Terms

Moon Jot, a private company registered in France, ("Moon," "CommandLinear," "we," "us," "our"), provides its services (described below) to you through its website located at [https://www.moonjot.com] (the "Site") and its related services (collectively, such services, including any new features and applications, and the Site, the "Services"), subject to the following Terms of Service (as amended from time to time, the "Terms of Service"). We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time, in accordance with the section headed 'Modifications' below. If we do this, we will post the changes on this page and will indicate at the top of this page the date these terms were last revised. Except as otherwise indicated below, modifications to these Terms of Service will take effect at the next renewal of your subscription term and will automatically apply as of the renewal date, except that changes addressing new functions of the Services or changes made for legal reasons will be effective immediately. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service.

In addition, when using certain services, you will be subject to any additional terms applicable to such services that may be posted on the Service from time to time, including, without limitation, the Privacy Policy located at https://www.moonjot.com/privacy/. All such terms are hereby incorporated by reference into these Terms of Service. In the event of any conflict between these Terms of Service and such additional terms, the additional terms shall prevail.

By using the Services (as defined below) or by clicking to accept the Terms of Service when this option is made available to you, you accept and agree to be bound and abide by these Terms of Service and our Privacy Policy. If you do not want to agree to these Terms of Service or the Privacy Policy, you must not access or use the Services.

I. Service and Modification.

Services Description.

The Service is designed to allow users to control their tools in a free, simple, fast and delightful way. We also offer the following paid for monthly and yearly early believers versions of the Service on a subscription basis: this services will guarantee a life free subscription amount.

Modifications.

Modifications to Service: Moon reserves the right to modify or discontinue, temporarily or permanently, the Service or these Terms of Service (or any part thereof) with or without notice in our sole discretion, including to: (a) reflect changes in applicable laws and regulations; (b) make technical adjustments and improvements, for example, to fix a security threat; and (c) to update or improve the Service. We will notify Users of any material changes that we make of this nature and such changes will take effect at the next renewal of your subscription term and will automatically apply as of the renewal date unless you elect not to renew. Notwithstanding the foregoing, in some cases (e.g., to address compliance with Laws, or as necessary for new features) we may specify that such modifications become effective during your then-current subscription term. If the effective date of such modifications is during your then-current subscription term and you object to the modifications, then (as your exclusive remedy) you may terminate your subscription upon notice to us, and we will refund you any fees you have pre-paid for the terminated portion of the applicable subscription term. To exercise this right, you must provide us with notice of your objection and termination within thirty (30) days of us providing notice of the modifications. For the avoidance of doubt, any provided Services is subject to the version of these Terms in effect at the time of the provision of Services. You agree that Moon will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

Modifications to Pricing: We reserve the right to change the prices for the Service. If Moon does change prices, Moon will provide notice of the change on the Site or in email to you, at Moon’s option, and the change will take effect at the next renewal of your subscription term and will automatically apply as of the renewal date unless you elect not to renew. Your renewal and continued use of the Service after the price change becomes effective constitutes your agreement to pay the changed amount.

II. Registration.

Your Registration Obligations.

You will be required to register with Moon in order to access and use certain features of the Service. If you register for the Service, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Service's registration form. Registration data and certain other information about you are governed by our Privacy Policy. If you are under 13 years of age, you are not authorized to use the Service, with or without registering. In addition, if you are under 18 years of age, you may use the Service, with or without registering, only with the approval of your parent or guardian. Where you register as a Teams User, you are entering into these Terms of Service for and on behalf of the business or organization that you work for and by clicking to accept these Terms of Service as part of the registration process you warrant and represent that you have read, understood and agree to these Terms of Service on behalf of that business or organization and have the authority to legally bind that business or organization to these Terms of Service (and, in which case, the term "you" will refer to that business or organization).

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 Moon 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. Moon will not be liable for any loss or damage arising from your failure to comply with this Section.

III. General Practices and Professional Services.

General Practices Regarding Use and Storage.

You acknowledge that Moon may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on Moon's servers on your behalf. You agree that Moon has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that Moon reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that Moon reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

Professional Services and Support.

We may, but are not obliged to, provide professional services (such as training, implementation or consulting services) or support services in connection with the Services. Such professional services and support services shall be deemed part of the "Services" for the purposes of these Terms and Conditions, and to the fullest extent permitted by law are provided on an 'as is and 'as available' basis without any warranties or conditions of any kind, whether express, implied or statutory and may be withdrawn by us at any time without notice.

IV. User Content.

User Content.

