MoogX / DsMenu

OUR WEBSITE AND SERVICES

We provide you the software (the “Software”), that you access remotely via the cloud, that you can use for (a) Menu Board Creation (“Creative(s)”); and (b) Creative Asset Creations (collectively “Creative(s)”).

The information, Creative(s) provided when using the Services are not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

The Services are not tailored to comply with industry-specific regulations (including Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use these Services. You may not use the Services in a way that would violate the Gramm-Leach-Bliley Act (GLBA).

INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, we retain all right, title, and interest in and to the Services, Software, Website and Creatives, including without limitation all graphics, user interfaces, databases, functionality, software, website designs, audio, video, text, photographs, graphics, logos, and trademarks or service marks reproduced through the Services. These ToS do not grant you any intellectual property license or rights in or to the Servicesor any of its components, except to the limited extent that these ToS specifically set forth your license rights to it. You recognize that the Servicesand their components are protected by copyright and other laws.

USER REPRESENTATIONS

By using the Services, you represent and warrant that:

• All registration information you submit will be true, accurate, current, and complete;
• You will maintain the accuracy of such information and promptly update such registration information as necessary;
• You have the legal capacity and you agree to comply with these ToS;
• You are not a minor in the jurisdiction in which you reside;
• You will not access the Services through automated or non-human means, whether through a bot, script, or otherwise;
• You will not use the Services for any illegal or unauthorized purpose;
• Your use of the Services will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).

USER REGISTRATION

By using the Services, you represent and warrant that:

• All registration information you submit will be true, accurate, current, and complete.
• You will maintain the accuracy of such information and promptly update it as necessary.
• You have the legal capacity and agree to comply with these Terms of Service (ToS).
• You are not a minor in the jurisdiction in which you reside.
• You will not access the Services through automated or non-human means, whether through a bot, script, or otherwise.
• You will not use the Services for any illegal or unauthorized purpose.
• Your use of the Services will not violate any applicable law or regulation.
• You agree to keep your password confidential and will be responsible for all use of your account and password.

Account Termination:

• If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).

Username Policy:

• We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

Opt-In Clause

By registering with the Services, you agree to opt-in to receive communications from us via email and SMS text messaging. You may opt-out of these communications at any time by following the unsubscribe instructions provided in the communications or by contacting us directly at support@moogx.ai.

FEES AND PAYMENT

Company offers free/Basic and paid account options. You can create a free/Basic account (“Basic”) without providing any credit card information; however, your access to our Website’s features may be limited. Depending on your needs, you may want to access more or all of Company’s Services by creating or upgrading to a paid account (“Paid Account”). You can create or upgrade to a Paid Account by signing up for one of Company’s subscription plans (“Subscription Plans” and each a “Subscription”).

Fees can be in the form of a "Subscription" or "Days in Arrears" (see below description of Days in Arrears). Fees are due upon purchase of Subscription for Services or upon invoicing from Company. On occastio

Subscriptions

Fees for Subscriptions ("Subscription Fees") shall be based on an annual period beginning on the date of payment and lasting one year ("Subscription Period"). For example, if you pay your subscription on January 1, 2025, your subscription will expire at 12:00 AM on December 31, 2025. All Subscriptions will be considered "Expired" at midnight on the final day of the Subscription Period.

We bill you for all initial Subscription Fees through an invoice system with a payment link, or, if applicable, a recurring option may be available. You, the "Client," have the ultimate responsibility to maintain your subscription and should not rely on Company renewal notifications.

If your subscription lapses, you will be charged for the "Days in Arrears," which begin on the first day succeeding the expiration date. The "Daily Rate" is based on your annual subscription fee. For example, if your annual subscription plan is $199, then your daily rate will be $199/365, or approximately $0.55 per day. The purpose of “Days in Arrears” charges is because your account remains active during that period; therefore, the services were active and available.

Our prices may be updated from time to time, so please make sure that you check our current Subscription Fees before placing your order. All payments shall be in USD, EUR, or GBP.

