Terms of Use
Effective Date: June 26, 2023
These Terms of Use form a binding agreement (the “Agreement”) between you, an individual user (“you”), and Mandev Khalsa (“Developer,” “we,” “us,” or “our”). This Agreement governs your use of the Moon Me LoverTMmobile software application (the “App”) and the related services available on the Developer’s website located at www.moonmelover.com (collectively referred to as the “Service”).
BY INSTALLING, ACCESSING, OR USING THE SERVICE, YOU CONFIRM THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF USE.
IF YOU DO NOT ACCEPT THESE TERMS, YOU MUST NOT DOWNLOAD THE APP OR USE THE SERVICE.
Summary of Key Terms:
As detailed further in this Agreement (and without limiting any provisions of these Terms of Use), you acknowledge the following:
(i) The Service is licensed, not sold, to you, and you may use the Service only in accordance with these Terms of Use.
(ii) The Service does not provide medical or health advice and should not be interpreted as such. All information provided by the Service is intended for general educational and/or entertainment purposes only.
(iii) The Service is provided on an “AS IS” basis without any warranties.
(iv) The Developer’s liability to you is limited to the greater of the fees you have paid for the Service or U.S. $100. You voluntarily absolve the Developer from any further liability related to your use of the Service.
(v) You agree to the collection, use, and disclosure of your “Personally Identifiable Information” and “Non-Identifying Information” in line with the Developer’s Privacy Policy, which is available atwww.moonmelover.com/privacy-policy (“Privacy Policy”).
(vi) All disputes between you and the Developer will be resolved through mandatory binding arbitration.
(vii) Both you and the Developer waive the right to a trial by jury or to participate in a class-action lawsuit.
TERMS OF USE
1. Eligibility. The Service is solely for users who are at least eighteen (18) years old. IF YOU ARE UNDER 18 YEARS OF AGE, DO NOT ACCESS OR USE THE SERVICE IN ANY MANNER. By accessing or using the Service, you affirm that you are at least 18 years old.
2. Description of the Service. The Service is designed for both female and male users and provides guidance on stimulating Moon Centers prior to intercourse, aiming to optimize male and female sensuality. It also offers soothing Gong music tracks. The specific content, guidance, music, and other elements of the Service can be updated, altered, or removed by the Developer at any time, with or without notice, and without any liability to you.
3. Privacy Policy. By accessing and using the Service, you also confirm that you read and agree to the Developer’s Privacy Policy (available at www.moonmelover.com/privacy-policy), the terms and conditions of which are incorporated herein by reference.
4. Geographic Usage Restrictions. The Developer does not represent or warrant that the information or materials provided by the Service are appropriate, lawful, or available for use in locations outside of the United States of America. Individuals who choose to access or use the Service from such locations do so on their own initiative and are responsible for compliance with applicable local laws. Accessing the Service from jurisdictions where the content or practices of the Service are illegal, unauthorized, or punishable is strictly prohibited.
5. Mobile Services. The Service can be accessed via a mobile phone, tablet, or other wireless device (collectively, “Mobile Services”). Standard messaging, data, and other rates and fees from your mobile carrier will apply to your use of the Mobile Services. Additionally, certain Mobile Services may be restricted or prohibited by your mobile carrier, and not all Mobile Services may be compatible with all devices or carriers. Therefore, it is your sole responsibility to check with your mobile carrier to determine the availability of the Mobile Services for your mobile device(s), understand any potential restrictions on your use of the Mobile Services, and ascertain their cost.
6. Registration and Account Credentials. While you can always browse the public-facing sections of the Service without registration, to fully benefit from the Service, you must create an account with us (the “Account”) by downloading the App onto your mobile device and paying the monthly subscription fees through your Apple or Google Play account, as appropriate. The Developer reserves the right to suspend or terminate your Account without notice and without liability, if activities on your Account violate these Terms of Use, damage the Service, infringe upon third-party rights, tarnish the Developer’s reputation, or violate applicable laws or regulations.
7. Account Security. You are solely responsible for the security of your account and for all activities occurring through the use of your credentials. You must not share your Account credentials with any third party. Notify the Developer immediately at info@moonmelover.com if you suspect or become aware of any unauthorized use of your credentials or any other security breach concerning your Account. The Developer will not be liable for any loss or damage arising from unauthorized use of your credentials.
8. Subscription and Payment Terms. The Service operates on a subscription basis which, upon payment of a monthly fee, grants the user full access to all available content. Please note that if you purchase a subscription through the Apple App Store or via our iPhone application, the transaction is deemed final, and we will not provide a refund. Similarly, if you purchase a subscription through the Google Play store, the sale is also considered final, and we will not provide a refund.
