
When you register a domain, you’re required to provide complete and accurate registration information, and you must keep this information current. In most cases, the contact information you provide as part of the registration process will be used as your administrative contact, technical contact, and billing contact for the domain. You can update your domain contact information at any time.
As we ask others to respect our intellectual property rights, we respect the intellectual property rights of others. If you believe any Content violates your copyright, please send us a notice.
The Agreement doesn’t transfer any Moonrise Software or third-party intellectual property to you, and all right, title, and interest in and to such property remains (as between Moonrise Software and you) solely with Moonrise. Moonrise Software trademarks, service marks, graphics, and logos used in connection with our websites or Services are trademarks or registered trademarks of Moonrise (or Moonrise licensors). Other trademarks, service marks, graphics, and logos used in connection with our Services may be the trademarks of other third parties. Using our Services doesn’t grant you any right or license to reproduce or otherwise use any Moonrise or third-party trademarks.
While using the Services, you may enable, use, or purchase services, products, software, embeds, or applications (like themes, extensions, plugins, blocks, or point-of-sale terminals) provided or manufactured by a third party or yourself (”Third-Party Services”).
If you use any Third-Party Services, you understand and agree that:
In rare cases we may at our discretion, suspend, disable, or remove Third-Party Services from your account or website.
If you purchase Google Workspace or G Suite, there are a few other things we want to highlight: these services are provided by Google, and your use of them is subject to Google’s Terms of Use for the services, which you’ll accept before using Google Workspace or G Suite for the first time. We’re an authorized reseller of Google Workspace and G Suite, but make no warranties about Google’s services, and disclaim Google’s liability for any damages arising from our distribution and resale of their services. Google will provide technical support for its services, per its Technical Support Services Guidelines.
We may modify the Terms from time to time, for example, to reflect changes to our Services (e.g., adding new features or benefits to our Services or retiring certain features of certain Services) or for legal, regulatory, or security reasons. If we do this, we’ll provide notice of the changes, such as by posting the amended Terms and updating the “Last Updated” date or, if the changes, in our sole discretion, are material, we may notify you through our Services or other communications. Any changes will apply on a going-forward basis, and, unless we say otherwise, the amended Terms will be effective immediately. By continuing to use our Services after we’ve notified you, you agree to be bound by the new Terms. You have the right to object to any changes at any time by ceasing your use of our Services and canceling any subscription you have.
We may terminate your access to all or any part of our Services at any time, with or without cause or notice, effective immediately, including if we believe, in our sole discretion, that you have violated this Agreement, any service guidelines, or other applicable terms. We have the right (though not the obligation) to (i) reclaim your username or website’s URL due to prolonged inactivity, (ii) refuse or remove any content that, in our reasonable opinion, violates any part of this Agreement or any Moonrise policy, or is in any way harmful or objectionable, (iii) ask you to make adjustments, restrict the resources your website uses, or terminate your access to the Services, if we believe your website’s storage or bandwidth usage burdens our systems (which is rare and typically only occurs when a website is used for file sharing or storage), or (iv) terminate or deny access to and use of any of our Services to any individual or entity for any reason. We will have no obligation to provide a refund of any fees previously paid.
You can stop using our Services at any time, or, if you use a Paid Service, you can cancel at any time, subject to the Fees, Payment, and Renewal section of these Terms.
Our Services are provided “as is.” Moonrise and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, to the maximum extent allowed by applicable law, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Moonrise, nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.
Except to the extent any applicable law provides otherwise, the Agreement and any access to or use of our Services will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions and the application of the United Nations Convention of Contracts for the International Sale of Goods, and the proper venue for any disputes arising out of or relating to the Agreement and any access to or use of our Services will be the state and federal courts located in San Francisco County, California, U.S.A. Nothing in this Agreement affects your rights as a consumer to rely on mandatory provisions in your country of residence.
In no event will Moonrise, or its suppliers, partners, or licensors, be liable (including for any third-party products or services purchased or used through our Services) with respect to any subject matter of the Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed $50 or the fees paid by you to Moonrise under the Agreement during the twelve (12) month period prior to the cause of action, whichever is greater. Moonrise shall have no liability for any failure or delay due to matters beyond its reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
European Users: If we cause damage to you and you are a consumer in Europe, we limit our liability to the maximum amount permissible in your country of residence. Liability will be limited to foreseeable damages arising due to a breach of material contractual obligations typical for this type of contract. Moonrise isn’t liable for damages that result from a non-material breach of any other applicable duty of care. This limitation of liability will not apply to any statutory liability that cannot be limited, to liability for death or personal injury caused by our negligence, liability caused by our willful misconduct or gross negligence, or our responsibility for something we have specifically promised to you. You and we agree that we and our affiliates’ total liability is limited to the greater of $50 or the amount paid by you to use our Services during the 12 months preceding the claim; To the extent that our liability is limited or excluded, the limitations or exclusions will also apply to the personal liability of our employees, legal representatives, and vicarious agents.
You agree to indemnify and hold harmless Moonrise, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all losses, liabilities, demands, damages, costs, claims, and expenses, including attorneys’ fees, arising out of or related to your use of our Services, including but not limited to your violation of the Agreement or any agreement with a provider of third-party services used in connection with the Services or applicable law, Content that you post, and any ecommerce activities conducted through your or another user’s website.
You agree that our ability to provide our Services to you is subject to compliance with US sanctions that restrict or prohibit who or from where our Services can be accessed. By using the Services, you represent and warrant that you (i) are not located or residing in any country or territory subject to comprehensive US sanctions (currently Cuba, Crimea, Iran, North Korea, Donetsk People’s Republic, Luhansk People’s Republic, and Syria); (ii) are not listed on any United States list of prohibited or restricted parties, such as OFAC’s Specially Designated Nationals and Persons List, or otherwise subject to US sanctions that would prohibit your access to or use of our Services; and (iii) shall not use or allow access by any of your customers or potential customers (if applicable) to the Services in any manner that may cause Moonrise to violate US export controls and sanctions. We reserve the right to restrict or block your access, or access by any of your customers or potential customers (if applicable), to the Services and/or to terminate the Agreement at any time without notice if we determine, at our sole discretion, that such access may cause a violation or create unacceptable risk to us under export controls or sanctions.
If you need a data processing agreement (DPA) with us for the GDPR requirements that apply to us as a data processor for your website, please contact us.
These Terms were originally written in English (US). We may translate these terms into other languages, and in the event of a conflict between a translated version of these Terms and the English version, the English version will control.
The Agreement (together with any other terms we provide that apply to any specific Service) constitutes the entire agreement between Moonrise and you concerning our Services. If any part of the Agreement is unlawful, void, or unenforceable, that part is severable from the Agreement, and does not affect the validity or enforceability of the rest of the Agreement. A waiver by either party of any term or condition of the Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
Moonrise Software may assign its rights under the Agreement without condition. You may only assign your rights under the Agreement with our prior written consent.