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Terms of Use for Mone Wellness

Please read these Terms of Use (the "Terms of Use," the "Terms," or the "Agreement") carefully. If you have any questions, then you can contact us at hello@monewellnessapp.com

These Terms of Use help define Mone's relationship with you (the "User") as you interact with our Services (defined below). These Terms of Use include and incorporate by reference the Mone Privacy Policy (the "Privacy Policy"). We encourage you to read the Privacy Policy to better understand how you can update, manage, export, and delete your information.

Understanding these terms is important, and you must accept these Terms of Use to use our Services (defined below; see the Introduction below for more information).

Purpose of the App

Mone Wellness Inc. ("Mone," "we," "us," or the "Company") is a corporation incorporated in the State of Delaware, United States of America, with a principal office in the State of California, United States of America. Mone Wellness Inc. provides an educational and community-based platform focused on women's wellness that includes the Mone mobile app (the "App"), websites including monewellnessapp.com, and related products, features, and services (each individually a "Service" and collectively the "Services"). We provide educational materials, community discussions, and guidance (the "Content") to help users learn about health, fitness, mental wellness, and lifestyle. You must be at 18 years of age, reside in the United States, and access the Services from the United States to use the App and access Mone's Content.

The App is for informational and educational purposes only and should not be considered medical advice.

Health and Medical Disclaimer

You acknowledge that:

  • Mone does not provide medical, psychological, or therapeutic services.
  • The information provided is not a substitute for professional medical advice.
  • You should always consult a licensed healthcare professional before making decisions about your health or wellness.

If you are experiencing a medical emergency, call 911 or your local emergency number immediately.

HIPAA Notice

Mone is not a "covered entity" or "business associate" as defined by the Health Insurance Portability and Accountability Act of 1996 ("HIPAA").

While we respect your privacy and protect your data under applicable privacy laws, HIPAA privacy and security rules do not apply to any information you submit through the App.

Please review our Privacy Policy for more information and details on how we handle personal information.

1. Introduction

1.1. Please read these Terms carefully. This Agreement is a legally binding contract between you and Mone. Access to and use of Mone's Services is expressly conditioned upon acceptance of this Agreement. If you do not agree to these Terms, then you must not access the App, Mone products, or the Services. Mone provides the Services in consideration of your acceptance of these Terms. These Terms apply to all use of the App, Mone products, or Mone Services.

1.2. PLEASE CAREFULLY READ THE ARBITRATION CLAUSE AND CLASS ACTION WAIVER IN SECTION 19. IT AFFECTS HOW DISPUTES ARE RESOLVED BETWEEN YOU AND MONE AND INFORMS YOU OF YOUR OPT-OUT RIGHTS.

1.3. By creating an account or accessing or using the App, you acknowledge that you accept and agree to be bound by the terms of this Agreement. IF YOU DO NOT AGREE TO THESE TERMS, THEN DO NOT ACCESS OR USE THE APP, MONE PRODUCTS, OR THE SERVICES.

1.4. In addition to these Terms, the following terms apply and form part of your contract with us: the Mone Privacy Policy ("Privacy Policy"), Apple Inc.'s Licensed Application End User License Agreement ("Apple EULA"), and any additional terms referenced on the applicable app, product, or Service.

1.5. By accepting this agreement, you affirm that you: (a) have read this Agreement and agree to abide by its terms and the other terms incorporated into it by reference; and (b) have reviewed and consent to the Privacy Policy; (c) agree not to use the respective Service or Content in accordance with these Terms.

2. App, features, and Content are not intended to provide medical advice, diagnosis, or treatment

2.1. THE COMPANY IS NOT A LICENSED MEDICAL CARE PROVIDER AND THE APP IS NOT INTENDED TO REPLACE PROFESSIONAL MEDICAL ADVICE OR DIAGNOSE, TREAT, OR MANAGE ANY ILLNESS OR MEDICAL CONDITION, OR SERVE AS A BIRTH CONTROL METHOD OR CONTRACEPTION. PLEASE CONSULT WITH A LICENSED PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER BEFORE MAKING ANY DECISIONS OR TAKING ANY ACTIONS THAT MAY AFFECT YOUR HEALTH AND SAFETY OR THAT OF YOUR FAMILY OR FETUS. ALWAYS CONSULT WITH YOUR HEALTHCARE PROFESSIONAL IF YOU HAVE ANY QUESTIONS OR CONCERNS ABOUT YOUR HEALTH OR CONDITION OR EXPERIENCE ANY CHANGES IN YOUR CONDITION OR HEALTH STATUS. IF YOU THINK YOU HAVE A MEDICAL EMERGENCY, CALL EMERGENCY SERVICES OR GO TO THE NEAREST OPEN EMERGENCY ROOM.

