1. Introduction
These Terms of Service (the "Terms") govern your access and use of the Company Platform, including the Website, Company App, and other Company services. The Terms also apply to the ordering of moving services, packing, unpacking, loading, unloading, and securing of Customer’s items by a Third Party Mover (collectively, the “Services").
PLEASE READ CAREFULLY, AS THESE TERMS CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND MOVING MUSCLE.
By accessing or using the Services, you confirm your agreement to these Terms. If you do not agree, you may not access or use the Services. The Company may modify these Terms at any time by posting an updated version on the Website, App, or via email. Your continued use of the Services constitutes acceptance of the updated Terms.
2. Definitions
- "Terms": These Terms of Service.
- "Confidential Information": Any non-public business information shared between the parties.
- "Company": Moving Muscle, a Wyoming limited liability company.
- "Company App": The mobile or online application provided by Moving Muscle.
- "Customer" or "you": Any individual or entity using the Company Platform for Services.
- "Intellectual Property": All copyrights, patents, trademarks, trade secrets, and proprietary data belonging to the Company.
- "Personal Information": Any identifiable information such as name, address, identification number, or financial details.
- "Third Party Platform": Any third-party service provider assisting in the provision of the Services.
- "Website": The internet site at https://getmovingmuscle.com.
3. Services, License & General Obligations
3.1. Services
The Company connects Customers with third-party movers ("Third Party Movers") who provide moving-related services. The Company itself does not offer transportation services and is not liable for services provided by Third Party Movers. USE OF THIRD PARTY MOVERS IS AT YOUR OWN RISK.
3.2. Service Refusals & Cancellations
The Company reserves the right to refuse or cancel any service request at any time, including due to inclement weather or unsanitary conditions. A cancellation fee may apply.
3.3. Third Party Platforms
Customers must comply with any third-party terms of service when using their platforms to access the Services. The Company is not responsible for third-party platform failures or restrictions.
3.4. Use Restrictions
Customers may not:
- Undermine platform security.
- Provide false information.
- Transmit harmful or unlawful content.
- Modify, reverse-engineer, or misuse the platform.
3.5. License Grant
The Company grants Customers a non-exclusive, non-transferable license to access and use the Services in accordance with these Terms.
3.6. Customer Responsibilities
- Use the Services lawfully.
- Provide valid identification if requested.
- Maintain accurate account details.
- Avoid solicitation of Third Party Movers outside the Company Platform.
4. Pricing & Payment
4.1. Pricing Estimates
Service estimates are non-binding and subject to change based on actual service requirements. Customers must provide a valid payment method when requesting Services.
4.2. Modification & Cancellation Fees
Orders modified or canceled within 24 hours of service may incur additional fees.
4.3. Payment Processing
Final invoices will be provided via the App or email, and payments are due immediately. The Company processes payments on behalf of Third Party Movers, and Customers must not pay Third Party Movers directly, except for tips.
5. Property Damage & Liability
5.1. Precautions
Customers are responsible for protecting their property before Services begin.
5.2. Company Limitation of Liability
THE COMPANY IS NOT LIABLE FOR PROPERTY DAMAGE CAUSED BY THIRD PARTY MOVERS. SERVICES ARE USED AT YOUR OWN RISK.
5.3. Third Party Movers' Liability
Third Party Movers are not liable for damages beyond the amount charged for Services.
5.4. Reimbursement Policy
The Company may, at its discretion, reimburse Customers for damages in place of Third Party Movers’ liability.
6. Disclaimers & Indemnification
6.1. No Warranties
Services are provided "as is" without warranties of any kind. The Company does not guarantee uninterrupted service, third-party cooperation, or that items will not be lost or damaged.
6.2. Limitation of Liability
THE COMPANY SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS OR PERSONAL INJURY.
6.3. Indemnification
Customers agree to indemnify the Company against claims arising from:
- Breach of these Terms.
- Violation of third-party rights.
- Misuse of the platform.
- Solicitation of Third Party Movers outside the Company Platform.
7. Confidentiality & Privacy
7.1. Confidentiality Obligations
Both parties agree to keep Confidential Information private unless required by law.
7.2. Privacy Policy
Customers acknowledge and agree to the Company’s Privacy Policy. Third-party services may have their own privacy policies, and the Company is not responsible for third-party data breaches.
8. Miscellaneous
8.1. Entire Agreement
These Terms, along with the Privacy Policy, constitute the full agreement between Customers and the Company.
8.2. Governing Law
These Terms are governed by the laws of North Carolina, with jurisdiction in Mecklenburg County.
8.3. Severability
If any provision is deemed unenforceable, the remaining provisions remain valid.
8.4. Notices
Notices to the Company must be sent to support@getmovingmuscle.com. Notices to Customers will be sent via the App or email.
8.5. No Third-Party Rights
Only the Company and Customers have rights under these Terms.
8.6. Binding Effect
These Terms bind both parties and their successors.
8.7. Injunctive Relief
The Company may seek injunctive relief if a Customer violates these Terms.
By using the Services, you agree to these Terms and the Company’s collection, use, and protection of your personal information as described herein.