Accepted Methods of Payment

We accept the following forms of payment:

• Visa
• Mastercard
• American Express
• Discover
• ACH

You agree to pay all charges or fees at the prices then in effect for your Subscription. In the event of price increase during your subsc. In addition ito an and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. If your Subscription is subject to recurring charges, then you consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until you notify us of your cancellation in accordance with the cancellation information described below.

We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. We also reserve the right to refuse any order placed through the Services. In such case we will notify you by email and refund you any Subscription Fees that you have paid.

Sales Tax

Sales tax will be added to the price of purchases as deemed required by us. Amounts due under these ToS are payable to us without deduction and are net of any tax, tariff, duty, or assessment imposed by any government authority (national, state, provincial, or local), including without limitation any sales, use, excise, ad valorem, property, withholding, or value-added tax, whether or not withheld at the source (collectively, “Sales Tax”). Except as forbidden by applicable law, we may require that you submit applicable Sales Taxes to us. However, the preceding sentence does not apply to the extent that you are tax exempt, provided you give us a valid tax exemption certificate within thirty (30) days of the start of your Subscription. Our failure to include any applicable tax in an invoice will not waive or dismiss the parties’ rights or obligations pursuant to this Section. If applicable law requires withholding or deduction of Sales Taxes or any other tax or duty, you shall separately pay us the withheld or deducted amount, over and above fees due. For the avoidance of doubt, this Section does not govern taxes based on our net income.

Account Upgrades, Downgrades, and Cancellations

If you created a Basic Account but want to upgrade to a Paid Account, your upgrade will occur immediately upon payment of the relevant Subscription Fees and your Subscription Period will run from the date of your upgrade for one year.

If you created or upgraded to a Paid Account, and you want to:

• Upgrade to a different Subscription Plan:
  • Your upgrade will occur immediately at a prorated rate upon payment of the price difference between the two Subscription Plans for the remainder of your Subscription Period. Your upgraded Subscription Plan will run until the end of the initial Subscription Period and will auto-renew as the upgraded Subscription Plan.
• Canceling your Subscription Plan and/or downgrade your Subscription:
  • Cancellation: Cancellation requests must be emailed to support@moogx.ai and will not be applicable to the current subscription but will prevent future automatic renewal charge from occurring.
• Downgrading your Subscription Plan: All downgrades must be requested via email to support@moogx.ai. Any downgrade will take place following the end of your current Subscription Period.

PLEASE NOTE THAT WHEN YOU DOWNGRADE YOUR ACCOUNT, YOU WILL ONLY BE ABLE TO ACCESS THE SERVICES AVAILABLE WITHIN YOUR NEW SUBSCRIPTION PLAN, AND THEREFORE YOU MAY LOSE ACCESS TO ANY ADDITIONAL FORMS OR ANY PREMIUM CONSENT PLATFORM FEATURES CREATED OR AVAILABLE THROUGH YOUR PREVIOUS SUBSCRIPTION PLAN.

How to Cancel a Subscription Plan

YOU CANNOT CANCEL YOUR CURRENT SUBSCRIPTION PLAN. However, you can cancel your Subscription Plan with 60 days written notice to prevent your plan from automatically renewing.

All cancellations will take effect at the end of your current Subscription Period.

Except as stated in this Section, we will not be required to refund Subscription Fees under any circumstances.

If you are unsatisfied with our services, please email us at support@moogx.ai or call us at 904-441-6023.

PROHIBITED ACTIVITIES

You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Services, you agree not to:

