INTRODUCTION TO OUR APPLICATION
2.1 To register to the Application for the first time, you shall create an account with the Application. By creating an account (“Account”) and registering to the Application you become, either individually or on behalf of your employer or any entity, on behalf of whom you created the Account, a Moralius customer (the “Customer”).
2.2. Account Users.
There are three types of Account users:
2.3. When a Customer creates an Account or when Customer’s users, either employees or partners, are added into an Account and create their user profiles (the “User Profile”), they:
(i) agree to provide us with accurate, complete, and current registration information;
(ii) acknowledge that it is their responsibility to ensure that password remains confidential and secure;
(iii) agree that they are fully responsible for all activities that occur under their User Profile and password;
(iv) undertake to promptly notify us in writing if they become aware of any unauthorized access or use of their Account or User Profile and/or any breach of these Terms;
(v) undertake not to use the Application for any unlawful purpose, for commercial or advertising purposes,
(vi) undertake not to disseminate any content that is defamatory, obscene, harassing, offensive or threatening,
(vii) undertake not to send spam or other unsolicited e-mails, or transfer files containing malware or other harmful programs, in any way capable of damaging the reputation of Moralius and its affiliated, associated companies and their shareholders, directors, officers or any entity or individual that, directly or indirectly, through one or more intermediaries, controls, is controlled by, or is under common control with Moralius. It is expressly prohibited to circumvent any technical limitations of the Application software, using it in any way that is detrimental or detrimental to the security measures and effectiveness of the Application, decompile or recompile the source or object code of the Application software, copy it, distribute or share any part or all of the Application software and disclose passwords providing access to the Application to any third party not expressly authorized by Moralius.
In the event that any information provided is not true or accurate or in the event of any breach, at the sole discretion of Moralius, of any provision of these Terms or in case of non-payment by the Customer of the agreed fee, Moralius has the right to refuse the registration of the respective user and / or to suspend or terminate immediately the access to the Application and to refuse any use, either present or in future, thereof, without notice and without any liability.
3.1. In consideration for the provision of the Application and the license to use the Application for personal and non-commercial use (except for Trial, Customer shall pay us the applicable fees per the purchased Subscription (the “Subscription Fees”). Customer’s users, either employees or partners, may use the Application, without charge. Unless indicated otherwise, Subscription Fees are stated in Euros. Moralius may use its affiliate companies, its associate companies and/or third-party service providers to process and/or collect payment from you. Unless expressly set forth herein, the Subscription Fees are non-cancellable and non-refundable. In the event of failure to collect the Fees owed by Customer, we may, at our sole discretion suspend or cancel the Account, without notice.
3.2 Taxes. The Subscription Fees are exclusive of any and all taxes (including without limitation, value added tax, sales tax, use tax, excise, goods and services tax, etc.), levies, or duties, which may be imposed in respect of these Terms and the purchase or sale, of the Application hereunder (the “Taxes”). If Customer is located in a jurisdiction which requires Customer to deduct or withhold Taxes or other amounts from any amounts due to us, please notify us, in writing, promptly and we shall join efforts to avoid any such Tax withholding, provided, however, that in any case, Customer shall bear the sole responsibility and liability to pay such Tax and such Tax should be deemed as being added on top of the Subscription Fees, payable by Customer.
3.3. Mobile network charges. Moralius Application is configured to use WiFi networks to transfer the raw data which are collected by the latter but may also use the available mobile networks for these functions, depending on the user's choice. In case of use of a mobile telephony network, Moralius may not be held responsible for any charges imposed by the mobile operator contracted by you for the use of its network.
3.4. Change of fees. We reserve the right to change the Subscription Fees at any time, upon notice to Customer if such change may affect Customer’s existing subscriptions.
3.5. Subscription Upgrade. Customer may upgrade its Subscription or increase the number of users. Upon a Subscription Upgrade, Customer will be billed for the applicable increased amount of Subscription Fees, at our then-current rates. Upon increase in the number of users by the Customer, without any notice to Moralius, Moralius may automatically block the creation of new user profiles (in case the number exceeds the purchased subscription) or allow it, yet with extra charges about which the Customer will be promptly informed.
3.6. Trial Version. We may offer, from time to time, part or all of our services on a free, no-obligation trial version (“Trial Version”). The term of the Trial Version shall be communicated to you, unless terminated earlier by either Customer or us, for any reason or for no reason. We reserve the right to modify, cancel and/or limit this Trial Version at any time and without liability.
4.1. Our Intellectual Property.
The Moralius Application, inclusive of the algorithm on which it operates, the software, the application programming interface and the related or underlying technology and any modifications, enhancements or derivative works of the software and programming interface (collectively, “Moralius Materials”), are the property of Moralius and its affiliated companies, associated companies, their shareholders, directors, officers or any entity or individual that, directly or indirectly, through one or more intermediaries, controls, is controlled by, or is under common control with Moralius, and may be protected by applicable copyright or other intellectual property laws and treaties.
4.2. Your Access and Use Rights.
By accepting these Terms and by installing a copy of the Application on your computer, laptop, mobile phone or tablet, you are granted a non-exclusive, non-transferable, freely revocable license to use the Application for personal and non-commercial use. You are only allowed to install and use a copy of the Application and no other rights are granted to you.
We are under no obligation to monitor your activities of the services or any data or files that may be uploaded by the Users nor dο we have any liability for the content, text, images, videos or any information uploaded to the Application by the Users. However, we may systematically screen and/or monitor any data, content or information uploaded and/or transmitted into our Application, at any time and for any reason, for compliance with these Terms, with or without notice.
4.3. Use Restrictions.
You may not, and shall not allow any User or any third party to: (i) give, sell, rent, lease, timeshare, sublicense, disclose, publish, assign, market, resell, display, transmit, broadcast, transfer or distribute any portion of the Application to any third party, including, but not limited to your affiliate or associate companies; (ii) reverse engineer, decompile or disassemble, decrypt or, attempt to derive the source code of, the Application, or any components thereof; (iii) copy, modify, translate, patch, improve, alter, change or create any derivative works of the Application, or any part thereof.
5.1. Privacy Policy.
As a part of accessing or using the Application, we may collect, access, use and share certain Personal Data (as defined in the Privacy Policy) from, and/or about, you, your employees or partners or any of your users (e.g. employees of your customers). Please read our Privacy Policy, which is incorporated herein by reference, for a description of such data collection and use practices.
5.2. Security.
All information you provide to us is stored on our secure servers. Moralius takes all necessary appropriate technical, organizational measures to ensure the confidentiality, integrity and security of the data collected by the Application in the context of the Application, including, but not limited to, their pseudonymization and encryption. You can learn more on our security measures and procedures on our Privacy Policy, as updated from time to time.
However, Moralius cannot guarantee the confidentiality of any data with respect to factors beyond its control. Regarding the personal password, please note that you are solely responsible for its safe keeping and management, and you should not disclose it to any third party. Moralius will not be held liable for any damage that may be caused by the disclosure of your password to third parties and / or in general by the unauthorized use of your profile. If you suspect that your profile on the Application has been compromised, you should contact Moralius as soon as possible at the following email address: privacy@moralius.com.
Moralius website and/or Moralius Application may contain links to third party websites or social media pages (e.g. Facebook, LinkedIn, YouTube) or may redirect to websites (e.g. for the execution of payment) that are not owned or controlled by us (the “Third Party Services”). You acknowledge that we have no control over, and assume no responsibility for the content, privacy policies, or practices of, any third-party websites. We encourage you to read the terms and conditions and privacy policy of each third-party website that you may choose to visit.
7.1. Term. These Terms are in full force and effect, commencing upon the Effective Date, until Termination of the subscription, either paid or unpaid, unless terminated otherwise in accordance with these Terms. In case it is agreed that these terms have a fixed term, they shall be automatically renewed upon expiration and after each Renewal Period, unless terminated as per the below clauses 7.2 and 7.3.
