Terms of Service

moCal – TERMS OF SERVICE
Effective from 01st January 2024

THIS IS A LEGALLY BINDING AGREEMENT BETWEEN YOU OR THE ENTITY YOU REPRESENT (“YOU” OR “YOUR”) AND MORIS MEDIA PRIVATE LIMITED, GOVERNING YOUR USE OF moCal’s COMPREHENSIVE SUITE OF ONLINE BUSINESS PRODUCTIVITY AND COLLABORATION SOFTWARE.

Components of This Agreement:

This Agreement comprises the following terms and conditions (the “General Terms”) and any additional terms specific to individual Services (the “Service Specific Terms”). In cases of conflict, the Service Specific Terms will take precedence over the General Terms.

Accepting This Agreement:

To accept this Agreement, you must be legally capable of entering into a binding contract. If you do not agree with the General Terms, please refrain from using any of our Services. If you agree to the General Terms but not to the Service Specific Terms, do not use the corresponding Service. You can accept the Agreement by checking a checkbox, clicking a button indicating acceptance, or by actively using the Services.

Description of Our Services:

moCal provides a range of cloud-based software and applications for businesses, which includes related offline and mobile applications (“Service” or “Services”). These Services are available for your personal and business use, or for internal purposes within your organization. Access to the Services can be gained via any Internet browser supported by the Services. You are responsible for securing Internet access and the necessary equipment to use the Services. With your user account, you can create, edit, publish, and share content at your discretion.

Beta Features:

moCal occasionally offers certain Services as closed or open beta versions ("Beta Service" or “Beta Services”) for testing and evaluative purposes. By engaging with these Beta Services, you acknowledge that moCal holds the exclusive right to determine the testing period. The success of these Beta Services and their potential transition to commercial services is at our sole discretion. Your participation in Beta Services does not obligate you to purchase a subscription for any future paid Services. We reserve the right to modify, suspend, or discontinue any Beta Services, either in whole or in part, at any time without prior notice. moCal is not liable for any impact this may have on you or third parties.

Free Trial Offer:

If you sign up for a free trial of one or more of moCal's Services, we will provide these Services to you at no cost for the trial period, which ends on the earlier of (i) the conclusion of the free trial period for the selected Services (unless you choose to end it sooner), (ii) the commencement of any paid subscription for these Services, or (iii) termination by moCal at our discretion. Be aware that any data entered or customizations made during the free trial will be lost unless you (i) purchase a corresponding paid subscription, (ii) upgrade to a relevant paid Service, or (iii) export your data before the trial ends. Please note that during the free trial, the Services are provided "as-is" without any form of warranty, support, or liability, as permitted by law.

User Registration Obligations:

To access and use moCal Services, you must create a user account by providing all necessary information. If you are using the Services on behalf of an organization for internal corporate use, it’s recommended that you and other users from your organization register with your corporate contact details, particularly using your corporate email address. You agree to: (i) provide true, accurate, current, and complete information about yourself as required during the registration process; and (ii) maintain and update this information to keep it accurate and complete. If any information you provide is false, inaccurate, outdated, or incomplete, or if moCal has reason to suspect this, we may terminate your user account and deny access to our Services.

Usage Restrictions:

Under the terms of this Agreement, you agree not to: (i) Transfer or make the Services available to any third party. (ii) Use the Services to provide third-party services without moCal's written consent. (iii) Share user licenses among multiple users, except for reassigning to new users. (iv) Disassemble, reverse engineer, or decompile the Services, except as permitted by law. (v) Use third-party site links without agreeing to their terms & conditions. (vi) Post links or use logos/names of third-party sites without their written permission. (vii) Gain unauthorized access to the Services, systems, or networks. (viii) Use the Services in a way that could harm our servers, networks, or resources. (ix) Send or store harmful computer codes, viruses, or software. (x) Disrupt the integrity, security, or performance of the Services. (xi) Create false identities to mislead others about communication origins. (xii) Share information you don’t have rights to, including personal data without consent. (xiii) Transmit false information with intent to mislead or harm for financial gain. (xiv) Violate any applicable local, national, or international laws. (xv) Use the Services for competitive or benchmarking purposes. (xvi) Remove or obscure proprietary notices in the Services.

