Terms of Service
The agreement between you and us for using the MOJO HQ website and service.
1. The agreement
These Terms of Service ("Terms") are between [eWiring LLC — legal name to be confirmed] ("MOJO HQ", "we", "us") and the company or person using the MOJO HQ website at mojohq.app and the MOJO HQ service (together, the "Service"). If you use the Service on behalf of a company, you represent that you are authorized to bind it, and "you" and "Customer" mean that company. If you and we have signed a separate written agreement or order form, that document governs where it conflicts with these Terms.
By creating a workspace, signing in, or using the Service, you agree to these Terms. If you do not agree, do not use the Service.
2. Workspaces and accounts
- A workspace is a single-tenant deployment of the Service provisioned for one Customer. The Customer's administrators control settings, membership, permissions, integrations and retention for that workspace.
- Members are people the Customer allows into its workspace, including accounts created from the Customer's connected CRM. Members must be at least 16 years old and use accurate account information.
- You are responsible for keeping credentials confidential and for all activity under your accounts. Tell us promptly at [security@mojohq.app] if you suspect unauthorized access.
- Administrators can read any channel or room in their workspace, export content, and deactivate accounts. Members should expect that workspace content is visible to the Customer.
3. Acceptable use
You agree not to, and not to allow others to: use the Service to violate any law or the rights of others; upload malware or content that is unlawful, infringing, harassing or deceptive; probe, scan or test the vulnerability of the Service or circumvent its security or access controls; interfere with its operation or other customers' use; resell or provide the Service to third parties except as permitted in writing; reverse engineer the Service except where the law allows; or use the Service to build a competing product. We may remove content or suspend access that we reasonably believe violates this section.
4. Customer content
"Customer Content" means messages, files, profile information, settings and any data from a connected CRM that is processed by the Service for the Customer's workspace. As between the parties, the Customer owns Customer Content. You grant us a limited license to host, store, transmit, display and process Customer Content solely to provide and support the Service, enforce these Terms and comply with law. You are responsible for Customer Content and for having the rights and permissions needed to use it with the Service, including the rights to connect your CRM and to post its content into rooms.
Retention is controlled by the Customer's administrators. Content deleted by retention rules, by members or by administrators is removed from the Service [immediately / within N days, excluding backups retained for up to N days].
5. CRM and third-party connections
The Service can connect to third-party systems such as a CRM. You authorize us to access and process data from those systems as configured by your administrators. Those systems are governed by their own terms; we are not responsible for their availability, accuracy or changes to their APIs. Credentials you provide for connections are used only to operate the connection and are stored securely.
6. Fees and payment
Fees are set out in your order form or on the pricing page at the time of purchase and are charged per [seat / active member] per [month / year]. Unless otherwise agreed in writing: fees are billed [in advance], are due [within N days of invoice], and are non-refundable except as required by law; seat counts are measured [describe method]; we may change prices with at least [30 days'] notice before your next renewal; and fees exclude taxes, which you are responsible for. Late amounts may accrue interest at [rate] and we may suspend the Service after [N days'] notice of non-payment.
7. Term, suspension and termination
These Terms apply while you use the Service. Subscriptions run for the period in your order and [renew automatically unless cancelled N days before the end of the term]. Either party may terminate for material breach if the breach is not cured within 30 days of written notice. We may suspend access immediately if necessary to protect the Service, other customers, or to comply with law, and will restore access once the issue is resolved. On termination, your right to use the Service ends; we will make Customer Content available for export for [N days], after which we will delete it except as required by law. Sections that by their nature should survive (including 4, 8, 10, 11, 12, 13 and 14) survive termination.
8. Intellectual property
We own the Service, including its software, design, documentation and trademarks (including "MOJO HQ" and its logo), and all related intellectual property. Except for the rights expressly granted in these Terms, no rights are granted to you. If you send us feedback or suggestions, we may use them without obligation to you.
9. Privacy and security
Our Privacy Policy describes how we handle personal information and forms part of these Terms. We maintain administrative, technical and physical safeguards designed to protect Customer Content, including single-tenant deployment per Customer, encryption in transit, hashed passwords and administrator-controlled sessions. [Reference a Data Processing Addendum if one will be offered.]
10. Disclaimers
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE". TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND ANY WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE. [If a service-level commitment is offered, reference the SLA here.]
11. Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA OR GOODWILL, ARISING OUT OF OR RELATED TO THESE TERMS, HOWEVER CAUSED. EACH PARTY'S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS WILL NOT EXCEED THE FEES PAID OR PAYABLE BY CUSTOMER TO US IN THE [12] MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM. THESE LIMITS DO NOT APPLY TO A PARTY'S INDEMNIFICATION OBLIGATIONS, BREACH OF SECTION 3, OR LIABILITY THAT CANNOT BE LIMITED BY LAW.
12. Indemnification
You will defend and indemnify us against third-party claims arising from Customer Content or your use of the Service in violation of these Terms or law. We will defend and indemnify you against third-party claims that the Service, as provided by us, infringes that third party's intellectual property rights, except to the extent the claim arises from Customer Content, third-party systems, or your modification or misuse of the Service. The indemnified party must promptly notify the other, give reasonable cooperation, and allow the indemnifying party to control the defense and settlement.
13. Governing law and disputes
These Terms are governed by the laws of the State of [State], without regard to its conflict-of-laws rules. The parties will first try in good faith to resolve any dispute informally. Any dispute not resolved within 30 days will be brought exclusively in the state or federal courts located in [County, State], and each party consents to that jurisdiction. [Consider an arbitration clause and class-action waiver with counsel.]
14. General
These Terms, together with any order form and the Privacy Policy, are the entire agreement about the Service and replace prior discussions. We may update these Terms; material changes take effect [30 days] after we post them or notify administrators, and continued use after that means you accept them. Neither party may assign these Terms without the other's consent, except to a successor in a merger or sale of substantially all assets. Neither party is liable for delays caused by events beyond its reasonable control. If a provision is unenforceable, the rest remains in effect. Notices to us must be sent to the address in section 15; notices to you may be sent to your administrators' email addresses.
15. Contact
[eWiring LLC — legal name to be confirmed]
[street address, city, state ZIP]
[legal@mojohq.app]