​Posted: September 18, 2024
Effective Date: ​September 18, 2024.

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Full Terms and Conditions

 

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1. Introduction 

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1.1. These terms and conditions (the "Agreement") apply to the use of the services provided by Maoni LLC with principal office of the Company located at 4742 Belle Chase Cir. Tampa, FL, 33634, US ("Service Provider" or "We", “Our” or “Us” or “Maoni.us”) to its customers ("Customer" or "You" or “Your” or “Company”). By accessing or using the Service, you agree to be bound by this Agreement. Maoni.us and the Customer shall be referred to as the "Parties", and each of them separately as the "Party".  This Agreement shall be governed by and construed in accordance with the laws of the State of Florida.

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Comment: This provision defines the parties involved and states that by using the service, the customer agrees to these terms and conditions. 

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1.2. If you do not agree with any of the terms of this Agreement, you must not use the Service.  

 

2. Definitions 

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2.1.1. "Service" means the services provided by Service Provider to its customers, consisting of but not limited to the subscribed software or managed services provided by Maoni.us, provided in as a Service formula, ruled by these Terms, which you can find on the website: https://www.maoni.us/terms-and-conditions.   

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Comment: Defines what is meant by "Service" in this document.   

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2.1.2. "Customer Data" means any data, information or material provided by Customer to Service Provider or generated by Customer or its Clients through the use of the Service.   

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Comment: Defines what constitutes "Customer Data".   

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2.1.3. "Subscription" means the specific plan or level of service selected by Customer from among the options provided by Service Provider. This includes but is not limited to 

pricing, duration, billing frequency and services scope and quantity provided by Maoni.us. 

  

Comment: Describes the various plans available and what they include.   

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2.1.4. “Agreement” means the contract between the Parties for the provision of the Services, the content of which is set out in these Terms.   

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Comment: Defines the Agreement as these terms and conditions.   

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2.1.5. “Confidential Information” means any data and information obtained by the Parties in connection with the conclusion or the performance of the Agreement, as well as any other financial, commercial, technical, or organizational information. Confidential Information shall mean any material expressed in speech, writing, image, drawing, sign, sound or contained in a digital file, device, instrument, or other object, as well as expressed in any other way.   

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Comment: Specifies what is considered confidential information.   

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2.1.6. “Documentation” means any documents and materials relating to the Services, available at kb.maoni.us, maoni.us/blog or the Maoni.us client portal.   

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Comment: Refers to any supporting documents related to the Service.   

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2.1.7. “Force Majeure” means the circumstances described in s. 14.1 below.  

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Comment: Refers to situations beyond the control of the parties that can affect the performance of the Agreement.   

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2.1.8. “Location” means a Customer's physical or virtual location (also known as site) e.g., club or facility, which is listed under your user account on Maoni.us and defined in the Subscription with a specific license for that location.   

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Comment: Defines what is meant by "Location" in this context.   

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2.1.9. “System Administrator” means the person appointed by the Customer as a point of contact for Maoni.us with specific powers and responsibilities relating to the Services. As well as admin rights to manage other Users within the same Service Account.   

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Comment: Defines the role and responsibilities of the System Administrator.   

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2.1.10. “Team” means the employees and persons employed under civil law contracts (including self-employed persons) delegated by the Customer to work in connection with the performance of the Services.   

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Comment: Specifies who is included in the "Team" under these terms.   

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2.1.11. “Client” or “Clients” means the customers of the Company entering this Agreement. 

  

Comment: Defines "Client" or "Clients" as the end-users of the services provided.   

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2.1.12. “Start date” means when the Customer signed up for and paid for the Service.   

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Comment: Specifies the start date of the Agreement.   

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2.1.13. "Service Account" means a registered account to use our Services, which has all necessary data such as company or payment details as well as a list of users that were appointed by the System Administrator, who will be using the Service.   

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Comment: Defines what constitutes a "Service Account".

  

2.1.14. “Company Content” refers to various content that can be used or placed by you within our Service such as images, links, text and more.  

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Comment: Defines what constitutes "Company Content" is.   

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2.1.15. "Maoni Order "Agreement"" or a purchase order is a document that is signed by both Parties and includes information such as company details, the number of subscriptions on the purchase order, price, payment method, start date, contract number or terms and conditions. 

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3. Subscription 

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3.1. Service Provider offers three subscription levels, including a Insight, Alignment, and Vision subscription. 

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Comment: Lists the different subscription levels available. 

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3.2. Each subscription level has a specified list of available features and/or modules under each subscription, which are detailed on the Maoni.us website. 

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Comment: Explains that the details of each subscription level are available on the website. 

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4. Use of the Service 

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4.1. Customer may use the Service for its internal business purposes only and may not resell, distribute, or otherwise provide access to the Service to any third party.   

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Comment: Limits the use of the Service to the Customer's internal business purposes and prohibits reselling or distributing the Service.  

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4.1. Customer shall appoint a System Administrator that will be the main point of contact with the Service Provider. The System Administrator shall also be responsible for Customer's platform within the Service provided to the Customer.    

 

Comment: Requires the Customer to appoint a System Administrator as a point of contact and to

manage the Service.   

 

4.2. Customer agrees to use the Service in compliance with all applicable laws and regulations. Customer shall not use the Service for any unlawful or unauthorized purposes, including but not limited to the transmission of harmful or offensive content.   

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Comment: The Customer must use the Service legally and not for any unauthorized or harmful activities.   

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4.3. You are solely responsible for all information, materials, communications, text, graphics, links, electronic art, animations, illustrations, artwork, audio clips, video clips, photos, images, reviews, ideas, and other data, materials, and content (collectively, “Company Content”) that you create, upload, or otherwise provide, handle, or link to using our Service, including content created by you or other users. Service Provider assumes no responsibility for Company Content provided by any user. In the event of any issues or claims related to Company Content from a third party or a third-party user, You agree to resolve such matters directly with the involved user and will not hold the Service Provider liable for any such Company Content or related claims. 

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Comment: The Customer is solely responsible for all content used within our Service.

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4.4. You represent, warrant, and covenant that You either own all rights to or have obtained the necessary consents and licenses to post and display the Company Content and to grant the rights specified in these Terms of Use. 

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Comment: The Customer confirms to have all necessary rights or permissions to use that content within our Service.

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4.5. By submitting Company Content, you grant the Service Provider an irrevocable, non-exclusive, royalty-free, perpetual, worldwide, transferable, and sublicensable license to access, use, reproduce, transmit, adapt, modify, perform, display, distribute, translate, publish, and create derivative works based on your Company Content, in whole or in part, in any media, for the purpose of operating, promoting, and advertising the Service. 

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Comment: Maoni LCC has the right to use the content you uploaded within our Service to operate, promote and advertise the Service. 

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4.6. Service Provider reserves the right to modify, suspend or terminate the Service, or any part thereof, at any time without notice or liability to Customer.   

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Comment: Maoni LLC. has the right to change, suspend, or end the Service without notice.   

 

4.7. Service Provider may modify this Agreement at any time by posting a revised version on the Maoni.us website. The revised version will be effective immediately upon posting. The Customer shall be informed of any modifications to this Agreement 30 days prior to posting by email.   

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Comment: Maoni LLC. can change the terms at any time by updating the website. Customers will be informed of changes by email 30 days in advance.   

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4.8. Customers are responsible for maintaining the security of their account credentials. Any activity conducted through their account will be attributed to them. If you suspect unauthorized access to your account, please notify Us immediately.  

 

Comment: Customers must keep their account information secure and report any unauthorized access.   

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4.9. The Service may integrate with third-party services to enhance its functionality. Customer acknowledges and agrees that the use of these third-party services is subject to their respective terms and conditions, and We shall not be liable for any issues arising from such integrations.   

 

Comment: Third-party integrations are subject to their own terms, and Maoni LLC. is not responsible for any problems that arise from these integrations.  

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4.10. We strive to provide continuous access to the Service and offer technical support during our regular business hours. However, we do not guarantee uninterrupted access and may schedule maintenance that could result in temporary unavailability of the Service. Any scheduled maintenance will be communicated to You in advance.   

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Comment: While Maoni LLC. aims to keep the Service available continuously, there may be times when the Service is temporarily unavailable due to maintenance.   

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5. Payment 

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5.1. Customer shall pay the fees for the selected subscription level as set forth on the Maoni.us website and the Maoni Order "Agreement".

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Comment: The Customer must pay the subscription fees as listed on the website. 

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5.2. Payment for the subscription level shall be made in advance on a monthly or annual basis, as selected by the Customer. 

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Comment: Payments are made in advance, either monthly or annually, based on the Customer's selection. 

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5.3. The fee for the Service shall be paid by wire transfer or electronic funds transfer (EFT) to Maoni LLC's designated bank account. Details for the bank account shall be provided by Maoni LLC upon request or as specified in the invoice. 

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Comment: Customers are required to remit payment for the Service via wire transfer or EFT to Maoni LLC's bank account, the details of which will be furnished upon request or as indicated on the invoice. 

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5.4. Service Provider reserves the right to modify the fees for the subscription levels at any time. Any fee increase shall be effective at the beginning of the next billing cycle. The Customer shall be notified of any changes in fees at least 30 days prior to scheduled change in fees. 

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Comment: Maoni LLC. can change the subscription fees at any time, but Customers will be notified 30 days in advance of any changes. 

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5.5. In the event of non-payment of fees by Customer, Service Provider may suspend or terminate the Service immediately with a 10-day notice. The notice shall be given by sending an e-mail to the billing e-mail address indicated on the registration form or in writing to the address of the Customer's registered office. 

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Comment: If the Customer does not pay the fees, Maoni LLC. can suspend or terminate the Service with a 10-day notice. 

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5.6. The remuneration due to Maoni LLC. shall be a net amount and shall not include any applicable taxes, including but not limited to VAT or any withholding tax or any transfer fees. Any such taxes or fees shall be borne by the Customer. 

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Comment: The subscription fees do not include taxes or transfer fees, which the Customer must pay separately. 

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5.7. The Service Provider shall provide the Customer with VAT invoices or other documents confirming payment. 

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Comment: Maoni LLC. will provide VAT invoices or other payment documents to the Customer. ​

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5.8 Monthly Billing Cycle Commencement: The monthly billing cycle for the services provided under this Agreement shall always commence on the first (1st) day of each calendar month ("Monthly Billing Cycle Start Date"). This is valid for all subscription levels.  

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Comment: Our billing period always starts on the 1st of each month, no matter when You signs up. 

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5.9 Prorated Initial Invoice: In the event that the Customer enters into this Agreement on any day other than the Monthly Billing Cycle Start Date, the Service Provider shall issue a prorated invoice for the initial billing cycle. This prorated invoice will cover the period from the effective date of the Agreement up to and including the last day of the first month. The prorated charge will be calculated based on the number of days of service provided during that initial period in relation to the total number of days in that month. 

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Comment: If You starts using the service on any day other than the 1st of the month, You'll get a special bill that only charges You for the days You actually used the service that month. This means You won't pay for the whole month if You didn't use the service for the entire month. 

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5.10 Subsequent Billing Cycles: Following the prorated initial billing cycle, all subsequent billing cycles will begin on the first (1st) day of each month. The Customer shall be billed accordingly on or after this date for the full monthly service fee, as specified in this Agreement. 

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Comment: After the initial, partial billing period, all future bills will cover a full month, starting from the 1st of each month. You will be billed for the full monthly fee on or after this date. 

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5.11 Annual Billing Cycle Commencement: The annual billing cycle for the Service shall commence on either the 1st or the 15th day of the month, as determined by the Service Provider, and shall last for a full twelve (12) months thereafter (the "Annual Billing Cycle"). 

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Comment: The company's annual billing starts on the 1st or 15th of the month and lasts for a full year. This is when the annual fee is charged. 

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5.12 Prorated Initial Invoice: Should the Customer commence the use of the Service on a date that does not coincide with the 1st or 15th day of the month, the Customer shall be issued a prorated invoice. This prorated invoice shall cover the period from the Customer's commencement date to the nearest of either the 1st or the 15th day of the month, at which point the full Annual Billing Cycle shall begin. The prorated invoice will be calculated based on the number of days from the commencement date to the start of the Annual Billing Cycle, and the Customer will then be billed for the full annual fee. 

 

Comment: If a customer starts using the service on a day that's not the 1st or the 15th, they'll get a special bill that only charges them for the days they used the service until the next billing start date. After that, they'll be charged for a full year. 

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5.13 Subsequent Billing Cycles: Following the initial prorated period, the Customer will be billed on an annual basis, with the billing date corresponding to the commencement of the Annual Billing Cycle on either the 1st or the 15th day of the month, as applicable. The Customer shall be responsible for the full payment of the annual fee at the beginning of each Annual Billing Cycle. 

 

Comment: After the initial period, the customer will be billed yearly. This means they'll get one big bill at the start of each new year of service. 

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5.14 Billing Cycle Selection and Changes: 

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5.14.1 Initial Selection of Billing Cycle: The Customer may choose either a monthly or annual billing cycle upon entering into this Agreement. The selected billing cycle will determine the frequency of invoices and payments for the Services provided. 

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Comment: Customers can choose whether they want to pay monthly or annually when they first sign up. 

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5.14.2 Switching from Monthly to Annual Billing Cycle: The Customer has the option to switch from a monthly billing cycle to an annual billing cycle. This switch can be made on the 1st day of any month, coinciding with the end of the current monthly billing cycle. The Customer must provide written notice to the Service Provider of their intention to switch to the annual billing cycle at least ten (10) business days prior to the desired switch date. Upon switching, the Customer will be invoiced for the full annual fee, effective from the 1st day of the month in which the switch occurs. 

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Comment: If a customer wants to switch from paying every month to paying once a year, they can do this on the 1st of any month. They just need to let the company know 10 business days in advance. After switching, they'll be billed for the whole year upfront. 

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5.14.3 Switching from Annual to Monthly Billing Cycle: The Customer may only switch from an annual billing cycle to a monthly billing cycle upon the completion of the full annual billing cycle. The Customer must provide written notice to the Service Provider of their intention to switch to the monthly billing cycle at least thirty (30) days prior to the end of the current annual billing cycle. The switch will take effect at the conclusion of the current annual billing cycle, and subsequent billing will occur on a monthly basis. If the annual billing cycle started on the 15th day of the month, then a prorated invoice will be issued. This prorated invoice shall cover the period till the 1st of the month before the full monthly billing cycle begins.  

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Comment: Customers paying annually can only switch to monthly payments after their current annual period ends. They need to inform the company at least 30 days before the annual cycle ends to start monthly billing. If the initial annual payment started on the 15th day of the month, then a prorated invoice will be issued to cover the rest of the month.  

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5.14.4 Notification Requirements: All notifications regarding changes in the billing cycle must be made in writing and delivered to the Service Provider via email or other means specified in this Agreement. The notice must include the Customer's account details and the desired billing cycle change. 

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Comment: Customers need to provide written notice (like an email) if they want to change their billing cycle. They must include their account information and specify the change they want. 

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6. Confidentiality 

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6.1. Each Party agrees to keep the Confidential Information of the other Party confidential and to use it only for the purposes of performing its obligations under this Agreement. 

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Comment: Both parties must keep each other's confidential information private and only use it for fulfilling the Agreement. 

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6.2. Confidential Information does not include information that (i) is or becomes publicly available or becomes publicly available through no breach of the Agreement by the receiving Party; (ii) was in the possession of the receiving Party prior to its receipt from the disclosing Party; (iii) is received from a third party not in breach of any confidentiality obligation; or (iv) is required to be disclosed by law, provided that the receiving Party promptly notifies the disclosing Party of such requirement and cooperates with the disclosing Party in any efforts to limit the disclosure. 

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Comment: Defines what is not considered confidential information and outlines conditions under which confidential information can be disclosed. 

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7. Data Protection 

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7.1. Service Provider shall implement and maintain appropriate technical and organizational measures to protect the Customer Data against unauthorized or unlawful processing and against accidental loss, destruction, damage, theft, alteration, or disclosure. 

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Comment: Maoni LLC. will take necessary measures to protect the Customer's data from unauthorized access and other risks. 

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7.2. Service Provider shall process Customer Data in accordance with the privacy policy and as necessary to provide the Service. By agreeing to these terms Customer agrees with the privacy policy found on www.maoni.us/privacy-policy

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Comment: Maoni LLC. will only process Customer data according to the Customer's instructions and as needed to provide the Service. 

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7.3. Customer agrees that Service Provider may use subcontractors to process Customer Data on its behalf. 

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Comment: Maoni LLC. can use subcontractors for data processing. 

 

8. Intellectual Property 

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8.1. Service Provider retains all right, title, and interest in and to the Service, including all intellectual property rights therein. Customer does not acquire any rights to the Service except as expressly set forth in this Agreement. 

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Comment: Maoni LLC. owns all intellectual property rights to the Service. You only have the rights specified in the Agreement. 

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8.2. Customer shall not, and shall not permit any third party to, (i) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Service, (ii) modify, adapt, or create derivative works of the Service, (iii) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Service to any third party, (iv) use the Service for any purpose other than its intended purpose, or (v) remove any proprietary notices or labels from the Service. 

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Comment: You cannot reverse engineer, modify, or resell the Service and must use it as intended. ​

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9. Term and Termination 

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9.1. This Agreement shall commence on the Start Date and continue until terminated by either Party.

 

Comment: The Agreement starts on the specified date and continues until either party ends it. 

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9.2. Either Party may terminate this Agreement (i) for convenience by providing thirty (30) days written notice to the other Party, (ii) for cause if the other Party breaches any material term of this Agreement and fails to cure such breach, if applicable or possible, within thirty (30) days of receiving notice of the breach (otherwise see 9.3 Material Breach), or (iii) immediately if the other Party becomes insolvent, files for bankruptcy, or is otherwise unable to meet its financial obligations.   

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Comment: Describes how and when either party can terminate the Agreement.  

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9.3 Material Breach 

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A material breach of this Agreement shall include, but is not limited to, the following: 

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1. Failure to Pay: The Customer's failure to make payments when due under this Agreement and such failure continues for a period of ten (10) business days after the Customer receives written notice of non-payment from the Service Provider.

 

2. Violation of License Terms: The Customer's breach of the license terms set forth in Section 4, including unauthorized copying, distribution, or modification of the Software. 

 

3. Unauthorized Disclosure: The unauthorized disclosure or misuse of the Service Provider's Confidential Information by the Customer. 

 

4. Non-Compliance with Applicable Laws: The Customer's use of the Software in a manner that violates applicable laws or regulations, including but not limited to data protection and privacy laws. 

 

5. Security Breaches: The Customer's failure to implement reasonable security measures to protect the Software and the Service Provider's Confidential Information, resulting in unauthorized access or data breaches. 

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In the event of a material breach, the non-breaching Party may terminate this Agreement immediately upon providing written notice to the breaching Party, without prejudice to any other rights or remedies available to it under law or equity. 

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Comment: This section outlines what counts as a serious violation of the agreement, which can lead to immediate termination. Examples include not paying on time, breaking software license rules, disclosing confidential information without permission, using the software illegally, or not protecting it properly, which results in security issues. 

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 9.4. Upon termination of this Agreement, Customer shall immediately cease using the Service and Service Provider shall deactivate Customer's account.   

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Comment: When the Agreement ends, You must stop using the Service, and Maoni LLC. will deactivate the account.   

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9.5 Notice of Termination 

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To terminate this Agreement, the terminating party must provide written notice to the other party, specifying the reasons for termination in accordance with this Agreement. This notice must be sent via email or certified mail to the contact address listed in this Agreement. The termination will be effective 30 days from the receipt of such notice unless otherwise specified in the notice or agreed upon by both parties. However, the termination will only be considered valid if the Service Provider confirms the receipt and acceptance of the termination notice in writing. 

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Comment: This part explains how either party can end the agreement. To terminate, You must provide written notice, either by email or certified mail, explaining why You want to terminate. Termination takes effect 30 days after the other party receives the notice, unless another date is agreed upon. However, for the termination to be valid, We must confirm in writing that We have received and accepted the notice. 

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9.6 Return or Destruction of Confidential Information 

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Upon termination of this Agreement for any reason, the Customer shall immediately return to the Service Provider or, at the Service Provider's discretion, destroy all Confidential Information belonging to the Service Provider. The Customer shall certify in writing, within ten (10) days of termination, that it has complied with this provision. Confidential Information may include, but is not limited to: 

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1. Technical Information: Source code, algorithms, and system designs. 

2. Business Information: Marketing and sales strategies or materials, financial data, and business plans. 

3. Customer Data: Personal information of the Customer's end-users, usage data, and analytics. 

4. Proprietary Documentation: Manuals, training materials, and internal reports. 

5. Access Credentials: API keys, usernames, passwords, and other authentication information. 

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The obligation to return or destroy Confidential Information does not apply to information that the Customer must retain for compliance with applicable laws and regulations, provided that such retained information remains subject to the confidentiality obligations set forth in this Agreement. 

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Comment: When the agreement ends, the You must either return or destroy any confidential information belonging to Us. This includes things like software codes, business strategies, marketing insights, materials or data. You must confirm in writing within 10 days that they have done this. However, if the law requires keeping some information, they can retain it but must keep it confidential. 

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9.4. The provisions of Sections 5, 6, 7, 8, 10, 11, 12, 13, 14, 18, 19, 20, and 21 shall survive the termination or expiration of this Agreement.   

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Comment: Specifies which sections of the Agreement remain in effect even after termination.   

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10. Limitation of Liability 

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10.1. To the maximum extent permitted by applicable law, in no event shall Service Provider be liable for any indirect, incidental, consequential, special, punitive, or exemplary damages, including but not limited to loss of profits, revenue, goodwill, or data, arising out of or in connection with this Agreement or the use or inability to use the Service, even if Service Provider has been advised of the possibility of such damages. 

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Comment: Limits Maoni LLC.'s liability for indirect or consequential damages. 

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10.2. To the maximum extent permitted by applicable law, Service Provider's total cumulative liability arising out of or in connection with this Agreement or the use or inability to use the Service shall not exceed the total amount of fees paid by Customer to Service Provider under this Agreement in the two (2) months preceding the event giving rise to the claim. 

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Comment: Limits Maoni LLC.'s total liability to the amount paid by the Customer in the last 2 months.

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10.3. To the maximum extent permitted by applicable law, Service Provider shall not be responsible or liable for any damages, losses, or expenses incurred by the Customer and Clients due to a hacker attack, service outage, or other issues arising from third-party services or providers that Service Provider uses to operate its Service. 

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Comment: This provision clarifies that Maoni LLC is not liable for any damages resulting from hacker attacks or service disruptions caused by third-party providers on which Maoni LLC relies for its Service. 

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10.4. To the maximum extent permitted by applicable law, the Service Provider shall not be responsible or liable for any legal claims, damages, losses, or expenses incurred by the Clients of the Customer due to the use or inability to use the Service. The Customer acknowledges and agrees to assume full responsibility and liability for any claims or issues arising from their Clients' use of the Service. It is the sole responsibility of the Customer to ensure that its own terms and conditions adequately cover and address such potential liabilities and to inform its Clients of any relevant limitations. 

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Comment: This provision clarifies that Maoni LLC is not liable for any claims or damages incurred by the Customer's Clients and places the responsibility on the Customer to manage and address these risks through their own terms and conditions. 

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11. Indemnification 

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11.1. Customer agrees to indemnify, defend, and hold harmless the Service Provider and its affiliates, officers, directors, employees, agents, and representatives from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or in connection with (i) Customer's use of the Service, (ii) Customer's violation of this Agreement, (iii) Customer's violation of any rights of a third party, or (iv) Customer's violation of any applicable law or regulation. 

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Comment: The Customer agrees to cover Maoni LLC. for any losses or claims resulting from the Customer's use of the Service or violations of the Agreement or law. 

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12. Warranties 

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12.1. Service Provider warrants that the Service will perform substantially in accordance with the Documentation and guarantees a Service Level Agreement (SLA) with an uptime of 99% per month. 

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Comment: Maoni LLC. ensures that the Service will function as described in the Documentation and guarantees that the Service will be available 99% of the time over a year. 

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12.2. Service Provider does not warrant that the Service will be uninterrupted or error-free or that any defects in the Service will be corrected. 

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Comment: Maoni LLC. does not guarantee that the Service will always be available or free from errors. 

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12.3. Service Provider makes no other warranties, express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose. 

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Comment: No other warranties are provided beyond what is explicitly stated. 

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13. 30-Day Money-Back Guarantee and SLA Breach Compensation

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13.1 Service Provider offers a 30-day money-back guarantee on the Insight subscription plan purchases. If, for any reason, the Customer is not satisfied with the Service, the Customer may request a full refund of the Insight subscription plan fee paid within 30 days from the date of the initial subscription purchase. 

 

Comment: This part explains that Maoni LLC offers a full refund of the Insight subscription plan if you are not satisfied within the first 30 days after you buy the subscription. 

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13.2 To initiate a refund request, the Customer must contact Service Provider's customer support team via email at support@maoni.us, providing the reason for the refund request and any relevant details. The request must be submitted within the 30-day period following the initial subscription purchase. 

 

Comment: Here's how you can ask for a refund if you're not happy with the service. You need to contact Maoni LLC within the 30-day period and provide your reason. 

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13.3 Upon receiving the refund request, Service Provider will review the request and, if it falls within the 30-day period and meets the terms outlined in this provision, the refund will be approved. Approved refunds will be processed within 30 days of approval and credited back to the original payment method used at the time of purchase. 

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Comment: This explains what happens after you ask for a refund. If everything checks out, your refund will be processed within a set time frame. 

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13.4 This 30-day money-back guarantee applies solely to the initial subscription purchase and does not apply to subsequent renewals or upgrades. Additional fees for services such as onboarding, customizations, training, or third-party integrations are non-refundable under this policy. 

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Comment: This part tells you what the refund policy doesn't cover, like extra services or renewals. 

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13.5 Service Provider guarantees a Service Level Agreement (SLA) uptime of 99% per month. In the event that the Service does not meet this uptime threshold due to the fault of Service Provider, the Customer shall be entitled to receive one month of their subscription at no additional cost as compensation. This compensation will be applied to the next billing cycle following the SLA breach. 

 

Comment: If Maoni LLC fails to provide 99% uptime as promised, they will give you an extra month for free. 

 

13.6. Upon issuance of a refund, the Customer's access to the Service will be terminated immediately. The Customer agrees to cease any further use of the Service and destroy any related documentation or materials. 

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Comment: After you get a refund, your access to the service stops immediately. 

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13.7 Once the refund is processed, Service Provider has no further obligations to the Customer under the original subscription agreement, and the Customer waives any claims against Service Provider related to the terminated subscription. 

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Comment: Once the refund is done, Maoni LLC has no more obligations to you, and you can't make any more claims about that subscription. 

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13.8 Service Provider reserves the right to modify or discontinue this 30-day money-back guarantee and SLA breach compensation at any time, with prior notice to the Customer. However, any changes will not retroactively affect Customers who have already made an initial subscription purchase or experienced an SLA breach under the existing policy. 

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Comment: Maoni LLC can change this policy, but changes won't affect people who already bought a subscription under the old rules. 

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14. Force Majeure    

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14.1. Neither Party shall be liable for any failure or delay in performing its obligations under this Agreement (other than payment obligations) if such failure or delay is caused by a Force Majeure event. For purposes of this Agreement, "Force Majeure" means an event that is beyond the reasonable control of a Party, including but not limited to acts of God, war, terrorism, civil unrest, governmental regulations, labor strikes, and natural disasters.   

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Comment: Defines Force Majeure and states that neither party is liable for failure to perform due to such events.   

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14.2. The affected Party shall promptly notify the other Party of the occurrence of a Force Majeure event and shall use its reasonable efforts to mitigate the effects of such event.   

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Comment: Requires the affected party to notify the other party and try to minimize the impact of the Force Majeure event.   

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14.3 Both Parties agree to take reasonable steps to mitigate the impact of the Force Majeure event and to continue performance under this Agreement to the extent possible. This includes, but is not limited to, making reasonable efforts to resume performance, adopting alternative measures, and communicating regularly about the status and any adjustments to the service or obligations. 

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Comment: Both parties must try to minimize the effects of the Force Majeure event as much as possible. They should continue working on their obligations if they can, look for alternative ways to meet their duties, and keep each other updated about the situation. 

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14.4 Where feasible, the Parties will endeavor to continue providing the services or fulfilling obligations under this Agreement during the Force Majeure event. If continuation is not possible, the Parties will work together to identify and implement reasonable alternatives to minimize disruption and maintain the Agreement's integrity. 

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Comment: If possible, the parties should keep providing services or fulfilling their obligations even during the Force Majeure event. If they can’t continue as usual, they need to work together to find and use other solutions to keep the Agreement working smoothly. 

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14.5 The performance of obligations affected by the Force Majeure event may be suspended for the duration of the Force Majeure event. Once the Force Majeure event ceases to affect the performance, the Parties will promptly resume their obligations under this Agreement as soon as reasonably practicable. 

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Comment: If the Force Majeure event causes delays, the affected obligations can be paused. When the event is over and things get back to normal, the parties should quickly resume their obligations. 

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15. Compliance with Laws  

 

15.1 Both Parties agree to comply with all applicable federal, state, and local laws, regulations, and ordinances in their performance of this Agreement. In the event of any dispute arising out of or relating to this Agreement, or if any provision of this Agreement requires interpretation, the Parties agree that such dispute or interpretation shall be governed by and construed in accordance with the laws and regulations of the State of Florida, without regard to its conflict of laws principles.  

 

Comment: Both parties must follow all relevant laws and regulations. Furthermore, this means that the resolution of any disputes and the interpretation of any terms within this Agreement will be subject to and interpreted under Florida law.    

 

15.2. Service Provider will ensure that its privacy practices comply with applicable federal and state privacy laws, including but not limited to the California Consumer Privacy Act (CCPA) and the General Data Protection Regulation (GDPR) for any applicable customers.   

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Comment: Maoni LLC. will comply with relevant privacy laws.   

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16. Consumer Rights   

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16.1. Customers may have certain rights under consumer protection laws, including the right to a refund under certain circumstances. These terms do not affect those rights.   

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Comment: Recognizes that customers may have rights under consumer protection laws that are not affected by these terms.   

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16.2. If you are a consumer, nothing in these terms will exclude or limit any of your rights that cannot be excluded or limited by applicable law.   

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Comment: Ensures that consumer rights that cannot be excluded by law are upheld.   

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17. Dispute Resolution & Arbitration Agreement​

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PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY IMPACT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. 

 

ARBITRATION AGREEMENT  

 

This Arbitration Agreement ("Arbitration Agreement") is entered into by and between the parties (hereinafter referred to as “Parties”) and governs any and all past, present and future disputes arising out of or related to this Arbitration Agreement or the transactions and interactions between the Parties. This Arbitration Agreement is governed by the laws of the State of Florida and the Federal Arbitration Act (FAA).  

 

17.1. Good Faith Negotiation Prior to Arbitration  

 

The Parties agree that before initiating arbitration or mediation, they will make a serious, good-faith effort to resolve any disputes, claims, or controversies ("Disputes") through informal negotiations. The Parties must engage in reasonable and decent communication to avoid unnecessary arbitration, mediation or court proceedings. If after a period of thirty (30) days from the commencement of good faith negotiations, the Parties are unable to resolve the dispute, either party may initiate arbitration in accordance with this Arbitration Agreement.  

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Comment: Before starting formal arbitration or mediation, the Parties agree to make a serious effort to resolve disputes through informal talks. If they can’t settle the issue within 30 days of starting negotiations, they can proceed to arbitration.

 

17.2. Binding Arbitration  

 

If the Disputes cannot be resolved as set forth above, the Parties agree that the sole and exclusive means of resolving such disputes shall be binding arbitration in accordance with the provisions set forth herein. Arbitration will take place in the State of Florida unless both Parties mutually agree to a different location.  

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Comment: If the dispute isn’t resolved through negotiation, the Parties agree that arbitration in Florida will be the only way to settle it. The arbitration must occur in Florida unless both Parties agree on a different location.

 

17.3. Selection of Arbitrator  

 

In the event of a dispute, the Parties shall mutually agree on an arbitrator. If the Parties are unable to agree on an arbitrator within thirty (30) days of the demand for arbitration, either Party may petition a court of competent jurisdiction in the State of Florida to appoint an arbitrator. The arbitrator must be neutral and qualified to resolve the Dispute under the rules of the chosen arbitral forum.  

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Comment: If a dispute arises, the Parties must agree on an arbitrator. If they can’t agree within 30 days, either Party can ask a Florida court to appoint one. The arbitrator must be neutral and qualified.

 

17.4. Confidentiality of Arbitration  

 

All aspects of the arbitration proceedings, including the hearing, documents exchanged, discovery, and the arbitrator's award, shall remain strictly confidential. Neither party may disclose any information concerning the arbitration to any third party except to the extent required by law.  

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Comment: Everything about the arbitration process, including hearings and documents, must be kept confidential. Information about the arbitration cannot be shared with third parties except as required by law.

 

17.5. Limitation on Damages  

 

The arbitrator shall have the authority to award compensatory damages only. Under no circumstances shall the arbitrator be authorized to award punitive, exemplary, consequential, or indirect damages unless such damages are required by applicable law. The parties further agree that any damages or relief awarded must comply with the provisions of the “Limitation of Liability” section in the governing Terms and Conditions or contract between the Parties.  

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Comment: The arbitrator can only award compensatory damages, not punitive or other types of damages, unless the law requires otherwise. Any damages awarded must follow the “Limitation of Liability” section of the Terms and Conditions.

 

17.6. Class Action Waiver  

 

The Parties agree that all Disputes shall be resolved in arbitration on an individual basis only. This Arbitration Agreement does not permit class action or collective arbitration, nor does it allow any party to bring claims on behalf of others. The arbitrator shall not have the authority to consolidate the claims of multiple individuals or preside over any form of a class or representative proceeding.

 

Comment: All disputes must be resolved individually. Class actions or collective arbitrations are not allowed, and the arbitrator cannot combine claims from multiple individuals. 

 

17.7. Arbitrator’s Authority  

 

The arbitrator shall render a decision within the time frame specified by the arbitral forum’s rules. The arbitrator’s decision shall include the essential findings and conclusions upon which the award is based. The arbitrator shall have the authority to award monetary damages and to provide any non-monetary relief available under applicable law, the rules of the arbitration forum, and this Arbitration Agreement, but only on an individual basis.  

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The damages and relief awarded must comply with the provisions of the “Limitation of Liability” section of the Terms and Conditions, which governs the types and amounts of damages or relief for which a party may be held liable. No arbitration award shall have any preclusive effect on issues or claims involving parties not named in the arbitration.  

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Comment: The arbitrator’s decision must be made within the timeframe set by the arbitration rules and will include the reasons for the decision. The arbitrator can award monetary damages and other relief available under the law, but only on an individual basis. The decision doesn’t affect claims involving parties not named in the arbitration.

 

17.8. Arbitration Costs and Fees  

 

The Parties agree to equally share the administrative costs and arbitrator fees associated with the arbitration, unless otherwise required by applicable law. However, if a party brings a frivolous claim or acts in bad faith, the arbitrator shall have the authority to award the other party attorneys' fees and costs incurred as a result of such actions. To ensure that arbitration is accessible, the Parties further agree that arbitration-related costs shall be kept to a reasonable minimum to avoid unnecessary financial burdens.  

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Comment: The Parties will share arbitration costs equally unless the law says otherwise. If a party brings a frivolous claim, the arbitrator can award attorney fees and costs to the other party. Efforts will be made to keep arbitration costs reasonable.

 

17.9. Discovery and Limitation of Proceedings  

 

The Parties agree that discovery in the arbitration shall be limited to what is necessary to fairly resolve the dispute. The arbitrator shall have discretion to limit discovery, including depositions and document production, to avoid unnecessary cost and delay. Dispositive motions may be permitted if they are likely to resolve the Dispute efficiently.  

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Comment: Discovery (like document requests) in arbitration will be limited to what is necessary to resolve the dispute. The arbitrator can limit discovery to avoid unnecessary costs and delays. Dispositive motions (requests to resolve the case without a full hearing) may be allowed if they help resolve the dispute efficiently.

 

17.10. Survival of Arbitration Arbitration Agreement  

 

This Arbitration Agreement to arbitrate shall survive the termination or expiration of any other Arbitration Agreement between the Parties, as well as any bankruptcy, insolvency, or similar proceeding. It shall also survive any transfer or assignment of rights or obligations under the governing Arbitration Agreement.  

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Comment: This Agreement remains in effect even if other agreements between the Parties end or if one Party goes through bankruptcy. It also stays valid if rights or obligations are transferred.

 

17.11. Judgment on Arbitration Award  

 

The arbitrator’s award shall be final and binding upon the Parties, and may be entered as a judgment in any court of competent jurisdiction. The Parties expressly waive their right to appeal or seek judicial review of the arbitrator's decision, except as permitted by applicable law.

 

Comment: The arbitrator’s decision is final and binding. It can be entered as a judgment in a court. The Parties waive their right to appeal or seek judicial review of the decision, except as allowed by law. 

 

17.12. Statute of Limitations  

 

Any claim arising out of or related to this Arbitration Agreement or any underlying transaction must be filed within one (1) year of the date when the claim arose, notwithstanding any longer statutory period provided by law. If the claim is not brought within that time frame, it will be forever barred.  

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Comment: Claims related to this Agreement must be filed within one year from when the claim arose. If not filed within this time, the claim will be barred.

 

17.13. Mandatory Mediation Prior to Arbitration  

 

Before initiating arbitration, the Parties agree to attempt to resolve the Dispute through non-binding mediation, using a neutral mediator selected and agreed upon by both Parties. Mediation must be attempted within thirty (30) days of the written demand for mediation. If mediation does not resolve the Dispute, the Parties may proceed to arbitration. The Parties agree to share equally the costs of mediation.  

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Comment: Before starting arbitration, the Parties must try to resolve the dispute through mediation with a neutral mediator. This must be done within 30 days of a mediation request. If mediation fails, arbitration can proceed. The Parties will share mediation costs equally.

 

17.14. Exceptions to Arbitration  

 

The following types of disputes are explicitly excluded from this Arbitration Agreement and may be pursued in court:  

 

Intellectual Property Disputes: Any disputes involving the enforcement, infringement, validity, or misappropriation of intellectual property rights, including but not limited to patents, trademarks, trade secrets, and copyrights, may be pursued in a court of law.  

 

Small Claims Court: Disputes that qualify for small claims court under applicable law may be resolved in small claims court rather than through arbitration.  

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These exceptions ensure that intellectual property interests are protected and that small-value claims can be resolved efficiently in small claims court.  ​

  

17.15. Preclusion of Court Review  

 

The Parties agree that the arbitrator’s decision shall be final, binding, and not subject to court review, except in limited circumstances as provided by the Federal Arbitration Act or other applicable law. This waiver of court review includes the waiver of any right to a trial by jury.  

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Comment: The arbitrator’s decision is final and not subject to court review, except in limited situations as defined by the Federal Arbitration Act or other applicable laws. This means neither party can appeal the decision or request a jury trial.

  

17.16. Severability  

 

If any provision of this Arbitration Agreement is determined to be illegal or unenforceable by an arbitrator or court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it legal and enforceable. If it cannot be so modified, the offending provision shall be severed, and the remainder of this Arbitration Agreement shall continue in full force and effect.  

 

Comment: If any part of this Agreement is found to be illegal or unenforceable, that part will be modified or removed to make it enforceable, while the rest of the Agreement will remain valid.

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17.17. Governing Law  

 

This Arbitration Agreement shall be governed by and construed in accordance with the laws of the State of Florida and the Federal Arbitration Act (FAA). Any action related to enforcing the arbitration award or seeking appointment of an arbitrator shall be brought in the appropriate state or federal court located in the State of Florida. 

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Comment: This Agreement is governed by the laws of Florida and the Federal Arbitration Act. Any legal actions related to enforcing the arbitration award or appointing an arbitrator must be taken in Florida courts.