MoonCycle Terms of Use
Contents
- 1. Accepting these Terms
- 2. Who can use MoonCycle
- 3. Your licence to use the app
- 4. Health: what MoonCycle is and is not
- 5. Astrology, numerology, Human Design, BaZi and the birth moon
- 6. AI features
- 7. Your content and your data
- 8. Sharing with a partner
- 9. Subscriptions, free trials and promo codes
- 9b. Plus for life: a one-time purchase
- 10. Acceptable use
- 11. Third-party services
- 12. Our intellectual property
- 13. Changes to the app and to these Terms
- 14. Termination
- 15. Disclaimer of warranties
- 16. Limitation of liability
- 17. Indemnity
- 18. Disputes in the United States: arbitration and class action waiver
- 19. Governing law
- 20. Apple App Store terms
- 21. Google Play
- 22. Notice for California users
- 23. General
- 24. Contact
Effective date: 2026-10-22
These Terms are a contract between you and Fittcoaching LLC, a Washington limited liability company ("Fittcoaching", "we", "us"). We publish the MoonCycle app. Please read them before you use the app.
The short version.
- MoonCycle is not a medical device, not contraception and not a diagnosis. Do not use it to prevent pregnancy.
- Astrology, numerology, Human Design, BaZi and the birth moon are for reflection and entertainment.
- AI-written text can be wrong. The AI is not a person, a doctor or a therapist.
- MoonCycle Plus is sold as a subscription that renews automatically until you cancel. Section 9 explains the price, the reminders and how to cancel. You can also buy it once as Plus for life, which never renews and lasts for as long as MoonCycle offers MoonCycle Plus (section 9b).
- Section 18 says that disputes in the United States go to individual arbitration, not to court or a class action. You can opt out within 30 days. It does not apply if you live outside the United States.
1. Accepting these Terms
You accept these Terms when you tick the box that says you agree to them and tap "Agree and continue" in the app. If you do not agree, do not use the app.
The Disclaimers at https://mooncycle.kamalov.systems/disclaimers are part of these Terms. Our Privacy Policy and our Consumer Health Data Privacy Policy explain how we handle your data. You can open all of them in the app under Settings > Legal.
2. Who can use MoonCycle
You must be 18 or older. MoonCycle is not meant for anyone under 18. When you tick "I am 18 or older", you tell us that you are 18 or older, and we rely on that. If the app store tells MoonCycle that the user of a device is under 18, or we learn it another way, MoonCycle shows an age notice and stops working on that device. We then delete anything that user sent to our servers, if anything. Where the law has app stores confirm their users' ages, MoonCycle opens only after the app store has confirmed yours.
The AI features need their own age check: if the birth date in the app is under 18, or if you have not confirmed that you are 18 or older, they stay off.
You must also be able to make a binding contract. Using MoonCycle must not be against the law where you live.
Where features are offered. In this version, the AI features and the trying-to-conceive mode are offered only in the United States. The app decides this from your phone's country. Everything else works wherever the app is offered.
3. Your licence to use the app
We give you a personal, non-exclusive, non-transferable, revocable licence to use MoonCycle on devices you own or control. The licence is for your own non-commercial use and lasts as long as you follow these Terms and the rules of the store you got the app from.
You may not:
- copy, modify, sell, rent or sublicense the app;
- reverse engineer the app, except where the law allows it despite this term;
- get around paid features, limits or security;
- send requests to our servers from anything other than the app;
- use the app to build a competing product.
Some parts of MoonCycle are open-source software or fonts under their own licences. You can read those licences in Settings > Legal > Open-source licences. Where they give you more rights, they apply.
4. Health: what MoonCycle is and is not
MoonCycle helps you track your cycle and notice your own patterns. Its predictions are estimates. They are calculated from what you log and from typical cycle patterns, and may take into account what you tell the app about yourself.
- Not a medical device. MoonCycle does not diagnose, treat, cure or prevent any disease or condition.
- Not contraception. Do not use MoonCycle, its fertile window or its ovulation estimates to avoid pregnancy.
- Not a fertility treatment. The trying-to-conceive mode gives you information only. It cannot tell you when you can or cannot get pregnant.
