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:
- Provides movie and TV show metadata through The Movie Database (TMDB) public API
- Offers a user interface for browsing entertainment information
- Allows users to organize and track their viewing preferences
- Supports an open plugin architecture for extended functionality
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:
- You understand the plugin is not part of Moflex and operates independently
- You accept all risks associated with the plugin's use
- You will comply with all applicable copyright laws and regulations
- You will not use plugins to access content you are not legally authorized to view
- Moflex bears no responsibility for your actions or the plugin's functionality
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:
4.2 DMCA Notice Requirements
To be effective, a DMCA notice must be in writing and include:
- A physical or electronic signature of the copyright owner or authorized agent
- Identification of the copyrighted work(s) claimed to be infringed
- Identification of the material claimed to be infringing, with sufficient detail for us to locate it
- Your contact information (address, telephone number, and email)
- A statement that you have a good faith belief that the use is not authorized
- 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:
- Promptly remove or disable access to the allegedly infringing material
- Notify the affected user of the removal
- Provide the user with information about filing a counter-notice
- Forward any valid counter-notices to the original complainant
4.4 Counter-Notice Procedure
If you believe your content was wrongly removed, you may file a counter-notice containing:
- Your physical or electronic signature
- Identification of the removed material and its former location
- A statement under penalty of perjury that you believe the removal was a mistake
- 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:
- Violate any applicable laws or regulations
- Infringe upon intellectual property rights
- Access content you are not legally authorized to view
- Distribute malware or engage in harmful activities
- Attempt to circumvent security measures
- Misrepresent the App's functionality or purpose
- Engage in any activity that could subject Moflex to liability
5.2 User Compliance Obligations
You are solely responsible for:
- Ensuring your use of Moflex complies with all applicable laws
- Verifying the legality of any content accessed through third-party plugins
- Understanding and complying with copyright laws in your jurisdiction
- Any consequences resulting from your use of the App or third-party plugins
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:
- Content accessed through third-party plugins
- Actions of third-party plugin developers
- Accuracy of information provided through TMDB or other sources
- Availability or functionality of the App
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:
- App usage analytics for improvement purposes
- User preferences and settings stored locally
- Crash reports for technical support
7.2 Third-Party Services
We use third-party services that may collect data:
- TMDB API for movie and TV show information
- Analytics services for app improvement
- Advertising networks (which have their own privacy policies)
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:
- United States: Digital Millennium Copyright Act (DMCA)
- European Union: Directive on Copyright in the Digital Single Market
- India: Information Technology Act and Copyright Act
- Other jurisdictions: Local copyright and intellectual property laws
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:
- Violation of these Terms
- Repeated copyright infringement
- Illegal activities or misuse of the App
- Actions that expose Moflex to legal liability
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:
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