• Systematically retrieve data, Creatives, or other Content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
• Make any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
• Use a buying agent, outside of affiliate or partnership arrangements, or purchasing agent to make purchases on the Services, unless previously arranged with Company.
• Use the Services to advertise or offer to sell goods and services.
• Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.
• Engage in unauthorized framing of or linking to the Services.
• Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
• Make improper use of our support services or submit false reports of abuse or misconduct.
• Engage in any automated use of the Website or Services, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
• Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
• Attempt to impersonate another user or person or use the username of another user.
• Sell or otherwise transfer your Company profile or account.
• Use any information obtained from the Services in order to harass, abuse, or harm another person.
• Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavor or commercial enterprise beyond the license granted to you under these ToS.
• Decipher, decompile, disassemble, or reverse engineer any of the Software comprising or in any way making up a part of the Services.
• Attempt to bypass any measures of the Website or Software designed to prevent or restrict access to the Services, or any portion of the Services.
• Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.
• Delete the copyright or other proprietary rights notice from any Content.
• Copy or adapt the Software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
• Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Software or the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Software or the Services.
• Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
• Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Software or the Services, or using or launching any unauthorized script or other software.
• Disparage, tarnish, or otherwise harm, in our opinion, Company, the Software, Website, and/or the Services.
• Use the Services in a manner inconsistent with any applicable laws or regulations.
• Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
• Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from Company.
• Engage in unauthorized framing of or linking to the Site.
• Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
• Trick, defraud, or mislead Company and other users, especially in any attempt to learn sensitive account information such as user passwords.
• Make improper use of Company's support services or submit false reports of abuse or misconduct.
• Engage in any automated use of the Services, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
• Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
• Use of Company for any purpose other than to the benefit of Single End User Entity (SEUE). Company is intended for the use of a separate/single party associated with a SEUE. Use of Company and/or Company platform for the purpose of self-enrichment or selling our products, productions, software solutions, URL, images for purposes outside a SEUE is strictly forbidden without "affiliate" or "partnership" arrangements. Organizations wishing to sell products to end user consumers of the Company platform must make prior arrangements with Company.
• A SEUE is defined as an end user with: a single/separate brand; a single/separate rooftop, a separate/single front door, a separate/single logo, a specialty service that is distinct and separate from other services and organizations.
  • Examples of "Non Single End User Entity"(NSEUE) chain restaurants, shopping malls with multiple lessees, vacation resorts with multiple store fronts and/or vendors; whereas the store fronts are SEUE's.
• The use of a single Company membership to design and manage menu boards for multiple brands or entities is prohibited.If it is determined that your use of Company falls under the definition of a NSEUE, as described above, you may be required, at a minimum, to subscribe to the Pro plan subscription and/or make affiliate arrangedments with Company. However, it is most likely that your use as an NSEU, as determined by Company, falls under the "Affiliate" or "Partnership" category, which would require individual subscriptions within/under an "Affiliate/Partnership" arrangement. If you have a Standard plan but meet the definition of a NSEU entity, your account could be subject to deactivation without possibility of a refund.
• Any and all resolutions will be at the exclusive determination of Company.
• Attempt to impersonate another user or person or use the username of another user.
• Use any information obtained from the Site in order to harass, abuse, or harm another person.
• Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
• Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
• Harass, annoy, intimidate, or threaten any of Company's employees or agents engaged in providing any portion of the Site to you.
• Copy or adapt the Company software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
• Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
• Disparage, tarnish, or otherwise harm, in Company's opinion, Company and/or the Site.
• Use the Site in a manner inconsistent with any applicable laws or regulations.
• Use the Site as part of any effort to compete with Company or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.
• Use workaround methods to display contents on more screens than subscribed.

SERVICES MANAGEMENT

We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these ToS; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these ToS, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.

Privacy Policy

At MoogX / DsMenu, MoogX ('Company'), we respect your need for online privacy and protect any personal information, including but not limited to any 'personal data' defined in applicable data protection laws and regulations that you may share with us, in an appropriate manner. Our practice with respect to use of your Personal Information is as set forth below in this privacy policy.

As a condition to the use of Company’s products, services, websites and apps, you consent to the terms of the Privacy Policy Statement as it may be updated from time to time. We refer to those products, services, websites and apps collectively as the 'Company Services' in this policy.

References to 'data' in this Privacy Policy will refer to whatever data you use our services to collect, whether it be media assets, data collected in a form, or data inserted on a site hosted by us – it’s all your data! References to personal information, means information about you personally that we collect or for which we act as custodian.

