Last updated May 23rd, 2023

These Terms of Service alongside with our Privacy Policy (if applicable) regulate the access to and the use of the website moodbird.co that is owned and operated by Moodbird LLP, and/or any affiliated subdomains and/or websites that include and/or refer to these Terms of Service and/or by means of that we give you access to our digital products (the "Website"), as well as educational services rendered by Moodbird LLP and/or digital products offered including but not limited to by means of the Website (the "Products").

By using this Website, purchasing our Products by means of the Website you confirm that you have read and understood these Terms of Service and give your express consent to be bound by the terms and conditions stated herein. IF YOU DO NOT AGREE WITH THESE TERMS OF SERVICE, YOU MUST IMMEDIATELY CEASE USING THE WEBSITE AND/OR THE PRODUCTS.

These Terms of Service constitute a legally binding agreement made between you, as the purchaser of the Products, and Moodbird LLP (to be also hereinafter referred to as "we", "our", "ours" or "us") as the provider of the Products. In the event there is a conflict between these Terms of Service and an agreement made between you and us in writing, the provisions of such an agreement shall prevail.

We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Service from time to time. We will alert you about any changes by updating the "Last updated" date of these Legal Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Legal Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Legal Terms by your continued use of the Services after the date such revised Legal Terms are posted.

1. Registration and User Account
   • To access the Website and to be provided with the Products, it will be necessary for you to register an account, which may necessitate the provision of specific registration details or additional information.
   • Your use of the Website is contingent upon the accuracy, truthfulness, and completeness of all information submitted to us by means of the Website.
   • By providing any information for registration or other purposes on the Website, you represent and warrant that:
     • such information is subject to our Privacy Policy, and you consent to our actions pertaining to your information in accordance with our Privacy Policy;
     • all registration information you submit will be true, accurate, current, and complete;
     • you have the legal capacity and you agree to comply with these Terms of Service;
     • you are not under the age of 13;
     • you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Products;
     • you are not accessing the Products through automated or non-human means, whether through a bot, script or otherwise;
     • you will not use the Products for any illegal or unauthorized purpose; and
     • your use of the Products will not violate any applicable law or regulation.
   • You also represent that your account is personal to you and agree not to provide any other person or entity with your user credentials, which make it possible for any third party to access to your account. You shall promptly inform us of any unauthorized use of your login information or any other security breach. You assume full liability for your own and third-party activities occurring under your account.
   • In the event that you create an account on behalf of an entity, these Terms shall apply to both you and the respective entity.
   • We reserve the right to disable any username, password, or other identifier, whether chosen by you or assigned by us, at any time, at our sole discretion, for any reason or no reason, including if we believe you have violated any provision of these Terms of Service.
2. Acceptable Use
   • By signing up with the Website and starting using the Products, you expressly agree:
     • to abstain from using the Website or any of the Products in violation of:
   • any applicable law or regulation; or
   • any rights any third party may have (including intellectual property rights, rights to personal data etc.).
     • to abstain from using our Website and/or any of the Products to:
   • retrieve data or other content from the Website and/or the Products to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us;
   • trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords;
   • circumvent, disable, or otherwise interfere with security-related features of our Website and/or our Products, including features that prevent or restrict the use or copying of any Products or enforce limitations on the use of the Website and/or the Products contained therein;
   • delete the copyright or other proprietary rights notice from any Products;
   • use the Products as part of any effort to compete with us or otherwise use the Website and/or the Products for any revenue-generating endeavor or commercial enterprise.
     • to abstain from using the Website or any of the Products to perform any governmental, municipal and/or any other similar functions and duties;
     • to abstain from using the Products to:
   • violate any person’s privacy, safety and/or mental and/or physical health;
   • cause any damage to any third party;
   • distribute and/or make in any other way available illegal, harmful or offensive content;
   • distribute any unlawful content or encourage any unlawful activity;
   • to circumvent and/or provide assistance to any third party to circumvent any restrictive measures (including sanctions, export controls etc.) imposed by any government and/or international organization in respect of any country, organization (including a commercial entity), individual and/or group of individuals.
     • We may share any information relating to you with any authority in case of a complaint or a lawsuit, if we determine that it is necessary to comply with law, regulation, subpoena or court order.
     • We may in our sole discretion and at any time suspend or block your access to the Website, if we detect that your use of the Products and/or registration with the Website:
   • violates any of your covenants indicated in clause 2.1 above and/or violates any applicable laws and/or third-parties rights in any other way;
   • poses any security risks to us, the Website or any third party;
   • may adversely impact the Website or any other our customer;
   • may subject us, our affiliates, or any third party to liability, or is in breach under any applicable laws or regulation;
   • may be fraudulent; or
   • may disparage or devalue our reputation or goodwill.
3. Our Products
   • We can offer our Products through our Website and/or external marketplaces (including, but not limited to Gumroad). By using such third-party websites, as well as purchasing our Products therefrom, you agree to be bound by their terms and conditions (including terms of service, privacy policies etc.). We shall not be held liable for any damages or losses, whether actual or alleged, resulting from or in connection with the use of or reliance on any such third-party marketplace.
4. Fees and Payment
   • You shall be invoiced automatically via the chosen payment method, based on the cost of the chosen Products.
   • We accept the following forms of payment:

• Visa;
• Mastercard;
• AMEX;
• Discover;
• Maestro;
• Diner’ Club;
• PayPal;
• Apple and Google Pay;
• Most debit cards.
  • All purchases of the Products are deemed final and non-refundable, except at our sole discretion.
  • To the maximum extent permitted by applicable laws, we reserve our right to modify the prices for our Products. We will provide you with reasonable notice of any such price alterations by displaying the updated pricing on or via the Website.
  • All prices are exclusive of any withholding or other applicable taxes, and you shall bear the responsibility for the payment of all such taxes, levies, charges, or duties, including but not limited to sales or usage taxes, imposed by any federal, state, or local governmental authority on the Products provided by us pursuant to these Terms of Service or any other documents, excluding taxes based on our net income, gross revenue, or employment obligations.

1. Intellectual Property Rights
   • You acknowledge that all the rights in and to the Website and any content displayed thereon (including but not limited to all information, software, databases, video, audio, interface, graphics, trademarks, logos, designs, text, compilations and all other elements of the Website, the System or the Services) (the "IP") are owned by us or licensed to us and are protected by intellectual property and other laws protecting proprietary rights.
   • Except as expressly stated herein, these Terms of Service do not grant you any right to, or in, our IP or any other rights or licenses in respect of the Website and/or the Products.
   • Except as set out in this section or elsewhere in our Terms of Service, no part of the Website and/or our Products may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
   • Subject to your compliance with these Terms of Service we grant you a non-exclusive, non-transferrable revocable license to:

• access our Website;