PRIVACY POLICY
Oct 19, 2021
This Privacy Policy (“Policy”) describes how INDIVITU LLC (“company”, “we”, “us” or “our”) collects, uses, shares and protects information in relation to Moon Tips mobile application (“App”), website moon-tips.com, and any software provided on or in connection with Moon Tips services (“Service”), and your choices about the collection and use of your information.
You understand and agree that the Policy applies to all visitors, users, and others who access the Service (“Users”). Using the Service Users understand and agree that App collects, uses, shares and protects information in relation to the Service.
Information Collection and Use
While using Service, we do not ask you to provide us with any personally identifiable information that can be used to contact or identify you. Personally, identifiable information may include but is not limited to, your email, name, phone number, postal address, and other information (“Personal Information”).
We currently do not use servers for our mobile app to store information outside the local mobile app storage.
When you access our website from any device, we may access, collect, monitor, store on your device, and/or remotely store one or more “device identifiers.” Device identifiers are small data files or similar data structures stored on or associated with your mobile device, which uniquely identify your mobile device. A device identifier may be data stored in connection with the device hardware, data stored in connection with the device’s operating system or other software, or data sent to the device by App.
A device identifier may deliver information to us or to a third-party partner about how the User browses and uses the Service. Some features of the Service may not function properly if the use or availability of device identifiers is impaired or disabled.
We may employ third party companies and individuals to facilitate our Service, to provide the
Service on our behalf, to perform Service-related services or to assist us in analyzing how our Service is used. These third parties have access to your Personal Information only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.
We use collected information to a. provide personalized content and information to Users, which may include online ads or other forms of marketing; b. provide, improve, test, and monitor the functionality of the Service; c. develop and test new products and features; d. monitor and analyze anonymized metrics, such as the total number of visitors, traffic, stylization techniques, and others; e. diagnose or fix technology problems.
Disclosure of User Information
We will not rent or sell your information to third parties outside the company (or the group of companies of which App is a part) without your consent, except as otherwise described in this Policy.
We may share your content and information (including but not limited to, information from cookies, log files, device identifiers, location data, and usage data) with its affiliates aimed to help provide, understand, and improve the Service (including by providing analytics) and affiliates’ own services (including by providing you with better and more relevant experiences).
We may share your information as well as information from sources like cookies, log files, device identifiers, and location data, with third-party service providers that help us provide the Service to you. We may also share certain information such as cookie data with third-party advertising partners. This information would allow third-party ad networks to, among other things, deliver targeted advertisements that they believe will be of most interest to you.
In the event of a merger, acquisition, bankruptcy, dissolution, liquidation of the company, your personal information, collected through the Service, may be among the items sold or transferred. You will continue to own your User content. The buyer or transferee will be required to honor the commitments we have made in this Policy.
We may also access, preserve and share your information in response to a legal request (like a court order, subpoena, search warrant, or government demand) to the extent company is legally compelled to disclose your information. We may also access, preserve and share information on good faith belief that it is necessary to detect, prevent and address fraud and other illegal activity; to protect us, you or others, including as part of investigations; and to prevent death or imminent bodily harm.
Storing User’s Information
User’s information collected through the Service may be stored and processed in any country in which the company, its affiliates, or service providers maintain facilities.
The company, its affiliates, or service providers may transfer information that App collects about Users across borders and from your country or jurisdiction to other countries or jurisdictions around the world. If you are located in the regions with laws governing data collection and use that may differ from law of the land of the company, please note that the company may transfer information to a country and jurisdiction that does not have the same data protection laws as your jurisdiction.
By registering for and using the Service you consent to the transfer of information to any country in which the company, its affiliates, or service providers maintain facilities, and to the use and disclosure of information about you as described in this Policy.
Security
The security of your information is important to us, but remember no method of transmission over the Internet and electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security. Please be aware that email and messaging systems are not considered secure, so we recommend you against sending us personal information using these ways.
Children’s Privacy
We do not knowingly collect or solicit any information from anyone under the age of 4. The Service and its content are not directed at children under the age of 4. The use of the Service by any person under the age of 4 is strictly prohibited under the Terms of Use. If you are a parent or guardian and you are aware that your children have provided us with personal information, please contact us. If we discover that children under 4 have provided us with personal information, we will delete such information from our servers without delay.
Contact
If you have any questions about this Policy or the Service, please contact us via email: hello@indivitu.com.