INFORMATION WE COLLECT:

Contact Information

During the Lead registration process and for Account Management, we request your name, email address, telephone number, company name, company address and position within the company.

During the User Account Registration process we request for your name and email address.

We post user testimonials on our website. These testimonials may include names and other Personal Information and we acquire permission from our users prior to posting these on our website. Company is not responsible for the Personal Information users elect to post within their testimonials.

How you use our services

Your usage details such as time, frequency, duration and pattern of use, features used will be recorded by us in order to enhance your experience of the Company Services and to help us provide you the best possible service.

We collect the Internet Protocol address, browser type, browser version, browser language, operating system, timezone, features accessed, errors generated for users of Company Services.

We store and maintain media assets, playlists, layouts and other data stored in your user account at our data centers provided by Google and Amazon Web Services.

Payment Information

In case of services requiring payment, we request credit card or other payment account information, which will be used solely for processing payments. Your financial information will not be stored by us except for the name and address of the card holder, the expiry date and the last four digits of the credit card number. Subject to your prior consent and where necessary for processing future payments, your financial information will be stored in encrypted form on secure servers of our reputed Payment Gateway Service Provider who is beholden to treating your Personal Information in accordance with this Privacy Policy.

Cookies and Other Tracking Technologies

We use temporary and permanent cookies to enhance your experience of our Company Services. Temporary cookies will be removed from your computer each time you close your browser.

We use Local Storage Objects (LSOs) such as HTML5 to store content information and preferences between user sessions e.g. how you have our user interface configured.

Various browsers may offer their own management tools for removing HTML5 LSOs.

Log Data

Like most websites today, our web servers keep log files that record data each time a device accesses our servers. The log files contain data about the nature of each access, including originating IP addresses, the files viewed on our site (e.g., HTML pages, graphics, etc.), operating system versions, device type and timestamps.

How we use the information we collect

We process personal data about you either with your consent or in order to:

• Fulfill our contractual responsibility to deliver the services to you
• To pursue Company legitimate interests of:
• Improving service experience
• Developing new products and service features

In each of the instances where we describe how we use your data in this privacy policy, we have identified which of these grounds for processing we are relying upon.

You have consented to us using certain types of cookies on our websites.

We process your personal information in the following categories of data for legitimate interests pursued by us, which are described in detail in this privacy policy. We have undertaken to ensure that we place clear limitations on each of these uses so that your privacy is respected and only the information necessary to achieve these legitimate aims is used.

Our primary goal is to improve upon and make sure our services and messaging are relevant for all our users, while also ensuring that personal information of all users is respected and protected.

Contact Information

We use contact information to transact with you commercially, respond to your inquiries, send you information as part of the services, and send you marketing information (for as long as you do not opt-out).

We use your email address to send you marketing (newsletters), unless you indicate a preference to opt-out and for general updates on your account. You can opt out of marketing communications at any time by clicking on the 'unsubscribe' link in them.

How you use our services

We use information about how you use our services to improve our services for you and all users.

We collect information about the types of features you use and the type of industry you work within to build a profile about you so as to help direct you to other relevant features and services we offer and help you in using our services, for example by making recommendations for you to optimize use of our services.

We use the Internet Protocol address, browser type, browser version, browser language, operating system, timezone, features accessed, errors generated, and other visitor details collected in our log files to analyze the trends, administer Company Services, track visitor’s movements and to improve our services. We link this automatically collected data to other information we collect about you.

In order to prevent loss of data due to errors or system failures, we also keep backup copies of data including the contents of your user account. Hence your files and data may remain on our servers even after deletion or termination of your user account.

We may retain and use your Personal Information and data as necessary to comply with our legal obligations, resolve disputes, and enforce our rights. We assure you that the contents of your user account will not be disclosed to anyone and will not be accessible even to employees of Company except in circumstances specifically mentioned in this Privacy Policy, the Terms of Services or in the Data Processing Addendum.

Service and Marketing uses

We use your data to market our product updates, news, events and changes to this privacy policy.

