Terms of Service
Moserbus Terms of Service
Welcome to Moserbus. These Terms of Service ( Terms ) govern your use of the Moserbus website,
(www.moserbus.com), all sub-domains, applications, and services (collectively, the "Service"). These Terms
constitute an agreement (this Agreement ) between you or the entity that you represent (collectively You,
"Your", or Customer ) and Moserbus LLC, a Florida limited liability company whose principal place of business
is 2563 N Toledo Blade Blvd, Unit 1, North Port, FL 34289 ( Moserbus ).
EACH PARTY ACKNOWLEDGES THAT IT HAS READ THIS AGREEMENT, UNDERSTANDS IT, AND AGREES TO BE BOUND
BY ITS TERMS, AND THAT THE PERSON SIGNING ON ITS BEHALF HAS BEEN AUTHORIZED TO DO SO. THE PERSON EXECUTING THIS
AGREEMENT ON CUSTOMER’S BEHALF REPRESENTS THAT HE OR SHE HAS THE AUTHORITY TO BIND CUSTOMER TO THESE TERMS.
1. Definition
Welcome to Moserbus. These Terms of Service ("Terms") govern your use of the Moserbus website, applications, and
services (collectively, the "Service"), which facilitate mortgage brokerage and contract processing activities.
1.1 Customer Data:
Data in electronic form input or collected through the Service by or from Customer, including without
limitation by Customer’s Users.Data in electronic form input or collected through the Service by or from
Customer, including without limitation by Customer’s Users.
1.2 Order:
A customer order for access to the Service.
1.3 Subscription Fee:
The fee paid by Customer for access to the Service.
1.4 Sensitive Information:
Data that includes social security numbers, financial information, health information, or other data
that requires safeguarding under applicable laws.
1.5 User:
Any individual who uses the Service on Customer’s behalf or through Customer’s account or passwords,
whether authorized or not.
2. Acceptance of Terms
By registering for, accessing, or using the Service, you agree to be bound by these Terms and acknowledge that
these Terms constitute a binding and enforceable legal contract between Moserbus and you.
3. Changes to Terms
Moserbus reserves the right to modify, amend, or update these Terms at any time. We will provide notice of these
changes by updating the "Effective Date" at the top of this page or as otherwise required by law. Your continued
use of the Service after such changes signifies your acceptance of the revised Terms.
4. Account Registration and Use
4.1 Account Creation:
You must register for an account to use the Service. During registration, you must provide accurate and
complete information and keep this information updated.
4.2 Account Responsibilities:
You are responsible for all activities that occur under your account and for keeping your password
confidential. You must notify Moserbus immediately of any unauthorized use of your account or other
security breaches.
5. Use of the Service
5.1 License Grant:
Subject to your compliance with these Terms, Moserbus grants you a limited, non-exclusive,
non-transferable, revocable license to access and use the Service.
5.2 Restrictions:
You may not misuse the Service. Misuse includes attempting to interfere with the Service, accessing the
Service by means other than through interfaces provided by Moserbus, or using the Service for any
illegal purpose.
6. Fees and Payment
6.1 Subscription Fees:
You agree to pay all applicable fees related to your use of the Service as disclosed at the time of
registration or subscription. Subscription Fees are due in advance and are non-refundable, except as
expressly stated in these Terms. Payment must be made by credit card or other accepted methods.
6.2 Late Fees:
Late payments may incur additional charges, including late fees and interest charges for overdue
payments. We reserve the right to suspend or terminate your access to the Service for non-payment.
6.3 Pricing Information:
For the most current pricing information, please visit our Pricing Page.
7. Term & Termination
7.1 Term:
The Term of this agreement begins on the date you register for the Service and continues for the
duration of your selected billing cycle (monthly or annually). The Term will automatically renew as
described in Section 7.2 unless terminated by either party as provided in these Terms.
7.2 Automatic Renewal:
Unless you notify us of your decision to terminate your subscription, your subscription will
automatically renew at the end of each billing cycle (monthly or annually, as applicable). The
applicable Subscription Fee for the renewal period will be charged to the payment
method on file. You may cancel your subscription at any time before the renewal date to avoid being
charged for the next billing cycle.
7.3 Termination and Suspension:
Moserbus reserves the right to suspend or terminate your access to the Service at any time, with or
without cause, and with or without notice. Upon termination, your right to use the Service will
immediately cease.
7.4 Effects of Termination:
Upon termination of your account for any reason:
-
All rights granted to you under these Terms will immediately cease.