- Not a pregnancy or menopause service. The pregnancy and perimenopause modes are for your own notes and information.
- Not a doctor. Patterns the app marks as "worth raising with a clinician" are observations, not diagnoses. Talk to a doctor or other qualified professional about any health question.
- About you. What you tell the app about yourself (for example a condition, your birth control or your weight) can change how wide its estimates are. It does not make the app a medical service, and the app never decides that you have a condition.
In an emergency, call your local emergency number. In the United States, call 911.
5. Astrology, numerology, Human Design, BaZi and the birth moon
These features are for reflection and entertainment. They are not science. They do not predict events. They are not advice about your health, money, relationships or legal matters. Do not make important decisions based on them.
Moon and planet positions are calculated on your phone with published approximation methods. They can differ slightly from other sources, especially near the boundary between two signs.
MoonCycle is not affiliated with, endorsed by or sponsored by Jovian Archive Media Pte. Ltd. or any other Human Design organization. The names of these systems and any trademarks belong to their owners.
6. AI features
What they are. The AI features are the daily AI note, the analysis in your report, the five-system reading, AI transcription of voice notes, copying the results from a lab report you send, and Ask MoonCycle, a chat about your cycle. They are part of MoonCycle Plus. They are offered in the United States only, to people 18 or older (section 2). They are off until you turn them on.
What they send, and your permission. The daily note, the report's analysis, the five-system reading, AI transcription and copying lab results send only after you turn on the AI switch in Settings and sign the authorization it shows. AI transcription also needs its own consent, and a lab report is sent only when you send it, after your phone has covered your name, birth date and ID numbers where it can find them. Ask MoonCycle sends only after you sign its own authorization, which lists exactly what is sent, to whom, and for how long it lasts. You can withdraw any of them at any time in Settings. The Privacy Policy lists the same details.
What the AI is not.
- It is an AI, not a person. It never claims to be human, even if you ask.
- It is not a doctor, nurse, pharmacist or therapist, and it does not provide therapy or professional mental health care.
- It does not diagnose you, give you doses, judge your lab results or say what they mean, tell you whether you are pregnant, or name days that are "safe" from pregnancy. When it copies a lab report, it is asked to copy the results only, never to explain them. Agreeing to anything in the app does not change this.
- It is not an emergency service. If what you write suggests a crisis, the app shows a card with crisis and emergency numbers in place of an answer.
AI text can be wrong. It is written by a machine. It can be wrong, incomplete or out of date, even when it sounds confident. A transcript can mishear you, and a copied lab result can have the wrong value, unit, decimal point or date, so check each result against your report before you save it. We instruct the AI to keep to periods, cycle symptoms and related wellbeing, never to diagnose and never to give advice about contraception. We cannot guarantee that it always follows those instructions. Check anything important with a qualified professional.
Reporting an answer. If you tap "Report this answer", we keep your question and that answer for 90 days to check what went wrong.
Fair use. To keep the AI features working for everyone, our relay limits how many requests it accepts from one network address in a minute and in a day, and how many it passes on for all users together in a day. When a limit is reached, the AI features pause until it resets, and you can try again later. The limits are the same for everyone with MoonCycle Plus, whether you subscribe or have Plus for life (section 9b). We may change them to keep the service running, and any change applies to subscribers and to Plus for life alike.
You must not use the AI features to:
- produce unlawful or harmful content;
- try to get other people's data;
- try to make the AI break its instructions;
- overload or attack our relay server.
7. Your content and your data
What you log in MoonCycle is yours. That includes cycle entries, symptoms, notes, what you tell the app about yourself, voice notes, attachments and the lab results you save. We do not claim ownership of it.
Your data stays on your phone. We do not keep a copy of your cycle on a server. The exceptions are what a feature you turn on sends (the Privacy Policy lists each one) and an AI answer you choose to report, which we keep for 90 days. If you delete the app or lose your phone without a backup, your data is gone and we cannot restore it. You can make a backup with Settings > Export.
Exported files are not encrypted. You choose where they go and who can open them.
You give us permission to handle your content only as far as needed to run a feature you turn on, for example to pass an AI request to the AI provider. We do not use it for anything else.