To manage our services we will also internally use your information and data, for the following limited purposes:

• To enforce our agreements where applicable
• To prevent potentially illegal activities
• To screen for and prevent undesirable or abusive activity

Legal uses

To respond to legal requests or prevent fraud, we may need to use and disclose information or data we hold about you. If we receive a subpoena or other legal request, we may need to inspect the data we hold to determine how to respond.

Your Account Information

We need to use your account data to run your account, provide you with services, bill you for our services, provide you with customer support, and contact you about your service or account. We occasionally send you communications of a transactional nature (e.g. service-related announcements, billing-related matters, changes to our services or policies, a welcome email when you first register). You cannot opt out of these communications since they are required to provide our services to you.

Your Profile

We process other aspects of your account information (like the personal information you provide about your job, your job title, and your marketing preferences) for legitimate interests like providing you with a personalized experience and relevant and useful marketing information as well as to make other product, feature and service recommendations to you to optimize your use of the services we offer.

You can object to us using your data as described above but our ability to fully and properly provide our services to you may be impacted if you do not want us to collect or use the above data.

Information we share

We do not share your information or data with third parties outside Company except in the following limited circumstances:

• To help us provide certain aspects of our services we use our affiliates and trusted key partners – in particular, we engage third parties to:
• Manage our sales and customer support services to you
• Facilitate customers in making credit card payments
• Deliver and help us track our marketing and advertising content
• Help us track website conversion success metrics
• Help us track the use of Company Services for the purpose of improvement

We enter into confidentiality / data processing terms with partners to ensure they comply with high levels of confidentiality, best practice in privacy and security standards. We regularly review these standards and practices.

The data shared with our 3rd parties may not be stored at the same locations that Company Services are provided from and this maybe outside of the EU. On your instructions, we share your information or data if you choose to use an integration in conjunction with Company services, to the extent necessary to facilitate that use.

We also have to share information or data in order to:

• Meet any applicable law, regulation, legal process or enforceable governmental request.
• Enforce applicable policies, including investigation of potential violations.
• Detect, prevent, or otherwise address fraud, security or technical issues.
• Protect against harm to the rights, property or safety of our users, the public or to Company and/or as required or permitted by law.

Security

We adopt industry appropriate data collection, storage and processing practices and security measures, as well as physical security measures to protect against unauthorized access, alteration, disclosure or destruction of your Personal Information, username, password, transaction information and data stored in your user account.

Access to your name and email address is restricted to our employees who need to know such information in connection with providing Company Services to you and are bound by confidentiality obligations.

Data Retention

We do not delete data from Company Services unless you request us to do so. In order to prevent loss of data due to errors or system failures, we also keep backup copies of data including the contents of your user account. Hence your files and data may remain on our servers even after deletion or termination of your user account.

Safety of Minors

Our services are not intended for and may not be used by minors. 'Minors' are individuals under the age of 13 (or under a higher age if permitted by the laws of their residence). Company does not knowingly collect personal data from Minors or allow them to register. If it comes to our attention that we have collected personal data from a Minor, we may delete this information without notice. If you have reason to believe that this has occurred, please contact customer support at support@moogx.ai.

Links from our website

Some pages of our website contain external links. You are advised to verify the privacy practices of such other websites. We are not responsible for the manner of use or misuse of information made available by you at such other websites. We encourage you not to provide Personal Information, without assuring yourselves of the Privacy Policy of such other websites.

Changes to our Privacy Policy

We can make changes to this Privacy Policy from time to time. We will identify the changes we have made on this page. In circumstances where a change will materially change the way in which we collect or use your personal information or data, we will send a notice of this change to all of our account holders.

Your rights

Upon request and once we have verified your identity we will provide you with information about whether we hold any of your Personal Information. Users who wish to correct, update or remove any Personal Information including those from a public forum, directory or testimonial on our site may do so either by accessing their user account or by contacting Company Customer Support Services at support@moogx.ai. Such changes may take up to 48 hours to take effect. We respond to all enquiries within 30 days.

