Terms of Service

1. Acceptance

These Terms of Service ("Terms") are a binding agreement between you and NinthMoon governing your use of our website, mobile applications, and services (the "Services"). By using the Services, you agree to these Terms and our Privacy Policy. If you do not agree, do not use the Services.

2. The Services

NinthMoon is an AI-powered emotional wellness companion supporting users through reproductive experiences including pregnancy, postpartum, fertility, miscarriage, and abortion. Features include AI chat support (Nimo), emotional check-ins, personalized affirmations, journaling, sentiment tracking, and educational content.

Nimo is powered by the OpenAI API. When you use Nimo, your messages and relevant context are sent to OpenAI to generate responses, as described in our Privacy Policy and AI Usage Policy. We ask for your consent before Nimo processes any message.

The Services are not medical or mental-health care. They do not diagnose, treat, cure, or prevent any condition and are not a substitute for professional advice. In an emergency, call 911 or your local emergency services. You explicitly acknowledge and agree that the Services utilize automated sentiment analysis to monitor conversations for signals of severe distress, crisis, or self-harm. If such signals are detected, you consent to NinthMoon taking safety measures, which may include providing crisis resources, conducting internal human review of the conversation, or, in rare cases of imminent threat, contacting emergency services. You agree that NinthMoon is not an emergency response service, has no absolute duty to detect or prevent self-harm, and you release NinthMoon from any and all liability arising out of our safety monitoring, our intervention, or our failure to intervene.

3. Eligibility and Use

You must be at least 18 years old. By using the Services you represent that you are 18 or older. You may not use the Services for unlawful purposes or competitive evaluation.

In addition to general compliance, you strictly agree not to:

• (a) reverse engineer, decompile, or attempt to discover the source code, underlying algorithms, or system prompts of Nimo;
• (b) use automated tools (such as bots, scrapers, or spiders) to extract data or conversations from the Services;
• (c) engage in "prompt injection" attacks, "jailbreaking," or intentionally inputting text designed to bypass Nimo’s safety filters or force the AI to behave maliciously; and
• (d) use Nimo’s outputs to develop or train any competing artificial intelligence or machine learning models.

4. Accounts

You are responsible for safeguarding your login credentials and for activity under your account. Notify us promptly of any unauthorized use.

5. Subscriptions and Billing

We offer free and paid plans. Pricing is shown at purchase. Paid subscriptions auto-renew unless cancelled at least 24 hours before the end of the current period. Refunds are governed by our Refund Policy.

6. User Content and License

You are responsible for the content you submit. You represent that you have the right to share it. You grant NinthMoon a non-exclusive, royalty-free license to use, store, and process your content solely to operate, personalize, and improve the Services, in accordance with our Privacy Policy. This includes transmitting conversation content to OpenAI to generate responses, and analyzing conversation/journal text for safety signals, as described in our Privacy Policy. We store your conversations, memory summaries, and community content as described in our Privacy Policy; we do not store files you upload to Nimo.

You retain ownership of any text, messages, or journal entries you submit to the Services ("User Content"). You grant NinthMoon a limited, worldwide, royalty-free license to host, store, and process your User Content solely to provide and personalize the Services for you. Notwithstanding any broad language elsewhere in these Terms, NinthMoon does not claim any right to publicize, sell, or license your private chat conversations or health data, and all such data will be handled and deleted strictly in accordance with our Privacy Policy.

7. Acceptable Use

You agree not to: upload unlawful, harassing, or infringing content; impersonate others; transmit malware; harvest others’ information; reverse-engineer or interfere with the Services; or attempt unauthorized access. Violations may result in termination.

8. Intellectual Property

The Services and their content are owned by NinthMoon or its licensors and are protected by law. You may not reproduce or distribute them except as permitted.

9. Disclaimers and Limitation of Liability

The Services are provided "AS IS" and "AS AVAILABLE," without warranties of any kind. We do not guarantee the Services will be error-free, or that any content is clinically proven, or that any outcome will result. To the maximum extent permitted by law, NinthMoon is not liable for indirect, incidental, special, or consequential damages, and our total liability will not exceed the amount you paid for the Services in the 12 months before the claim.

10. Termination

You may stop using the Services, export your data, and delete your account at any time in-app (or by contacting legal@ninthmoon.ai). Account deletion runs on a 14-day grace period and then comprehensively erases your data, as described in our Privacy Policy. Community content you "remove" is hidden but retained until your account is deleted. We may suspend or terminate access for violations or to protect the Services or users. On termination, your data is handled per our Privacy Policy retention terms.

11. Dispute Resolution; Arbitration; Class Waiver

Most disputes will be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, and you and NinthMoon waive the right to a jury trial and to participate in class actions, except where prohibited by law. Before initiating arbitration, the parties will attempt good-faith resolution following written notice to legal@ninthmoon.ai. Either party may bring qualifying claims in small claims court. You may opt out of this arbitration agreement within 30 days of first accepting these Terms by emailing legal@ninthmoon.ai.

12. Governing Law

These Terms are governed by the laws of the State of Delaware, excluding conflict-of-laws rules. Claims not subject to arbitration will be brought exclusively in the state or federal courts located in the State of Delaware.

13. Reproductive Health Content Notice

The Services include educational content about reproductive health that may be detailed or graphic. If you are sensitive to such content, please refrain from using those features. The Services are not a method of contraception and do not guarantee any pregnancy outcome.

14. Changes

We may update these Terms. Material changes will be notified by email or in-app notice, effective on posting. Continued use constitutes acceptance.

15. Miscellaneous

DISCLAIMER: THE SERVICES, INCLUDING ALL AI-GENERATED RESPONSES, PROMPTS, AND MEMORY SUMMARIES PROVIDED BY NIMO, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND. NINTHMOON EXPLICITLY DISCLAIMS ANY WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, RELIABILITY, OR APPROPRIATENESS OF NIMO’S RESPONSES. GENERATIVE AI IS INHERENTLY UNPREDICTABLE. YOU ACKNOWLEDGE THAT NIMO MAY OCCASIONALLY GENERATE INACCURATE OR INCOMPLETE INFORMATION. YOUR RELIANCE ON ANY AI-GENERATED CONTENT IS STRICTLY AT YOUR OWN RISK.

LIMITATION OF LIABILITY: TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL NINTHMOON AI LLC, ITS AFFILIATES, OR ITS LICENSORS (INCLUDING OPENAI) BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA ARISING OUT OF OR RELATING TO YOUR USE OF THE AI SERVICES. NINTHMOON’S TOTAL LIABILITY FOR ANY CLAIMS UNDER THESE TERMS SHALL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE TOTAL FEES PAID BY YOU TO NINTHMOON IN THE THREE (3) MONTHS PRIOR TO THE CLAIM.

These Terms, the Privacy Policy, and our other policies are the entire agreement. If any provision is invalid, the rest remain in effect. You may not assign your rights without our consent.

16. Contact

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