You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials ("User Content") that you upload, post, publish or display (hereinafter, "upload") or email or otherwise use via the Service. The following are examples of the kind of content and/or use that is illegal or prohibited by Moon. Moon reserves the right to investigate and take appropriate legal action against anyone who, in Moon's sole discretion, violates this provision, including without limitation, removing the offending content from the Service, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. You agree to not use the Service to:

• a) email or otherwise upload any User Content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, "junk mail," "spam," "chain letters," "pyramid schemes," "contests," "sweepstakes," or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libellous, invasive of another's privacy, hateful racially, ethnically or otherwise objectionable; or (vii) in the sole judgment of Moon, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose Moon or its users to any harm or liability of any type;
• b) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; or
• c) violate any applicable local, state, national, supranational or international law, or any regulations having the force of law;
• d) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
• e) solicit personal information from anyone under the age of 18;
• f) harvest or collect email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
• g) advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;
• h) further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or
• i) obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service.

License to User Content.

With respect to the User Content (including any materials you upload through the Service or share with other users or recipients), you represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein. By uploading any User Content you hereby grant and will grant Moon and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content in connection with the operation or improvement of the Service or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed.

You acknowledge and agree that Moo may preserve User Content and may also disclose User Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Moon, its users and the public. You understand that the technical processing and transmission of the Service, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

V. Fees.

Payment Plan.

You will be required to select a payment plan to use our Service and provide Moon with information regarding your credit card or other payment instrument. You represent and warrant to Moon that such information is true and that you are authorized to use the payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay Moo the amount that is specified in the payment plan in accordance with the terms of such plan and these Terms of Service. You hereby authorize Moon to bill your payment instrument in advance on a periodic basis in accordance with the terms of the applicable payment plan until you or we terminate your subscription, and you further agree to pay any charges so incurred. Subscriptions will automatically renew at the end of each subscription period (as specified in your payment plan), until the subscription is cancelled or terminated by you or us in accordance with this agreement. You will receive an email prior to the end of the then-current subscription period notifying you that your subscription will be automatically renewed for an additional period. If you dispute any charges, you must let Moon know within sixty (60) days after the date that Moon charges you. Moon may choose to bill through an invoice, in which case, full payment for invoices issued in any given month must be received by Moon thirty (30) days after the mailing date of the invoice, or the Services may be terminated. Unpaid invoices are subject to a finance charge of 1.5% per month on any outstanding balance, or the maximum permitted by law, whichever is lower, plus all expenses of collection. You shall be responsible for all taxes associated with the Services other than taxes based on Moon's net income. All fees payable for the Service are inclusive of all applicable value added or sales taxes. Subject to certain consumer rights to cancel during the cooling off period (as summarised below), all payments are non-refundable and there are no refunds or credits for partially used subscription periods. Payment Processing.

Payment Processing.

Notwithstanding any amounts owed to Moon hereunder, Moon DOES NOT PROCESS PAYMENT FOR ANY SERVICES. To facilitate payment for the Service via bank account, credit card, or debit card, we use Stripe, Inc. and its affiliates ("Stripe"), a third-party payment processor . These payment processing services are provided by Stripe and are subject to the Stripe terms and conditions and other policies available at https://stripe.com/legal and Stripe's Global Privacy Policy available at: https://stripe.com/privacy (collectively, the "Stripe Agreements"). By agreeing to these Terms of Service, users that use the payment functions of the Service also agree to be bound by the Stripe Agreements , as the same may be modified by Stripe from time to time. You hereby authorize Stripe to store and continue billing your specified payment method even after such payment method has expired, to avoid interruptions in payment for your use of the Service. Please contact Stripe for more information. Moon assumes no liability or responsibility for any payments you make through the Service.

VI. Intellectual Property Rights.

Service Content, Software and Trademarks.

You acknowledge and agree that the Service may contain content or features ("Service Content") that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized herein or in the Service, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined above) that you legally upload to the Service. In connection with your use of the Service you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by Moon from accessing the Service (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Service or distributed in connection therewith are the property of Moon, our affiliates and our partners (the "Software"). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Moon.

