Moonstream Terms of Service

Welcome to Moonstream! Please read these Terms of Service before accessing or using Moonstream.

Definitions

1. An "Account" represents your legal relationship with Simiotics, Inc. A “User Account” represents an individual User’s authorization to log in to and use the Service and serves as a User’s identity on Moonstream. “Groups” represent teams of users. A User Account can be a member of any number of Groups.

2. The “Agreement” refers, collectively, to all the terms, conditions, notices contained or referenced in this document (the “Terms of Service” or the "Terms") and all other operating rules, policies (including the Moonstream Privacy Statement) and procedures that we may publish from time to time on the Website.

3. “Content” refers to content featured or displayed through the Website, including without limitation code, text, data, articles, images, photographs, graphics, software, applications, packages, designs, features, and other materials that are available on the Website or otherwise available through the Service. "Content" also includes Services. “User-Generated Content” is Content, written or otherwise, created or uploaded by our Users. "Your Content" is Content that you create or own.

4. “Moonstream“, “Bugout”, “Simiotics”, “We,” and “Us” refer to Simiotics, Inc., as well as our affiliates, directors, subsidiaries, contractors, licensors, officers, agents, and employees.

5. The “Service” refers to the applications, software, products, and services provided by Simiotics.

6. “The User,” “You,” and “Your” refer to the individual person, company, or organization that has visited or is using the Website or Service; that accesses or uses any part of the Account; or that directs the use of the Account in the performance of its functions. A User must be at least 13 years of age.

7. The “Website” refers to Moonstream’s website located at moonstream.to, and all content, services, and products provided by Moonstream at or through the Website. It also refers to subdomains of moonstream.to, such as blog.moonstream.to. Occasionally, websites owned by Moonstream may provide different or additional terms of service. If those additional terms conflict with this Agreement, the more specific terms apply to the relevant page or service.

Account Terms

Account Controls

Subject to these Terms, you retain ultimate administrative control over your User Account and the Content within it.

The "owner" of a Group that was created under these Terms has ultimate administrative control over that Group and the Content within it. Within the Service, an owner can manage User access to the Group’s data and projects. A Group may have multiple owners, but there must be at least one User Account designated as an owner of a Group. If you are the owner of an Group under these Terms, we consider you responsible for the actions that are performed on or through that Group.

Required Information

You must provide a valid email address in order to complete the signup process. Any other information requested, such as your real name, is optional, unless you are accepting these terms on behalf of a legal entity (in which case we need more information about the legal entity) or if you opt for a paid Account, in which case additional information will be necessary for billing purposes.

Account Requirements

We have a few simple rules for User Accounts on Moonstream's Service. You must be a human to create an Account. Accounts registered by "bots" or other automated methods are not permitted.

We do permit machine accounts. A machine account is an Account set up by an individual human who accepts the Terms on behalf of the Account, provides a valid email address, and is responsible for its actions. A machine account is used exclusively for performing automated tasks. Multiple users may direct the actions of a machine account, but the owner of the Account is ultimately responsible for the machine's actions. You may maintain no more than one free machine account in addition to your free User Account.

One person or legal entity may maintain no more than one free Account (if you choose to control a machine account as well, that's fine, but it can only be used for running a machine).

You must be age 13 or older. If we learn of any User under the age of 13, we will terminate that User’s Account immediately. If you are a resident of a country outside the United States, your country’s minimum age may be older; in such a case, you are responsible for complying with your country’s laws.

Your login may only be used by one person — i.e., a single login may not be shared by multiple people.

A paid Group may only provide access to as many User Accounts as your subscription allows.

User Account Security

You are responsible for keeping your Account secure while you use our Service. The content of your Account and its security are up to you. You are responsible for all content posted and activity that occurs under your Account. You are responsible for maintaining the security of your Account and password. Moonstream cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.

You will promptly notify Moonstream if you become aware of any unauthorized use of, or access to, our Service through your Account, including any unauthorized use of your password or Account.

Acceptable Use

Your use of the Website and Service must not violate any applicable laws, including copyright or trademark laws, export control or sanctions laws, or other laws in your jurisdiction. You are responsible for making sure that your use of the Service is in compliance with laws and any applicable regulations.

User-Generated Content

Responsibility for User-Generated Content

You may create or upload User-Generated Content while using the Service. You are solely responsible for the content of, and for any harm resulting from, any User-Generated Content that you post, upload, link to or otherwise make available via the Service, regardless of the form of that Content. We are not responsible for any public display or misuse of your User-Generated Content.

Moonstream May Remove Content

We have the right to refuse or remove any User-Generated Content that, in our sole discretion, violates any laws or Moonstream terms or policies.

