Terms of Use & Privacy Policy

1. Who We Are • Corporate Structure, Roles & Contracting Entity

Moonode operates through affiliated companies:

• Moonode Inc. • a corporation incorporated under the laws of Canada ("Moonode Inc."). Moonode Inc. operates the Platform, provides customer support for Canadian operations, and is the primary contracting party for Users whose principal place of use or billing address is in Canada.

• Moonode LLC • a limited liability company organized under the laws of the United States ("Moonode LLC"), an affiliate of Moonode Inc. Moonode LLC is the entity registered with our payment processor, Stripe, Inc., and appears as the merchant of record on payment card and bank statements for subscription and other online charges processed through Stripe.

Roles:

(a) Service provider. Moonode Inc. (and, for Users outside Canada as described below, Moonode LLC) licenses the Platform and delivers the services you subscribe to or use.

(b) Payment processing. Online payments are collected through Stripe using a Moonode LLC merchant account. Moonode LLC processes payments as billing agent and merchant of record on the Stripe account; Moonode Inc. remains responsible for delivering the services you pay for. Your payment to Moonode LLC satisfies your obligation to pay for the applicable subscription or purchase, subject to your statutory rights.

(c) Contracting entity. You contract with:

• Moonode Inc., if your account country, billing address, or principal place of use is Canada; or

• Moonode LLC, if your account country or billing address is outside Canada and you are not a consumer protected by mandatory Canadian consumer or privacy laws; or

• the entity identified at checkout or in an order form, if different and expressly stated.

For clarity, Canadian consumers dealing with Moonode Inc. may still see Moonode LLC on Stripe receipts; that reflects payment routing, not a change of service provider.

(d) Invoicing & Canadian taxes. Subscription invoices and Stripe payment receipts are issued by Moonode LLC. Canadian sales taxes (GST/HST/QST), where applicable, are calculated and collected on those charges and remitted by Moonode Inc. as the Canadian operating entity. This does not change which entity provides the services described in (a).

Contact & notices: Email support@moonode.com (general support and privacy requests • use subject line "Privacy Request" for privacy matters). Mailing addresses are available upon request for legal or regulatory correspondence.

2. Acceptance & Electronic Contracting

You represent that you have authority to bind yourself or the organization you register. For organization accounts, you represent that you are authorized to accept this Agreement on behalf of that organization.

We may provide this Agreement in English and French. Where French is required by law (including for Quebec consumers), the French version at the same URL path with ?lang=fr prevails over the English version to the extent of any inconsistency.

Electronic acceptance (clickwrap, account creation, or payment confirmation) is binding to the fullest extent permitted by applicable law.

3. Eligibility & Accounts

You must be at least the age of majority in your province, territory, or state to open an account. The Platform is not directed to children. We do not knowingly collect personal information from children under 14 without verifiable parental consent (see Privacy Policy). Organization administrators are responsible for content displayed on their screens and for their end users' compliance.

You must provide accurate registration information and keep credentials confidential. Notify us immediately at support@moonode.com of unauthorized access.

4. Services, License & Acceptable Use

Subject to this Agreement and your plan, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform for your internal business, community, or organizational purposes (including commercial digital signage use under a paid or approved plan).

You may not: reverse engineer the Platform except as permitted by law; scrape or mine data without consent; resell access except as authorized; upload unlawful, infringing, or harmful content; circumvent security; or use the Platform to harass, discriminate, or violate third-party rights.

You retain ownership of content you upload. You grant Moonode a worldwide license to host, display, transmit, and process your content solely to operate and improve the Platform.

5. Fees, Billing, Stripe & Taxes

Paid features are described on our website or dashboard. Prices may change on renewal with notice where required.

Payments are processed by Stripe. By paying, you also agree to Stripe's terms and privacy policy. Card charges may be processed by Moonode LLC as Stripe merchant of record. You authorize us and Stripe to charge your payment method for recurring subscriptions until you cancel in accordance with this Agreement and your plan terms.

You are responsible for applicable taxes unless we state otherwise. Online invoices and card receipts are issued by Moonode LLC via Stripe. Canadian tax collection and remittance, where required, is handled by Moonode Inc.

6. Refunds, Cancellations & Statutory Rights

Unless a separate written offer states otherwise, subscription fees are non-refundable once a billing period has started, except where mandatory law requires a refund or credit.

Without limiting the foregoing, if you are a consumer in Canada, nothing in this Agreement excludes, restricts, or waives rights you have under applicable consumer protection legislation (including rights relating to misrepresentation, failure to deliver, unfair practices, or cooling-off periods where applicable to your transaction type). If you are a consumer in Quebec or Ontario, mandatory arbitration clauses and class-action waivers in Section 16 do not apply to you.