Responsible Use of moCal Services:

As a user of moCal Services, you are responsible for the content of your transmissions. It's crucial that you do not engage in illegal activities or transmit unlawful material, including but not limited to content that is defamatory, harassing, invasive of privacy, abusive, harmful, vulgar, or obscene. Additionally, you must refrain from promoting racism, spreading viruses or malicious code, infringing on intellectual property, or engaging in activities that could offend religious sentiments. The use of moCal Services for "junk mail", "spam", "chain letters", “phishing” or any unsolicited mass distribution of email is strictly prohibited. moCal reserves the right to terminate your service access if we suspect any illegal or unauthorized use.

Third-Party Application Integration:

moCal Services are designed to integrate with various third-party applications ("Third Party Applications"). Using these Third Party Applications may require you to accept their respective terms of service and privacy policies ("Third Party Terms"). It is your responsibility to review and understand these Third Party Terms before using any Third Party Application. Please be aware that moCal is not responsible for any issues arising from Third Party Applications. Although we aim to notify you in advance when possible, moCal reserves the right, at our discretion and without notice, to suspend, restrict, or disable access to or remove any Third Party Application from our Services. This action can be taken without liability for any loss of profits, revenue, data, goodwill, or other intangible losses you may incur.

Subscription Period and Fees:

moCal offers its Services under various subscription plans of different durations, , which are outlined in detail on our pricing page. For subscription plans shorter than a year, payments can be made exclusively by Credit Card. Your subscription will automatically renew at the end of each subscription period unless you opt to downgrade to a free plan or notify us of your decision not to renew. Upon automatic renewal, the subscription fee will be charged to the last Credit Card you used. We offer the flexibility to change your payment details if you prefer the renewal charge to be made through a different Credit Card. To avoid automatic renewal, you must inform us at least seven days before the renewal date. Failure to downgrade or inform us will be taken as your authorization for moCal to charge the renewal fee to your last used Credit Card.

moCal is committed to delivering high-quality software for your business or professional needs. For monthly subscriptions, if you're dissatisfied within the first 7 days of use, contact us for a resolution, workaround, or a timeline for a suitable solution. If you're still not satisfied, we'll issue a full refund and downgrade your account to a free plan.

For annual subscriptions, we offer significant discounts for upfront payments. If you're dissatisfied within the first 7 days, please reach out to us. We'll strive to resolve your concerns or offer a full refund, downgrading your account to a free plan if we cannot meet your needs.

If any functionality you subscribed to is removed, broken, or discontinued during your contract, notify us immediately. Should we fail to fix a broken functionality or provide a satisfactory workaround for discontinued functionality within promised timelines, we will offer a pro-rated refund for the remainder of your contract.

If you wish to partially downgrade your annual subscription, such as reducing user licenses or downgrading service tiers, we will provide credits extending your subscription for the active licenses. Credits will be calculated based on the total amount paid minus the used portion of the subscription at the monthly list price.

We may change the price of any Service or charge for currently free Services. Any price increase will apply after your current billing cycle ends. You will not be charged for any Service unless you have chosen a paid subscription plan.

If taxes like GST, VAT, or sales tax apply to your subscription under local or international laws, moCal will invoice you for such Taxes. You agree to pay these Taxes in addition to the subscription fees. We will provide invoices in the legally prescribed format to facilitate your input tax credit claims for such paid Taxes.

Management of Organization Accounts:

When creating a moCal account for your organization, you have the option to designate one or more administrators. These administrators are empowered to tailor the Services to meet your organization's needs and to manage end-user accounts within your organization. In cases where a third party sets up your organization's moCal account, they may assume the administrator role. It's important to establish a clear agreement with any third party handling your account, outlining their responsibilities and limitations as an administrator.