Changes to App’s Privacy Policy
We may modify or update this Policy from time to time, so please review it periodically. Changes to this Privacy Policy are effective when they are posted on our webpage moon-tips.com. Your continued use of Service after any modification to this Privacy Policy will also constitute your acceptance of such modification.
TERMS OF USE
Oct 19, 2021
Definitions
“App”, “us”, “we” or “our” means Moon Tips mobile application operated by INDIVITU LLC.
“User” means all visitors, users, and others who access the Service.
“You” means you, the user of the Service.
“Content” means any text, writings, photographs, graphics, images, comments, chat text, personally identifiable information, and other content or materials that are posted, generated, provided, or otherwise made available via the Service. Content includes without limitation User
Content.
“User Content “means any Content that Account holders (including you) provide to be made available via the Service.
“App Content” means content owned or licensed by App.
“App Parties” means App, company, together with its employees, managers, directors, attorneys, officers or agents.
“Service” means the App service, or any applications (including mobile applications) made available by the company.
“Terms” means these terms of use, as they may be modified from time to time by the company in its discretion pursuant to the terms hereof.
These Terms also include Privacy Policy, which is located at the website moon-tips.com.
Acceptance
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all users and others who 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 may not access the Service.
Service Age Restriction
You must be at least 4 (four) years old to use the Service.
Privacy
You are under no obligation to give the company any comments, ideas, suggestions, comments related to the Service or the business or operations of App. If you share comments, ideas, suggestions with us, we will own such comments, ideas and suggestions. You grant to us all of your rights, title, and interest in such ideas, suggestions, comments. You agree unless otherwise prohibited by applicable law company will be free to use and implement same, without any restrictions or obligations of any kind.
Feedback
You are under no obligation to give the company any comments, ideas, suggestions, comments related to the Service or the business or operations of App. If you share comments, ideas, suggestions with us, we will own such comments, ideas, and comments. You grant to us all of your rights, title, and interest in such comments, ideas, suggestions, comments. Unless otherwise prohibited by applicable law you agree the company will be free to use and implement same, without any restrictions or obligations of any kind.
Subscription
– The subscriptions are $2.99 (monthly)
Payment will be charged to your iTunes Account at confirmation of purchase.
No cancellation of the current subscription is allowed during active subscription period
*Prices are equal to the value that “Apple’s App Store Matrix” determines is the equivalent subscription price in $USD
General Prohibitions
User represents, warrants and agrees not to contribute any Content or User Content or otherwise use the Service or interact with the Service in a manner that:
Is fraudulent, deceptive, harmful, threatening, harassing, defamatory, obscene, or otherwise objectionable;
Use the Service for any illegal or unauthorized purpose;
For commercial purposes; or
Infringes, misappropriates, or violates a third party’s (including us) patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy;
Runs Listserv, Maillist, any form of spam on the Service, or any processes that run or are activated while you are not using the Service, or that otherwise interfere with the proper working of the Service, including by placing an unreasonable load on the Service infrastructure;
Records or stores any significant portion of the Content;
Interfere with or disrupt the Service or servers or networks connected to the Service,
Inject content or code or otherwise alter or interfere with the way any App page is rendered or displayed in a User’s browser or on a User’s device;
Attempt to test the vulnerability of our system, network or breach any security or authentication measures;
Jeopardizes the security of any App account as well as allowing someone else to log in to the Service using your data;
Attempts to obtain the computer/mobile device or other security information from other App users;
Violates the security of any computer network, or cracks any passwords or security encryption codes;
Encourage or enable third parties to do any of the mentioned above.
At our sole discretion and without liability to Users, we may determine what conduct it considers to be in violation of the Terms or Service itself and to take action as a result, which may also include termination of the User’s Account and exclusion from further participation in the Service.
Property rights
We do not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to that, the company and its licensors exclusively own all rights, title, and interest in and to the Service and Content, including all associated intellectual property rights. You acknowledge the Service and Content are protected by copyright, trademark, and other laws of both Californian and foreign jurisdictions. You agree not to remove, alter or obscure any copyright, trademark or other proprietary rights notices incorporated in or accompanying the Service or Content.
The Service may also provide you with access to content such as text, writings, chat text, comments, photographs, graphics, images, etc., which are obtained by the company from Publicly available sources. Company is not responsible or liable for use of such Content from publicly available sources if that use will infringe, misappropriate or violate your or a third party’s intellectual property rights, rights of publicity or privacy, or result in the violation of any applicable law. If you believe that any Content from publicly available sources infringes your intellectual property rights or copyright, please, contact us pursuant to the procedure described in the provision Copyright stated below.