Do not log private information about other people without their permission.
8. Sharing with a partner
You can create a private link that shows a partner part of your cycle. You choose what to include.
- The data is encrypted on your phone before it leaves. The key is part of the link, so our server cannot read the data.
- Anyone who has the link can see what you shared. Send it only to people you trust.
- You can stop sharing at any time in the app. A link also stops working 60 days after your last update.
- You are responsible for who you give the link to.
9. Subscriptions, free trials and promo codes
9.1 MoonCycle Plus. MoonCycle Plus is the paid part of MoonCycle. It includes Ask MoonCycle, the readings, the daily AI note, the analysis in your report, AI transcription of voice notes, copying lab results with AI and the doctor PDF. Everything else in MoonCycle is free. You can buy it as a subscription that renews automatically, on one of two plans, monthly or yearly, or once as Plus for life (section 9b). The prices are US$4.99 a month, US$29.99 a year and US$349.99 once for Plus for life. Before you buy, the app shows each plan's price in your currency, how often you pay, and whether the plan starts with a free trial. The yearly plan may start with a 7-day free trial.
9.2 Who bills you. Apple or Google takes the payment, under their own terms. We never see your card details.
9.3 When you pay.
- Without a free trial or free period, you pay when you confirm the purchase.
- With a free trial, or a free period from a promo code, you pay nothing until it ends. When it ends, you are charged the plan price shown before you started, unless you cancel in time as 9.5 explains.
9.4 Automatic renewal. Your plan renews automatically at the end of each month or year until you cancel. Each renewal costs the price shown when you subscribed (9.7). Apple charges within the 24 hours before a new period starts. Google may charge up to 48 hours before a new period starts.
9.5 How to cancel. You can cancel online at any time:
- in MoonCycle: Settings > Subscription > Manage or cancel. This opens your Apple or Google subscription page;
- on iPhone: Settings > your name > Subscriptions;
- on Android: Google Play > Payments and subscriptions > Subscriptions.
To avoid the next charge on Apple, cancel at least 24 hours before the current period, free trial or free period ends. On Google Play, cancel before it ends. Google may charge up to 48 hours before a new period starts, so cancel at least 2 days before to be safe. Deleting the app does not cancel your subscription. After you cancel, you keep MoonCycle Plus until the end of the period you paid for. On Google Play, cancelling a free trial can end your access straight away.
9.6 Reminders. We remind you before you are charged:
- before a free trial or free period of one month or longer ends;
- before each yearly renewal;
- once a year if you are on the monthly plan.
Each reminder says when you will be charged, how much and how often, and how to cancel. It comes as a notification from the MoonCycle app, and in the app the next time you open it. When you subscribe, you agree that we may send these reminders as notifications from the app. Keep notifications on for MoonCycle to receive them. Apple and Google may send their own messages, for example about a price change or a failed payment.
9.7 Price changes. If we raise the price of a plan, people who already subscribe keep the price they signed up for. That includes people in a free trial or free period. We will not charge you a higher price unless you agree to it.
9.8 Promo codes. We may give out codes for 1, 2 or 3 free months of MoonCycle Plus. These rules apply to every code:
- The code, or the message that gives it to you, says how long the free period lasts. It also says whether a paid plan starts when the free period ends and, if one does, which plan and at what price. The app and the store show this again before you redeem the code.
- If a paid plan starts when the free period ends, you are charged its price from then on, and it renews as 9.4 says, unless you cancel in time as 9.5 explains. We remind you before the free period ends, as 9.6 says.
- If no paid plan starts, MoonCycle Plus simply ends with the free period. You are not charged.
- Codes are free. Codes are not for resale and have no cash value.
- A code works only until the expiry date stated with it, or while supplies last. It works only in the countries or regions stated with it.
- Unless the code says otherwise, each person can redeem one code. Some codes are only for people who have not subscribed before.
- Apple codes: Apple Account is required, subject to prior acceptance of license and usage terms. Full terms apply; see https://www.apple.com/legal/internet-services/itunes/ww. Offer and content are provided by Fittcoaching LLC.
- Google Play codes give a free period of 3 to 90 days. Some can be redeemed only in the MoonCycle app.
- We, Apple or Google may deactivate a code that has not been redeemed. A code you already redeemed keeps its free period.
9.9 Refunds. Refunds follow the policies of the store that charged you. On the App Store, Apple decides refunds, so ask Apple. On Google Play, ask Google, or write to us, because we can also refund a Google Play purchase. A free trial or free period costs nothing, so there is nothing to refund for it. Depending on where you live, you may have a legal right to cancel within a set time, for example 14 days in the EU or UK. The store that sold you the subscription or Plus for life handles that.
9.10 Restore. If you reinstall the app or change phones, use "Restore purchases" in the app. The app checks your purchase with Apple or Google when it can. If it cannot reach them for more than three days, MoonCycle Plus can pause until it checks again. Nothing you bought is lost.
9.11 Your copy. After you subscribe or redeem a code, the app shows a summary of your plan: its price, when you will be charged and how to cancel. You can save or share a copy, and you can see it again at any time in Settings > Subscription.
9b. Plus for life: a one-time purchase
9b.1 What it is. Plus for life is MoonCycle Plus bought with one payment instead of a subscription. It unlocks the same features as a subscription (9.1). You pay once, the price the store shows you before you confirm, in your currency. Apple or Google takes the payment (9.2). It never renews, so there is nothing to cancel, and there are no reminders before a charge, because there are no more charges.
9b.2 What "for life" means. Plus for life lasts for as long as MoonCycle offers MoonCycle Plus in the store you bought it in. It is the life of MoonCycle Plus, not your lifetime and not a set number of years. A new name does not end it: if we rename MoonCycle Plus, or move its features into a plan with another name, you keep those features for as long as we offer them to subscribers. A refund or a reversed payment ends it (9b.5), and section 14 applies to it as it does to a subscription.
9b.3 What it includes over time. You get MoonCycle Plus as it is at any time, the same as a subscriber. If we add a feature to MoonCycle Plus, you get it. If we change or remove a feature, the change applies to you as it does to subscribers (section 13). For section 13's rule on removing a paid feature, your paid period runs for as long as Plus for life lasts (9b.2).
9b.4 If we stop offering MoonCycle Plus or MoonCycle. We will tell you in the app and on our website at least 90 days before. The same applies if MoonCycle leaves the store you bought Plus for life in. If a law, a court, an app store or a service MoonCycle depends on makes us stop sooner, we tell you as soon as we can. Plus for life ends on the day MoonCycle Plus ends for you. Your data stays on your phone, and you can still export it (section 7). If another company takes over MoonCycle (section 23), Plus for life goes with it.
9b.5 Your store account. Plus for life belongs to the Apple or Google account you bought it with. On a new phone, or after you reinstall the app, sign in to that account and tap "Restore purchases" (9.10). MoonCycle has no accounts of its own, so a purchase on Google Play does not carry over to an iPhone, and a purchase on the App Store does not carry over to an Android phone. Plus for life is personal: you cannot sell, give or transfer it to anyone, and it has no cash value. If the store refunds it, or the payment is reversed, Plus for life ends.
9b.6 Refunds. Refunds follow the policies of the store that charged you, as 9.9 explains.
9b.7 If you already subscribe. Buying Plus for life does not cancel a subscription you already have. Cancel it yourself as 9.5 explains, or it keeps renewing. The app tells you this before you buy.
9b.8 Fair use. The AI features have the same fair use limits for Plus for life as for subscribers (section 6). They are offered only where and to whom section 2 says, so Plus for life does not open them in another country or to anyone under 18.
9b.9 Your copy. After you buy, the app shows a summary: what you bought, that you paid once, that it does not renew, and how long it lasts. You can save or share a copy, and you can see it again at any time in Settings > Subscription. Your receipt from Apple or Google shows the price you paid.
9b.10 Your rights. Nothing in this section takes away a right that consumer law gives you and that a contract cannot remove. If you live in the EU, EEA, UK or Switzerland, that includes your statutory rights for digital content that does not conform to the contract (section 15).
