End-User License Agreement

1. Grant of License

Subject to your compliance with this EULA and applicable law:

• License: NinthMoon.AI grants you a personal, limited, revocable, non-exclusive, non-transferable, non-sublicensable license to download, install, and use the Software solely for your own internal, personal wellness purposes.
• Restrictions: You may not, and may not permit any third party to: copy, modify, distribute, sublicense, rent, lease, resell, or transfer the Software; decompile, reverse-engineer, disassemble, or attempt to derive source code, algorithms, or underlying AI models, except as required by mandatory law; circumvent or disable any security, licensing, or technological controls; use the Software for medical, psychiatric, or clinical treatment, or in any manner inconsistent with this EULA; or exploit the Software for competitive purposes, including developing similar or derivative services.

2. Account and Access

• Eligibility: You must be at least 18 years of age to use the Software.
• Credentials: You are responsible for maintaining the confidentiality of your account credentials. Any activity conducted through your account will be deemed to be authorized by you.
• Suspension / Termination: NinthMoon may suspend or terminate your account or access immediately and without prior notice if you breach this EULA or applicable law.

3. Ownership and Intellectual Property

All intellectual property rights in the Software, including AI algorithms, design, code, databases, user interface, documentation, and trademarks, are and shall remain the exclusive property of NinthMoon.AI or its licensors.

This EULA does not convey to you any ownership interest; only a limited license is granted.

You may not remove, obscure, or alter copyright notices, trademarks, or proprietary legends.

4. Updates and Modifications

NinthMoon.AI may, at its sole discretion, provide patches, updates, upgrades, enhancements, or new versions of the Software.

Such updates are subject to this EULA unless accompanied by additional terms.

NinthMoon.AI reserves the right to modify or discontinue features without liability.

5. Data Collection, Privacy, and Processing

• Personal Data: By using the Software, you consent to our collection, storage, use, and disclosure of information in accordance with its Privacy Policy.
• Wellness Data: Journals, prompts, emotional tracking, or other inputs you provide may be processed by AI models to deliver personalized insights. Some may be anonymized and used for product improvement.
• Sensitive Data: NinthMoon.AI does not provide medical or psychiatric advice. The Software is a self-help wellness tool and is not intended to diagnose, treat, or cure any condition.

6. Disclaimer of Warranties

To the fullest extent permitted by law:

• The Software is provided "AS IS" and "AS AVAILABLE", without warranties of any kind, whether express, implied, or statutory.
• NinthMoon.AI expressly disclaims all warranties, including but not limited to: fitness for a particular purpose; merchantability; accuracy, reliability, or availability of results; non-infringement; and that the Software will be uninterrupted, error-free, secure, or free of viruses.
• You acknowledge that the Software is not a substitute for professional medical, psychological, or psychiatric care, and you are solely responsible for seeking such care when required.

7. Limitation of Liability

To the maximum extent permitted by law:

• NinthMoon.AI and its affiliates, licensors, and contractors shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to: loss of profits, goodwill, data, business opportunities, emotional distress, or personal injury, arising out of or related to your use of the Software.
• NinthMoon.AI's total cumulative liability for all claims shall not exceed the greater of: (a) the total amount you paid for the Software in the twelve (12) months preceding the claim, or (b) USD $10.
• Some jurisdictions do not permit limitations on certain liabilities; in such cases, our liability shall be limited as permissible by law.

8. Indemnification

You agree to indemnify, defend, and hold harmless NinthMoon.AI, its affiliates, officers, employees, licensors, and contractors from and against any claims, damages, losses, liabilities, costs, or expenses (including reasonable legal fees) arising out of:

• Your breach of this EULA;
• Your misuse of the Software;
• Your violation of applicable laws or third-party rights.

9. Transfer and Assignment

You may not assign, sublicense, or transfer your rights or obligations under this EULA without our prior written consent.

Any attempted assignment in violation of this section shall be void. NinthMoon.AI may assign or transfer this EULA without restriction.

10. Term and Termination

This EULA remains effective until terminated.

Your rights under this EULA will automatically terminate without notice if you fail to comply with its terms.

Upon termination, you must immediately cease using the Software and destroy all material in your possession.

Sections 3, 5–11 survive termination.

11. Governing Law and Dispute Resolution

This EULA shall be governed by and construed under the laws of California, USA, excluding conflict of law rules.

Any dispute shall be resolved exclusively through binding arbitration under the rules of the American Arbitration Association (AAA), unless otherwise prohibited by consumer protection law.

You waive the right to participate in class actions or class-wide arbitration.

12. Entire Agreement

This EULA, along with the Privacy Policy and Terms of Service, constitutes the entire agreement between you and NinthMoon.AI regarding the Software, superseding all prior communications. If any provision is deemed unenforceable, the remaining provisions shall remain valid.

13. Consumer Rights

Nothing in this EULA affects non-excludable statutory consumer rights that you may have under applicable law.

Contact Information

Email: legal@ninthmoon.ai
Address: NinthMoon.AI, 8 THE GREEN STE A DOVER DE 19901