Please read these Terms of Use ("Terms") carefully before using the Moon AI mobile application (the "App" or "Service") operated by Moon AI Inc. ("Company", "we", "us", or "our").
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who wish to access or use the Service.
By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the Terms, then you do not have permission to access the Service.
You must be at least 13 years old to use the Service. If you are under the age of 18, you must have your parent or legal guardian's permission to use the Service, and they must agree to these Terms on your behalf. By using the Service, you represent and warrant that you meet these eligibility requirements.
Subject to your compliance with these Terms, the Company grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use the App on a single mobile device that you own or control solely for your personal, non-commercial purposes, unless otherwise permitted under specific subscription terms (if applicable).
You may need to register for an account to access certain features, especially subscription-based services. You agree to:
You agree not to use the Service for any purpose that is illegal or prohibited by these Terms. You agree not to:
We reserve the right to investigate and take appropriate legal action against anyone who, in our 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 law enforcement authorities.
You retain ownership of the original photos, videos, audio, and text prompts you upload ("User Content").
By uploading User Content, you grant the Company a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, modify, adapt, publicly perform, publicly display, and otherwise process your User Content solely for the limited purpose of operating, developing, providing, and improving the Service, including generating the output you request and troubleshooting. This license ends when your User Content is deleted from our systems as described in our Privacy Policy.
You represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to your User Content and to grant the license set forth herein, and that your User Content does not violate any laws or infringe upon the rights of any third party.
Subject to your compliance with these Terms and any applicable subscription requirements, the Company grants you a worldwide, non-exclusive, royalty-free license to use the specific Generated Content created by you through the Service for your personal or commercial purposes (unless restricted by specific subscription tiers). You acknowledge that Generated Content is created by AI models and may sometimes be inaccurate, offensive, or similar to content generated for other users. You use Generated Content at your own risk. The Company retains all rights to the underlying Service, technology, and AI models used to create the Generated Content. This license to Generated Content does not grant you any rights to the underlying User Content submitted by others.
We have the right (but not the obligation) to monitor and remove any User Content or Generated Content that we deem, in our sole discretion, to violate these Terms or be otherwise objectionable.
The Service and its original content (excluding User Content provided by users), features, functionality, look and feel, and underlying technology (including the AI models as integrated into the Service) are and will remain the exclusive property of Moon AI Inc. and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company. You may not copy, modify, distribute, sell, or lease any part of our Service or included software.
Certain features of the Service may require a paid subscription ("Subscription"). Subscriptions may be offered on a monthly or annual basis. Details of Subscription plans, features, and pricing will be provided within the App.
Subscriptions are billed in advance on a recurring basis. You will be billed automatically at the start of each billing cycle (e.g., monthly or annually) through the payment method linked to your App Store account (e.g., Apple App Store, Google Play Store) or any other method specified.
Your Subscription will automatically renew under the same conditions unless you cancel it or the Company cancels it. You can cancel your Subscription renewal through your App Store account settings or as otherwise provided in the App. Cancellation will take effect at the end of the current billing period.
The Company reserves the right to modify Subscription fees at any time. Any fee change will become effective at the end of the then-current billing cycle, and we will provide you with reasonable prior notice.
Due to the significant computational costs associated with generating content using our underlying AI models, subscription fees are generally non-refundable once you have used the service to generate any content (such as creating a video, applying an effect, using the lipsync feature, generating text-to-video, etc.) during your subscription period. If you purchase a subscription and do not generate any content using the App's AI features, you may be eligible for a refund subject to the terms of the app store through which you purchased the subscription or applicable consumer protection laws. However, upon the first instance of content generation after your subscription purchase, the subscription fee for that period becomes non-refundable. We reserve the right to issue refunds or credits at our sole discretion or as required by applicable law. By purchasing a Subscription and generating content, you acknowledge and agree to this refund policy.
The Service integrates and relies on third-party services, including cloud hosting providers (e.g., Google Cloud), analytics providers (e.g., Firebase), and various third-party AI models for its core functionality. Your use of these features may be subject to the terms and privacy policies of these third parties. We do not control and are not responsible for the practices, content, or availability of these third-party services or models. You acknowledge that the performance and output of AI models can be unpredictable and may vary. You use these integrated third-party services and AI features at your own risk.
Your use of the Service is also governed by our Privacy Policy, which describes how we collect, use, and disclose information about you. By using the Service, you consent to the data practices described in the Privacy Policy.
The Service, including all content and Generated Content, is provided on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, the Company and its affiliates, licensors, and suppliers disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, accuracy, and non-infringement.
The Company does not warrant that the Service will be uninterrupted, error-free, secure, or free of viruses or other harmful components; nor does it make any warranty as to the results that may be obtained from use of the Service, or as to the accuracy, reliability, or content of any information, service, or Generated Content provided through the Service. You expressly agree that your use of the Service and reliance on any Generated Content is at your sole risk.
To the fullest extent permitted by applicable law, in no event shall the Company, its affiliates, directors, employees, agents, suppliers, or licensors be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including without limitation, damages for loss of profits, revenue, goodwill, use, data, or other intangible losses, arising out of or relating to your access to or use of, or your inability to access or use, the Service or any content or Generated Content, whether based on warranty, contract, tort (including negligence), statute, or any other legal theory, and whether or not the Company has been informed of the possibility of such damage.
In no event shall the aggregate liability of the Company for all claims relating to the Service exceed the greater of one hundred U.S. dollars (USD $100) or the amounts paid by you to the Company for use of the Service in the six (6) months prior to the event giving rise to the claim.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Service, including, but not limited to, your User Content, any use of the Service's Generated Content other than as expressly authorized in these Terms, or your use of any information obtained from the Service.
These Terms will remain in full force and effect while you use the Service. We may suspend or terminate your access to the Service, including your account, at any time, for any reason or no reason, in our sole discretion, including for any breach of these Terms, without prior notice or liability.
You may terminate these Terms by discontinuing use of the App and deleting it from your device.
Upon termination, your right to use the Service will immediately cease. Provisions that by their nature should survive termination shall survive, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
These Terms shall be governed and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.
You agree that any legal suit, action, or proceeding arising out of or related to these Terms or the Service shall be instituted exclusively in the federal courts of the United States or the courts of the State of Delaware located in Wilmington. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days notice prior to any new terms taking effect, unless immediate changes are required by law or to protect our Services or other users. Notification may be provided through email or through the Service interface. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
Entire Agreement: These Terms and our Privacy Policy constitute the entire agreement between You and the Company regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
Severability: If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
Waiver: No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and the Company's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
If any of these Terms of Use are deemed invalid, that Term will be limited or eliminated to the minimum extent necessary, and the remaining Terms of Use will remain in full force and effect. If we fail to enforce any part of these Terms of Use, it will not be considered a waiver.
If you have any questions about these Terms, please contact us at: support@moonai.com. You can also find more information at www.moonai.com.