As the account holder, you are responsible for:

  1. Keeping your organization account password confidential.
  2. Selecting qualified individuals to act as administrators for your account.
  3. Ensuring all actions within your organization account are in line with this Agreement.

Please be aware that moCal is not responsible for the internal management or administration of your account.

It's crucial to implement measures to prevent the loss of control over your administrator accounts. You can define a recovery process for regaining control in such events by emailing us at legal@mocal.ai, provided moCal approves the process. If no specific recovery process is set, moCal may transfer control of an administrator account to an individual who provides satisfactory proof of authorization to represent the organization. moCal is committed to acting in good faith but cannot be held liable for any actions taken under these circumstances.

Privacy and Personal Information:

Your personal information provided to moCal through our Services is governed by the moCal Privacy Policy. Choosing to use our Services implies your acceptance of the terms of the moCal Privacy Policy. It’s your responsibility to keep your username, password, and other sensitive information confidential. You must also ensure the security of your user account and promptly notify us at accounts@mocal.ai or through our contact numbers on moCal’s Contact Us page in case of any unauthorized use of your account. Please note, moCal is not liable for any loss or damage arising from unauthorized account access.

Communications from moCal:

Using our Services includes receiving certain communications from moCal, like service announcements and administrative messages, which are considered a part of our service offering. While we respect your privacy completely, opting out of newsletters is possible, but service-related and administrative messages are mandatory.

Handling Complaints:

If we receive a complaint about your activities related to our Services, we will forward it to your primary email address. You are required to directly respond to the complainant within 10 days, copying moCal in the correspondence. Failure to respond within this timeframe allows us to disclose your contact details to the complainant for legal actions. Non-response will be considered as consent to this disclosure.

Inactive User Accounts Policy:

moCal reserves the right to terminate unpaid user accounts inactive for 120 consecutive days. In such cases, all associated data will be deleted. We will notify you beforehand, giving you the chance to back up your data. This policy may apply to any or all of our Services, and each Service is considered separate for calculating inactivity. For multi-user accounts, the account remains active as long as one user is active.

Data Ownership:

At moCal, we respect and acknowledge your ownership rights over the content you create or store. Your use of our Services does not grant moCal any license to use, reproduce, adapt, modify, publish, or distribute your content for commercial, marketing, or any other purposes, without your explicit permission. However, by using our Services, you grant moCal the right to access, copy, distribute, store, transmit, reformat, display, and perform the content within your user account, but solely to the extent necessary for providing our Services to you.

Data Hosting:

The location of the cloud facility serving you is determined by the mapping of your region/country at the time of your sign-up. We reserve the right to migrate your account or request you to migrate to a different cloud facility if there are updates in the region/country to cloud facility mapping. It is important not to mask your IP address during sign-up, as it is used to determine your region/country.

If a discrepancy is found between your actual location and the region/country in our records, moCal may take necessary actions such as migrating your account to the correct cloud facility, closing your account, or denying Service. Additionally, if you are served from a cloud facility outside your region/country and moCal has a local office in your region/country, we may store a local copy of your data within your region/country, in addition to the assigned cloud facility, for enhanced service and compliance.

User Generated Content:

Certain public areas of this website enable you to interact with others, such as the moCal blog and the idea portal (collectively, "Forums"). You may be able to post comments, information, data, text, software, messages, and other materials (each a "Submission") on these forums. We are thrilled to hear from our Users and Invitees! It is immensely useful and helps us improve moCal for everyone. If you provide a Submission directly to us or through a Forum, you agree that we may use it without restrictions or compensation.

Any information you post to a forum may be viewed, collected, and used by others who gain access to it. To have your information removed from a Forum, please contact support@mocal.ai In some instances, we may be unable to eliminate your personal information; if this is the case, we will let you know why.