Ownership of Content, Right to Post, and License Grants

You retain ownership of and responsibility for Your Content. If you're posting anything you did not create yourself or do not own the rights to, you agree that you are responsible for any Content you post; that you will only submit Content that you have the right to post; and that you will fully comply with any third party licenses relating to Content you post.

Because you retain ownership of and responsibility for Your Content, we need you to grant us — and other Moonstream Users — certain legal permissions. These license grants apply to Your Content. If you upload Content that already comes with a license granting Moonstream the permissions we need to run our Service, no additional license is required. You understand that you will not receive any payment for any of these granted rights. The licenses you grant to us will end when you remove Your Content from our servers, unless other Users have cloned it.

License Grant to Us

We need the legal right to do things like host Your Content, publish it, and share it. You grant us and our legal successors the right to store, archive, parse, and display Your Content, and make incidental copies, as necessary to provide the Service, including improving the Service over time. This license includes the right to do things like copy it to our database and make backups; show it to you and other users; parse it into a search index or otherwise analyze it on our servers; share it with other users; and perform it, in case Your Content is something like music or video. This license does not grant Moonstream the right to sell Your Content. It also does not grant Moonstream the right to otherwise distribute or use Your Content outside of our provision of the Service.

License Grant to Other Users

Any User-Generated Content you post publicly may be viewed by others. By setting your content to be viewed publicly, you agree to allow others to view and "clone" your content (this means that others may make their own copies of Your Content). If you set your Content to be viewed publicly, you grant each User of Moonstream a nonexclusive, worldwide license to use, display, and perform Your Content through the Moonstream Service and to reproduce Your Content solely on Moonstream as permitted through Moonstream's functionality (for example, through cloning). If you are uploading Content you did not create or own, you are responsible for ensuring that the Content you upload is licensed under terms that grant these permissions to other Moonstream Users.

Moral Rights

You retain all moral rights to Your Content that you upload, publish, or submit to any part of the Service, including the rights of integrity and attribution. However, you waive these rights and agree not to assert them against us, to enable us to reasonably exercise the rights granted above, but not otherwise.

To the extent this agreement is not enforceable by applicable law, you grant Moonstream the rights we need to use Your Content without attribution and to make reasonable adaptations of Your Content as necessary to render the Website and provide the Service.

Private Content

Control of Private Content

Some Accounts may have private content -- for example, groups or journals -- which allow the User to control access to Content.

Confidentiality of Private Content

Moonstream considers private content to be confidential to you. Moonstream will protect the contents of private repositories from unauthorized use, access, or disclosure in the same manner that we would use to protect our own confidential information of a similar nature and in no event with less than a reasonable degree of care.

Access

Moonstream personnel may only access the content of your private content in the situations described in our Privacy Policy.

Additionally, we may be compelled by law to disclose your private content.

Intellectual Property Notice

Moonstream's Rights to Content

Moonstream and our licensors, vendors, agents, and/or our content providers retain ownership of all intellectual property rights of any kind related to the Website and Service. We reserve all rights that are not expressly granted to you under this Agreement or by law.

API Terms

Abuse or excessively frequent requests to Moonstream via the API may result in the temporary or permanent suspension of your Account's access to the API. Moonstream, in our sole discretion, will determine abuse or excessive usage of the API. We will make a reasonable attempt to warn you via email prior to suspension.

You may not share API tokens to exceed Moonstream's rate limitations.

You may not use the API to download data or Content from Moonstream for spamming purposes, including for the purposes of selling Moonstream users' personal information, such as to recruiters, headhunters, and job boards.

All use of the Moonstream API is subject to these Terms of Service and the Moonstream Privacy Policy.

Moonstream may offer subscription-based access to our API for those Users who require high- throughput access or access that would result in resale of Moonstream's Service.

Payment

Pricing

If you agree to a subscription price, that will remain your price for the duration of the payment term; however, prices are subject to change at the end of a payment term.

Authorization

By agreeing to these Terms, you are giving us permission to charge your on-file credit card, PayPal account, or other approved methods of payment for fees that you authorize for Moonstream.

Responsibility for Payment

You are responsible for all fees, including taxes, associated with your use of the Service. By using the Service, you agree to pay Moonstream any charge incurred in connection with your use of the Service. If you dispute the matter, contact us. You are responsible for providing us with a valid means of payment for paid Accounts. Free Accounts are not required to provide payment information.

Cancellation and Termination

Account Cancellation

It is your responsibility to properly cancel your Account with Moonstream. You can cancel your Account at any time by contacting us by email (info@moonstream.to).

Upon Cancellation

We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements, but barring legal requirements, we will delete your full profile and the Content of your repositories within 90 days of cancellation or termination (though some information may remain in encrypted backups). This information can not be recovered once your Account is cancelled.