7.2. Termination for Cause. Either Customer or us may terminate these Terms, upon written notice, at least thirty (30) Days before the termination, in which case these terms shall terminate upon the expiry of the applicable initial subscription term or renewal period. Moralius may immediately terminate these Terms if the Customer does not pay the agreed fees, without prior notice. These Terms may be also terminated if the Customer ceases its business operations or becomes subject to insolvency or relevant proceedings or otherwise in accordance with the provisions of these Terms.
7.3. Termination by Customer. Customer may terminate its Subscription by cancelling the Application and/or deleting the account following prior written notice at least thirty (30) days before termination, whereby such termination shall not derogate from Customer’s obligation to pay applicable Subscription Fees. Upon termination or expiration of these Terms, Customer’s Subscription and all rights granted to you hereunder shall terminate, and we may change the account’s web address. Moralius reserves the right to maintain some of Customer’s anonymized data for statistics purposes.
NOTWITHSTANDING ANYTHING IN THESE TERMS OR ELSEWHERE TO THE CONTRARY AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW:
8.1. EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE APPLICATION ARE PROVIDED ON AN “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS, AND WITHOUT WARRANTIES OF ANY KIND. WE AND OUR AFFILIATES, ASSOCIATES, SUBCONTRACTORS, AGENTS AND VENDORS (INCLUDING, THE THIRD PARTY SERVICE PROVIDERS, HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION, WARRANTIES AND/OR REPRESENTATIONS OF MERCHANTABILITY, FUNCTIONALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, WHETHER EXPRESS, IMPLIED OR STATUTORY.
8.2. WE AND OUR VENDORS DO NOT WARRANT, AND EXPRESSLY DISCLAIM ANY WARRANTY OR REPRESENTATION THAT THE APPLICATION, INCLUDING THE ACCESS THERETO AND USE THEREOF, WILL BE UNINTERRUPTED, TIMELY, SECURED, ERROR FREE, THAT DATA WON’T BE LOST, THAT DEFECTS WILL BE CORRECTED, OR THAT THE APPLICATION IS FREE FROM VIRUSES OR OTHER HARMFUL CODE. WE AND OUR AFFILIATES, ASSOCIATES, SUBCONTRACTORS, AGENTS AND OUR VENDORS FURTHER DISCLAIM ANY AND ALL LIABILITY OR RESPONSIBILITY FOR ANY DELAYS, FAILURES, INTERCEPTION, ALTERATION, LOSS, OR OTHER DAMAGES THAT YOU AND/OR YOUR DATA (INCLUDING CUSTOMER AND CUSTOMER’S USERS’ DATA) MAY SUFFER, THAT ARE BEYOND OUR CONTROL.
8.3. EXCEPT AS EXPRESSLY SET FORTH HEREIN, WE DO NOT WARRANT, AND EXPRESSLY DISCLAIM ANY WARRANTY OR REPRESENTATION (I) THAT OUR APPLICATION (OR ANY PORTION THEREOF) IS COMPLETE, ACCURATE, OF ANY CERTAIN QUALITY, RELIABLE, SUITABLE FOR, OR COMPATIBLE WITH, ANY OF YOUR CONTEMPLATED ACTIVITIES, DEVICES, OPERATING SYSTEMS, BROWSERS, SOFTWARE OR TOOLS (OR THAT IT WILL REMAIN AS SUCH AT ANY TIME), OR COMPLY WITH ANY LAWS APPLICABLE TO YOU; AND/OR (II) REGARDING ANY CONTENT, INFORMATION, REPORTS OR RESULTS THAT YOU OBTAIN THROUGH THE APPLICATION.
To the fullest extent permitted by applicable law, Customer hereby agrees to indemnify, defend and hold harmless Moralius and its affiliated companies, associated companies, their shareholders, officers, directors, employees and agents from and against any and all claims, direct, incidental, indirect, special, punitive, exemplary or consequential damages, or for any other damages, obligations, liabilities, losses, reasonable expenses or costs (collectively, “Damages”) incurred as a result of any claim arising from (i) Customer’s and/or any of its Users’, violation of these Terms or applicable Law; and/or (ii) customer data, including the use of customer data by Moralius and/or any of its affiliated companies, associated companies, subcontractors and their employees or agents, infringes or violates, any third party’s rights, including, without limitation, intellectual property and/or privacy rights.
NOTWITHSTANDING ANYTHING IN THESE TERMS OR ELSEWHERE TO THE CONTRARY AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW:
IN NO EVENT SHALL WE HERETO AND OUR AFFILIATES, ASSOCIATES, SUBCONTRACTORS, AGENTS AND VENDORS (INCLUDING, THE THIRD PARTY SERVICE PROVIDERS), BE LIABLE UNDER, OR OTHERWISE IN CONNECTION WITH THESE TERMS FOR (I) ANY INDIRECT, EXEMPLARY, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES; (II) ANY LOSS OF PROFITS, COSTS, ANTICIPATED SAVINGS; (III) ANY LOSS OF, OR DAMAGE TO DATA, USE, BUSINESS, REPUTATION, REVENUE OR GOODWILL; AND/OR (IV) THE FAILURE OF SECURITY MEASURES AND PROTECTIONS, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY OR OTHERWISE, AND WHETHER OR NOT HAVE WE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE, AND EVEN IF A REMEDY FAILS OF OUR ESSENTIAL PURPOSE.
Occasionally we may make changes to these Terms for valid reasons, such as adding new functions or features to the Application, technical adjustments, typos or error fixing, for legal or regulatory reasons or for any other reasons as we deem necessary, at our sole discretion. When we make material changes to these Terms, we will provide Customer with notice as appropriate under the circumstances, e.g. by displaying a prominent notice within the Application or by sending Customer an email. Your continued use of the Application after the changes have been implemented will constitute your acceptance of the changes.
By visiting or using the website “moralius.com” (hereinafter the “Website”), the Visitors/ Users consent to the following terms of use, which apply to all content, pages, graphics, images, photographs and files included in “moralius.com”:
If you do not agree with the above, you should refrain from using the content of “moralius.com”. Visitors / users are requested to check the content of these pages for possible changes. The continued use of the website “moralius”, even after any changes, indicates the unconditional acceptance of these terms by the visitor / user.
Newsletters. Moralius sends newsletters only to subscribers who have chosen to receive these through our Website and in compliance with regulations on correspondence, as well as with data privacy laws. Subscribers can always opt to be deleted from the newsletter mailing list; this is done through the subscriber’s email address (opt–in, opt–out), as applied to subscriptions.
These Terms and any action related thereto will be governed and interpreted by and under the laws of Greece without giving effect to any conflicts of laws principles that require the application of the law of a different jurisdiction. Courts of competent jurisdiction located in Athens, Greece, shall have the sole and exclusive jurisdiction and venue over all controversies and claims arising out of, or relating to, these Terms.
14.1. Force Majeure. Neither us nor you will be liable by reason of any failure or delay in the performance of its obligations on account of events beyond the reasonable control of a party, which may include denial-of-service attacks, interruption or failure of the Internet or any utility service, failures in third-party hosting services, strikes, shortages, riots, fires, acts of God, war, terrorism, and governmental action.
14.2. Relationship of the Parties. The parties are independent contractors. These Terms and the Application provided hereunder, do not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship between the parties.
14.3. Notice. You acknowledge notices that we provide you, in connection with these Terms and/or as otherwise related to the Application, shall be provided as follows: via the Application, including by posting on our website or posting in your account, text, in-app notification, e-mail, phone or first class, airmail, or courier. You further acknowledge that an electronic notification satisfies any applicable legal notification requirements, including that such notification will be in writing. Notices to us shall be sent to sales@moralius.com.
14.4. Assignment. These Terms, and any and all rights and obligations hereunder, may not be transferred or assigned by you. Any attempted transfer or assignment in violation of this will be null and void.
14.5. Severability. If any provision hereof is held to be invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining terms hereof, which shall remain in full force and effect.
14.6. No Waiver. No failure or delay by either party in exercising any right under these Terms will constitute a waiver of that right.
Last update: March 7, 2023