You agree that you are wholly responsible for all of your Submissions and that they will not be treated as confidential or proprietary. If you utilize Forums, you are also aware that anyone may view your Submissions. Moris Media does not endorse, nor are we required to pre-screen your Submissions (although we might), and Submissions from other users may offend you, just as they do elsewhere on the Internet. In addition, we cannot guarantee that you will be able to modify or delete any Submission that you have submitted.

By submitting a Submission, you guarantee that you own all rights to your Submission, that it does not infringe on the rights of others, that it does not contravene any laws or regulations, and that it is not offensive.

You grant us an irrevocable, royalty-free license to copy, modify, publish, and exhibit your Submission, as well as to produce, use (and permit others to use) your Submission for any purpose (including, but not limited to, incorporating your Submission into our Website).

We are under no obligation to publish any information or content on our Forum, and we reserve the right to remove information or content at our sole discretion, with or without prior notice.

Sample Files and Applications Usage:

moCal may provide sample files and applications to demonstrate effective use of our Services for specific purposes. These samples contain random data, and moCal makes no express or implied warranties regarding their accuracy, usefulness, completeness, or reliability.

Trademark Policy:

The 'moCal' name, moCal logo, individual Service names, and their respective logos are trademarks of Moris Media Private Limited. You agree not to use or display these trademarks without Moris Media’s prior permission.

Disclaimer of Warranties:

YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. moCal EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. moCal DOES NOT WARRANT UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE SERVICE. ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY RESULTING DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA. NO WRITTEN OR ORAL ADVICE OR INFORMATION FROM moCal SHALL CREATE A WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

Limitation of Liability:

moCal SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION, OR COMPUTER FAILURE, ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. moCal’s MAXIMUM LIABILITY UNDER THIS AGREEMENT SHALL NOT EXCEED THE GREATER OF FIFTY THOUSAND RUPEES (₹ 50,000) OR THE AMOUNT PAID BY YOU IN THE PAST TWELVE MONTHS.

Indemnification:

You agree to indemnify and hold harmless moCal, its officers, directors, employees, suppliers, and affiliates, from any claims, damages, losses, and expenses arising from your violation of another party’s rights, laws, the Agreement, or other claims related to your use of the Services, except where such use is authorized by moCal.

Governing Law and Jurisdiction:

This Agreement is governed by and construed in accordance with the laws of your billing address if you are a paid customer, or your state or country of domicile in other cases. Both parties agree to submit to the exclusive jurisdiction of the courts in your billing address or domicile for any disputes arising out of this Agreement.

Account Suspension and Termination

moCal reserves the right to suspend your user account or limit access to the Services, either in whole or in part, in cases of suspected illegal activities, prolonged inactivity, or as required by law enforcement or other governmental authorities. If your account is suspended, you can raise objections by contacting our legal team at legal@mocal.ai within thirty days of the notification.

If an account remains suspended or disabled for thirty days, we may proceed with termination. Additionally, you can request the termination of your user account at any time.

We also retain the right to terminate your user account and deny access to the Services if we reasonably believe there has been a violation of the Agreement. This includes the right to terminate access to any Beta Service due to technical issues or the discontinuation of the service.

If moCal fails to fulfil its obligations under this Agreement, you have the right to terminate your user account. In such cases, you are entitled to a prorated refund of any prepaid fees.

Termination of your user account will result in the denial of access to all Services and the deletion of your account information, including your email address, password, and all stored data.

Terms of Service Modifications:

moCal reserves the right to modify this Agreement at any time. We will notify you of any changes through a service announcement or by sending an email to your primary email address. For significant changes that impact your rights, we will ensure to provide at least 30 days' advance notice via email to your primary email address.

If the changes substantially affect your rights in relation to our Services, you have the right to terminate your use of the Services. To do so, please notify moCal via email within 30 days after being informed of the modified Agreement. In such cases of termination, you are entitled to a prorated refund for any unused portion of prepaid fees.

Continuing to use the Service after the effective date of these changes will be regarded as your acceptance of the modified Agreement.

Conclusion of Terms of Service:

Should you have any inquiries or need clarification regarding this Agreement, please feel free to reach out to us at here..