2.2. WE DISCLAIM LIABILITY FOR ANY ERRORS OR OMISSIONS, OR FOR UNINTENDED TECHNICAL INACCURACIES, OR TYPOGRAPHICAL ERRORS IN THE PROVIDED MATERIALS, AS WELL AS ANY VIOLATION OF ANY ETHICAL OR MORAL STANDARDS APPLICABLE IN YOUR COMMUNITY TO WOMEN'S HEALTH AND RELATED MATERIALS.

3. Registration and eligibility

3.1. To use the App, you may be required to create or update an account ("Account") and asked to provide certain personal information, which may include your name and e-mail address.

3.2. All information provided during Account creation must be accurate. You must update all Account information promptly after it changes.

3.3. Account information will be held and used in accordance with the Privacy Policy.

3.4. Mone reserves the right to deny the creation of any Account or limit the availability of Content to users for any reason, e.g., based on location in its sole discretion.

4. Use of the App

4.1. Any content you submit through the App is governed by the Privacy Policy. If you submit a question or response, then you are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications found in the public areas. The Company and its licensors are not responsible for the consequences of any communications in the public areas. In cases where you feel threatened or you believe someone else is in danger, you should contact your local law enforcement agency immediately. If you think you may have a medical emergency, call your doctor or emergency services immediately. As a condition of using the App, you agree not to use the App for any purpose that is prohibited by this Agreement. You are responsible for all of your activity in connection with the App and you shall abide by all local, state, national, and international laws and regulations and any applicable regulatory codes.

4.2. You agree that if you take any of the following actions, you will be materially breaching this Agreement. You agree that you SHALL NOT:

  • 4.2.1. resell, rent, lease, loan, sublicense, distribute, or otherwise transfer your rights to use or access the Services;
  • 4.2.2. modify, reverse engineer, decompile or disassemble the App or any of the Services;
  • 4.2.3. copy, adapt, alter, modify, translate, or create derivative works of any Services without the written authorization of the Company;
  • 4.2.4. permit other individuals to use the Services, including but not limited to shared use via a network connection;
  • 4.2.5. circumvent or disable any technological features or measures in the Services for protection of intellectual property rights unless permitted by law;
  • 4.2.6. use the App in an attempt to, or in conjunction with, any device, program, or service designed to circumvent technological measures employed to control access to, or the rights in, a content file, or other work protected by the copyright laws of any jurisdiction unless permitted by law;
  • 4.2.7. use or access the App to compile data in a manner that is used or usable by a competitive product or service;
  • 4.2.8. use your Account to advertise, solicit, or transmit any commercial advertisements for any product or service, including chain letters, junk e-mail, or repetitive messages to anyone;
  • 4.2.9. use your Account to engage in any illegal conduct;
  • 4.2.10. upload or transmit any communications that infringe or violate the rights of any other party;
  • 4.2.11. upload media of any kind that contain expressions of hate, abuse, offensive images or conduct, obscenity, pornography, sexually explicit material, or any material that could give rise to any civil or criminal liability under applicable law or regulations or that otherwise may be in conflict with this Agreement or the Privacy Policy;
  • 4.2.12. upload any material that contains software viruses or any other computer code, files, or programs that are malicious, technologically harmful, or designed to interrupt, destroy, or limit the functionality of any of the Services;
  • 4.2.13. use data, Content, or features from the Services to diagnose, treat, or mitigate any health conditions;
  • 4.2.14. impersonate or attempt to impersonate Mone employees, another user, or any other person or entity (including, without limitation, by using email addresses or usernames not associated with User);
  • 4.2.15. engage in any other conduct that restricts or inhibits any other user's access to, use, or enjoyment of the Services, or which, as determined by Mone, may harm Mone, the Services, or other users of the Services, or expose any of them to liability;
  • 4.2.16. use the Services in any manner that could disable, overburden, damage, or impair the Services or interfere with any other party's use of the Services.
  • 4.2.17. use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring activity on the Services or copying any of the Content;
  • 4.2.18. use any device, software, or routine that interferes with the functionality of the Services.

