End User Agreement
Effective Date: 9th January 2024
This End User Agreement (“Agreement”) is entered into by and between Mocono Technologies Ltd, a company registered in the United Kingdom (“Mocono,” “we,” “our,” or “us”), and the individual or entity using the paywalling and subscriber management services provided by Mocono (“End User,” “you,” or “your”). This Agreement outlines the terms and conditions governing your use of the Mocono services (“Services”).
1. Acceptance of Terms
By accessing or using the Mocono Services, you acknowledge that you have read, understood, and agree to be bound by the terms and conditions set forth in this Agreement. If you do not agree with these terms, please do not use the Services.
2. Services
2.1 Description: Mocono will provide you with access to its platform, which includes tools and features designed for paywalling and subscriber management.
2.2 Customization: Any custom modifications or additional features requested by you may result in additional fees and will be addressed in separate agreements.
3. Fees, Payment, and Renewals
3.1 Fees: The fee structure for using the Services will be as outlined on our platform or as agreed upon in separate written correspondence.
3.2 Payment Methods: Payments for the Services are accepted via bank/credit card only, including American Express.
3.3 Invoicing: Mocono will provide monthly invoices detailing the charges for your use of the Services.
3.4 Renewals: Service renewals are processed automatically unless either party terminates the Agreement as specified below.
4. Data Protection, Privacy, and GDPR
4.1 Ownership: You retain exclusive ownership of subscriber data. Mocono has access to this data for the sole purpose of providing the Services.
4.2 GDPR Compliance: We ensure that our Services are compliant with the General Data Protection Regulation (GDPR), and you are expected to use the Services in a manner consistent with GDPR regulations.
4.3 Data Processing Addendum (DPA): Both parties will sign a Data Processing Addendum (DPA) that outlines the responsibilities related to data processing.
4.4 Data Subject Requests: Mocono will reasonably assist you in fulfilling data subject request obligations under GDPR.
4.5 Data Breaches: Mocono is committed to promptly notifying you in the event of any data breach. You are also expected to inform Mocono of any breaches on your end without delay.
5. Intellectual Property
5.1 Publisher Content: You retain all rights to the content and materials you provide or generate using our Services.
5.2 Mocono Assets: All software, tools, graphics, and related assets are the exclusive property of Mocono Technologies Ltd.
5.3 Prohibited Actions: Replicating, redistributing, or reverse engineering any part of our platform without explicit consent is strictly prohibited.
6. Service Duration and Termination
6.1 Initiation: This Agreement becomes effective upon your signup and remains in effect indefinitely until terminated as specified below.
6.2 Termination Rights: Both parties have the right to terminate this Agreement with a 30-day written notice.
6.3 Breaches: Mocono reserves the right to suspend or terminate accounts that violate these Terms or legal standards.
7. Liabilities and Warranties
7.1 Limitation: Mocono’s cumulative liability shall not exceed the total amount paid by you in the previous 12 months.
7.2 Exclusions: Neither party shall be liable for any consequential, indirect, or incidental damages.
7.3 Service Quality: Mocono does not guarantee that the Services will be error-free, uninterrupted, or fit for a particular purpose.
8. Indemnification
8.1 By Mocono: We will indemnify you against any third-party claims alleging that our Services infringe on their intellectual property rights.
8.2 By You: You agree to defend and indemnify Mocono against any claims or liabilities resulting from your content or violation of these Terms.
9. Governing Law and Disputes
9.1 Jurisdiction: This Agreement is governed by the laws of the United Kingdom.
9.2 Mediation: Both parties agree to engage in good-faith mediation before resorting to litigation.
9.3 Legal Proceedings: Any disputes unresolved by mediation will be addressed in the competent courts in the United Kingdom.
10. Agreement Modifications and Updates
10.1 Notification: Mocono may revise this Agreement periodically, and notifications of such revisions will be sent via email or platform alerts.
10.2 Acceptance: Your continued use of the Services after modifications indicate your agreement to the revised terms.
11. Miscellaneous Provisions
11.1 Entirety: This Agreement, along with any additional documents referenced, constitutes the entire agreement between both parties.
11.2 Severability: If any part of this Agreement is deemed invalid, the remainder shall remain in full effect.
11.3 Waiver: The failure to enforce any provision does not waive the right to enforce it later.
11.4 Assignment: You may not assign your rights under this Agreement without Mocono’s prior written consent.
By using the Mocono Services, you affirm your understanding and adherence to the above terms and conditions.