You will use any Service Content that you access or that is made available to you via the Service solely for your own personal use and in accordance with the provisions of these Terms of Service. You must strictly maintain the confidentiality of all Service Content and must not disclose any such Service Content to any person or third party without our prior written consent, except as otherwise expressly permitted under these Terms of Service or as required by law (in which case you will provide us with prior written notification thereof, will provide us with the opportunity to contest such disclosure, and will use all reasonable endeavours to minimise such disclosure to the extent permitted by applicable law). You must exercise due care in protecting such Service Content from unauthorised use and disclosure, including without limitation by storing all media containing the Service Content in a safe and secure environment. In the event of actual or threatened breach of the provisions of this section, we will, notwithstanding anything in these Terms of Service, be entitled to seek immediate injunctive and other equitable relief in any jurisdiction, without waiving any other rights or remedies available to us, and require you to destroy or return all copies of Service Content in your possession or control. You must promptly notify us if you become aware of any violations of the confidentiality obligations set forth in this clause. To the extent Service Content contains any Personal Data (as defined under Data Protection Law, below), you agree to comply with your data protection obligations as set out under Section VII to this Terms of Service.

The Moon name and logos are trademarks and service marks of Moon (collectively the "Moon Trademarks"). Other Moon, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Moon. Nothing in this Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Moon Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of Moon Trademarks will inure to our exclusive benefit.

Moon's Use of Open Source Software and Third Party Material.

You acknowledge that from time to time Moon may utilize third-party software, such as publicly-distributed software (e.g., third-party software commonly known as "free software" or "open source software" subject to one or more third-party license agreements), or other third-party documentation and information in generating the Services or otherwise providing products or services to you under these Terms. Moon may incorporate such third-party software into the Services or make use of such third-party software in the Services. To the fullest extent permitted by law, under no circumstances will Moon be liable in any way for any content, open source software, or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, open source software, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that Moon does not pre-screen content, but that Moon and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content or open source software that is available via the Service. Without limiting the foregoing, Moon and its designees will have the right to remove any content and open source software that violates these Terms of Service or is deemed by Moon, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.

Copyright Complaints.

Moon respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify Moon of your infringement claim in accordance with the procedure set forth below.

Moon will process and investigate notices of alleged infringement and will take appropriate actions under applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to Moon's Copyright Agent at contact@moonjot.com (Subject line: "Copyright Takedown Request"). You may also contact us by mail at: .

To be effective, the notification must be in writing and contain the following information:

• a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
• b) a description of the copyrighted work or other intellectual property that you claim has been infringed;
• c) a description of where the material that you claim is infringing is located on the Service, with enough detail that we may find it on the Service;
• d) your address, telephone number, and email address;
• e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
• f) a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
• g) Counter-Notice: If your content was removed because of a Copyright Takedown Request, you can submit an appeal. You'll receive instructions about how to appeal in the message we send you.

Repeat Infringer Policy.

Moon has adopted a policy of terminating, in appropriate circumstances and at Moon's sole discretion, users who are deemed to be repeat infringers. Moon may also at its sole discretion limit access to the Service and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

Feedback.

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Service ("Submissions"), provided by you to Moon are non-confidential and Moon will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

VII. Data Protection.

General.

For the purposes of this Section, all capitalized terms have the same meaning given to them in Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (the "EU GDPR") and the EU GDPR as it forms part of the law of England and Wales, Scotland and Northern Ireland by virtue of section 3 of the European Union (Withdrawal) Act 2018 ("UK GDPR") (collectively, the "Data Protection Law"). To the extent that Moon Processes Personal Data as a Processor on your behalf, the parties will comply with the Data Processing Addendum, which is incorporated into these Terms of Service. To the extent you Process, on behalf of Moon, Service Content that constitutes Personal Data, you will do so only as a Processor acting on behalf of Moon. You shall only Process Personal Data on documented instructions of Moon, and are prohibited from Processing Personal Data for any other purpose, unless you are required to do so by United Kingdom ("UK"), European Union ("EU") or EU Member State law to which you are subject, in which case you must inform Moon of that legal requirement before Processing, unless that law prohibits such information on important grounds of public interest. You shall also promptly notify Moon prior to carrying out any instruction from Moon if, in your opinion, such instruction is likely to result in Processing that is in breach of Data Protection Law.

The subject matter, nature and purpose of the Processing is the performance of this Terms of Service, and the Processing will be carried out for the duration of this agreement. Personal Data shall be confined to the following categories of information and following categories of Data Subjects: (a) types of Personal Data include: user id, full name, user name, bio, location, Twitter user name, Github user name, Moon slack community user ID, Moon slack community username, current sign-in IP address, last sign-in IP address, Stripe subscription status, Stripe customer ID, Stripe subscription created date, macOS version and Moon app version; (b) the Data Subjects are Moon users.

Security.

