End-User License Agreement

1. Scope of License

We grant you a personal, limited, revocable, non-exclusive, non-transferable license to use the Software for your own personal wellness purposes. This license is limited to use of the Software on any Apple-branded products that you own or control, and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions, except that the Software may be accessed and used by other accounts associated with you via Family Sharing or volume purchasing.

You may not: copy, modify, distribute, sublicense, rent, or resell the Software; reverse-engineer or attempt to derive source code or underlying AI models (except as permitted by law); circumvent security or licensing controls; use the Software for medical or clinical treatment; or use it to build a competing product.

2. Eligibility and Accounts

You must be at least 18 years of age. You are responsible for your account credentials and activity. We may suspend or terminate your account for breach of this EULA or applicable law.

3. Intellectual Property Rights

All rights in the Software, including AI algorithms, design, code, and trademarks, remain with NinthMoon or its licensors. This EULA grants only a limited license.

In the event of any third-party claim that the Software or your possession and use of the Software infringes that third party’s intellectual property rights, NinthMoon, not Apple or Google, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.

4. AI Features, Safety, Data, and Privacy

• Processing by Third Parties: Nimo is powered by the OpenAI API; your messages and relevant profile/health context are transmitted to OpenAI (API business terms; no model training). Your chat/journal text may be analyzed by Google Cloud Natural Language for safety signals, and voice features use Google Speech-to-Text/Text-to-Speech. See our Privacy Policy and AI Usage Policy.
• Storage: We store your conversations with Nimo, the memory summaries we generate to personalize support, and content you post in community features, as described in our Privacy Policy. We do not store files you upload to Nimo. Conversations and journal text may also be analyzed for safety signals and, if flagged, reviewed and escalated.
• Consent: You consent to the collection, use, and disclosure of information as set out in our Privacy Policy, including the in-app consent obtained before Nimo processes your messages.
• Not Medical Care: The Software is a self-help wellness tool and does not diagnose, treat, or cure any condition.
• AI and User-Generated Content Safeguards: The Software allows users to generate text and interact with AI outputs. You are strictly prohibited from utilizing the Software to generate, upload, or transmit content that is defamatory, offensive, harassing, illegal, or sexually explicit. NinthMoon filters safety signals, and we reserve the right to remove objectionable content and immediately terminate or block users who violate these content safety guidelines within 24 hours of notification.

5. Maintenance and Support

NinthMoon is solely responsible for providing any maintenance and support services with respect to the Software, as specified in this EULA or as required under applicable law. You and NinthMoon acknowledge that Apple or Google has no obligation whatsoever to furnish any maintenance and support services with respect to the Software.

6. Disclaimer of Warranties

The Software is provided “AS IS” and “AS AVAILABLE,” without warranties of any kind, including merchantability, fitness for a particular purpose, accuracy, or non-infringement. It is not a substitute for professional medical or psychological care.

In the event of any failure of the Software to conform to any applicable warranty, you may notify Apple or Google as applicable, and they will refund the purchase price for the Software to you. To the maximum extent permitted by applicable law, Apple or Google will have no other warranty obligation whatsoever with respect to the Software, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be NinthMoon’s sole responsibility.

7. Product Claims

You and NinthMoon acknowledge that NinthMoon, not Apple or Google, is responsible for addressing any claims by you or any third party relating to the Software or your possession and/or use of the Software, including, but not limited to:

• Product liability claims;
• Any claim that the Software fails to conform to any applicable legal or regulatory requirement; and
• Claims arising under consumer protection, privacy, or similar legislation.

8. Legal Compliance

You represent and warrant that:

• You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and
• You are not listed on any U.S. Government list of prohibited or restricted parties.

9. Limitation of Liability

To the maximum extent permitted by law, NinthMoon is not liable for indirect, incidental, special, consequential, or punitive damages. Our total liability will not exceed the greater of the amount you paid in the prior 12 months or USD $100. Some jurisdictions do not permit certain limitations; in those cases our liability is limited as far as permissible.

10. Indemnification

You agree to indemnify NinthMoon against claims arising from your breach of this EULA, your misuse of the Software, or your violation of law or third-party rights.

11. Term and Termination

This EULA is effective until terminated. Your rights end automatically if you breach it. On termination, you must stop using the Software. Sections 3 to 13 survive termination.

12. Third-Party Terms of Agreement and Beneficiaries

• Third-Party Terms: You must comply with applicable third-party terms of agreement when using the Software (e.g., you must not violate your wireless data service agreement or internet service provider agreement when utilizing the application).
• Third-Party Beneficiary: You and NinthMoon acknowledge and agree that Apple or Google, and its subsidiaries, are third-party beneficiaries of this EULA, and that, upon your acceptance of the terms and conditions of this EULA, Apple or Google, as may be applicable, will have the right (and will be deemed to have accepted the right) to enforce the EULA against you as a third-party beneficiary thereof.

13. Governing Law; Arbitration; Class Waiver

This EULA is governed by the laws of the State of Delaware. Disputes are resolved by binding individual arbitration under the AAA rules, with a class-action waiver, except where prohibited. You may opt out of arbitration within 30 days of first acceptance by emailing legal@ninthmoon.ai.

14. Consumer Rights and Severability

Nothing in this EULA limits non-excludable statutory consumer rights you may have. If any provision of this EULA is held to be unenforceable, the remaining provisions will remain in full force and effect. This document, alongside our Privacy Policy and Terms of Service, constitutes the entire agreement regarding the Software.

Contact Information

Email: legal@ninthmoon.ai
Address: NinthMoon AI LLC, 8 The Green, Ste A, Dover, DE 19901