By making any User Content available via Service you hereby grant us a non-exclusive, transferable, perpetual, royalty-free, sub-licensable, worldwide license to use, copy, reproduce, translate, modify, create derivative works based upon, distribute, publicly display, publicly perform and distribute your User Content in connection with operating and providing the Service and Content to you and to other holders of an Account.
You are solely responsible for all your User Content. You represent and warrant that you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available via the Service, nor any use of your User Content by us on or through the Service will infringe, misappropriate or violate a third party’s intellectual property rights, rights of publicity or privacy, or result in the violation of any applicable law. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.
Other than your Content, you represent and warrant that you will not encumber, license, modify, publish, copy, sell, transfer, transmit, or in any way exploit, the Service (in part or in whole), except as expressly permitted in writing by the company.
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to view, download, install, display, copy and print the Content only regarding your permitted use of the Service and only for your personal, non-commercial aims.
You also understand, warrant, and agree that the company, in performing the required technical steps to provide the Service to users, may need to modify your User Content to conform and adapt such Content to the technical requirements of connecting networks, media, services, and devices, and the licenses granted by you include the rights to do so.
Copyright
We respect the intellectual property rights of others and expect others to do the same. The company reserve the right to remove or disable Content alleged to be infringing of copyright or other intellectual property and to terminate the accounts of repeat alleged infringers in appropriate circumstances.
If you or your agents believe that your Content has been copied in a way that constitutes an infringement of copyright or other intellectual property, please send us the following information:
A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
A description of the copyrighted work or other intellectual property that you claim has been infringed;
A description of where the material that you claim is infringing is located on the services;
Your contact information, including name, address, phone number and email;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
A statement by you, made under penalty of perjury, that the foregoing information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
If you or your agents believe that part of Content was deleted or access to which was disabled as a result of a notice of infringement and that the content is not infringing, or that you have the authorization from the copyright owner, its agent, or pursuant to the law, to post and use the content on the services, you may send us a counter-notice containing the following information:
Your physical or electronic signature;
Identification of the Content that has been removed (or to which access was disabled) and the location at which the content appeared before it was removed or disabled;
A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content;
Your contact information, including name, address, phone number, and e-mail;
A statement by you that you will accept service of process from the person who provided notification of the alleged infringement.
If we received the counter-notice, we may send its copy to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 (ten) business days. Unless the copyright owner files an action seeking a court order against the content provider, member, or user, the removed content may be replaced, or access to it restored, in 10-14 business days (or more) after receipt of the counter-notice. Replacement or restoration of access to the content is at our sole discretion.
We pay your attention that any misrepresentation of any material fact in any notice above may automatically subject you to liability for any related damages, costs, and attorney fees incurred by App
Please send us all notices an email notification to hello@indivitu.com. You may include an attachment if you like, but please also include a plain-text version of your letter in the body of your message.
If you must send your notice by physical mail, you can also do that, but it will take substantially longer for us to receive and respond to it and the 10-14 business days waiting period starts from the date when we receive your notice. Notices we received via plain-text email have a much faster turnaround than PDF attachments or physical mail.
Links to Third Parties Resources
We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party via the Service or any hyperlinked website or featured in any banner or other advertising. We will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services.
The company is not responsible for the actions, content, information, or data of third parties, and you release the company from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have or may have against any such third parties.
We also strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
Termination
We may terminate or suspend your account immediately, without prior notice or liability, at any time and for any reason whatsoever. Upon termination, all licenses and other rights granted to you in these Terms will immediately cease. If you wish to terminate your Account, you may simply discontinue using the Service or even send us a notification at email: hello@indivitu.com.
All provisions of these Terms which by their nature should survive will survive any termination of these Terms, your Account or the Service, including, but not limited User Content (including your Content), ownership provisions, feedback, termination, disputes, disclaimers of warranties, limitations of liability, indemnification, governing law and links to third-party resources.
Fees
If you paid a Subscription for our Service to access the paid features of the Service, you must pay all applicable fees, as described in the Subscription information listed in connection with such Service selected by you.
We may change the fees and/or institute new ones at any time, upon notice to you, which may be sent by email or posted on our website https://moon-tips.com. Your use of the Service following such notification constitutes your agreement of new or modified fees.
Disputes
These Terms are governed by and construed in accordance with the Californian law without giving effect to any principles of conflicts of law. Application of the United Nations Convention on Contracts for the International Sale of Goods is specifically disclaimed regarding these Terms.
If there is a dispute between users and any third party, you agree that the company is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release App Parties from claims, demands, damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or Service.
Severability; No Waiver
If any provision of these Terms is found by a court of competent jurisdiction to be invalid or otherwise unenforceable, the parties nevertheless agree that such portion will be deemed severable from these Terms and will not affect the validity and enforceability of the remaining provisions. Other provisions of the Terms remain in full force and effect.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. No waiver of any term of these Terms will be deemed a further or continuing waiver of such term or condition or any other term or condition.
Service Interruptions and Availability
There may be occasions when the Service will be interrupted or unavailable, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. The company shall have no liability for any such interruptions.
Disclaimer of Warranties
The Service, including, without limitation, Content, is provided on an “as is”, “as available” and “with all faults” basis.
The company makes no and hereby specifically disclaims all warranties, express or implied, including, without limitation, those of merchantability, non-infringement, title, custom, trade, system integration, freedom from virus or Trojan, accuracy and fitness for a particular purpose unless such warranties are legally incapable of exclusion. The company does not warrant, guarantee or make any representations regarding the use, availability, or reliability of the Service unless such warranties are legally incapable of exclusion. The entire risk as to the results and performance of the Service is assumed by you.
If you access or use the Service from jurisdictions prohibiting such use, you do so at your own volition and are responsible for compliance with local law. You acknowledge that your use of the Service is at your own risk. Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimer may not apply to you to the extent such jurisdiction’s law is applicable to you and these Terms.
Limitation of Liability
Under no circumstances will the company, its affiliates, officers, directors, employees, agents, attorneys, suppliers, or licensors be liable to you for any loss or damages of any kind (including, without limitation, for any direct, indirect, economic, exemplary, punitive, special, incidental or consequential losses or damages) that are directly or indirectly related to 1. the Service; 2. the Content; 3. User Content; 4. your use of, inability to use, or the performance of the Service; 5. any action in connection with an investigation by the App Parties or law enforcement authorities regarding your or any other party’s use of the Service; 6. any action in connection with copyright or other intellectual property rights; 7. any errors or omissions in the Service’s operation; 8. any damage to any user’s computer, mobile device, or other equipment or technology including, without limitation, damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction, including, without limitation, damages for lost profits, loss of goodwill, loss of data, work stoppage, the accuracy of results, or computer failure or malfunction, even if foreseeable or even if the App Parties have been advised of or should have known of the possibility of such damages, whether in an action of contract, negligence, strict liability or tort (including, without limitation, whether caused in whole or in part by negligence, acts of God, telecommunications failure, or theft or destruction of the Service).
In no event will the App Parties be liable to you or anyone else for loss, damage, or injury, including, without limitation, death or personal injury. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event will the App, Company, and its Parties’ total liability to you for all damages, losses, or causes of action exceed $10.00 (Ten U.S. Dollars) or the total amounts paid or payable by you to App for the past 3 (three) months of the Service in question. By accessing the Service, you understand that you may be waiving rights with respect to claims that are at this time unknown or unsuspected.
Indemnification
You (and also any third party for whom you operate an account or activity on the Service) agree to defend (at our request), indemnify and hold the App Parties harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorneys’ fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities on the Service or those conducted on your behalf):
Your Content or your access to or use of the Service;
Your breach or alleged breach of these Terms;
Your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right;
Your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative, and legislative authorities or any misrepresentation made by you.
You also agree to cooperate as fully required by the company in the defense of any claim. The company reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not, in any event, settle any claim without prior written consent from us.
Assignment
You will not assign these Terms or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of us. Any purported assignment or delegation by you without the appropriate prior written consent of the company will be null and void. We may assign these Terms or any rights hereunder without your consent.
Governing Law
These Terms shall be governed and construed in accordance with the Californian law, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. 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
Entire Agreement
These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
Changes to App’s Terms
The company reserves the right, in its sole discretion, to modify or update these Terms (“Updated Terms”) from time to time, so please review them periodically. We may notify you of the Updated Terms by posting them on the Service, and your use of the Service after the effective date of the Updated Terms constitutes your agreement to the Updated Terms. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the Service from that point forward.
Contact Information
If you have any questions or concerns about these Terms of Service, please contact us at email: hello@indivitu.com.
Support
If you have any questions/suggestions regarding our mobile application, please don’t hesitate to contact us at hello@indivitu.com. We usually reply within 24hr depending on your location.