Terms of Service

1. Agreement to Terms

By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services.

We may modify these Terms at any time. We will notify you of material changes via email or through the Services. Your continued use of the Services after such notification constitutes acceptance of the modified Terms.

2. Service Provider Information

3. Eligibility

You must be at least 13 years old to use our Services. By using the Services, you represent and warrant that you are at least 13 years of age.

If you are using the Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

4. Account Registration

To access certain features of the Services, you must register for an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Maintain the security of your password and account
• Notify us immediately of any unauthorized use of your account
• Accept responsibility for all activities that occur under your account

We reserve the right to suspend or terminate accounts that violate these Terms or engage in fraudulent activity.

5. Subscriptions and Billing

5.1 Payment Processing

All payments are processed by Paddle.com Market Limited, our authorized payment processor and Merchant of Record. Paddle is responsible for collecting payment, handling refunds, and maintaining PCI-DSS compliance.

By subscribing to a paid plan, you authorize Paddle to charge your payment method on a recurring basis according to your selected billing cycle (monthly or annual).

5.2 Billing Cycles

Subscriptions renew automatically at the end of each billing period unless canceled before the renewal date. You will be charged on the same day of each billing period.

5.3 Price Changes

We reserve the right to change our pricing at any time. Price changes will not affect your current billing period. You will be notified of price changes at least 30 days before they take effect. Continued use of the Services after a price change constitutes acceptance of the new pricing.

5.4 Taxes

All prices are exclusive of applicable taxes (VAT, GST, sales tax, etc.). Paddle will calculate and collect applicable taxes based on your billing address.

6. Cancellation and Refunds

6.1 Cancellation

You may cancel your subscription at any time through your account settings or by contacting support. Upon cancellation:

• You will retain access to paid features until the end of your current billing period
• No further charges will be made
• Your account will revert to the free plan (if available) at the end of the billing period

6.2 Refund Policy

Monthly subscriptions: No refunds are provided for monthly subscriptions. Your access will continue until the end of the current billing period after cancellation.

Annual subscriptions: Refunds may be requested within 7 calendar days of the initial purchase or renewal. To request a refund, contact us at moonlightember1@gmail.com.

Refunds are processed through Paddle and may take 5-10 business days to appear in your account.

7. Acceptable Use

You agree not to use the Services to:

• Violate any applicable laws or regulations
• Infringe upon the intellectual property rights of others
• Transmit malware, viruses, or other malicious code
• Attempt to gain unauthorized access to our systems or other users' accounts
• Interfere with or disrupt the Services or servers
• Use automated scripts or bots to abuse rate limits or extract data
• Resell or redistribute the Services without our written permission
• Reverse engineer, decompile, or attempt to discover the source code of the Services
• Use the Services for any unlawful or fraudulent purpose

8. Intellectual Property

8.1 Our Rights

The Services, including all software, content, designs, and trademarks, are owned by Moonlight Ember and are protected by copyright, trademark, and other intellectual property laws. These Terms do not grant you any ownership rights to the Services.

8.2 Your Content

You retain ownership of all data and content you upload to the Services ("Your Content"). By using the Services, you grant us a limited, non-exclusive license to store, process, and display Your Content solely for the purpose of providing the Services to you.

We will not share or use Your Content for any purpose other than providing the Services, except as required by law or with your explicit consent.

9. Data and Privacy

Your use of the Services is governed by our Privacy Policy, which describes how we collect, use, and protect your personal information.

By using the Services, you consent to the collection and processing of your data as described in our Privacy Policy.

10. Service Availability

We strive to provide reliable and uninterrupted access to the Services. However, we do not guarantee that:

• The Services will be available at all times without interruption
• The Services will be error-free or secure
• Any defects in the Services will be corrected

We reserve the right to suspend or discontinue the Services, or any part thereof, at any time with or without notice. We are not liable for any interruption or discontinuation of the Services.

11. Account Termination

11.1 Termination by You

You may terminate your account at any time through your account settings or by contacting support. Upon termination:

• Your account will enter a 30-day grace period during which you can restore it
• After 30 days, your account and all associated data will be permanently deleted
• Active subscriptions will be canceled (see Section 6 for refund policy)

11.2 Termination by Us

We reserve the right to suspend or terminate your account if:

• You violate these Terms or our Acceptable Use Policy
• Your account is used for fraudulent or illegal activity
• Your payment method fails and you do not update it within 7 days
• We are required to do so by law

We will provide reasonable notice before terminating your account, except in cases of severe violation or legal requirement.

12. Warranties and Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

WE DO NOT WARRANT THAT:

• The Services will meet your specific requirements
• The Services will be uninterrupted, timely, secure, or error-free
• The results obtained from using the Services will be accurate or reliable
• Any errors in the Services will be corrected

You use the Services at your own risk. We are not responsible for any damage to your computer system or loss of data that results from using the Services.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MOONLIGHT EMBER SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• Your use or inability to use the Services
• Unauthorized access to or alteration of your data
• Statements or conduct of any third party on the Services
• Any other matter relating to the Services

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM, OR $100 USD, WHICHEVER IS GREATER.

14. Indemnification

You agree to indemnify, defend, and hold harmless Moonlight Ember from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in any way connected with:

• Your violation of these Terms
• Your violation of any rights of another party
• Your use or misuse of the Services
• Your Content uploaded to the Services

15. Governing Law and Dispute Resolution

15.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of Ukraine, without regard to its conflict of law provisions.

15.2 Dispute Resolution

In the event of any dispute, controversy, or claim arising out of or relating to these Terms or the Services, the parties agree to first attempt to resolve the dispute through informal negotiation.

If informal resolution is unsuccessful within 30 days, either party may submit the dispute to the courts of Kyiv, Ukraine, and you consent to the exclusive jurisdiction and venue of such courts.

16. Changes to the Services

We reserve the right to modify, suspend, or discontinue any part of the Services at any time, with or without notice. We may also add new features, remove existing features, or change pricing. We are not liable to you or any third party for any modification, suspension, or discontinuation of the Services.

17. Miscellaneous

17.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Moonlight Ember regarding the Services and supersede all prior agreements.

17.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

17.3 Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

17.4 Assignment

You may not assign or transfer these Terms or your account without our prior written consent. We may assign these Terms without restriction.

18. Contact Information

If you have any questions about these Terms, please contact us: