Legal

Terms of Service

Version: 1.0 · Last updated:

1. Agreement

These Terms of Service (“Terms”) form a binding agreement between you (“you”, “Student”) and MoiraiOnline, a sole proprietorship operating under the laws of the State of New York, USA (“MoiraiOnline”, “we”, “us”).

By creating an account, applying to a cohort, or making a purchase, you accept these Terms in full.

2. Eligibility

  • You must be at least 18 years old, or 16–17 years old with verifiable parental or legal guardian consent.
  • You must provide accurate registration information.
  • You are responsible for keeping your account credentials confidential.

If you are 16–17 years old, your parent or guardian must review and accept these Terms on your behalf before you enroll. By completing enrollment for a minor, the parent or guardian agrees to be bound by these Terms.

3. Account

You are responsible for all activity that occurs under your account. You must notify us immediately at moiraionlinepro@gmail.com if you suspect unauthorized access to your account. We reserve the right to suspend or terminate accounts for violation of these Terms.

4. Programmes and access

  • Cohort-based programmes start on scheduled dates and run for fixed durations as stated on the programme detail page.
  • Access to course content (live sessions, recordings, materials) is granted from the cohort start date and remains available during the active enrollment period. Specific retention windows for session recordings after a cohort ends are stated on each programme’s detail page.
  • Live sessions are conducted via Zoom (or equivalent platform) at scheduled times.
  • Homework review by instructors is provided during the active cohort period.

Live sessions may be recorded for the benefit of enrolled students (e.g. for students in different time zones or who miss a session). By enrolling, you consent to being recorded during live sessions. Recordings are made available only to enrolled students in the same cohort and are not published publicly without separate consent.

5. Payment

  • Prices are in USD unless otherwise stated.
  • Payment is due at enrollment; access is granted upon successful payment.
  • We use Stripe for payment processing; we do not store card details.
  • See our Refund Policy for cancellation rights.

6. Intellectual property

Our content

All course materials, lectures, workbooks, and templates are owned by MoiraiOnline or licensed to us. You receive a personal, non-transferable, non-exclusive license to view and use the materials for your own educational purposes. You may not redistribute, sublicense, or commercially exploit course materials.

Your work

You retain full ownership of any films, scripts, or other creative work you produce during the programme. By agreeing to participate in our Works gallery (as indicated in your enrollment agreement), you grant MoiraiOnline a limited, non-exclusive, royalty-free license to display your work on our public portfolio gallery, with your prior consent. You may withdraw this consent at any time by contacting moiraionlinepro@gmail.com.

7. Conduct

You agree not to:

  • Share account access with non-enrolled users
  • Record or redistribute live sessions or course recordings
  • Harass, bully, or discriminate against other students or instructors
  • Use the service for unlawful purposes
  • Attempt to bypass security or anti-bot measures
  • Misrepresent your identity or credentials

Violation of these rules may result in immediate account suspension. Refund eligibility in cases of suspension is governed by the Refund Policy.

8. AI and external tools

You may use AI tools (e.g. ChatGPT, Midjourney) as creative aids in your homework, but you must disclose any substantial AI involvement in your submission. Presenting AI-generated content as entirely your own original human work without disclosure is a violation of these Terms and may result in dismissal from the programme without refund.

9. Force majeure and programme changes

If a cohort cannot proceed as scheduled due to circumstances beyond our reasonable control (including instructor illness, natural disasters, or platform outages), we will either:

  • Reschedule the cohort to the next available date, or
  • Provide a replacement instructor of equivalent experience.

If neither option is acceptable to you, you may request a full refund as provided in §4 of the Refund Policy. We are not liable for indirect losses arising from schedule changes.

10. Disclaimers

The service is provided “as is” to the fullest extent permitted by applicable law. We do not guarantee specific outcomes, including festival acceptance, employment, or career advancement. Education is collaborative — your results depend substantially on your own effort and engagement.

Nothing in these Terms limits or excludes any rights you have under applicable mandatory consumer protection law that cannot be excluded by contract.

11. Limitation of liability

To the maximum extent permitted by applicable law, MoiraiOnline’s total liability for any claim arising out of or in connection with these Terms is limited to the amount you paid for the programme in the 12 months preceding the claim.

Nothing in these Terms limits MoiraiOnline’s liability for:

  • Death or personal injury caused by negligence
  • Fraud or fraudulent misrepresentation
  • Any other liability that cannot be excluded under applicable law

12. Termination

Either party may terminate the agreement:

  • You: by deleting your account in account settings, subject to the Refund Policy.
  • Us: for material breach of these Terms, with reasonable notice where practicable.

Refunds upon termination are governed by the Refund Policy.

13. Technical requirements

You are responsible for ensuring that your device, internet connection, and software meet the technical requirements to access the programme. We are not responsible for your inability to attend or participate due to technical failures on your end, including but not limited to internet outages, hardware failure, or software incompatibility. No refund will be issued on this basis unless we are demonstrably at fault.

14. Student indemnification

You agree to defend, indemnify, and hold harmless MoiraiOnline and its instructors from and against any claims, damages, losses, and expenses (including reasonable legal fees) arising out of or relating to:

  • Your violation of these Terms
  • Content you upload or submit that infringes the intellectual property rights or other rights of any third party
  • Your conduct toward other students or instructors

15. Binding arbitration and class action waiver

This section does not apply to EU or UK consumers, who retain all rights under applicable mandatory consumer protection law.

For all other disputes that cannot be resolved through good-faith negotiation within 30 days:

  • Binding arbitration: disputes shall be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The arbitration shall take place in New York, NY, or via video conference.
  • Class action waiver: you waive any right to participate in a class action, class arbitration, or any other representative proceeding. All disputes must be brought in your individual capacity.
  • Small claims exception: either party may bring an individual claim in small claims court in lieu of arbitration, provided the claim qualifies.

16. Limitation period for claims

To the fullest extent permitted by applicable law, any claim arising out of or related to these Terms or the service must be filed within one (1) year after the cause of action arose. Claims filed after this period are permanently barred.

This limitation does not apply to EU or UK consumers where mandatory local law provides for a longer limitation period — in such cases, the mandatory period applies.

17. Governing law and disputes

These Terms are governed by the laws of the State of New York, USA, without regard to its conflict-of-law provisions.

EU and UK residents: nothing in this section affects any mandatory rights you have under the laws of your country of residence, including the right to bring proceedings before a court in your country.

EU Online Dispute Resolution: EU consumers may also use the European Commission’s ODR platform at https://ec.europa.eu/consumers/odr.

18. General provisions

Entire agreement: these Terms, together with the Privacy Policy, Refund Policy, and Cookie Policy, constitute the entire agreement between you and MoiraiOnline regarding the service and supersede all prior agreements.

Severability: if any provision of these Terms is found to be invalid or unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will continue in full force.

Waiver: our failure to enforce any provision of these Terms on one occasion does not waive our right to enforce it on any other occasion.

Assignment: you may not assign or transfer your rights under these Terms without our prior written consent. We may assign our rights and obligations under these Terms in connection with a merger, acquisition, or sale of assets, with notice to you.

No agency: nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and MoiraiOnline.

19. Changes to these Terms

We may update these Terms. Material changes will be announced via email to registered users at least 30 days before taking effect. Continued use after the effective date constitutes acceptance of the updated Terms.

20. Contact

Questions about these Terms: moiraionlinepro@gmail.com