10. Acceptable use
Use MoonCycle only for lawful, personal purposes. Do not:
- break the law or anyone's rights with it;
- try to access data that is not yours, including other people's shared links;
- interfere with the app or our servers, or test them for weaknesses without our written permission;
- use bots, scrapers or other automated access;
- present MoonCycle predictions or AI text to others as medical advice.
11. Third-party services
MoonCycle works with services we do not run. These include the App Store, Google Play, Health Connect and the AI provider named in the app (OpenAI). They also include the city lookup service. Their own terms and privacy policies apply to their services. The Privacy Policy explains what each one receives.
We are not responsible for a third-party service that you choose to connect and that we do not control, except where the law makes us responsible.
12. Our intellectual property
MoonCycle belongs to Fittcoaching LLC and its licensors. That covers the code, design, text, graphics and calculations. It does not cover your content or the open-source parts. These Terms do not give you any right to our names, logos or trademarks.
If you send us ideas or feedback, we may use them freely and without paying you.
13. Changes to the app and to these Terms
We may add, change or remove features. If we remove a paid feature while your paid period is running, you can get a refund for the unused part where the law requires it.
We may update these Terms. We tell you about an important change in the app at least 30 days before it takes effect. The message links to the new version and sums up what changed. Changes needed for legal or safety reasons can take effect sooner, and we still tell you in the app. For an important change, the app asks you to tick a box and tap "I agree" before you go on using it. If you do not agree, you can export your data, stop using MoonCycle and cancel any subscription as section 9 explains. Other changes, such as corrections and clearer wording, apply when we publish them in the app. No change applies to a dispute that arose before the change takes effect.
Section 18 has its own rule for changes.
14. Termination
You can stop using MoonCycle at any time by deleting the app. A subscription has to be cancelled separately, as section 9 explains.
We may suspend or end your access to the online features, such as AI and sharing, in three cases:
- you break these Terms;
- you misuse those features;
- the law requires it.
The data on your phone stays with you.
These sections survive the end of these Terms: 3 (the limits), 7, 12, 15, 16, 17, 18, 19 and 23.
15. Disclaimer of warranties
To the extent the law allows, MoonCycle is provided "as is" and "as available". We disclaim the implied warranties of merchantability, fitness for a particular purpose and non-infringement. This list sets out, with particularity, the qualities and characteristics of MoonCycle that we do not warrant. We do not warrant that:
- its period, cycle, fertile window, ovulation or pregnancy estimates are accurate for you;
- it is suitable to prevent pregnancy or to help you conceive;
- AI-written text is accurate, complete or suitable for any health decision;
- an AI transcript matches what you said, or a lab result copied by AI matches your report;
- astrology, numerology, Human Design or BaZi content is true or predicts anything;
- its moon and planet positions match other sources exactly;
- the online features (AI, sharing and the city lookup) are available at all times or in every country;
- it works on every device or operating system version;
- data stored only on your phone survives if you delete the app or lose the phone;
- third-party services (Apple, Google, Health Connect, our AI provider and the city lookup service) work as described.
Some places do not allow these exclusions. There, they apply only as far as the law permits. If you live in the EU, EEA, UK or Switzerland, you keep your statutory rights for digital content that does not conform to the contract.
16. Limitation of liability
To the extent the law allows:
- We are not liable for indirect, incidental, special, consequential, exemplary or punitive damages. We are not liable for lost data that was stored only on your device. This does not limit damages, statutory damages, penalties, or attorney's fees and costs that a law gives you and that a contract cannot limit.
- MoonCycle is not contraception or a fertility treatment. We are not liable for a pregnancy, or for not becoming pregnant, that follows from relying on the app.
- Our total liability for all claims about MoonCycle is the greater of (a) what you paid us for MoonCycle in the 12 months before the claim, and (b) US$50.
Nothing in these Terms limits liability that the law does not allow us to limit. That includes liability for death or personal injury caused by our negligence; for fraud, gross negligence, or wilful or intentional misconduct; and for our violation of law. It also includes the rights and remedies that consumer protection and privacy laws give you and that cannot be waived, such as statutory damages, penalties, and attorney's fees and costs. Examples are the California Consumers Legal Remedies Act, the California Consumer Privacy Act, the California Confidentiality of Medical Information Act, the Washington Consumer Protection Act and the Washington My Health My Data Act. Sections 15 and 16 apply to those claims only as far as those laws allow.
