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Terms of Service

⚠️ DRAFT — NOT YET IN EFFECT

This document is a draft framework and has not been reviewed by legal counsel. It must be reviewed and approved by a qualified attorney before publication or enforcement. Do not publish or reference this document as binding terms until legal review is complete.

Last updated: [DATE TBD on legal review]

1. Introduction

These Terms of Service ("Terms") govern your use of the MoonFactory client portal and related services provided by MoonFactory Creative Lab ("MoonFactory", "we", "us", "our"). The portal is an online workspace where our clients manage their websites, files, billing, analytics, content, and support requests with us.

By accessing the portal or using any service we provide through it, you ("Client", "you", "your") agree to these Terms. If you do not agree, please do not use the portal.

2. Definitions

  • Service — the MoonFactory client portal and the underlying services we provide to you, which may include website management, hosting management, DNS management, analytics, content creation, file management, QR codes, plugin maintenance, project tracking, support, and access to our AI assistant ("Atlas").
  • Client — the individual or organization that has engaged MoonFactory and has access to the portal.
  • Portal — the web application available at our portal address that you sign into to use the Service.
  • Content — files, text, images, data, and other materials you upload, submit, or store via the Portal, plus deliverables we produce for you.
  • Confidential Information — non-public information disclosed by either party in connection with the Service, whether or not marked as confidential.

3. Service Description

MoonFactory provides a managed creative and technical service for clients. Depending on your individual service agreement, this may include:

  • Website management and maintenance
  • Hosting management
  • DNS management
  • Website analytics (privacy-respecting, consent-gated)
  • Content creation (articles, posts, copy)
  • File management and delivery
  • QR code generation
  • Plugin maintenance and updates
  • Project tracking and progress visibility
  • Client support and ticketing
  • Access to our AI assistant ("Atlas") where included

The exact scope, deliverables, fees, and terms of any specific engagement are set out in your individual service agreement, statement of work, or proposal. These Terms apply to your use of the Portal and are read alongside that agreement.

4. Account and Access

  • Sign-in. The Portal uses email-based sign-in links rather than passwords. We send a one-time sign-in link to the email address we have on file for you.
  • Sessions. Once signed in, your session remains active for approximately 30 days unless you sign out, clear your browser data, or your account is deactivated.
  • Email security. Because access to the Portal is tied to access to your email inbox, you are responsible for keeping that inbox secure. Use a strong password on your email account, enable two-factor authentication where available, and notify us immediately if you suspect unauthorized access.
  • Multiple users. You may request additional sign-ins for colleagues. Each person receives their own sign-in. You are responsible for the actions of users you invite.

5. Client Obligations

You agree to:

  • Provide accurate and current information (including a working email address).
  • Use the Portal and Service only for lawful purposes and not in any way that infringes the rights of others, breaches applicable law, or interferes with the operation of our systems.
  • Respond in a reasonable timeframe to information requests, content reviews, and approvals where your input is required for us to deliver work.
  • Pay invoices in accordance with the payment terms in your individual service agreement and section 8 below.
  • Not attempt to reverse engineer, scrape, overload, or interfere with the Portal.
  • Not upload material that is illegal, infringes copyright, contains malware, or that you do not have the right to upload.

6. Intellectual Property

  • Your content. You retain ownership of all Content you upload to the Portal and any data you provide to us. You grant us a limited license to host, process, and use that Content solely as needed to provide the Service.
  • Our software. MoonFactory owns the Portal software, our internal tools, our methodologies, and any underlying technology used to deliver the Service. Nothing in these Terms transfers ownership of those to you.
  • Work product. Ownership of deliverables we produce for you (such as written content, designs, or code) is governed by your individual service agreement. In the absence of specific terms, deliverables you have paid for in full transfer to you on payment.