We reserve the right to charge a fee where permitted by law, especially if your request is manifestly unfounded or excessive.

Exercising your rights

Our Contact Information for Privacy Inquiries:

DsMenu Inc.
199 N Arroyo Grande Blvd,
Henderson, NV 89074
support@dsmenu.com
tel 904-441-6023

Enforcement of Privacy Policy

We make every effort, including periodic reviews to ensure that Personal Information provided by you is used in conformity with this Privacy Policy. If you have any concerns regarding our adherence to this Privacy Policy or the manner in which Personal Information is used for the purpose of providing Company Services, kindly contact Company Customer Support Services at support@moogx.ai. We will contact you to address your concerns and we will also cooperate with regulatory authorities in this regard if needed.

DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) NOTICE AND POLICY

Notifications

We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon any copyright you own or control, please immediately notify our Designated Copyright Agent using the contact information provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Services infringes your copyright, you should consider first contacting an attorney.

All Notifications should meet the requirements of DMCA 17 U.S.C. § 512(c)(3) and include the following information: (1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Services are covered by the Notification, a representative list of such works on the Services; (3) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (4) information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted; (5) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (6) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed upon.

Counter Notification

If you believe your own copyrighted material has been removed from the Services as a result of a mistake or misidentification, you may submit a written counter notification to our Designated Copyright Agent using the contact information provided below (a “Counter Notification”). To be an effective Counter Notification under the DMCA, your Counter Notification must include substantially the following: (1) identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled; (2) a statement that you consent to the jurisdiction of the Federal District Court in which your address is located, or if your address is outside the United States, for any judicial district in which we are located; (3) a statement that you will accept service of process from the party that filed the Notification or the party’s agent; (4) your name, address, and telephone number; (5) a statement under penalty of perjury that you have a good faith belief that the material in question was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and (6) your physical or electronic signature.

If you send us a valid, written Counter Notification meeting the requirements described above, we will restore your removed or disabled material, unless we first receive notice from the party filing the Notification informing us that such party has filed a court action to restrain you from engaging in infringing activity related to the material in question. Please note that if you materially misrepresent that the disabled or removed content was removed by mistake or misidentification, you may be liable for damages, including costs and attorney’s fees. Filing a false Counter Notification constitutes perjury.

Designated Copyright Agent

DsMenu
Attn: Copyright Agent
199 N Arroyo Grande Blvd
Henderson, NV 89074
support@moogx.ai
tel 904-441-6023

TERM AND TERMINATION

These ToS shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE ToS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON IF WE REASONABLY CONSIDER THAT SUCH PERSON IS IN BREACH OF THESE ToS, OUR ACCEPTABLE USE POLICY, OR OF ANY APPLICABLE LAW OR REGULATION, INCLUDING WITHOUT LIMITATION BREACHES OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE ToS.

WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION IF WE CONSIDER THAT YOU HAVE BREACHED, OR ARE LIKELY TO BREACH, ANY OF THE ABOVE.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the Content or the Services from time to time to comply with new laws or regulations or to update our offerings. We also reserve the right to modify or discontinue all or part of the Services if Company were to close down or if we decide to change Company’s business offering. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.

We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services from time to time and will endeavor to give you notice of such changes. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services.

Nothing in these ToS will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.

GOVERNING LAW

These ToS and your use of the Services are governed by and construed in accordance with the laws of the State of Nevada applicable to agreements made and to be entirely performed within the State of Nevada, without regard to its conflict of law principles.

DISPUTE RESOLUTION

Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these ToS (each a “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration or litigation (as applicable per below). Such informal negotiations commence upon written notice from one Party to the other Party.

For our customers based in the United States, the following will apply:

Binding Arbitration

If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, we will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Clark County, NV. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Clark County, NV, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these ToS.

In no event shall any Dispute brought by either Party related in any way to the Services be commenced more than one (1) year after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

Exceptions to Informal Negotiations and Arbitration

The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

For our customers based outside of the United States:

If the Parties are unable to resolve a Dispute through informal negotiations as set out in this Section (see Informal Negotiations above), you hereby agree to the exclusive jurisdiction of the courts of Clark County, NV, in relation to any dispute which may arise in connection with these ToS and/or your use and receipt of the Services.