Any such forbidden use shall immediately terminate your license to use the App. Mone is granting you permission to use the App, but with the condition that you use it in accordance with the Agreement. If you violate these Terms by engaging in a forbidden use, then Mone will terminate and revoke the permission granted you to use any of the Services.

5. Limited License to the App

5.1. We grant you a personal, worldwide, revocable, non-transferable, and non-exclusive license to access and use the Services and Content for personal and non-commercial purposes in accordance with the terms of this Agreement. You may not copy, store, modify, distribute, transmit, perform, reproduce, publish, license, create derivative works from, transfer or sell any text, graphics, logos, and other source-identifying symbols, designs, icons, images, or other information, software, or code obtained from the Services without prior express written permission from the Company which may be withheld for any or no reason. You further agree not to download, display, or use any Content on the App that is provided by the Company or its licensors located on the App for use in any publications, in public performances, on websites other than those included in the Services for any other purpose, or otherwise infringe the Company or its licensors' intellectual property rights. You further agree to in no other way misuse any Content published by the Company or third-party content that appears on the App.

5.2. All rights, title, and interest in and to the Services and Content not expressly granted in this Agreement are reserved by the Company. If you wish to use the Company's Content, software, titles, trade names, trademarks, service marks, logos, domain names, and/or any other identification with notable brand features, or other intellectual property or content owned by the Company, you must obtain written permission from the Company. Permission requests may be sent to hello@monewellnessapp.com.

5.3. The Company owns all the Content, all the text, images, photos, audio, video, location data, software, code, and all other forms of data or communication that the Company creates and makes available in connection with the Services, including but not limited to visual interfaces, interactive features, graphics, design, compilation of User Content (as defined below), the compilation of aggregate user review ratings, and all other elements and components of the Services, excluding User Content. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Services and the Content are retained by Mone.

6. License to User Content

6.1. The Services enable you to input personal notes, post, or upload content, submit content (including to Community Forum) and log certain information into the App ("User Content"). You retain all rights to such User Content that you post, share, or log in the Services. By providing your User Content to the App, you: (a) grant the Company a non-exclusive, transferable, sublicensable, worldwide, royalty-free license to use, copy, exploit, modify, publicly display, publicly perform, create derivative works from, incorporate into other works, change, reformat, and distribute User Content in connection with providing and operating the Services and/or for the Company's promotional purposes (for example, by displaying on websites, within the App, in social media, on any website or platform as we may deem appropriate), subject to the Privacy Policy; and (b) you agree to indemnify the Company and its affiliates, directors, officers, and employees, and hold them harmless from any and all claims and expenses, including attorneys' fees, arising from the User Content and/or your failure to comply with the terms described in this Agreement.

6.2. The Company reserves the right to review all User Content prior to submission to the App, and to remove any content or media for any reason, at any time, without prior notice, at our sole discretion.

7. Use at your own risk

7.1. Our goal is to help make certain health-related information more readily available and useful. However, the App cannot and does not guarantee health-related improvements or outcomes

7.2. Your use of the App and any information, predictions, or suggestions provided in the Services is at your sole risk. We make no representation or warranty of any kind as to the accuracy of data, information, estimates, and predictions that we may provide to you through the Services and you agree and understand that the Services are not intended to match or serve the same purpose as a medical or scientific device or healthcare provider.

8. Subscriptions and billing

8.1. Subscriptions. We may offer you the opportunity to purchase subscriptions that provide access to the Content or the Services for a specified period of time. Subscriptions continue indefinitely. We charge you on-going fees automatically on a regular basis until cancelled. We explain the on-going fees, the billing frequency and how to cancel before you purchase and in these Terms.

8.2. Certain Content, products, or Services included in subscription may change from time to time, as we introduce new features, develop our existing offerings, and retire features. By accessing the Services you agree that your purchases are not contingent on the provision of any future functionality or features, or dependent on any statements regarding such functionality or features.

8.3. The Mone App is available via third-party platform operators such as the Apple App Store and the Google Play Store. Therefore, when you make a purchase, you may additionally enter into a separate contract with the respective third-party service provider providing your version of the App, whose terms and conditions may apply. Depending on the respective third-party service provider's terms and conditions, you may need to exercise your rights of cancellation and revocation with these service providers.