-
You must cease all use of the Service and delete any copies of related software.
-
Any outstanding fees will become immediately due and payable.
-
Moserbus will delete Customer Data and account information, except where required to retain it by law
or for legitimate business purposes.
8. Acceptable Use Policy
8.1 Prohibited Actions:
You agree not to engage in any of the following prohibited activities:
- Illegal Activities:
Using our platform to engage in any activity that violates applicable laws or regulations.
- Spam and Unsolicited Communications:
Sending unsolicited emails, messages, or other forms of communication (spam) using our Service.
- Malicious Activities:
Engaging in activities that may harm, disrupt, or interfere with the operation of our Service or the
networks, systems, or services of others. This includes, but is not limited to, distributing malware,
viruses, or other harmful code.
- Unauthorized Access:
Attempting to gain unauthorized access to our platform, other users' accounts, computer systems, or
networks connected to our platform.
- Data Mining and Harvesting:
Using automated tools, bots, or scripts to collect or harvest data from our platform without explicit
consent.
- Infringing Content:
Uploading, sharing, or distributing content that infringes on the intellectual property rights of others,
including copyrights, trademarks, patents, or trade secrets.
- Hate Speech and Harassment:
Engaging in or promoting activities that incite violence, hatred, or harassment against individuals or
groups based on race, ethnicity, religion, gender, sexual orientation, disability, or any other
characteristic.
- Impersonation:
Misrepresenting yourself as another person or entity, or falsely stating or otherwise misrepresenting
your affiliation with a person or entity.
8.2 User Responsibilities:
Users of the Moserbus platform are expected to:
- Maintain Security:
Implement reasonable security measures to protect your account, data, and access credentials.
- Respect Privacy:
Respect the privacy and confidentiality of other users' data and information.
- Provide Accurate Information:
Ensure that all information provided during account registration and use of the platform is accurate, complete, and up-to-date.
- Report Violations:
Promptly report any violations of this AUP to Moserbus.
- Data Mining and Harvesting:
Using automated tools, bots, or scripts to collect or harvest data from our platform without explicit
consent.
- Infringing Content:
Uploading, sharing, or distributing content that infringes on the intellectual property rights of others,
including copyrights, trademarks, patents, or trade secrets.
- Hate Speech and Harassment:
Engaging in or promoting activities that incite violence, hatred, or harassment against individuals or
groups based on race, ethnicity, religion, gender, sexual orientation, disability, or any other
characteristic.
- Impersonation:
Misrepresenting yourself as another person or entity, or falsely stating or otherwise misrepresenting
your affiliation with a person or entity.
9. Customer Data and Privacy
9.1 Use of Customer Data:
Moserbus will not access, process, or otherwise use Customer Data other than as necessary to facilitate the Service.
Moserbus will not intentionally grant any third party access to Customer Data, except for integrated third-party
services and subcontractors involved in providing the Service. Notwithstanding the foregoing, Moserbus may disclose
Customer Data as required by applicable law or by proper legal or governmental authority. Moserbus will give Customer
prompt notice of any such legal or governmental demand and reasonably cooperate with Customer in any effort to seek
a protective order or otherwise to contest such required disclosure, at Customer’s expense. As between the parties,
Customer retains ownership of Customer Data.
9.2 Sensitive Information:
You acknowledge that the Service is not designed to collect, store, or manage Sensitive Information, and you agree to
refrain from uploading such information to the Service. Moserbus will not be liable for any issues or damages that
may arise from your use of the Service to collect, store, or manage Sensitive Information.
9.3 Risk of Exposure:
Customer recognizes and agrees that hosting data online involves risks of unauthorized disclosure or exposure
and that, in accessing and using the Service, Customer assumes such risks. Moserbus offers no representation,
warranty, or guarantee that Customer Data will not be exposed or disclosed through errors or the actions of third parties.
9.4 Data Accuracy:
Moserbus will have no responsibility or liability for the accuracy of data uploaded to the Service by Customer,
including without limitation Customer Data and any other data uploaded by Users.
9.5 Data Deletion:
Moserbus may permanently erase Customer Data if Customer’s account is delinquent, suspended, or terminated for 60 days or more.
10. Professional Services:
Moserbus may provide professional services, including implementation, customization, training, and consulting services.
Professional services will be subject to a separate agreement or statement of work outlining the scope of services, fees,
and any additional terms and conditions.
11. Trial Services
From time to time, Moserbus may offer certain Services or products on a limited basis without Fee or charge, including
for example, free accounts, trial use, and access to pre-release and beta services or products (collectively,
“Trial Services”). The duration of Trial Services will be specified at the time of sign-up. Your use of Trial
Services is subject to any additional terms that we may specify. Unless you purchase a subscription to the applicable
Service before the end of the free trial, all of your data in the Service may be permanently deleted at the end of
the trial. Moserbus reserves the right to modify, suspend, or terminate free trials at any time without notice.
12. Third-Party Sites and Products
Third-Party Sites and Products are not under our control. Third-Party Sites and Products are provided to you only as
a convenience, and the availability of any Third-Party Site or Product does not mean we endorse, support, or warrant
the Third-Party Site or Product. Moserbus expressly disclaims any duty or obligation related to the propriety of using
any Third-Party Sites or Products, including any duty to warn. Third-Party Sites or Products may be subject to separate
terms and conditions between a Customer and a Third-Party.
13. Confidentiality
You agree to maintain the confidentiality of all proprietary information received during your use of the Service,
including transaction details and personal information of other users.
14. Intellectual Property
All intellectual property rights in the Service, including software, databases, and content provided by Moserbus, are owned
by Moserbus or its licensors. You may not copy, modify, or distribute such material without express permission.
15. Feedback and Suggestions
You agree that Moserbus is free to use any feedback, suggestions, or ideas you provide regarding the Service without
any obligation to you. Moserbus may use such feedback, suggestions, or ideas for any purpose, including but not
limited to improving the Service and developing new features and services.
16. Publicity
You grant Moserbus the right to add your name and company logo to our customer list and website. Moserbus may
use Customer’s name and trademarks in Moserbus’s advertising, publicity, and other promotional activities.
Moserbus shall comply with applicable trademark usage guidelines or other instructions provided by Customer
in writing regarding the proper use of its trademarks. If Customer does not supply such usage guidelines or other
instructions, Customer shall be deemed to have granted Moserbus a freely revocable license to use the name and logo(s)
of Customer in its marketing materials.
17. Indemnification
You agree to indemnify and hold harmless Moserbus, its officers, directors, employees, and agents from any claims,
damages, losses, liabilities, including legal fees and expenses, arising out of your use of the Service, your
violation of these Terms, or your violation of any rights of another. This indemnification obligation will survive
the termination or expiration of this Agreement and your use of the Service.
18. Disclaimer of Warranties
The Service is provided "as is" and "as available" without any warranties, express or implied, including but not
limited to the accuracy, reliability, or availability of the Service.
19. Limitation of Liability
Moserbus will not be liable for any indirect, incidental, special, consequential, or punitive damages arising
out of or related to your use of the Service. The maximum liability of Moserbus to you for any claims arising
out of or related to this Agreement will be limited to the total amount you have paid for the Service in the
twelve-month period preceding the event giving rise to the claim.
20. Governing Law and Dispute Resolution
These Terms are governed by the laws of the jurisdiction where Moserbus is located, without regard to its conflict
of law principles. Any disputes arising out of or related to these Terms shall be resolved through confidential
binding arbitration held in North Port, Florida.
21. Miscellaneous Provisions
21.1 Entire Agreement:
These Terms constitute the entire agreement between you and Moserbus regarding your use of the Service.
21.2 Severability:
If any provision of these Terms is deemed invalid or unenforceable, that provision will be enforced
to the maximum extent permissible, and the other provisions will remain in force.
21.3 Notices:
Moserbus may send notices pursuant to this Agreement to Customer’s email contact points provided by Customer,
and such notices will be deemed received 24 hours after they are sent. Customer may send notices pursuant to
this Agreement to hello@moserbus.com, and such notices will be deemed received 72 hours after they are sent.
21.4 Force Majeure:
No delay, failure, or default, other than a failure to pay fees when due, will constitute a breach of this
Agreement to the extent caused by acts of war, terrorism, hurricanes, earthquakes, other acts of God or
of nature, strikes or other labor disputes, riots or other acts of civil disorder, embargoes, or other
causes beyond the performing party’s reasonable control.
21.5 Assignment:
Customer may not assign this Agreement or any of its rights or obligations hereunder without
Moserbus’s express written consent.
21.6 Waiver:
No waiver of any right under this Agreement will be effective unless in writing and signed by an
authorized representative of the party granting the waiver.
If you have any questions about these Terms or the Service, please contact Moserbus at (support@moserbus.com).