Moonly
Terms of Use
Published: March 31, 2024
These Terms of Service (hereinafter referred to as the "Terms") set the legally binding terms for the use of services, software and web sites (hereafter referred to as the "Services") provided by the Cosmic Vibrations, Inc. (“Company”), and your access to them. Our Privacy Policy describes how we collect and use your information. Using our Services, you agree to be bound by these Terms and Privacy Policy. The use of our Services signifies your acknowledgement and acceptance of these Terms and Privacy Policy, your voluntary provision of personal data and your content and your guarantees and assurances of fair use and the adequacy of the rights for your content for the use of the Services. If you are acting as an individual, you hereby represent and warrant that you are at least 14 years of age and have the legal capacity to execute legally binding agreements. If you are under 14 years of age you are not allowed to access, use, or browse the Services. If you are acting on behalf of a legal entity, you hereby represent and warrant that you have all necessary authority and legal capacity to bind such entity to comply with all of these Terms.
Your content and permissions
When you use the Services, you grant us your files, your personal data and personal information of your emails, contact information, and so forth (hereinafter referred to as "Your content"). Your content belongs to you. These Terms do not give us any rights to Your content, except for the limited rights necessary for the operation of the Services and providing you with the relevant services. Using our Services you express specific and informed consent to the processing of personal data provided by you to the extent that is necessary for the operation of Services and providing you with the relevant services, transferring personal data to the territory of other states and our partners, and you acknowledge that obtaining your consent in this form is appropriate and adequate.
We need your permission to post Your content, make its back up and make it available to others upon your request. Also, our Services provide you with certain functions such as creating thumbnails of your photos and videos, organize files, edit them, to share them, store data, enabling searching among them, and so on. To perform these and other functions, our system may be required to access your content, store it, and scan. You give us permission to do so, and this authorization shall also apply to third parties with whom we work.
Sharing your content
With our Services you can provide other people access to Your content, so please carefully consider whether or not to grant access to certain files. The consequences of your decision to grant total access to Your content is fully imposed on you.
Your responsibilities
You are solely responsible for your actions, including those against third parties and Your content and you must comply with the Terms of Service. Data contained in the Services may fall under the copyright of other users. Please do not copy, upload, do not download the data and do not provide access to them if you do not have the corresponding rights.
We have the right to consider your actions and your data and assess their compliance with the Terms. But we are not obliged to do so. Under no circumstances we are responsible for data that users store in our Services and to which they provide access. Please do not share your passwords for our Services with anyone, thoroughly protect them and indicate the actual data in your account information.
Our Services are not intended for users under 14 years old. Using our Services, you agree that you are over 14 years old. In some cases, if you are under 18, you must obtain the consent of your legal representatives/guardians to use our Services.
Our services can be used for entertainment purposes only, and don’t provide any divinations.
Member Account, Password and Security
You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify Company of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. Company will not be liable for any loss or damage arising from your failure to comply with this Section.
All disclosures that you make about yourself on or through our Services are made at your own risk, and Company shall not be responsible for any damages, injury, or harm, including physical injury, which may arise from any disclosures that you make. Please also see our Privacy Policy for more information on data practices.
Women's cycles
The Services are provided for educational and informational purposes only and are not intended to replace professional medical advice, diagnosis, treatment or treatment of any disease or health condition, or to provide contraceptive methods or birth control. Before making any decision or taking any action that may affect your health or safety, the health or safety of your family, please consult with a licensed physician or other qualified healthcare provider. Do not disregard professional medical advice or delay in seeking it because of something you have read about or in the Services. Always consult with a healthcare professional if you have questions or concerns about your health or condition, or if your health or condition has changed. If you think you may have a medical emergency, call 911 or go to the nearest emergency room immediately. No physician-patient relationship is created by the Services or their use.
Health and psychological disclaimer
Cosmic Vibration Inc. does not offer medical or psychological advice. Our platform provides only general information related to health and well-being. We explicitly state that we are not a psychological service, and we are not equipped to address the psychological states of participants. If you have concerns about your mental well-being, it is crucial to consult a licensed psychologist or mental health professional. Before starting any new exercise routines or wellness practices, it’s essential to consult with your healthcare provider and heed their advice. You also recognize and accept the inherent risks associated with trying out new or intense health routines. This disclaimer applies not only to the functionality of the app but also to any online courses provided by Cosmic Vibration Inc. Cosmic Vibration Inc. shall not be held responsible for any injuries, losses, or damages resulting from your engagement with our health, wellness, or other exercise content.
Use at your own risk
Our goal is to help make certain health-related information more readily available and useful to you. However, the Services cannot and do not guarantee health-related improvements or outcomes.