7. Data and Privacy

Our handling of your personal data is described in our Privacy Policy. In summary:

  • We collect only the data we need to provide the Service.
  • We do not sell your data.
  • We use a small number of trusted third-party processors (such as our email, billing, and hosting partners) — they are listed in the Privacy Policy.
  • You have the right under applicable data protection law (including the GDPR and UK GDPR where they apply) to access, export, correct, and request erasure of your personal data. Email hello@moonfactory.dev to exercise these rights.

8. Payment Terms

  • Fees, billing frequency, and payment terms are set out in your individual service agreement.
  • Invoices are issued through our online billing partner. You will receive each invoice by email and can also view it in the Billing section of the Portal.
  • Payment is due by the date shown on each invoice unless your individual agreement says otherwise.
  • We may suspend the Service for accounts with materially overdue invoices after reasonable notice. We will not delete your data or take destructive action without first attempting to reach you.
  • All fees are exclusive of taxes unless stated otherwise. You are responsible for any applicable VAT, GST, sales tax, or similar.

9. Service Level

  • Availability. We aspire to keep the Portal and your hosted services highly available. We do not guarantee uninterrupted operation. Concrete service level commitments (uptime targets, response times, credits) — where they apply — are set out in your individual service agreement.
  • Support response. We aim to acknowledge support tickets within one business day. Urgent issues (such as a website outage or a billing problem) are prioritized.
  • Maintenance. We may carry out scheduled maintenance from time to time, ideally outside business hours. Where maintenance is likely to cause disruption, we will give reasonable notice.

10. Limitation of Liability

To the fullest extent permitted by applicable law:

  • The Service is provided "as is" and "as available", without warranties of any kind beyond those that cannot be excluded by law.
  • MoonFactory will not be liable for indirect, incidental, special, consequential, or punitive damages, or for loss of profits, revenue, data, or business opportunity.
  • Our total aggregate liability arising out of or relating to these Terms or the Service is limited to the fees you paid to us in the twelve (12) months preceding the event giving rise to the claim.
  • Nothing in these Terms limits liability for fraud, willful misconduct, gross negligence, or any other liability that cannot be excluded under applicable law.

Note: this limitation needs jurisdiction-specific tailoring during legal review.

11. Termination

  • By you. You may end your engagement with MoonFactory in accordance with the notice period in your individual service agreement. Email hello@moonfactory.dev to start the offboarding process.
  • By us. We may suspend or terminate your access if you materially breach these Terms or your individual service agreement and do not remedy the breach after we give you reasonable notice.
  • Offboarding. On termination we will work with you to hand over your data, accounts, and deliverables. You may request a data export at any time before termination and for at least 30 days afterward (see section 12).

12. Data Retention After Termination

  • Active data. We retain your Portal account data, files, and operational records for 30 days after termination, during which you can request a final data export.
  • Erasure. After 30 days (or earlier on your written request), we anonymize or remove personal data we hold about you in accordance with the Privacy Policy and applicable law.
  • Invoices and tax records. We retain invoice and billing records for up to 7 years to meet our legal and tax obligations, even if other data has been deleted.
  • Backups. Backups are rotated on a normal cycle; data may persist in encrypted backups for a short period after deletion before being overwritten.

13. Modifications

We may update these Terms from time to time. If we make material changes, we will:

  • Post the updated Terms in the Portal with a new "Last updated" date.
  • Notify you by email at the address on file.

Continued use of the Portal after the effective date of the updated Terms constitutes acceptance. If you do not accept a change, you may terminate the engagement under section 11.

14. Governing Law

These Terms are governed by the laws of [JURISDICTION TBD], without regard to conflict-of-law principles. The courts of [JURISDICTION TBD] have exclusive jurisdiction over any dispute arising out of or relating to these Terms or the Service, except where applicable law gives you a right to bring proceedings in your country of residence.

Jurisdiction must be confirmed by counsel before publication.

15. Contact

Questions about these Terms? Email hello@moonfactory.dev.

⚠️ DRAFT — NOT YET IN EFFECT

This document is a draft framework and has not been reviewed by legal counsel. It must be reviewed and approved by a qualified attorney before publication or enforcement. Do not publish or reference this document as binding terms until legal review is complete.