When you use Mohou.com service, you need to agree Mohou's Terms and Conditions
These terms and conditions ("Terms") form a contract between you and Mohou.com ("Mohou", "we", "us", or "our") that governs your access and use of the Mohou services, website or features, guides or other documentation provided or made available by Mohou (collectively the "Service(s)").
If you are using the Services on behalf of an organization, you are agreeing to these Terms on your own behalf and on behalf of that organization and promising to Mohou that you have the authority to bind that organization to these Terms (in which case, "you" and "your" will refer to you individually and that organization) unless that organization has a separate paid contract in effect with us, in which event the terms of that contract will govern your use of the Services. You may use the Services only in compliance with these Terms and only if you have the power to form a contract with Mohou and are not barred under any applicable laws from doing so. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU MUST NOT USE THE SERVICES. Should you have any questions concerning these Terms, please contact us at globe@mohou.com.
Please note that while Mohou offers refunds for the parts generated through the Services (as further set forth herein) it does not provide legal warranties for the Services or the parts generated by the Services. These Terms also limit our liability to you. See Sections 15 (NO WARRANTY) and 17 (LIMITATION OF LIABILITY) below for details.
1. CHANGES TO THESE TERMS
We reserve the right to revise these Terms from time to time. We will date and post the most current version of these Terms on the Mohou website. Any changes will be effective upon posting the revised version of these Terms on www.mohou.com (the "Site") (or such later effective date as may be indicated at the top of the revised Terms). If in our sole discretion we deem a revision to these Terms to be material, we may notify you via the Services and/or by email to the email address associated with your account. We encourage you to check the date of these Terms whenever you visit the Site to see if these Terms have been updated. Your continued access or use of any portion of the Service constitutes your acceptance of such changes and the revised Terms. If you don't agree to any of the changes, we are not obligated to keep providing the Services, and you must cancel and stop using the Services.
2. USE OF THE SERVICE
You may use the Services only in strict compliance with these Terms and all applicable laws.
3. DESCRIPTION OF SERVICES
3.1 General Description
Mohou provides an automated online service for product makers to design for manufacture, quote, order and track their custom made parts (hereinafter referred to as "Parts"). Mohou uses your technical specifications to 3D print, CNC machine, Laser cut the Parts and delivers them as fast as today, enabling makers to grow their businesses at less cost and faster than before. The technical specifications you provide to Mohou to be used by the Services to create the Parts is hereinafter referred to as the "Parts Data".
3.2 Website and Other Services
The Services also include the features and functionalities of the Site as well as any other services which Mohou may provide to you.
4. ORDERING AND PAYING FOR YOUR PRODUCTS
4.1 Ordering and Payment
To order your Parts from Mohou, you must agree to these Terms and follow all instructions provided to you on the Site. Mohou is not responsible for any errors you make in the order including but not limited to problems with your Parts Data or your choice of materials. You agree to make full payment using one of the methods provided on the payment page of the Site during the order process. Unless otherwise agreed by the parties, Mohou shall have no responsibility to you for the manufacture or shipment of any Parts until such time that payment is made in full.
4.2 Quotations, Fees and Quotation Errors
During the order process, Mohou uses automated Part quoting technology to provide you with the fees associated with your order ("Fees"). The price stated for the Services excludes all taxes and charges, unless stated otherwise. You are responsible for any taxes and for all other charges incidental to using the Services (for example, data charges and currency exchange settlements). You will pay the Fees in the currency Mohou quoted for your account. Mohou reserves the right to change the quoted currency at any time.
4.3 Cancellation Policy
Mohou will allow you to cancel your Parts order provided, however, that refunds or credits will be given according to the following schedule:
100% refund or credit if Mohou has not started any work on your Parts order.
100% less $15 refund or credit if Mohou has received your Parts Data and has started digital setup work but has not started production.
There will be no refund or credit if Mohou has started production of your ordered Parts (not least due to the custom nature of your order).
4.4 Our Right to Revise Fees
In the event that an error in the automated quotation process results in a material misstatement of the Fees, Mohou may, before or after manufacturing your Parts, refund or ask you to pay Mohou the difference between the amount you actually paid and the correct amount payable. You may elect to either pay the difference or cancel your order for a full refund or credit.
4.5 Your Dispute of Fees
If you believe that a mistake has been made in relation to the Fees charged by Mohou, you must notify us in writing. We will complete an investigation and provide a refund within 30 calendar days of such notice, should it be determined a refund is required either in full or in part.
5. CUSTOMER ACCOUNTS
To obtain access to certain Services, you may be required to obtain an account with Mohou (in which case you will become a "Registered User"), by completing a registration form and designating an email address and password. Until you apply for and are approved for an account your access to the Services will be limited to the areas of the Services, if any, that Mohou makes available to the general public. When registering with Mohou and accessing the Services, all Registered Users and persons must: (a) provide true, accurate, current and complete information about themselves as requested by the Services' registration form (such information being the "Registration Data"); (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete at all times thereafter, and (c) strictly comply at all times with these Terms. Mohou may deny approval or withdraw such approval at any time in its sole discretion, with or without cause.
Only persons or entities designated by you may use your Mohou account. All Registered Users must keep their user IDs and passwords confidential and not authorize any third party to access or use the Services on their or your behalf, unless we provide an approved mechanism for such use. Mohou will not be liable for any loss or damage arising from any unauthorized use of your account(s).
If a third party such as an employer or customer provided you with access to their Mohou account, that party has rights to the account and is authorized to: manage your access, reset your password, or suspend or cancel your access; view your usage and profile data, including how and when the account is used; and read or store Your Data (as defined below) in the account.
Note that while Mohou will service all Prime account subscribers until you cancel your subscription contract, you will not be able to cancel then re-subscribe to Prime because Mohou is not offering a signup capability to Prime on this Site for the time being.
6. CONSENT TO ELECTRONIC COMMUNICATIONS AND SOLICITATIONS
By registering with Mohou, you understand that we may send you communications or data regarding the Services, including but not limited to: (a) notices about your use of the Services, including any notices concerning violations of use; (b) updates; and (c) promotional information and materials regarding Mohou's products and services, via electronic mail. We will give you the opportunity to opt-out of receiving promotional electronic mail from us by following the opt-out instructions provided in the message.
7. YOUR DATA
Except for material that we license to you, we don't claim ownership of any data or content that is uploaded, transmitted, stored, or processed in connection with the Services (collectively, "Your Data"). We also don't control, verify, or endorse Your Data that you and others make available to or on the Services. We do control and own all data and content which is generated during the order and purchase process ("Transaction Data").
If you enable any features that allow you to share Your Data with others, anyone you've shared Your Data with may have access to Your Data.
You hereby grant Mohou and its agents the right to transmit, use and disclose Your Data solely to the extent necessary to provide the Services, as otherwise permitted by these Terms, or to comply with any request of a governmental or regulatory body (including subpoenas or court orders), as otherwise required by law, or to respond to an emergency.
You represent and warrant that: (a) you have all the rights in Your Data necessary for you to use the Services and to grant the rights in this Section; and (b) the collection, storage, use, or transmission of Your Data doesn't violate any law or these Terms.
You will: (a) be solely responsible for the nature, quality and accuracy of Your Data; (b) ensure that Your Data complies with these Terms and any and all applicable laws and regulations; (c) promptly handle and resolve any notices and claims relating to Your Data, including any notices sent to you by any person claiming that Your Data violates any person's rights, such as take-down notices pursuant to the Digital Millennium Copyright Act and any other notices; and (d) maintain appropriate security, protection and backup copies of Your Data, which may include, your use of additional encryption technology to protect Your Data from unauthorized access. Mohou will have no liability of any kind as a result of the deletion of, correction to, destruction of, damage to, loss of or failure to store or encrypt Your Data.
You must immediately notify Mohou in writing of any unauthorized use of: (a) Your Data, (b) any account, or (c) the Services that comes to your attention. In the event of any such unauthorized use by any third party that obtained unauthorized access through you, you will take all steps necessary to terminate such unauthorized use. You will provide Mohou with such cooperation and assistance related to any such unauthorized use as Mohou may reasonably request.
8. SUSPENSION AND TERMINATION OF USE OF THE SERVICES
We reserve the right to temporarily suspend or terminate your access to the Services at any time in our sole discretion, with or without cause, with or without notice, and without incurring liability of any kind. For example, we may suspend or terminate your access to or use of the Services for: (a) the actual or suspected violation of these Terms; (b) the use of the Services in a manner that may cause Mohou to incur legal liability or disrupt others' use of the Services; (c) the suspicion or detection of any malicious code, virus or other harmful code transmitted by you or in your account; (d) scheduled downtime and recurring downtime; (e) use of excessive storage or processing capacity or bandwidth; or (f) unplanned technical problems and outages. If, in Mohou's determination, the suspension might be indefinite and/or Mohou has elected to terminate your access to the Service, Mohou will use commercially reasonable efforts to notify you through the Service and/or by email to the email address associated with your account. You acknowledge that if your access to the Services is suspended or terminated, you may no longer have access to Your Data.
Upon termination by Mohou for reasons other than cause, you may request access to Your Data, which we will make available for an additional fee. You must make such request within five (5) days following termination. Otherwise, Your Data will not be retrievable, and we will have no obligation to maintain Your Data.
9. ACCEPTABLE USE
You may only use the Services if you do so in compliance with our standard policies and procedures; if you do not, we reserve the right to terminate your use of the Services at any time in our sole discretion. You must not use the Services to harm others or the Services. For example, you must not use the Services to harm, threaten, or harass another person, organization, or Mohou and/or to build a similar service, application or website. You must not: damage, disable, overburden, or impair the Services (or any network connected to the Services); resell or redistribute the Services or any part of them; use any unauthorized means to modify, reroute, or gain access to the Services or attempt to carry out such activities; or use any automated process or service (such as a bot, a spider, or periodic caching of information stored by Mohou) to access or use the Services. In addition, you promise that you will not and will not encourage or assist any third party to:
Use the Services in any manner or for any purpose other than as expressly permitted by these Terms, the Privacy Policy, or any other policy, instruction or terms applicable to the Services that are made available through the Services from time to time ("Policies");
Sell, lend, rent, resell, lease, sublicense or otherwise transfer any of the rights granted to you with respect to the Services to any third party;
Remove, obscure or alter any proprietary rights marks or notices pertaining to the Services;
Access or use the Services in a way intended to improperly avoid: i) incurring fees or ii) exceeding usage limits or quotas;
Use the Services in any situation in which the failure of the Services could lead to death, personal injury, or physical property or environmental damage;
Use the Services to: (i) engage in any unlawful or fraudulent activity or perpetrate a hoax or engage in phishing schemes or forgery or other similar falsification or manipulation of data; (ii) send unsolicited or unauthorized junk mail, spam, chain letters, pyramid schemes or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii) store or transmit Your Data which is inappropriate, such as Your Data: (1) containing unlawful, defamatory, threatening, pornographic, abusive, libelous or otherwise objectionable material of any kind or nature, (2) containing any material that encourages conduct that could constitute a criminal offense, or (3) in a way that violates or infringes upon the intellectual property rights or the privacy or publicity rights of any person or entity or that may otherwise be unlawful or give rise to civil or criminal liability; (iv) store or transmit Your Data that contains or is used to initiate a denial of service attack, software viruses or other harmful or deleterious computer code, files or programs such as Trojan horses, worms, time bombs, cancelbots, or spyware; or (v) abuse, harass, stalk or otherwise violate the legal rights of a third party;
Interfere with or disrupt servers or networks used by Mohou to provide the Services or used by other users to access the Services, or violate any third party regulations, policies or procedures of such servers or networks or harass or interfere with another user's full use and enjoyment of the Services;
Access or attempt to access Mohou's other accounts, computer systems or networks not covered by these Terms, through password mining or any other means;
Cause, in Mohou's sole discretion, inordinate burden on the Services or Mohou's system resources or capacity; or
Share passwords or other access information or devices or otherwise authorize any third party to access or use the Services.
We will make all judgments concerning the applicability of these guidelines in our sole and exclusive discretion. We reserve the right to determine whether and what action to take in response to each such instance, and any action or inaction in a particular instance will not dictate or limit our response to a future instance. We will not assume or have any liability for any action or inaction with respect to Your Data.
10. UPDATES TO THE SERVICES
Mohou reserves the right to make necessary unscheduled deployments of changes, updates or enhancements to the Services at any time. We may add or remove functionalities or features, and we may suspend or stop a particular Service altogether.
11. THIRD PARTY SERVICES AND CUSTOMER DATA
All transactions using Mohou's Services are between the transacting parties only. The Services may contain features and functionalities linking you or providing you with certain functionality and access to third party content or services, including Web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole. Similarly, some features and functionalities of the Services may be provided by third parties, and the use of such features and functionalities may require you to provide Your Data to such third parties. We may also provide information regarding third parties (including third party websites) and some third party content to you as part of the Services. We are not, however, responsible for anything on a third party site or any third party content you may gain access to when using the Services, and you irrevocably waive any claim against us with respect to such sites and third party content. Mohou shall have no liability, obligation or responsibility for any correspondence, purchase or promotion between you and any third party. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any third party. Should you incur any potential or actual liability resulting from your use of any third party services (which are not required to use the Services), or should you suffer data loss or other losses as a result of problems with any of your other service providers or any third party services, we will not be responsible unless the problem was the direct result of our negligence or the breach of any agreement between us and you.
12. YOUR PROPRIETARY RIGHTS
As between you and Mohou, you own and reserve all right, title and interest in and to the Parts, Your Data (including the Parts Data) and any other data you provide to Mohou for the manufacture of the Parts. No title to or ownership of any proprietary rights related to the Parts or Your Data (including the Parts Data) is transferred to Mohou pursuant to these Terms except as otherwise set forth herein (for example, Mohou's rights to the Transaction Data). All rights not explicitly granted to Mohou are reserved by you. For the avoidance of doubt, Mohou will not, without first obtaining your express authorization, use your Parts, Your Data (including the Parts Data) for any reason other than providing the Services.
In the event you give Mohou express authorization to publicly display or distribute Your Data (including the Parts Data), you must inform us of any change in ownership to any of this data at such a time and in such a manner that Mohou can avoid infringing the intellectual property rights of any third party.
13 Mohou's PROPRIETARY RIGHTS
As between Mohou and you, Mohou or its licensors own and reserve all right, title and interest in and to the Services and all hardware, software, intellectual property (including but not limited to its trademarks and copyrights) and other items used to provide the Services, other than the rights explicitly granted to you to use the Services in accordance with these Terms. No title to or ownership of any proprietary rights related to the Services is transferred to you pursuant to these Terms. All rights not explicitly granted to you are reserved by Mohou. In the event that you provide comments, suggestions and recommendations to Mohou with respect to the Services (including, without limitation, with respect to modifications, enhancements, improvements and other changes to the Services) (collectively, "Feedback"), you hereby grant to Mohou a world-wide, royalty free, irrevocable, perpetual license to use any Feedback in connection with the Services.
Confidentiality
The parties acknowledge that they may obtain proprietary information of the other party ("Proprietary Information"). Such Proprietary Information shall belong solely to party disclosing the Proprietary Information ("Disclosing Party") which includes, but is not limited to, trade secrets, know-how, inventions (whether or not patentable), techniques, processes, product designs, ideas, schematics, testing procedures, software design and architecture, computer code, internal documentation, design and function specifications, product requirements, problem reports, analysis and performance information, benchmarks, software documents, and other technical, business, product, marketing and financial information, plans and data. In regard to this Proprietary Information:
The party receiving the Proprietary Information ("Receiving Party") shall not use (except as expressly authorized by these Terms) or disclose Disclosing Party's Proprietary Information without Receiving Party's prior written consent unless such Proprietary Information becomes part of the public domain without breach of these Terms.
Receiving Party agrees to take all reasonable measures to maintain the Proprietary Information in confidence.
If the Receiving Party is an organization, it will disclose the Proprietary Information only to those of its employees and consultants as are necessary for the use expressly and unambiguously authorized hereunder, and only if such employees and consultants are bound by confidentiality obligations no less restrictive than those herein. Receiving Party shall not, without our prior written consent, disclose or otherwise make available any of the Proprietary Information or copies thereof to any third party.
This Confidentiality section does not affect Mohou's right to use any Transaction Data or any other content which you upload to the Site or otherwise provide to Mohou as set forth in Section 13.1 and for which you have provided your express authorization to Mohou to publicly display or distribute to third parties.
14. PRIVACY
In order to operate and provide the Services, we collect certain information from and about you. As part of the Services, we may also automatically upload Your Data (or certain portions thereof), information about your computer or device, your use of the Services, and Service performance. We use and protect that information as described in our privacy policy ("Privacy Policy")
15. NO WARRANTY; REPLACEMENTS AND REFUNDS
We will use reasonable efforts consistent with prevailing industry standards to maintain the Services in a manner which minimizes errors and interruptions in the Services. Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by us or by third-party providers, or because of other causes beyond our reasonable control, but we shall use reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption. However, WE do not warrant that the Services will be uninterrupted or error free; nor do WE make any warranty as to the results that may be obtained from use of the Services. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, THE SERVICES ARE PROVIDED "AS IS" AND WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
While Mohou provides the Services "as-is," it does provide you with a 60-day satisfaction guarantee. This means that if we get it wrong, we will re-make and re-ship at no cost to you, or credit or refund all monies paid to Mohou for the unsatisfactory Parts, no returns necessary. Mohou will provide replacement Parts or a credit or refund in a reasonable period of time. In order to process a replacement, credit or refund, you must send Mohou an email with your order number, plus a description and photos of the problem within 60 days from your order date. Mohou reserves the right to contest any claim of deficiency or any other reason for a replacement, credit or refund request, in which case the parties agree to amicably reach a resolution within a reasonable period of time.
16. INDEMNIFICATION
To the extent permitted by applicable law, you will defend Mohou against any cost, loss, damage, or other liability (including attorneys' fees) arising from any third party demand or claim that Your Data provided to Mohou,your use of the Services in breach of these Terms or the Parts themselves: (a) infringes a patent, trademark, or copyright of a third party, or misappropriates a trade secret (to the extent that such misappropriation is not the result of Mohou's actions); (b) violates applicable law or these Terms; or (c) causes damage to one of your customers or any third party. Mohou will reasonably notify you of any such claim or demand that is subject to your indemnification obligation.
17. LIMITATION OF LIABILITY
NOTWITHSTANDING ANYTHING TO THE CONTRARY, AND TO THE FULLEST EXTENT OF THE LAW, EXCEPT FOR BODILY INJURY OF A PERSON, WE AND OUR SUPPLIERS (INCLUDING BUT NOT LIMITED TO ALL EQUIPMENT, MATERIALS AND TECHNOLOGY SUPPLIERS), OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS AND EMPLOYEES SHALL NOT BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR TERMS AND CONDITIONS RELATED THERETO UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY: (A) FOR ERROR OR INTERRUPTION OF USE OR FOR LOSS OR INACCURACY OR CORRUPTION OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY OR LOSS OF BUSINESS; (B) FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES; (C) FOR ANY MATTER BEYOND OUR REASONABLE CONTROL; OR (D) FOR ANY AMOUNTS THAT, TOGETHER WITH AMOUNTS ASSOCIATED WITH ALL OTHER CLAIMS, EXCEED THE FEES PAID BY YOU TO US FOR THE SERVICES UNDER THIS AGREEMENT IN THE 12 MONTHS PRIOR TO THE ACT THAT GAVE RISE TO THE LIABILITY, IN EACH CASE, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
18. NOTICES
We may send you, in electronic form, information about the Services and information the law requires us to provide. We may provide required information to you by email at the address you specified when you signed up for the Services or by access to a website that we identify. Notices emailed to you will be deemed given and received when the email is sent. If you don't consent to receive notices electronically, you must stop using the Services.
19. MISCELLANEOUS
19.1. Severability; Entire Agreement
These Terms apply to the maximum extent permitted by relevant law. If a court holds that we cannot enforce a part of these Terms as written, you and we will replace those terms with similar terms to the extent enforceable under the relevant law, but the rest of these Terms will remain in effect. This is the entire contract between you and us regarding the Services. It supersedes any prior contract or oral or written statements regarding your use of the Services.
19.2. Assignment and Transfer
We may assign, transfer, or otherwise dispose of our rights and obligations under these Terms, in whole or in part, at any time without notice. You may not assign this contract or transfer any rights to use the Services.
19.3. Independent Contractors; No Third-Party Beneficiaries
Mohou and you are not legal partners or agents; instead, our relationship is that of independent contractors. This contract is solely for your and our benefit. It is not for the benefit of any other person, except for permitted successors.
19.4. Claims
You must bring any claim related to these Terms or the Services within one year of the date you could first bring the claim, unless your local law requires a longer time to file claims. If it isn't filed in time, the claim is permanently barred.
19.5. Waiver
The failure of either party to insist upon or enforce strict performance of any of the provisions of these Terms or to exercise any rights or remedies under these Terms will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision, right or remedy in that or any other instance; rather, the same will remain in full force and effect.