9. Cancellation of Subscription. Each subscription to the Service is processed in one-month installments from the date of purchase. You have the right to cancel your subscription at any time. If you wish to cancel, you must do so through the Apple App Store or Google Play Store, as appropriate, before the start of the next one-month installment to avoid being charged for the subsequent period. Cancellations made after the start of a new installment will not result in a refund or prorate the monthly fee, and you will maintain access to the Service until the end of the paid-for period. After cancellation, you will not be charged for subsequent periods. Please note that uninstalling the app from your device does not cancel the subscription, and you must actively cancel the subscription through the Apple App Store or Google Play Store, as per these terms, to halt billing.
10. Intellectual Property Rights. All images, graphics, music, sounds, videos, texts, software, information, interactive features, and other content provided by the Developer via the Service (“Developer Content”) are protected by copyright or other intellectual property rights and are owned by the Developer or its third-party licensors. You may not copy, reproduce, upload, republish, broadcast, transmit, post, modify, create derivative works from, publicly perform, display, use commercially or distribute any materials from the Service without the Developer’s prior written consent.
11. Limited License. Subject to your ongoing compliance with this Agreement, the Developer grants you a personal, limited, revocable, non-exclusive, non-transferable license to access and use the Service for your personal, non-commercial use. The Developer reserves all rights not explicitly granted to you.
12. Developer's Marks. The Developer owns full rights to the trademark MOON ME LOVER and other trademarks, service marks, and logos (“Trademarks”) used and displayed on the Service. You may not remove any Trademarks identifying the ownership or origin of any Developer Content. Any goodwill generated from the use of any Developer Trademark will solely benefit the Developer.
13. Additional Terms of Usage of the Service. Your usage of the Service and Developer Content must comply with all applicable laws. In addition to all other terms and conditions of this Agreement, you are expressly forbidden from the following:
(a) Unauthorized reproduction or creation of derivative works from any content accessible on or via the Service.
(b) Utilizing any device, software, process, or routine that could potentially disrupt the proper functioning of the Service.
(c) Attempting to decipher, decompile, disassemble, or reverse engineer any software or source code that constitutes or contributes to the Service.
(d) Modification or removal of any Developer Content.
(e) Framing or linking to any Developer Content.
(f) Modifying, defacing, mutilating, or circumventing any functionality provided by the Service.
(g) Providing false personal information to the Developer or impersonating others.
(h) Creating a new account with the Developer, without explicit written consent, if a previous account of yours has been deactivated by the Developer.
(i) Soliciting or collecting personal information from other users; disclosing personal information about a third party on the Service or obtained from the Service without their consent.
(j) Using the Service for commercial or unauthorized purposes, including but not limited to commercial advertising, solicitation, spamming, and violating any federal, state, local laws or regulations, or the terms of these Terms of Use, without the Developer’s explicit written consent.
14. Suspension, Discontinuation, and Termination of Service. Should the Developer perceive any infringement of its intellectual property or a violation of these Terms and Conditions, it reserves the right to, at its sole discretion, suspend, remove, or disable your access to the Service or any Developer Content without prior notification. Furthermore, the Developer may delete any data, information, or materials that you've uploaded to the Service. The Developer also reserves the right to modify, suspend, or discontinue any or all parts of the Service for any reason, at any time, without prior notice or liability.
15. Limitation of Liability and Disclaimer of Warranties. Notwithstanding any other provisions in these Terms and Conditions, the Developer neither represents nor warrants that the Service is designed to diagnose, treat, cure, or prevent any diseases or medical disorders or conditions. By using the Service, you acknowledge this disclaimer and that the Developer is not providing you with a medical device, medical advice, or healthcare services. The Developer bears no responsibility for any health problems or injuries, including, but not limited to, incapacity or death, that may result from or relate to your use of or inability to use the Services. Moreover, the Developer does not make any guarantees, warranties, or representations regarding the Service and Developer Content. The Developer is not liable for the truth, accuracy, completeness, or fitness for any purpose of any information or other Developer Content provided by the Service or for any delays or interruptions of the data, information, or the Service’s functionality for any reason. The Developer does not assure that the Service will function without errors or that the Service and Developer Content are free from computer viruses or other harmful features. The Service and the Developer Content are provided “AS IS,” and you agree to use them AT YOUR OWN RISK. Under no circumstances will the Developer be liable for any special, indirect, punitive, incidental, or consequential damages, lost profits, or damages resulting from lost data or business interruption resulting from, or in connection with, the use or inability to use the Service and any content thereon, whether based on warranty, contract, tort (including negligence), or any other legal theory. The Developer's liability to you under any circumstances is limited to the greater of the fees you have paid for the Service or U.S. $100.