We will not delete Content that you have contributed to Groups or that other Users have cloned.

Upon request, we will make a reasonable effort to provide an Account owner with a copy of your lawful, non-infringing Account contents after Account cancellation, termination, or downgrade.

You must make this request within 90 days of cancellation, termination, or downgrade.

Moonstream May Terminate

Moonstream has the right to suspend or terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately.

Moonstream reserves the right to refuse service to anyone for any reason at any time.

Survival

All provisions of this Agreement which, by their nature, should survive termination will survive termination — including, without limitation: ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Communications with Moonstream

For contractual purposes, you (1) consent to receive communications from us in an electronic form via the email address you have submitted or via the Service; and (2) agree that all Terms of Service, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that those communications would satisfy if they were on paper. This section does not affect your non-waivable rights.

Disclaimer of Warranties

Moonstream provides the Website and the Service “as is” and “as available,” without warranty of any kind. Without limiting this, we expressly disclaim all warranties, whether express, implied or statutory, regarding the Website and the Service including without limitation any warranty of merchantability, fitness for a particular purpose, title, security, accuracy and non-infringement.

Moonstream does not warrant that the Service will meet your requirements; that the Service will be uninterrupted, timely, secure, or error-free; that the information provided through the Service is accurate, reliable or correct; that any defects or errors will be corrected; that the Service will be available at any particular time or location; or that the Service is free of viruses or other harmful components. You assume full responsibility and risk of loss resulting from your downloading and/or use of files, information, content or other material obtained from the Service.

Limitation of Liability

You understand and agree that we will not be liable to you or any third party for any loss of profits, use, goodwill, or data, or for any incidental, indirect, special, consequential or exemplary damages, however arising, that result from the use, disclosure, or display of your:

• User-Generated Content;

• your use or inability to use the Service;

• any modification, price change, suspension or discontinuance of the Service;

• the Service generally or the software or systems that make the Service available;

• unauthorized access to or alterations of your transmissions or data;

• statements or conduct of any third party on the Service;

• any other user interactions that you input or receive through your use of the Service;

• or any other matter relating to the Service.

Our liability is limited whether or not we have been informed of the possibility of such damages, and even if a remedy set forth in this Agreement is found to have failed of its essential purpose. We will have no liability for any failure or delay due to matters beyond our reasonable control.

Release and Indemnification

If you have a dispute with one or more Users, you agree to release Moonstream from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

You agree to indemnify us, defend us, and hold us harmless from and against any and all claims, liabilities, and expenses, including attorneys’ fees, arising out of your use of the Website and the Service, including but not limited to your violation of this Agreement, provided that Moonstream (1) promptly gives you written notice of the claim, demand, suit or proceeding; (2) gives you sole control of the defense and settlement of the claim, demand, suit or proceeding (provided that you may not settle any claim, demand, suit or proceeding unless the settlement unconditionally releases Moonstream of all liability); and (3) provides to you all reasonable assistance, at your expense.

Changes to These Terms

We reserve the right, at our sole discretion, to amend these Terms of Service at any time and will update these Terms of Service in the event of any such amendments. We will notify our Users of material changes to this Agreement, such as price increases, at least 30 days prior to the change taking effect by posting a notice on our Website or sending email to the primary email address specified in your Moonstream account. Customer's continued use of the Service after those 30 days constitutes agreement to those revisions of this Agreement. For any other modifications, your continued use of the Website constitutes agreement to our revisions of these Terms of Service.

Miscellaneous

Governing Law

Except to the extent applicable law provides otherwise, this Agreement between you and Moonstream and any access to or use of the Website or the Service are governed by the federal laws of the United States of America and the laws of the State of California, without regard to conflict of law provisions. You and Moonstream agree to submit to the exclusive jurisdiction and venue of the courts located in the City and County of San Francisco, California.

Non-Assignability

Moonstream may assign or delegate these Terms of Service and/or the Moonstream Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Statement without our prior written consent, and any unauthorized assignment and delegation by you is void.

Severability, No Waiver, and Survival

If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed to reflect the parties’ original intent. The remaining portions will remain in full force and effect. Any failure on the part of Moonstream to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.

Amendments; Complete Agreement

This Agreement may only be modified by a written amendment signed by an authorized representative of Moonstream, or by the posting by Moonstream of a revised version in accordance with Section Q. Changes to These Terms. These Terms of Service, together with the Moonstream Privacy Policy, represent the complete and exclusive statement of the agreement between you and us. This Agreement supersedes any proposal or prior agreement oral or written, and any other communications between you and Moonstream relating to the subject matter of these terms including any confidentiality or nondisclosure agreements.