17. Indemnity
You agree to cover our reasonable costs from a claim by a third party, to the extent the claim arises from your breach of these Terms or your misuse of MoonCycle. One example is sharing someone else's private data. This section does not cover claims caused by our own fault. If you live outside the United States, it applies only as far as your local law allows.
18. Disputes in the United States: arbitration and class action waiver
This section applies if you live in the United States. It does not apply if you live anywhere else.
18.1 Talk to us first. Before starting arbitration, email bertbertov@gmail.com. Give your name, describe the problem and say what you want. We will try to resolve it within 60 days. We will do the same before we bring a claim against you. Time limits for the claim are paused during these 60 days.
18.2 Agreement to arbitrate. You and we agree that any dispute about these Terms or MoonCycle will be resolved by binding arbitration on an individual basis, not in court. The exceptions are in 18.3.
- The Federal Arbitration Act governs this section.
- The American Arbitration Association (AAA) administers the arbitration under its Consumer Arbitration Rules, as in force when the arbitration starts. The rules are at adr.org.
- An arbitrator decides the dispute, not a judge or jury.
- The arbitrator can award the same individual relief a court could, including attorney's fees where the law allows.
- A court, not the arbitrator, decides four things: whether this arbitration agreement was formed; whether 18.5 (no class actions) and 18.6 (mass filings) can be enforced; whether you opted out under 18.7; and whether a claim seeks public injunctive relief under 18.3. The arbitrator decides every other question, including the scope and enforceability of the rest of this section.
18.3 Exceptions. Either of us may:
- bring an individual claim in small claims court, if it qualifies;
- ask a court to stop misuse of intellectual property.
Claims the law does not allow to be arbitrated stay in court. If the law gives you a right to public injunctive relief that cannot be waived, a court decides that request after the arbitration ends.
18.4 Costs and place.
- You pay no more than the consumer filing fee set by the AAA's consumer fee schedule. We pay all other AAA fees and the arbitrator's fees.
- The hearing is by video or phone, or in person in the county where you live, as you choose.
- We will not ask you to pay our attorney's fees unless the arbitrator finds your claim was frivolous.
- Nothing in this section requires you to keep the arbitration confidential.
18.5 No class actions. Claims are brought and decided only on an individual basis. No class, collective, consolidated or representative proceedings are allowed, except as 18.6 describes. If a court decides this waiver cannot be enforced for a particular claim, that claim goes to court and the rest of this section still applies. The court case waits until the arbitration ends. This section does not limit a request for public injunctive relief, which 18.3 keeps for court.
18.6 Mass filings. A mass filing is 25 or more similar demands against us, or by us, from the same lawyers or from lawyers working together.
- For a mass filing, the AAA Mass Arbitration Supplementary Rules apply as well, as in force when the demands are filed.
- The demands are administered in batches of up to 100. All batches move forward at the same time; none waits for another to finish.
- Each claim is decided on its own facts. A result in one claim does not bind any other person.
- Time limits are paused for every claim from the date of the first notice under 18.1.
18.7 Your right to opt out. You can opt out of this arbitration agreement within 30 days after you first accept these Terms. To opt out, email bertbertov@gmail.com with the subject "Arbitration opt-out". Include your name and the date you started using MoonCycle. Opting out does not change any other part of these Terms.
18.8 Changes to this section. A change to this section does not apply to a claim that arose, or that either of us knew about, before the change takes effect. Those claims stay under the version you agreed to. You can reject a change to this section by emailing bertbertov@gmail.com within 30 days after it takes effect. The earlier version then applies to you.
18.9 Court. Where this section allows a court case, or if this section does not apply, you may bring it in the state or federal courts in the State of Washington or in the courts where you live. We will bring a court case against you only in the courts where you live. Small claims court stays available as 18.3 says.
19. Governing law
The laws of the State of Washington govern these Terms, without regard to conflict-of-law rules. The Federal Arbitration Act governs section 18. If you live in another US state, this choice does not take away the protection of that state's consumer protection and privacy laws that cannot be waived by contract.
If you live outside the United States, you keep the protection of the mandatory consumer laws of your country, and you may bring a claim in the courts where you live.
20. Apple App Store terms
If you got MoonCycle from the Apple App Store, these extra terms apply:
- Parties. These Terms are between you and Fittcoaching LLC only, not Apple. Fittcoaching, not Apple, is solely responsible for MoonCycle and its content.
- Licence. Your licence is a non-transferable licence to use MoonCycle on Apple-branded products that you own or control, as the Usage Rules in the Apple Media Services Terms and Conditions permit. Other accounts associated with you through Family Sharing or volume purchasing may also use it. If these Terms conflict with those Usage Rules, the Usage Rules control.
- Support. Fittcoaching is solely responsible for maintenance and support. Apple has no obligation to provide any.
- Warranty. Fittcoaching is responsible for any product warranty the law does not allow us to disclaim. If MoonCycle fails to conform to such a warranty, you may notify Apple, and Apple will refund the purchase price, if any. To the extent the law allows, Apple has no other warranty obligation for MoonCycle. Fittcoaching is responsible for any other claims, losses, liabilities, damages, costs or expenses caused by a failure to conform to a warranty.
- Product claims. Fittcoaching, not Apple, handles any claim by you or a third party about MoonCycle or your use of it. That includes:
- product liability claims;
- claims that MoonCycle fails to meet a legal or regulatory requirement;
- claims under consumer protection, privacy or similar laws, including in connection with MoonCycle's use of the HealthKit and HomeKit frameworks.
- Intellectual property. If a third party claims that MoonCycle or your use of it infringes their intellectual property, Fittcoaching, not Apple, is solely responsible for investigating, defending, settling and discharging the claim.
- Legal compliance. You represent and warrant two things. You are not in a country that is subject to a U.S. Government embargo or that the U.S. Government has designated as "terrorist supporting". You are not on any U.S. Government list of prohibited or restricted parties.
- Contact. Questions, complaints and claims about MoonCycle go to Fittcoaching LLC, 7654 19th St W, Tacoma, WA 98466-3615, United States, phone +1 253-255-8369, email bertbertov@gmail.com.
- Third-party terms. You must follow any third-party agreement that applies when you use MoonCycle, such as your mobile data plan.
- Third-party beneficiary. Apple and its subsidiaries are third-party beneficiaries of these Terms. Once you accept these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce them against you as a third-party beneficiary.
21. Google Play
If you got MoonCycle from Google Play, Google is not a party to these Terms. The Google Play Terms of Service apply to your purchases there.
22. Notice for California users
Under California Civil Code section 1789.3, California users are entitled to the following notice. We show it in the app when you subscribe and once a year, on or before June 30.
- The provider. MoonCycle is provided by Fittcoaching LLC, 7654 19th St W, Tacoma, WA 98466-3615, United States, phone +1 253-255-8369.
- Charges. The free features cost nothing. MoonCycle Plus costs US$4.99 or US$29.99, or US$349.99 (monthly or yearly, charged after any free trial or free period, or once for Plus for life).
- Complaints. You can reach us at bertbertov@gmail.com. You can also contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs, in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by phone at (800) 952-5210.
23. General
- Entire agreement. These Terms, with the documents they refer to, are the whole agreement between you and us about MoonCycle.
- Severability. If a court finds part of these Terms unenforceable, the rest still applies.
- No waiver. If we do not enforce a term right away, we can still enforce it later.
- Transfer. You may not transfer these Terms. We may transfer them to a company that takes over MoonCycle. If we do, we will tell you in the app.
- Events outside our control. We are not responsible for delays or failures caused by events we cannot reasonably control.
- Language. If these Terms are translated, the English version controls, unless your local law requires otherwise.
- Electronic notices. You agree that we may give you notices in the app, as notifications from the app, or by email if you have written to us or given us an email address for reminders.
24. Contact
Fittcoaching LLC
7654 19th St W, Tacoma, WA 98466-3615, United States
Phone: +1 253-255-8369
Email: bertbertov@gmail.com