1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and Market of Everything, LLC ("Company," "we," "us," or "our") governing your access to and use of the Moe mobile application and related services (collectively, the "Service"). By creating an account, accessing, or using the Service, you agree to be bound by these Terms and by our Privacy Policy, which is incorporated by reference. If you do not agree, you may not use the Service.

PLEASE READ SECTION 13 CAREFULLY. IT REQUIRES DISPUTES TO BE RESOLVED THROUGH BINDING INDIVIDUAL ARBITRATION AND WAIVES YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION.

2. Eligibility

You must be at least 18 years of age to use the Service. By using the Service, you represent and warrant that you are at least 18 years old and that you have the legal capacity to enter into these Terms.

3. The Service

The Service enables you to create product listings, including from photographs, and to publish and manage those listings across connected third-party marketplaces. We may modify, suspend, or discontinue any feature of the Service at any time, with or without notice.

4. Accounts

To use certain features, you must create an account. You agree to provide accurate and complete information and to keep it current. You are responsible for safeguarding your account credentials and for all activity that occurs under your account. You agree to notify us promptly of any unauthorized use. We may suspend or terminate your account if any information you provide is inaccurate or if you violate these Terms.

5. Connected Marketplace Accounts

The Service allows you to connect third-party marketplace accounts, such as eBay and Depop (each, a "Connected Account"), and to authorize the Service to take actions on those accounts at your direction. By connecting an account, you represent and warrant that:

(a) you own the Connected Account or are authorized to use it;
(b) you have the authority to grant us access to operate it on your behalf; and
(c) your use of the Connected Account through the Service complies with the applicable marketplace's terms of service and policies.

You authorize us to access your Connected Accounts and to perform the actions you request through the Service. We are not affiliated with, endorsed by, or responsible for any third-party marketplace, and we are not responsible for the availability, accuracy, policies, or actions of any such marketplace. You may disconnect a Connected Account at any time, and you remain solely responsible for compliance with each marketplace's terms.

6. Fees and Payment

Certain features of the Service may require payment of fees. Purchases made within the Service through the Apple App Store or Google Play are processed by, and subject to the terms of, those platforms. Direct card payments are processed by Stripe. The processor that applies depends on the payment method you select. Subscriptions, if offered, renew automatically until cancelled in accordance with the applicable platform's procedures. Except as required by law or expressly stated by us, fees are non-refundable. We may change our fees upon reasonable notice.

7. User Content

You retain ownership of the content you submit to the Service, including photographs, listing descriptions, and related materials ("User Content"). You grant us a non-exclusive, worldwide, royalty-free license to host, store, reproduce, modify, and display your User Content solely to operate and provide the Service, including transmitting it to the marketplaces you direct. You represent and warrant that you have all rights necessary to grant this license and that your User Content does not infringe the rights of any third party.

8. Acceptable Use

You agree not to:

(a) use the Service in violation of any applicable law or the terms of any connected marketplace;
(b) infringe the intellectual property or other rights of any party;
(c) list or facilitate the sale of any item you are not lawfully entitled to sell;
(d) attempt to gain unauthorized access to the Service, other accounts, or related systems;
(e) interfere with, disrupt, or impose an unreasonable load on the Service;
(f) reverse engineer, decompile, or attempt to derive the source code of the Service, except to the extent permitted by law; or
(g) use the Service to transmit malicious code or engage in fraudulent, deceptive, or harmful activity.

9. Intellectual Property

The Service, including its software, design, text, graphics, and trademarks, but excluding User Content, is owned by the Company and its licensors and is protected by intellectual property laws. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to use the Service for its intended purpose. All rights not expressly granted are reserved.

10. Termination

You may stop using the Service and delete your account at any time. We may suspend or terminate your access to the Service, with or without notice, if you violate these Terms, if required by law, or if we discontinue the Service. Upon termination, your right to use the Service ceases immediately. Sections that by their nature should survive termination, including Sections 7 through 16, will survive.

11. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY ACTION TAKEN ON A CONNECTED ACCOUNT WILL BE SUCCESSFUL OR ACCEPTED BY THE APPLICABLE MARKETPLACE.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COMPANY OR ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICE, WHETHER BASED IN CONTRACT, TORT, OR ANY OTHER THEORY. THE COMPANY'S TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID US IN THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR ONE HUNDRED DOLLARS ($100). SOME JURISDICTIONS DO NOT ALLOW CERTAIN OF THESE LIMITATIONS, SO SOME MAY NOT APPLY TO YOU.

13. Dispute Resolution; Binding Arbitration and Class Action Waiver

Please read this Section carefully. It affects your legal rights.

13.1 Agreement to Arbitrate. You and the Company agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be resolved by binding individual arbitration, rather than in court, except that either party may bring an individual claim in small claims court. This agreement to arbitrate is governed by the Federal Arbitration Act.

13.2 Class Action Waiver. You and the Company agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative proceeding. The arbitrator may not consolidate more than one person's claims or preside over any form of representative or class proceeding.

13.3 Procedures. The arbitration will be administered by a recognized arbitration provider under its applicable rules, and will take place in Kent County, Delaware, or as otherwise agreed. The arbitrator's award may be entered in any court of competent jurisdiction.

13.4 Opt-Out. You may opt out of this arbitration agreement by sending written notice to the contact address in Section 16 within thirty (30) days of first accepting these Terms. If you opt out, neither party will be bound by the arbitration and class-action-waiver provisions of this Section.

14. Indemnification

You agree to indemnify, defend, and hold harmless the Company and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or relating to your use of the Service, your User Content, your Connected Accounts, your violation of these Terms, or your violation of any law or third-party right, including the terms of any connected marketplace.

15. Governing Law

These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-law principles, except that the Federal Arbitration Act governs Section 13. Subject to Section 13, any dispute not subject to arbitration will be brought exclusively in the state or federal courts located in Kent County, Delaware, and you consent to the jurisdiction of those courts.

16. General Provisions

These Terms, together with the Privacy Policy, constitute the entire agreement between you and the Company regarding the Service and supersede any prior agreements. If any provision is found unenforceable, the remaining provisions will remain in full effect. Our failure to enforce any provision is not a waiver of it. You may not assign these Terms without our consent; we may assign them freely. We may update these Terms from time to time, and will notify you of material changes through the Service or by other reasonable means. Your continued use of the Service after changes take effect constitutes acceptance.

Questions about these Terms may be directed to:

Market of Everything, LLC
1111B S Governors Ave # 39739
Dover, DE 19904
support@themoe.app