8.4. Billing. You may purchase the subscription on a recurring basis disclosed to you prior to your purchase directly from Mone or through a third party by paying a subscription fee plus applicable taxes in advance.

8.5. Trial. Engagement with the App starts with a trial period, where you can experience the application for a specified period at no cost or at a reduced price ("Trial"). Trials will automatically convert into ongoing paid subscriptions at the end of the trial period. To avoid being charged, you must cancel your subscription prior to the expiration of the trial period. Please review all applicable terms carefully before you sign up.

8.6. Price and tax changes. Mone may from time to time make changes to subscription, including recurring subscription fees, and will communicate any price changes to you in advance. Price changes will take effect at the start of the next subscription period following the date of the price change or as indicated in the communication indicating the change, and, by continuing to use the subscription after the price change takes effect, you will have accepted the new price. If you don't agree to a price change, then you can reject the change by unsubscribing from the applicable subscription prior to the price change going into effect.

If we discover an error in the price of items you have purchased, then we will contact you. You will have the option of either reconfirming your order at the correct price or canceling it. If we are unable to contact you, your purchase will be automatically cancelled.

Tax rates or other fees are based on the rates applicable at the time of your monthly charge. These amounts can change over time with local tax requirements in your state, territory, county, or city. Mone or the relevant third-party platform operator may automatically apply any change in tax rate, based on the account information you provide.

8.7. Renewal. Your payment to Mone or the third party through which you purchased the subscription will automatically renew at the end of the applicable subscription period, unless you cancel your subscription before the end of the then-current subscription period.

8.8. Cancellation. You must cancel your subscription or Trial before it renews to avoid the billing of the fees for the next Subscription period. If you purchase your subscription through the Mone app you can cancel the renewal of your subscription at any time in the app.

9. Community Forum

9.1. Mone Community Forum ("Community Forum") is a feature of the App that allows users to post comments and questions. If you delete your account, then your comments will remain visible to other users of Community Forum.

9.2. Mone allows users to post or comment on the Content in the Community Forum;

9.2.1. Private messaging or interpersonal communication between a finite number of persons is not available - no direct messages;

Contact hello@monewellnessapp.com to all inquiries raised in connection with Community Forum.

9.3. As a user of Community Forum, you shall not:

  • Leave rude, harassing, insulting, provocative, discriminating, non-tolerant, religious, racist, political, homophobic, libelous, defamatory, unlawful, threatening, or offensive comments and statements;
  • Post abusive, offensive, obscene, pornographic, infringing, sexually explicit images or any other materials (including links to such materials) prohibited under applicable law or regulations or that otherwise may be in conflict with this Agreement;
  • Provide any medical advice or claim to be a healthcare professional;
  • Advertise any product or service.

At our sole discretion, we reserve our right to:

  • Delete any inappropriate or irrelevant comments or materials;
  • Delete or modify comments containing personal data, such as name, address, or email;
  • Restrict or ban your access to Community Forum at any time and without notice if we determine that the content or use of Community Forum is in violation of this Agreement;
  • Use, copy, modify, reshuffle, move, change, publicly display, publicly conduct and distribute discussions, comments, and materials;
  • Block your comments for any reasons or moderate them as we deem appropriate; or
  • Disable Community Forum at any time without prior notification.

9.4. Any information posted in Community Forum shall not be considered as advice, drug prescription, or treatment suggestion. If in doubt about your health, consult a licensed healthcare professional. Please bear in mind that our users are not healthcare professionals and their recommendations may not only be inaccurate, but also harmful to your health and well-being.

9.5. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE COMMUNICATIONS DECENCY ACT OF 1996, DIRECTIVE ON ELECTRONIC COMMERCE 2000/31/EC), THE COMPANY DISCLAIMS LIABILITY FOR ANY DIRECT OR INDIRECT CONSEQUENCES ARISING FROM THE INFORMATION, LINKS, AND MATERIALS POSTED BY USERS, ANY ACTIONS OR INACTIONS OF USERS, VIOLATIONS OF ANY APPLICABLE LAWS AND REGULATIONS.

10. Passwords

10.1. You are responsible for taking all reasonable steps to ensure that no person other than you shall have access to your App or Service passwords, Account, or Account information. It is your sole responsibility to: (a) control the dissemination and use of your Account information, including passwords; (b) authorize, monitor, and control access to and use of your Account and password; (c) promptly inform the Company as instructed below if you believe your Account or password has been compromised, or if there is any other reason you need to deactivate a password.