16. Mandatory Binding Arbitration. Both you and the Developer agree to resolve all disputes stemming from or related to your use of the App and Services through MANDATORY BINDING ARBITRATION. This resolution method applies regardless of whether the dispute is based on statute, contract, tort, negligence, fraud, misrepresentation, or any other legal theory, and irrespective of whether a claim arises during or after the termination of these Terms of Use. Any arbitration between you and the Developer will be regulated by the Federal Arbitration Act, and the Commercial Dispute Resolution Procedures along with the Supplementary Procedures for Consumer Related Disputes (collectively referred to as “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms of Use, and will be managed by the AAA. The AAA Rules and filing forms can be found at www.adr.org. The arbitrator has the sole authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
17. Pre-Arbitration Notice. A party intending to seek arbitration must first send a written notice of the dispute to the other party via U.S. Mail (“Notice”). The Notice must: (i) outline the nature and basis of the claim or dispute; and (ii) specify the desired relief (“Demand”). The parties will make good faith efforts to resolve the claim directly. If no agreement is reached within 30 days after the Notice is received, either you or the Developer may initiate an arbitration proceeding.
18. Exceptions to the Binding Arbitration Clause. Despite the stipulations in Section 14, nothing in these Terms of Use is intended to waive, preclude, or otherwise limit the right of either party to: (i) bring an individual action in small claims court; (ii) pursue enforcement action through the applicable federal, state, or local agency if that option is available; (iii) seek injunctive relief in support of arbitration from a court of competent jurisdiction; or (iv) file a lawsuit in a court of law to address an intellectual property infringement claim.
19. Class Actions are Prohibited. You and the Developer mutually agree that any claims brought forth will only be in the individual capacity of the claimant, and not as a plaintiff or member in any potential class or representative action. Moreover, unless you and the Developer both agree otherwise, the arbitrator, during obligatory arbitration, may not consolidate claims of more than one individual, nor preside over any representative or class action.
20. Indemnification. To the maximum extent permissible by law, you agree to defend, indemnify, and exempt the Developer from any claims, actions, or demands, inclusive but not limited to, reasonable legal and accounting expenses, arising from (a) your violation of these Terms of Use, and/or (b) your access to, use of, or misuse of the Developer’s Content or Service. The Developer will provide you with notice of any such claim, lawsuit, or proceeding.
21. Feedback. The Developer is consistently working to enhance and assess the Service and its features. Your comments and other feedback are greatly appreciated. If you decide to provide your feedback, you acknowledge that: (a) the Developer is not obliged to acknowledge, review, consider, or implement your feedback, nor to return any or all feedback for any reason; (b) your feedback is provided on a non-confidential basis, and the Developer has no obligation to maintain its confidentiality or to abstain from using or disclosing it; (c) you grant the Developer an irrevocable, perpetual, and unrestricted right to use your feedback, including any derivatives, for any purpose, without any charges or need for recognition, including the making, using, selling, offering for sale, importing, and promoting of commercial products and services that incorporate or embody the feedback, in its original form or modified; and (d) the Developer will be considered the sole author and owner of any ideas, products, services, documents or other works that are created or derived from your feedback.
22. Consent to Electronic Communications. By utilizing the Service, you give consent to receive specific electronic communications from us, as detailed further in our Privacy Policy. Please refer to the Privacy Policy to gain a better understanding of your options concerning our practices of electronic communications.
23. Amendments to these Terms and Conditions. You understand and agree that we reserve the right to modify these Terms of Use at any time. We will inform you of any such changes by displaying the updated Terms of Use within the App or delivering them to you via email. The revised Terms of Use will become effective upon their posting or delivery, unless otherwise specified. Your continued use of the Service following the effective date will be regarded as acceptance of these updated Terms of Use. If any change to these Terms of Use or the Service is unacceptable to you, your sole remedy is to cease accessing, browsing, and making use of the Service.
24. Jurisdiction and Venue. This Agreement is to be governed by and interpreted in accordance with U.S. federal law and the laws of the State of California, United States, irrespective of its conflict of law provisions. You explicitly agree to submit to the exclusive personal jurisdiction of the state and federal courts located in the city of Los Angeles, California.
25. Entire Agreement. This Agreement constitutes the entire understanding and agreement between the Parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, whether written or oral, relating thereto. The Parties agree that this Agreement may be amended, modified, or changed only by a written document signed by all Parties.
26. Severability of Provisions. If any provision of this Agreement is held to be illegal, invalid, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
27. Fair Interpretation and Construction. This Agreement shall be interpreted fairly in accordance with its terms, conditions, and provisions, without any strict construction in favor of or against any Party.