You must keep all Personal Data and all information relating to the Processing thereof, in strict confidence and must ensure that all personnel authorized to Process Personal Data are subject to a contractual or statutory obligation of confidentiality. You will have in place and maintain appropriate technical and organizational measures designed to protect the Personal Data against Personal Data Breaches, in accordance with Data Protection Law. Upon becoming aware of a Personal Data Breach, you shall notify Moon without undue delay and you shall provide all such assistance and information as Moon may require, including to enable Moon to fulfil its data breach reporting obligations under Data Protection Law.

Sub-processing.

You must obtain Moon's specific prior written authorization to engage sub-processors. You must enter into a written agreement with all sub-processors which imposes the same data protection obligations on the sub-processors as this Section VII. If any sub-processor fails to fulfil its obligations under Data Protection Law, or these Terms of Service, you will be fully liable to Moon for the performance of such obligations.

International Data Transfers.

You must obtain Moon's specific prior written authorization to transfer Personal Data outside of the EU or the UK. To the extent required under Data Protection Law for the transfer of Personal Data from Moon to you, Moon and you enter into Module 2 (Controller to Processor) of the clauses annexed to the EU Commission Implementing Decision 2021/914 of June 4, 2021 on standard contractual clauses for the transfer of personal data to third countries pursuant to Regulation (EU) 2016/679 of the European Parliament and of the Council, and available at https://eur-lex.europa.eu/eli/dec_impl/2021/914/oj ("Standard Contractual Clauses"), which are hereby incorporated by reference and completed as follows: the "data exporter" is Moon; the "data importer" is you; the optional docking clause in Clause 7 is not implemented; Clause 9(a) option 1 is implemented and the time period therein is specified as thirty 30 days; the optional redress clause in Clause 11(a) is struck; Clause 17 option 1 is implemented and the governing law is the law of Ireland; the court in Clause 18(b) are the Courts of Ireland; for the purposes of Annex 1 of the Standard Contractual Clauses: the activities relevant to the Personal Data transferred are as set forth in the Terms of Service; Moon's contact details are available on request; the description of Personal Data transferred are as set forth in the Terms of Service; the frequency of transfers of Personal Data will be occasional through the services; the competent Supervisory Authority will be the Dutch supervisory authority (the "Autoriteit Persoonsgegevens"). On request, you will provide the contact information and security information required under Annexes 1 and 2 of the Standard Contractual Clauses to Moon. To the extent required under the UK GDPR for the transfer of Personal Data from Moon to you, Moon and you enter into the International Data Transfer Addendum to the Standard Contractual Clauses issued by the UK Information Commissioner's Office, in force as of 21 March 2022, available at international-data-transfer-addendum.pdf (ico.org.uk) ("UK Addendum") which will be appended to the Standard Contractual Clauses and is hereby incorporated by reference. The UK Addendum is completed in the same way as the Standard Contractual Clauses, with information as set forth in this Terms of Service. The exporter may end the UK Addendum as set out in section 19 of the UK Addendum.

Assistance.

You must assist Moon, including by implementing appropriate technical and organizational measures, with the fulfilment of Moon's own obligations under Data Protection Law, including: (i) complying with Data Subjects' requests to exercise rights under Data Protection Law; (ii) conducting data protection impact assessments, and prior consultations with Supervisory Authorities; and (iii) notifying Personal Data Breaches.

Audit.

You shall make available to Moon all information necessary to demonstrate compliance with your obligations under Data Protection Law and this Section VII and allow for and contribute to audits, including inspections conducted by a Supervisory Authority, Moon or another auditor mandated by Moon, upon reasonable request.

Term and Duration of Processing.

Upon termination or expiry of this agreement, you shall, at the choice of Moon, immediately delete or return to Moon all Personal Data (including copies) in your possession or control, unless and only to the extent that you are required by any applicable Data Protection Law to retain some or all of the Personal Data and then only for that limited purpose.

VIII. Generative AI.

Ownership of Input and Generated Output.

Certain features of the Service permit you to provide prompts, scripts, queries or other input (collectively, "Input") to the Service in order to receive artificial intelligence (AI)-generated output generated and returned by OpenAI based on such Input ("Output"). You will comply with all OpenAI terms, conditions, guidelines and policies applicable to the use of the Service, including the OpenAI Terms of Use (https://openai.com/policies/terms-of-use), the OpenAI Usage Policies (https://openai.com/policies/usage-policies) and any terms, conditions or policies applicable to the OpenAI APIs. As between you and us, and to the extent permitted by applicable law, you own all Input and, subject to your compliance with these Terms of Service and solely to the extent we obtain any ownership in any copyrights in your Output, we hereby assign to you our ownership interest in such copyrights to your Output. You are responsible for all Input and Output, including for ensuring that it does not violate any applicable law or these Terms of Service.