You may cancel recurring subscriptions through the dashboard or by contacting support@moonode.com. Cancellation stops future charges; access may continue until the end of the paid period unless otherwise stated.

7. Third-Party Services & Links

The Platform may integrate third-party services (hosting, analytics, maps, payment, app stores). Those services are governed by their own terms. We are not responsible for third-party websites linked from the Platform.

8. Intellectual Property

The Platform, software, branding, and our content are owned by Moonode Inc., Moonode LLC, or licensors and protected by Canadian, U.S., and international intellectual property laws. "Moonode" and related logos are trademarks of Moonode Inc. and/or Moonode LLC. No rights are granted except as expressly stated.

9. Disclaimers

THE PLATFORM AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MOONODE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT UNINTERRUPTED OR ERROR-FREE OPERATION.

Some jurisdictions do not allow certain disclaimers; in those cases, disclaimers apply only to the extent permitted.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER MOONODE INC., MOONODE LLC, NOR THEIR DIRECTORS, OFFICERS, EMPLOYEES, OR AFFILIATES SHALL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR LOST PROFITS, DATA, OR GOODWILL, ARISING FROM YOUR USE OF THE PLATFORM.

OUR AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE PLATFORM SHALL NOT EXCEED THE GREATER OF (A) AMOUNTS YOU PAID TO MOONODE IN THE TWELVE (12) MONTHS BEFORE THE CLAIM, OR (B) ONE HUNDRED CANADIAN DOLLARS (CAD $100) / ONE HUNDRED U.S. DOLLARS (USD $100), EXCEPT WHERE LIABILITY CANNOT BE LIMITED BY LAW (INCLUDING CERTAIN CONSUMER CLAIMS IN CANADA).

11. Indemnification

You will defend and indemnify Moonode Entities against third-party claims arising from your content, your breach of this Agreement, or your violation of law, except where caused by our gross negligence or willful misconduct. This section does not apply to the extent prohibited for consumers under applicable Canadian law.

12. Termination

You may stop using the Platform at any time. We may suspend or terminate access for breach, risk, non-payment, or legal requirement, with notice where practicable. Sections that by nature should survive (payment obligations, IP, disclaimers, liability limits, indemnity, governing law) survive termination.

13. Copyright & Intellectual Property Complaints

Canada: If you believe content on the Platform infringes copyright, send a notice to support@moonode.com with subject "Copyright Notice (Canada)" including identification of the work, the material, your contact information, and a good-faith statement. We will follow applicable notice-and-notice procedures under the Copyright Act (Canada).

United States: For U.S. copyright claims, you may submit a notice complying with the Digital Millennium Copyright Act (17 U.S.C. § 512) to support@moonode.com with subject "DMCA Notice."

14. Governing Law

If you contract with Moonode Inc. (Canadian Users): This Agreement is governed by the laws of the Province of Quebec and the federal laws of Canada applicable therein, without regard to conflict-of-law rules that would apply another jurisdiction's laws, except that consumer protection laws of your province or territory of residence apply where they mandate greater protection.

If you contract with Moonode LLC (non-Canadian Users, where permitted): This Agreement is governed by the laws of the State of Delaware, USA, without regard to conflict-of-law rules, except that mandatory consumer protections in your place of residence may still apply.

15. Dispute Resolution

Canadian consumers (Moonode Inc.): You may bring disputes in the courts of your province or territory of residence, or in Quebec if you are domiciled in Quebec. Pre-dispute mandatory arbitration and class-action waivers do not apply to you where prohibited by the Consumer Protection Act (Quebec), the Consumer Protection Act, 2002 (Ontario), or other applicable law.

Business Users in Canada: Parties will attempt good-faith resolution for 30 days before litigation. Either party may then bring proceedings in Quebec courts unless otherwise agreed in writing.

Moonode LLC Users (where Section 14 applies): Except where prohibited, disputes may be brought in state or federal courts located in Delaware, USA, or resolved by binding arbitration administered by JAMS in English, on an individual basis only, if both parties agree in writing after a dispute arises. Class proceedings are waived only to the extent enforceable for non-consumers.

16. Entire Agreement & Severability

This Agreement, order forms, and policies referenced herein constitute the entire agreement regarding the Platform. If any provision is unenforceable, the remainder stays in effect. Failure to enforce a provision is not a waiver.

17. Modifications

We may update this Agreement by posting a revised version with a new effective date. Material changes affecting Canadian Users will be communicated via the Platform, email, or other means required by PIPEDA, Quebec Law 25, or consumer protection law, including advance notice when required.

18. Contact

General: support@moonode.com

Privacy officer / privacy requests: support@moonode.com

Legal notices: support@moonode.com (subject: Legal Notice)