Send us an email at hello@monewellnessapp.com.

10.2. You grant the Company and all other persons or entities involved in the operation of the Services the right to transmit, monitor, retrieve, store, and use your Account information in connection with the operation of the App. You further acknowledge and agree that the Services and Account are designed and intended for personal use on an individual basis, and you should not share your account and/or password details with another individual. The Company cannot and does not assume any responsibility or liability for any information you submit, or your or third parties' use or misuse of information transmitted or received arising from using the Services, and shall not be responsible for any losses arising out of the unauthorized use of your Account or information resulting from you not following these rules.

11. Warranty disclaimer

11.1. THE APP AND SERVICES ARE PROVIDED "AS IS", "AS AVAILABLE," AND IS PROVIDED WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED, SAVE TO THE EXTENT REQUIRED BY LAW. NEITHER THE COMPANY, NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, REPRESENTATIVES, SUPPLIERS, PARTNERS, ADVERTISERS OR CONTENT PROVIDERS WARRANTS, AND EACH OF THEM HEREBY EXPRESSLY DISCLAIMS, THAT: (A) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (D) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS; OR (E) THE ACCURACY, RELIABILITY, OR COMPLETENESS OF THE CONTENT, TEXT, IMAGES, SOFTWARE, GRAPHICS, OR COMMUNICATIONS PROVIDED BY THIRD PARTIES ON OR THROUGH THE SERVICES. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

12. Limitation of liability

12.1. IN NO EVENT SHALL THE COMPANY OR ANY OF ITS OFFICERS, DIRECTORS, AGENTS, AFFILIATES, EMPLOYEES, REPRESENTATIVES, SUPPLIERS, PARTNERS, ADVERTISERS, OR DATA PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA) WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), EQUITY, OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE SERVICES. IN NO EVENT WILL THE COMPANY'S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SERVICES EXCEED THE AMOUNTS YOU HAVE PAID TO THE COMPANY FOR USE OF THE SERVICES IN THE PAST YEAR OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. NONE OF THE COMPANY OR ANY OF ITS OFFICERS, DIRECTORS, AGENTS, AFFILIATES, EMPLOYEES, REPRESENTATIVES, SUPPLIERS, PARTNERS, ADVERTISERS, OR CONTENT PROVIDERS, OR ANY THIRD PARTIES MENTIONED ON THE SERVICES SHALL BE LIABLE FOR ANY PERSONAL INJURY, INCLUDING DEATH, CAUSED BY YOUR USE OR MISUSE OF THE SERVICES. THE LAWS OF SOME STATES / COUNTRIES IMPOSE RESTRICTIONS ON LIMITING LIABILITY. NOTHING IN THIS AGREEMENT EXCLUDES OR LIMITS OUR LIABILITY TO YOU WHERE IT WOULD BE UNLAWFUL TO DO SO. WHERE ANY PROVISION IS EXPRESSED TO EXCLUDE OR LIMIT LIABILITY TO A GREATER EXTENT THAN PERMITTED BY APPLICABLE LAW, THAT PROVISION SHALL BE DEEMED TO ONLY EXCLUDE OR LIMIT OUR LIABILITY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

13. Use of mobile devices

13.1. Please note that your carrier's normal rates and fees, such as text messaging and data charges, may still apply if you are using the App on a mobile device.

14. Third-Party Services and links

14.1. The App may provide access to third-party websites, apps, or other products or services ("Third-Party Services"), e.g., through links, redirects, or software integrations. The Company does not control Third-Party Services in any manner and, accordingly, the Company is not responsible for the privacy practices, operations, or other practices of such Third-Party Services, and does not assume any liability associated with such Third-Party Services. Your use of any Third-Party Services other than the Services offered by Mone is at your own risk. The Company's inclusion of links to Third Party Services does not imply any endorsement of any kind by the Company of the material located on or linked to by such Third-Party Services, and should not be deemed as such by any User of the Services. The Company disclaims any responsibility for the products or services offered or the information contained on any Third-Party Services. You should take appropriate steps to determine whether accessing a Third-Party Service is appropriate, including protecting your personal information and privacy when accessing or using any Third-Party Services, and complying with relevant agreements.

You shall not link to our websites, the App, the Content, or the Services in a way that is: (a) illegal; (b) suggests any form of association, approval or endorsement with or by us where none exists; (c) damages or takes advantage of our reputation; or (iv) is unfair.

15. Your feedback

15.1. We welcome your feedback about the App. Unless otherwise expressly declared, any communication you send to us is User Content (as defined above and subject to the license provide above) and deemed to be submitted on a non-confidential basis. You agree that we may decide to publicize such User Content at our own discretion. You agree to authorize us to make use of such contents for free, and revise, modify, adjust and change it contextually, or make any other changes, in each case as we deem appropriate in accordance with the license provided for User Content above.

16. Enforcement rights

16.1. We are not obligated to monitor access or use of the Services. However, we reserve the right to monitor access or use of the Services for purposes of operating and maintaining the Services, ensuring your compliance with this Agreement, and complying with applicable legal requirements. We may disclose unlawful conduct to law enforcement authorities, and pursuant to valid legal process, we may cooperate with law enforcement authorities to prosecute users who violate the law.

16.2. We reserve the right to remove or disable any content posted to the Services or remove or disable access to the Services at any time, in each case without notice and at our sole discretion if we determine in our sole discretion that your content or use of the Services is objectionable or in violation this Agreement.

We may refuse service, terminate access to the Services, close Accounts, and change Service eligibility requirements at any time.

The Company has no liability or responsibility to of the App or any other person or entity for performance or nonperformance of the aforementioned activities.

17. Maintenance and updates

17.1. It may become necessary in Mone's sole discretion to change, expand, upgrade and improve the Services, e.g., to ensure their proper functioning. We may also, at any time, cease to continue operating part or all of the Services or selectively disable certain features of the App. Your use of the App does not entitle you to the continued provision or availability of the Services.

17.2. Any modification or elimination of the Services or any particular features will be done in our sole and absolute discretion and without an ongoing obligation or liability to you.

17.3. We may indefinitely suspend, or discontinue online access to Content associated with Mone at any time, including for service deprecations, maintenance services, or upgrades, without prior notice or liability. We may also discontinue offering certain Content or features. For any Content or features that use online servers, we make no commitment to continue to make those servers available.

18. Indemnity

18.1. You agree to defend, indemnify, and hold the Company, its officers, directors, employees, agents, affiliates, representatives, licensors, suppliers, partners, advertisers and content providers, harmless from and against any claims, actions, demands, liabilities, and settlements including without limitation, reasonable legal and accounting fees, arising out of or resulting from, or alleged to result from, your violation of this Agreement.

19. Dispute Resolution and Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH US AND LIMITS THE MANNER IN WHICH YOU MAY SEEK RELIEF FROM US.

19.1. ARBITRATION: To the fullest extent permitted under applicable law and in the interest of resolving disputes between you and the Company in an expedient and cost-effective manner, you and the Company agree that any dispute, claim, or controversy arising out of or relating to this Agreement (collectively, "Disputes") shall be settled by binding individual arbitration under the Consumer Arbitration Rules of the American Arbitration Association (the "AAA Rules") then in effect, except as modified in this Agreement. The AAA Rules and filing forms are available online at www.adr.org.

20. Governing Law

20.1. To the fullest extent permitted pursuant to applicable law, this Agreement shall be governed by the laws of the State of California, U.S.A. (to the exclusion of its conflict of law rules).

21. Notice and takedown procedures

21.1. If you actually, sincerely, and credibly believe any materials accessible on or from the Services infringe your copyright, then you may request removal of those materials (or access thereto) from the Services by contacting the Company at [hello@monewellness.com address], submitting a written Digital Millenium Copyright Act (DMCA) takedown notification compliant with 17 U.S.C. § 512, and providing the following information:

  • 21.1.1. Identification of the copyrighted work that you believe to be infringed. Please describe the work, and, where possible, include a copy or the location of an authorized version of the work.
  • 21.1.2. Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
  • 21.1.3. Your name, address, telephone number and (if available) e-mail address.
  • 21.1.4. A statement that you have a good-faith belief that the complained use of the materials is not authorized by the copyright owner, its agent, or the law.
  • 21.1.5. A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf.
  • 21.1.6. A signature or the electronic equivalent from the copyright holder or authorized representative.

If the takedown notification does not comply with all the requirements of 17 U.S.C. § 512(c)(3), then it will not be a proper takedown notification and Mone may not act on the notification. Please be aware that knowingly, materially misrepresenting that material is infringing copyright can result in liability for damages (including costs and attorneys' fees) under 17 U.S.C. § 512(f).

Upon removal of any materials, if a User believes that Mone removed a User Contribution by mistake or misidentification, then User may submit a written DMCA counter notification compliant with 17 U.S.C. § 512(g)(3) to [hello@monewellness.com address].

In an effort to protect the rights of copyright owners, the Company maintains a policy for the termination, in appropriate circumstances, of subscribers and Account holders of the Services who are repeat infringers.

22. Other provisions

22.1. We may modify this Agreement from time to time if we think it is necessary (e.g. for legal reasons or to reflect changes in the Services). If we materially change the Agreement, then we will make the updated Agreement available online and make reasonable efforts to tell you about it in advance (e.g. by sending you a notice).

22.2. Once we change the Agreement, then it will become legally binding on you on the date specified in the updated Agreement or in any notice of changes sent to you. During that period, you can contact us at hello@monewellnessapp.com if you have specific questions about the changes.

22.3. If you don't agree to the updated Agreement, then you must stop using the Services. Your continued use of the Services after the effective date of an updated version of the Agreement will indicate your acceptance of the Agreement as modified.

22.4. Successors and Assigns. This Agreement inures the benefit of the parties, including any successors in interest. We have the right to assign our rights and obligations under this Agreement to any affiliates. You may not assign your rights under this Agreement to any third party other than an heir or intestate successor.

22.5. Severability. If for any reason an arbitrator, a court of competent jurisdiction, or any other tribunal finds any provision of this Agreement, or any portion thereof, to be unenforceable, then that provision shall be enforced to the maximum extent permissible so as to affect the intent of this Agreement, and the remainder of this Agreement shall continue in full force and effect. A printed version of this Agreement shall be admissible in arbitral, judicial, or administrative proceedings.

22.6. No waiver by the Company of any term or condition set forth in this Agreement shall be deemed a further or continuing waiver of such term or condition, or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under this Agreement shall not constitute a waiver of such right or provision.

22.7. Upon termination of this Agreement, all provisions of this Agreement that by their nature should survive termination, shall survive termination, including, without limitation, the provisions on dispute resolution and arbitration, all ownership provisions, warranty disclaimers, and limitations of liability.

23. Apple-Specific Terms

The following terms apply to your use of the App when downloaded from the Apple App Store. In the event of any conflict between the following terms and the other terms of this Agreement, the following terms shall control with respect to your use of the App obtained via the Apple App Store.

23.1. Acknowledgment

You acknowledge that this Agreement is concluded between you and Mone Wellness Inc. only, and not with Apple Inc. ("Apple"). Mone, not Apple, is solely responsible for the App and the content thereof.

23.2. Scope of License

The license granted to you for the App is limited to a non-transferable license to use the App on any Apple-branded device 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 App may be accessed and used by other accounts associated with the purchaser via Family Sharing or volume purchasing.

23.3. Maintenance and Support

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

23.4. Warranty

Mone is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App (if any) to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be Mone's sole responsibility.

23.5. Product Claims

You and Mone acknowledge that Mone, not Apple, is responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with the App's use of the HealthKit or HomeKit frameworks (if applicable).

23.6. Intellectual Property Rights

You and Mone acknowledge that, in the event of any third-party claim that the App or your possession and use of the App infringes that third party's intellectual property rights, Mone, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.

23.7. Legal Compliance

You represent and warrant that (i) 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 (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

23.8. Developer Contact Information

Direct any questions, complaints, or claims regarding the App to:

Mone Wellness Inc.
8 The Green, STE B
Dover, Kent County, Delaware 19901
hello@monewellnessapp.com

23.9. Third-Party Terms of Agreement

You must comply with applicable third-party terms of agreement when using the App.

23.10. Third-Party Beneficiary

You and Mone acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof.

24. Questions, complaints, and comments

24.1. If you have any comments or questions about the Services or any part of these Terms of Use, require support, or have any claims, then please contact us at hello@monewellnessapp.com.

For residents of California, in accordance with California Civil Code §1789.3, you may also report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.

The registered office of Mone Wellness Inc. is 8 The Green, STE B, in the City of Dover, County of Kent, Delaware 19901.