Terms of Use & DMCA Policy

IMPORTANT NOTICE: Please read these Terms of Use ("Terms") carefully before using the Moflex mobile application ("Moflex," "the App," "we," "us," or "our"). By downloading, installing, accessing, or using Moflex, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, do not use the App.

1. Nature of Service - Moflex as a Neutral Platform

1.1 What Moflex Is

Moflex is a media information browser and discovery platform that:

1.2 What Moflex Is NOT

Moflex explicitly:

  • Does NOT host, store, stream, or distribute any copyrighted content
  • Does NOT provide access to movies, TV shows, or other media files
  • Does NOT contain any built-in streaming functionality
  • Does NOT create, maintain, or endorse any third-party plugins
  • Does NOT encourage or facilitate copyright infringement

1.3 Service Provider Status

Moflex operates as an online service provider under Section 512 of the Digital Millennium Copyright Act (DMCA) and similar provisions under international law. We maintain a policy of strict neutrality regarding user-generated content and third-party plugins.

2. Third-Party Plugins and User-Generated Content

2.1 Plugin System Overview

Moflex provides an open plugin architecture that allows third-party developers and users to extend the App's functionality. This system operates under the following principles:

2.2 Critical Plugin Disclaimers

  • No Affiliation: Third-party plugins are NOT created, maintained, controlled, or endorsed by Moflex or its developers
  • User Responsibility: Users who install plugins do so entirely at their own risk and are solely responsible for ensuring their compliance with applicable laws
  • No Warranty: Moflex provides no warranty, guarantee, or verification of any third-party plugin's legality, safety, or functionality
  • Content Access: Any content accessed through third-party plugins is the sole responsibility of the plugin developer and the user

2.3 User Acknowledgment

By installing or using any third-party plugin, you explicitly acknowledge and agree that:

2.4 Plugin Installation Warning

When enabling third-party plugins, users will be presented with clear warnings about the risks and responsibilities involved. Proceeding past these warnings constitutes acceptance of all associated risks.

3. Intellectual Property and Copyright Compliance

3.1 Respect for Intellectual Property

Moflex respects the intellectual property rights of others and expects users to do the same. We comply with the Digital Millennium Copyright Act (DMCA) and similar laws worldwide.

3.2 DMCA Compliance and Safe Harbor

Moflex has adopted and implemented a policy that provides for the termination in appropriate circumstances of users who are repeat infringers. Moflex accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials.

3.3 No Inducement of Infringement

Moflex does not promote, encourage, or induce copyright infringement. The App is designed as a legitimate tool for media discovery and information, similar to web browsers that can access both legal and illegal content based on user choice.

4. DMCA Notice and Takedown Procedures

4.1 Designated DMCA Agent

In accordance with the DMCA, we have designated an agent to receive notifications of alleged copyright infringement. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Moflex platform, please notify our DMCA Agent:

DMCA Agent - NerdsDev Legal Department
Email: dmca@nerdsdev.pro
Subject Line: DMCA Takedown Notice - Moflex
Alternative Contact: support@nerdsdev.pro

4.2 DMCA Notice Requirements

To be effective, a DMCA notice must be in writing and include:

  1. A physical or electronic signature of the copyright owner or authorized agent
  2. Identification of the copyrighted work(s) claimed to be infringed
  3. Identification of the material claimed to be infringing, with sufficient detail for us to locate it
  4. Your contact information (address, telephone number, and email)
  5. A statement that you have a good faith belief that the use is not authorized
  6. A statement under penalty of perjury that the information is accurate and you are authorized to act on behalf of the copyright owner

4.3 Our Response to Valid Notices

Upon receipt of a valid DMCA notice, we will:

4.4 Counter-Notice Procedure

If you believe your content was wrongly removed, you may file a counter-notice containing:

  1. Your physical or electronic signature
  2. Identification of the removed material and its former location
  3. A statement under penalty of perjury that you believe the removal was a mistake
  4. Your name, address, phone number, and consent to jurisdiction

4.5 Repeat Infringer Policy

Moflex will terminate user accounts that are determined to be repeat infringers in appropriate circumstances.

5. Prohibited Uses and User Responsibilities

5.1 Prohibited Activities

You agree NOT to use Moflex to:

5.2 User Compliance Obligations

You are solely responsible for:

6. Indemnification and Limitation of Liability

6.1 User Indemnification

You agree to indemnify, defend, and hold harmless Moflex, its developers, affiliates, and partners from any claims, damages, losses, or expenses (including attorney's fees) arising from:

  • Your use of the App or any third-party plugins
  • Your violation of these Terms
  • Your infringement of any intellectual property rights
  • Any content accessed through your use of the App

6.2 No Warranty

MOFLEX IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE SPECIFICALLY DISCLAIM ANY LIABILITY FOR:

6.3 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MOFLEX SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE APP.

7. Privacy and Data Protection

7.1 Data Collection

Moflex collects minimal data necessary for App functionality:

7.2 Third-Party Services

We use third-party services that may collect data:

7.3 Plugin Data Practices

Third-party plugins may have their own data collection practices. We have no control over and assume no responsibility for plugin data handling.

8. Compliance with International Laws

8.1 Global Compliance

Users must comply with all applicable laws in their jurisdiction, including but not limited to:

8.2 Export Controls

You agree to comply with all applicable export and re-export control laws and regulations.

9. Termination and Suspension

9.1 Termination Rights

We reserve the right to terminate or suspend your access to Moflex immediately, without prior notice, for:

9.2 Effect of Termination

Upon termination, your right to use Moflex ceases immediately. All provisions of these Terms that should survive termination will do so.

10. Dispute Resolution and Governing Law

10.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws applicable to the jurisdiction where the App is distributed, without regard to conflict of law principles.

10.2 Dispute Resolution

Any disputes arising from these Terms or your use of Moflex shall be resolved through binding arbitration, except where prohibited by law.

10.3 Class Action Waiver

You agree to resolve disputes individually and waive any right to participate in class actions.

11. Modifications to Terms

We reserve the right to modify these Terms at any time. Changes will be effective upon posting. Your continued use of Moflex after changes constitutes acceptance of the modified Terms.

12. Contact Information

For questions about these Terms or general support:

General Inquiries: support@nerdsdev.pro
DMCA Notices: dmca@nerdsdev.pro
Legal Department: legal@nerdsdev.pro

13. Severability and Entire Agreement

If any provision of these Terms is found invalid, the remaining provisions will continue in effect. These Terms constitute the entire agreement between you and Moflex regarding the App's use.

BY USING MOFLEX, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF USE.

Last updated: January 20, 2025 | Version 2.0