Similarity of Output.

Due to the automated content generation, Output may not be unique across users and the Service may generate the same or similar output for you, Moon or a third party. Other users may also provide similar Input and receive the same or similar Output. Responses that are requested by and generated for other users are not considered your Output. You hereby irrevocably release, acquit and forever discharge, and agree not to sue, Moon or any of its affiliates, or any of their employees, officers, directors or representatives with respect to any liability for direct or indirect copyright, trademark or other infringement, misappropriation or violation of any rights with respect to the Output.

Accuracy.

Use of the Service may in some situations result in incorrect Output that does not accurately reflect real people, places or facts. You agree to evaluate and be responsible for the accuracy of any Output as appropriate for your use case.

Limitations of AI-Generated Output.

You acknowledge and agree that, in addition to the limitations and restrictions set forth in these Terms of Service, there are numerous limitations that apply with respect to artificial intelligence (AI)-generated Output due to the fact that it is automatically generated, including that (a) it may contain errors or misleading information, (b) AI systems are based on predefined rules and algorithms that lack the ability to think creatively and come up with new ideas and can result in repetitive or formulaic content, (c) AI systems can struggle with understanding the nuances of language, including slang, idioms, and cultural references, which can result in Output that is out of context or does not make sense, (d) AI systems do not have emotions and cannot understand or convey emotions in the way humans can, which can result in Output that lacks the empathy and emotion that humans are able to convey, (e) AI systems can perpetuate biases that are present in the data used to train them, which can result in Output that is discriminatory or offensive, (f) AI systems can struggle with complex tasks that require reasoning, judgment and decision-making, (g) AI systems require large amounts of data to train and generate content, and the data used to train AI systems may be of poor quality or biased, which will negatively impact the accuracy and quality of the generated Output, and (h) AI-generated Output can lack the personal touch that comes with content created by humans, which can make it seem cold and impersonal.

IX. Indemnity and Liability; Disclaimers.

Indemnity and Release.

To the extent permitted under applicable law, you agree to release, indemnify and hold Moon and its affiliates and their officers, employees, directors and agents (collectively, "Indemnitees") harmless from any and all losses, damages, expenses, including reasonable attorneys' fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Service, any User Content, your connection to the Service, your violation of these Terms of Service or your violation of any rights of another. Notwithstanding the foregoing, you will have no obligation to indemnify or hold harmless any Indemnitee from or against any liability, losses, damages or expenses incurred as a result of any action or inaction of such Indemnitee. If you are a consumer and a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." If you are a consumer and a resident of another jurisdiction, to the extent permitted by applicable law, you waive any comparable statute or doctrine.

Disclaimer of Warranties.

Your use of the Service is at your sole risk. To the fullest extent permitted by law, the Service is provided on an "as is" and "as available" basis and Moon expressly disclaims all warranties, representations and conditions of any kind, whether express, implied or statutory, including, but not limited to the implied warranties and conditions of merchantability, satisfactory quality, fitness for a particular purpose, title and non-infringement. Except to the extent required by applicable law, Moon makes no warranty that (i) the Service will meet your requirements, (ii) the Service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Service will be accurate or reliable, or (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations.

To the maximum extent permitted by applicable law, Moon, its officers, employees and personnel: (i) make no warranty, condition or representation in relation to Output, whether in regards to its uniqueness, accuracy, originality, suitability, title, non-infringement or otherwise; (ii) accept no responsibility or liability for any consequences arising from your use of Output, including without limitation any claim for plagiarism, infringement, royalties or otherwise; and (iii) have no liability (including without limitation under negligence) for any loss or damage (whether direct, indirect or otherwise) that you may suffer or incur in connection with your use of Output.

Limitation of Liability.

You expressly understand and agree that Moon will not be liable for (a) any indirect, incidental, special or consequential losses, or (b) direct or indirect loss of profits loss of goodwill, use or data (even if Moon has been advised of the possibility of such loss), whether based on contract, tort, negligence, strict liability or otherwise, resulting from: (i) the use or the inability to use the Service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the Service; or (v) any other matter relating to the Service. In no event will Moon's total liability to you, whether based on contract, tort, negligence, strict liability or otherwise for all damages, losses or causes of action exceed the amount you have paid Moon in the last six (6) months, or, if greater, one hundred dollars ($100).