Your use of the Services and any information, predictions, or suggestions provided in the Services are at your sole risk. We make no representation or warranty of any kind as to the accuracy of data, information, estimates, and predictions that we may provide to you through the Services and you agree and understand that the Services are not intended to match or serve the same purpose as a medical or scientific device or healthcare provider.
Software
Some of our Services give you the possibility to download software (hereinafter referred to as the "Software"), which can be updated automatically. As long as you comply with these Terms, we give you a limited, non-exclusive, revocable and not transferred right to use the Software in order to obtain access to the Services. In cases where the components of the Software are the subject of licensing terms for the software with an open source, we provide you with access to these licenses. Provisions of such licenses can refute some of these Terms. If these restrictions are not prohibited by law, you agree not to and will not attempt to carry out reverse engineering or decompilation of Services and will not assist anyone in doing this.
Our content
Our Services are protected by copyright law, the law on the protection of trademarks and other laws of the United States and other countries. These Terms do not grant you any rights of ownership or other to Services, contents of other users posted on the Services, trademarks, logos, and other properties of Company.
Copyright
We respect the rights of other parties to intellectual property and expect the same from you. We take appropriate steps to give notice of copyright infringement, if such notification has been made in compliance with the law. We reserve the right to remove or block data in respect of which we received a notice of copyright infringement, as well as to delete a user’s account, for which we received a repeated notice of copyright infringement.
No Cosmic Vibrations Inc. Services, nor any part of any Cosmic Vibrations Inc. Services, may be reproduced, modified, duplicated, copied, prepared derivative works based upon, sold, resold, leased, licensed, distributed, transferred, publicly displayed, publicly performed, transmitted, streamed, broadcasted, visited, or otherwise exploited for any commercial purpose without express written consent of Cosmic Vibrations Inc.
Additional Terms of Use of Application Content
The Application Content contains various materials and other items related to the Company, its products and services, as well as similar items from our licensors and other third parties, including all designs, information, articles, publications, text, data, files, images, scripts, design, graphics, button icons, instructions, illustrations, audio clips, music, sounds, images, videos, advertising copy, URLs, technology, software, interactive features, and the compilation, assembly and arrangement of Content. As well as any copyrighted material (including source and object code). No content is intended to constitute professional advice, whether medical, financial, legal or otherwise. The Company and those who publish or otherwise provide information, content or materials are not responsible for any consequences arising directly or indirectly from any action or inaction you take based on the information, content or other material in the digital audio files. You understand that by using and accessing Application Content, you may be exposed to Content that you may find offensive or objectionable, and that such Content may or may not be identified as containing explicit material. However, you agree to use Application Content at your own risk and the Company shall have no liability to you for materials that may be found offensive or objectionable.
The Application Content (including past, present and future versions) and Services are owned or controlled by the Company, our licensors and/or certain other third parties. All rights, title and interest in and to the content available through the Application are the property of the Company or our licensors or certain other third parties and are protected by United States and international copyrights, trademarks, trade dress, patents and/or other intellectual property rights and laws and unfair competition to the greatest extent possible. The Company owns a copyright in the selection, compilation, assembly, arrangement and enhancement of the Application Content.
Subject to your strict compliance with these Terms of Service, the Company grants you a limited, non-exclusive, revocable, non-transferable, personal and non-transferable license to: (i) download (temporary storage only), display, view, use and reproduce Application Content (excluding original and object code in raw form or otherwise other than as made available for access and use to provide display and functionality) on a personal computer, mobile phone or other wireless device or other Internet-enabled device. (each, a “Device”) is for your personal, non-commercial use only. The foregoing limited license: (i) does not give you ownership or any other intellectual property rights in any Application Content, and (ii) may be immediately suspended or terminated for any reason, in the sole discretion of the Company and without prior notice. or responsibility. You may not develop or derive for commercial sale any data in machine-readable or other form that incorporates or uses any substantial part of the Services nor transfer to or store any data residing or exchanged over the Services in any electronic network for use by more than one user unless you obtain prior written permission from the Company. In some cases, we may provide you with increased access to and use of Application Content, subject to certain Additional Terms.
When using Application Content, you must respect the intellectual property and other rights of the Company. Your unauthorized use of Application Content may violate copyright, trademark, privacy, publicity, communications and other laws, and any such use may subject you to personal liability, including potential criminal liability.
The Application content can be used for entertainment purposes and does not involve any fortune-telling. Use the Application Content at your own risk. We make no guarantees to our users and disclaim all responsibility for your use of the service.
Termination
You can stop using our Services at any time. We also reserve the right at any time to suspend or cancel the Services on our independent discretion and without notice. For example, we may suspend or discontinue the Services if you violate these Terms, use the Services in a way that we have to bear the legal responsibility, impede the work of the Services or impede others to use the Services. We reserve the right to cancel your subscription and terminate your account (this does not apply to Paid accounts), if you do not access the Services within 12 calendar months.
Purchases
The Company may offer products and services for purchase in exchange for a subscription or other fee (“subscription” or “in-app purchase”) through iTunes, Google Play or other third party payment platforms (collectively, “External Store”) authorized for in-app service or web version of the application. If you choose to make a subscription or purchase in the app or web version of the app, you will be asked to confirm the purchase with the applicable payment provider and payment method (whether your card or a third-party account such as iTunes or Google Play) (your "Payment Method" ) will be charged at the prices displayed to you for the services you select, plus any sales or similar taxes that may be levied on your payments, and you authorize the Company or third party account, as applicable, to charge you. By signing up for a subscription or in-app or web-based application purchase from Company, you acknowledge and agree that additional terms and conditions may apply to your use, access and purchase of such subscription and in-app or web-based application purchase. The Company is not responsible for any payment processing errors that may occur when using an external store to make a subscription or purchase in the application or the web version of the application. If you use a payment method that you do not have permission to use, you will be liable to us for any losses we incur due to your use of that payment method.
We recommend that you review the terms and conditions of any third party store before making a subscription or purchase in the app or web version of the app. Moreover, for any subscription or purchase in the application or web version of the application, you will be billed to the method you choose without interruption until you cancel the subscription or purchase in the application in accordance with the terms of the Third Party Store. Please note that features and content are offered free of charge in limited quantities, so you may want to access and try out the offer before making any purchases. The company encourages you to make purchases responsibly and thoughtfully.
Please note that the Service can be used without a subscription, so canceling or terminating your subscription will not remove your account or profile from the Company. You must delete or terminate your account in accordance with the procedures set forth in the Application. Moreover, the Company reserves the right to suspend or terminate any account without refund of any subscription or in-app or web-based in-app purchase for violation of these Terms of Service.
Automatic Renewal
If you purchase a subscription, your subscription will automatically renew for the same subscription period/terms as originally purchased. To avoid any future unwanted charges, you must cancel your subscription before the expiration of any free trial period, subscription period, or renewal pursuant to the terms and conditions of this Service and any third-party payment platforms such as Apple iTunes, Google Play, Stripe or Paddle. Please note that deleting your account and/or mobile application from your device does not automatically cancel your subscription. Any purchases made through the App Store must be canceled and/or refunded by Apple.
Cancellation of online courses
You may cancel your subscription with Cosmic Vibration Inc. at any time for any or no reason. However, if you cancel your subscription before the end of the current access period, we will not refund any course fees already paid to us or charged to your payment method, except in special circumstances that will be determined by Cosmic Vibration Inc. on a case-by-case basis. To cancel your recurring course access, please visit your payment settings within your Cosmic Vibration Inc. account profile. Upon canceling, you will lose access to the online course you enrolled in with Cosmic Vibration Inc. at the end of your access period. If you choose to re-enroll as a paying member, your billing date will reset to the day you made the payment. If you pay for your course access through an account with a third party (e.g., Apple iTunes or Google Play), you may need to cancel through that respective third party. If you’re ever dissatisfied with your experience, please send us an email to hi@moonly.app.
Feedback
You grant to us an irrevocable, royalty-free, perpetual license to use all feedback, ideas, or suggested improvements you provide to us (through the Services or otherwise) regarding the Services, Prompts, or Outputs (collectively, “Feedback”), and you agree that we and our Providers may use the Feedback—together with the related Prompts and Outputs or any derivative thereof—in any manner without any payment or credit to you, including in connection with our development, improvement, and marketing of our Services or other products or services.
Personal information
If you submit any personal information to us in connection with your use of the Services, whether as part of your Requests or otherwise, you acknowledge that our Privacy Policy governs our use and processing of such personal information.
Rights to materials
Our Services allow you to submit text, audio, photographs, video, documents or other materials (“Requests”) to the Services for processing. Our Services may generate responses based on your requests (“Output”). Outputs and requests are collectively referred to as “Materials.” You represent and warrant that you have all rights necessary to enable us to process Requests you submit to the Services in accordance with these Terms, and that you have provided all notices and obtained all consents. You also represent and warrant that the requests you submit do not violate our Terms, our Acceptable Use Policy, or any laws applicable to requests (including intellectual property laws and any privacy or data protection laws applicable to personal information contained in your requests). Except as expressly provided in our Terms, you retain all right, title and interest (including intellectual property rights) you have in your Submission. We authorize you to use the output for permitted purposes.
Our Use of Materials
We may analyze and use any Content to provide, maintain and improve the Services and to develop other products and services. It will be stored and may be used for calculations and fine-tuning of neural networks.
Push Notifications and email newsletters
We may request to send you push notifications regarding your account or the Application. As well as an email newsletter regarding important news and Services updates. If you wish to opt out from receiving these communications, you may turn them off in your device’s settings.
Services are provided “as is”
We strive to provide to your use the most convenient Services, but some conditions cannot be guaranteed. To the extent permitted by applicable law the Company, its affiliates, suppliers and sales agents does not provide any warranties, expressed or implied, with the respect to services data. services are provided "as is". We also provide no warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
Limitation of liability
To the fullest extent permitted by law, Company, its affiliates, suppliers or sales agents in no event shall not be liable for any indirect, special, incidental, consequential, exemplary or punitive damages, or data loss, loss of use, regardless of the legal framework and that whether the Company Was warned about the possibility of such damages, and even if the remedy fails its essential purpose.
We make no warranties to our users and disclaim all liability for your use of the service.
Use Services is at your own risk.
Company and its partners have no liability whatsoever for your use or reliance on any product or service you use or encounter on any Company service. You agree that Company is not liable under any theory of law for any compensatory, indirect, special, incidental, punitive, or consequential damages, including but not limited loss of profits, business interruption, loss of information or data, mental issues, and/or the failure to realize any specific outcome, whether based on breach of contract, breach of warranty, tort, product liability or otherwise.
You acknowledge that these limitations of liability are essential to allowing Company to provide a free service, and that our services would not be provided without these limitations. If you do not agree to these limitations, please do not use the services. No advice or information you obtain from us through the services or in support of the services shall create any warranty, representation, or guarantee not expressly stated in these terms. Our liability is limited to the maximum extent permitted under applicable law. In addition, you specifically agree and acknowledge that Company is not liable for the content submitted by any other user, or any defamatory, offensive, or illegal conduct of a third party.
Specifically, Company makes no representations or warranties about the following:
• The accuracy, reliability, completeness, correctness, or timeliness of the content, software, text, graphics, links, recommendations, or communications provided on or through the use of the Company services.
• The accuracy, completeness or correctness, timeliness, or usefulness of any opinions, advice, services, or other information provided through the Company services.
• The services will be uninterrupted, or free of errors, viruses, or other harmful components.
In no event will Company, its officers, directors, employees, affiliates, agents, attorneys, representatives, be liable to you or anyone else for any decision made or action taken by you or anyone else in reliance upon the information provided through the Company services. You will hold Company, its officers, directors, employees, affiliates, agents, attorneys, representatives, harmless for any such actions or decisions taken by you in reliance upon such information.
Settlement of disputies
Let's first try to negotiate. We are ready to hear your questions and complaints. Prior to commencement of any action for judicial intervention, you agree to attempt in good faith to resolve your questions and concerns with us by contacting us at hi@moonly.app. We, in our turn, also will try to resolve in good faith your questions and concerns. If the dispute is not resolved within 30 days after the filing the notice, you or Company have the right to initiate a formal trial.
Applicable legislation
These Terms shall be in accordance with the laws of the State of Delaware, USA.
Entire agreement clause
These Terms cover the entire agreement between you and the Company in the ratio of the agreement subject to these Terms and supersede any other prior or contemporaneous agreements or conditions applicable to the subject of the Agreement designated in these Terms. These Terms do not grant any rights to third parties, making benefits of them.
Refusal, autonomy of provisions of the agreement and transfer of rights
The failure of Company to enforce any provision shall not constitute a waiver of the right to carry out this provision later. If such a provision is recognized unenforceable, the remaining provisions of these Terms nevertheless remain valid and unenforceable provision shall be replaced by another, as close as possible to the replaced content, in line with our intentions. You have no right to concede any of your rights stipulated in these Terms. Any attempt to do so will have no legal force. Company has the right to assign its rights to any of its affiliates or subsidiaries, or any successor or company associated with the Services.
Amendments
From time to time, we may make amendments to these Terms. The most up to date version of these Term will be available on our website. If such amendments will materially impact your rights or ability to utilize the Services, we will notify you (for example, send an email to the specified in your account e-mail, post a comment on our blog or on this page, etc.). By continuing to use the Services after the effective date of such amendments, you agree to the amended Terms.
If you do not accept the updated Terms, you must not continue to access or use the Services.
If you are dissatisfied with the Services, then you agree that your sole and exclusive remedy is to discontinue any use of the Services.
How You Can Contact Us
For questions or comments about the Terms, or for questions about your privacy. Please email us at hi@moonly.app.