CORRECTIONS

There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information.

We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.

DISCLAIMER

THE SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. YOU AGREE THAT YOUR USE OF OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SOFTWARE OR THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES, THE CONTENT OR ANY THIRD-PARTY CONTENT AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES.

WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD-PARTY WEBSITE AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR COMPANY’S DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, OR ANY (DIRECT OR INDIRECT): (A) LOSS OF DATA, (B) LOST PROFIT, OR (C) LOST REVENUE OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF (A) THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING AND (B) THE SUM OF US$100.

CERTAIN STATE LAWS AND COUNTRIES’ LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your contributions; (2) use of the Services; (3) breach of these ToS; (4) any breach of your representations and warranties set forth in these ToS; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Services with whom you connected via the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

USER DATA

We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services.

You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby agree that you shall independently back up all your data and waive any right of action against us arising from any such loss or corruption of such data.

ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Website or using the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing.

YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES.

You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

Affiliate Guidelines

We offer an Affiliate program that allows clients of approved Affiliates a discounted subscription plan, whereby Affiliate clients receive a reduced price of 15%, via a coupon code associated with their respective Affiliate. Note: Affiliates must maintain a paid Pro plan to retain their affiliate status.

• Affiliates benefit from offering their individual clients a discounted subscription rate for access to our platform.
• Affiliates can then benefit from providing clients with services related to our platform, in addition to other services the Affiliate may provide to their clients.
• Our platform provides a creative asset generation, deployment, and hosting solution for end users.
• Affiliates with over four(4) active paid subscriber clients will receive a free Pro plan.

Eligibility Criteria

• Eligible Affiliates must have a website or social media presence relevant to the digital signage or technology sector.
• Must have an established audience or customer base.
• Must comply with local and international laws and regulations.
• Must not engage in prohibited activities as outlined in our Terms of Service.
• Must be listed as Affiliate Administrator within website backoffice:
• Maintain a paid Pro plan subscription, or
• Maintain a minimum of four(4) or more active clients with paid subscriptions after the first anniversary date of Affiliate status.

Application Process

• Request Affiliate membership via text message to 904-310-4363 with “Affiliate Request”.
• Provide detailed information about the website, social media channels, and audience demographics.
• Agree to our Terms of Service.

Performance Standards

• Initial Requirement: Must start with a minimum of 1 client.
• Ongoing Requirement: Must add a minimum of 1 client each quarter, beginning with the first full quarter following the initial Affiliate status date. In other words, four(4) new clients per anniversary date, beginning the day after initial Affiliate request.
• Compliance with our brand guidelines and promotional materials.

Commission Structure

• Affiliates DO NOT MAKE A COMMISSION.
• Affiliate fees earned would be any compensation the Affiliate receives from the end user/client, and their clients' ability to access our platform at a reduced price.

Marketing and Promotion

• Affiliates must use approved marketing materials and follow our branding guidelines when applicable.
• Prohibition of misleading or false advertising.

Content Guidelines

• Content must be ethical, professional, and in line with our brand values.
• Prohibition of content that includes hate speech, discrimination, or any form of harassment.

Support and Training

• We provide Affiliates with 24/7 support, not to include custom design work which is available for a separate cost.
• Design support. We will provide design support as follows:
• 1 hour free support/onboarding/training
• $50.00 hourly design support thereafter.

Client Signup Process

• Affiliates must ensure clients maintain their paid subscription plans.
• Affiliates will be assigned a unique 15% coupon code for their respective client signups.
• Affiliate clients must sign up with their respective affiliate form which is assigned to them.

Termination Clause

• We reserve the right to terminate your affiliate agreement at any time for non-compliance, poor performance, or any activities that harm our brand or reputation, or violate the Terms of Service.
• Client accounts remain our property.

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