Some jurisdictions do not allow the disclaimer or exclusion of certain warranties or the limitation or exclusion of liability for certain losses in contracts with consumers. Nothing in these Terms of Service will in any way exclude or limit Moon's liability to you for any matter for which it would be illegal to exclude or attempt to exclude its liability. Accordingly, some of the limitations set forth above may not apply to you or be enforceable with respect to you if you are a consumer. If you are dissatisfied with any portion of the Service or with these Terms of Service, your sole and exclusive remedy is to discontinue use of the Service. Nothing in these Terms of Service affects any statutory rights you have if you are a consumer.

IF YOU ARE A USER FROM NEW JERSEY, THE FOREGOING SECTIONS TITLED "INDEMNITY AND RELEASE", "DISCLAIMER OF WARRANTIES" AND "LIMITATION OF LIABILITY" ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION WILL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.

You agree that you are solely responsible for your interactions with any other user in connection with the Service and Moon will have no liability or responsibility with respect thereto. Moon reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service.

X. Termination and Cancellation.

Termination.

If you are a user of a premium Service, you agree that Moon, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service if Moon believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities. Moon may also terminate your account and your access to or use of the Service if it discontinues providing the Service. If Moon discontinues providing the Service without cause, we will refund you any amounts you have paid in respect of a period of your subscription to the Service occurring after the date we terminate the Service or your access to it.

If you are a user of the free Service, you agree that Moon may also, in its sole discretion and at any time, terminate your access to or use of the Service, discontinue providing the Service, or any part thereof, or may remove and discard any content within the Service, with or without notice.

Where reasonably possible, you will be advised on the termination of your access to the Service under any provision of this Terms of Service. Upon such termination of your access to the Service, you acknowledge and agree that Moon may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Moon will not be liable to you or any third party for any termination of your access to the Service.

If you are a user of a premium Service, you may terminate your subscription to such premium Service at the end of each subscription period (as specified in your payment plan) by giving Moon notice within (10) days' notice following receipt of the renewal notice referred to in the section titled 'Payment Plan' above.

European Consumer Cancellation Rights.

If you are a consumer in the United Kingdom or the European Union, you have a right to change your mind and cancel your subscription to a service in certain circumstances. If you wish to exercise this right of cancellation, you must inform us of your decision within 14 days after the date on which you purchase your subscription to service ("Cooling Off Period"). Please use the Cancellation Form or contact us. You acknowledge and agree that by purchasing a subscription to a service you are requesting that we provide service to you during the Cooling Off Period and that if you decide to cancel your subscription, you may still be charged for the period of time during which service was supplied to you until we are informed of your decision.

XI. Third Party Websites.

The Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. Moon has no control over such sites and resources and Moon is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that to the fullest extent permitted by law, Moon will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that Moon is not liable for any loss or claim that you may have against any such third party.

XII. Special Notice for International Use; Export Controls.

Software available in connection with the Service and the transmission of applicable data, if any, is subject to national export controls. No Software may be downloaded from the Service or otherwise exported or re-exported in violation of applicable export control laws. Downloading or using the Software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Service, including as it concerns online conduct and acceptable content.

XIII. General.

These Terms of Service constitute the entire agreement between you and Moon and govern your use of the Service, superseding any prior agreements between you and Moon with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use affiliate or third party services, third party content or third party software. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by us or on our behalf which is not set out in these Terms of Service and that you have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement these Terms of Service. The failure of Moon to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign these Terms of Service without the prior written consent of Moon, but Moon may assign or transfer these Terms of Service, in whole or in part, without restriction. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Service may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Service. Any words following the terms "including", "include", "in particular", "for example" or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.

XIV. Governing Law and Jurisdiction.

(a) Subject to paragraph (b) below, these Terms or Service (and any non-contractual obligations arising out of or in connection with them and any claim or dispute in relation to their formation) shall be governed by and interpreted in accordance with European law and you and we submit to the exclusive jurisdiction of the European courts.

(b) If you are a consumer and habitually reside in the United Kingdom or a Member State of the European Union, the laws of the territory in which you reside will apply to any claim, cause of action or dispute that you have against us, which arises out of or relates to these Terms of Service ("claim"), and you may resolve your claim in any competent court in that territory that has jurisdiction over the claim.

Questions? Concerns? Suggestions?

To report any violations of these Terms of Service or to pose any questions regarding this Terms of Service or the Service please contact us at:

Email: contact@moonjot.com

Address: