End User License Agreement and Terms of Service
Date of Last Revision: August 08, 2017
This End User License Agreement and Terms of Service (the "EULA") is a binding contract between you, an individual user ("you") and Moodfit. ("Moodfit", "us" or "we") governing your use of the Moodfit website (the "Website") and mobile application (the "App") (the Website and the App are, collectively, the "Service").BY INSTALLING THE APP OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE EULA IF YOU DO NOT AGREE, THEN YOU MAY NOT USE THE SERVICE.
- 1 The Service is a platform enabling people seeking interior design services ("Clients") to find and select interior designers ("Designers") (both Clients and Designers are "Users"). Please be advised: Although MOODFIT administers the Design Projects (as described in greater detail below) and establishes certain terms for certain packages offered through the Service (including package features, pricing and options), MOODFIT is not otherwise a party to the design services and any other off-line transactions that may take place between Clients and Designers.
- 2 PrismPop provides a platform whereby Designers can participate in the Design Projects and third-party manufactures can offer their products and services, and this platform includes communication tools, including the use of an MOODFIT e-mail address (e.g. @moodfit.com). All Users acknowledge and understand that MOODFIT is not an employer, broker, agent or insurer for any Users of the Service, whether they be Designers or Clients. MOODFIT's acceptance of a Designer to the Service should not be construed or otherwise deemed an endorsement or promotion of such Designer and its acceptance relied upon the Designer's representation and warranty to MOODFIT of the accuracy of information submitted about such Designer. As the Service solely provides a platform and tools for Users to communicate with potential transaction partners, any such transactions are made by all Users at each User's own risk.
- 3 Third Party Fees. You may incur third party fees through use of the Service, such as fees charged by your Carrier for data usage. In addition, you may be subject to third party terms, through your use of the Service, such as your Carrier's terms of service. You acknowledge and agree that you are solely responsible for all such fees incurred by you for use of the Service, and you agree to pay all such fees and abide by all such terms.
- 4 Changes to the EULA. We may revise the EULA at any time by posting an updated version You should visit this page periodically to review the most current EULA, because you are bound by it Your continued use of the Service after a change to the EULA constitutes your binding acceptance of the EULA.
- 5 EligibilityIf you are using or opening an account on the Service on behalf of a company, entity, or organization (each a "Subscribing Entity"), then you represent and warrant that you: (i) are an authorized representative of that Subscribing Entity with the authority to bind such entity to the EULA and (ii) agree to be bound by the EULA on behalf of such Subscribing Entity.
- 6 MinorsThe Service is available only to, and may only be used by, individuals who are 18 years