1. About These Terms
These Terms of Use ("Terms") govern your use of the Moonphase mobile application (the "App"), connected recording devices we provide ("Devices"), the software and firmware supplied with them, and our related recording, content, and AI services (together, the "Services"). In these Terms, "we," "us," and "our" refer to NOOKLAB LIMITED, the provider of the Services, and "you" refers to the individual or organization entering into these Terms as described in Section 2.
Please read these Terms before accepting them. You enter into an agreement with us when you indicate your acceptance through the process presented to you. If you do not accept these Terms, you must not use the Services governed by them. If you have already purchased a Device, your rights under the applicable sales terms and law remain unaffected.
These Terms cover use of the Devices and Services. Orders, delivery, returns, repairs, and any commercial hardware warranty are governed by the applicable sales and after-sales terms. Ownership of a Device you purchase is separate from the license to use its software and the right to access our online Services. Nothing in these Terms removes any statutory rights you have in relation to your purchase.
Additional terms may apply to a particular optional service. We will make them available before you choose to use or purchase that service. If there is a conflict, the additional terms apply only to the subject matter of that service. Your mandatory rights under applicable law remain unaffected.
2. Eligibility and Your Account
You must have the legal capacity to enter into these Terms under the laws that apply to you. The Services are not directed to children. If an individual accepts these Terms on behalf of an organization or another person, they must have authority to bind that organization or person, which will be the party to this agreement. Anyone using the Services on that party's behalf must be authorized to do so and comply with the provisions of these Terms applicable to their use.
Some Services require an account. You must provide accurate registration information and keep information needed to manage your account up to date. You must take reasonable steps to protect your login credentials and any access credentials you create or use with the Services. Do not allow another person to access your account without appropriate authority.
Please notify us promptly if you become aware that your account or access credentials have been compromised. You are responsible for instructions you authorize and for your own failure to take reasonable precautions. This does not make you responsible for unauthorized activity caused by our failure to meet our obligations.
3. Devices, Software License, and Service Availability
Subject to these Terms, we grant you a limited, non-exclusive license to install and use the App and to use the software and firmware supplied with a Device for their intended purposes on devices you own or are authorized to use. This license permits your own lawful personal or work-related use. It does not permit you to resell our Services, sublicense our software, or make our software or platform available to third parties as a standalone service without our agreement. This restriction does not prevent you from using the Services in the course of your own lawful work for clients. Open-source components remain subject to their applicable licenses, and nothing here limits rights those licenses grant you.
You must use a Device only if you own it or have the owner's permission. Follow the applicable user instructions and safety guidance. Before transferring a Device or allowing another person to use it, take reasonable steps to protect your account and content, including removing personal content and disconnecting your account where applicable. A transfer of the physical Device does not, by itself, transfer your account or any personal service entitlement.
Certain features depend on a compatible phone, operating system, network connection, account, or external service. Features provided through our servers require access to the relevant online Services. Applicable compatibility requirements and material limits form part of the service information made available to you. We will not use a general statement about availability to override specific commitments made to you when you obtained the Device or Services.
We may provide App or firmware updates to maintain security, compatibility, and functionality. We will provide updates required by applicable law or our agreement with you. Where an update is necessary for continued use of an affected feature, we will explain the requirement and the consequences of not installing it. Changes that materially affect the Services are addressed in Section 9.
Additional Terms for the Apple App Store
The following terms apply if you download the App from Apple's App Store (the "Apple App"). For the Apple App, these additional terms take priority over any inconsistent provisions of these Terms.
You and we acknowledge that these Terms are an agreement between you and us only, and not with Apple. We alone are responsible for the Apple App and its content.
Your license for the Apple App is non-transferable and permits use on Apple-branded products you own or control, in accordance with the usage rules in the Apple Media Services Terms and Conditions in effect when these Terms take effect. Other accounts associated with the purchaser may access and use the Apple App through Family Sharing or volume purchasing as those rules permit.
We alone are responsible for any maintenance and support for the Apple App specified in these Terms or required by law. Apple has no obligation to provide maintenance or support for the Apple App.
We are responsible for applicable express and legally implied warranties that have not been validly excluded. If the Apple App fails to meet an applicable warranty, you may notify Apple, which will refund the price paid for the Apple App. To the fullest extent allowed by law, Apple has no further warranty responsibility; we remain responsible for other resulting claims, losses, liabilities, damages, costs, and expenses.
We, rather than Apple, are responsible for addressing your or another person's claims concerning the Apple App or its possession or use, including product liability, regulatory compliance, consumer protection, and privacy claims. If a third party claims that the Apple App or your possession or use of it infringes intellectual property rights, we alone are responsible for investigating, defending, settling, and resolving that claim. Nothing in these Terms limits our liability beyond what applicable law allows.
You represent and warrant that you are not in a country under a U.S. government embargo or designated by that government as supporting terrorism, and that you are not on any U.S. government list of prohibited or restricted parties. You must comply with applicable third-party agreements when using the Apple App, including your network provider's terms.
You and we agree that Apple and its subsidiaries are third-party beneficiaries of these Terms as they apply to the Apple App. When you accept these Terms, Apple is entitled, and is deemed to have accepted the entitlement, to enforce them against you in that capacity.
Questions, complaints, and claims about the Apple App should be directed to us using the developer contact details in Section 11.
4. Acceptable Use and Recording Responsibilities
You must use the Devices and Services lawfully and respect the rights of others. Before recording another person or providing their content to the Services, you must give the notices and obtain the consent or other permission required by applicable law and your confidentiality obligations. These requirements also apply to the transcription, AI processing, identification, or sharing you request. If a required permission is absent or is withdrawn, you must stop the affected activity to the extent required by law. You must not use the Services for unlawful covert recording, surveillance, harassment, or identification of another person.
You must not knowingly record where recording is prohibited or use a recording in a way that violates another person's privacy, confidentiality, or intellectual property rights. Do not deliberately obscure, disable, or interfere with recording indicators or safety controls provided with a Device in order to conceal recording. Your acceptance of these Terms does not establish that another person has consented to being recorded or to any further use of their voice or information.
You must not:
- access another person's account, Device, or content without authorization;
- use the Services to create, submit, or distribute unlawful content or content that infringes another person's rights;
- interfere with the security or operation of the Services, introduce malicious code, or bypass access controls or usage limits;
- extract data from the Services through unauthorized automated means or misuse connection credentials;
- copy, modify, reverse engineer, or distribute our software, attempt to extract non-public source code or model parameters, or remove proprietary notices, except as permitted by these Terms, an applicable license, or law; or
- misrepresent your identity or authority, or use automated features to perform an action you are not entitled to perform yourself.
5. Your Content and Intellectual Property
"User Content" means recordings, text, questions, instructions, and other material you record, submit, or make available through the Services. As between you and us, you retain the intellectual property rights you hold in your User Content. You represent that you have the rights and permissions needed to provide it, grant the license below, and request its use through the Services without violating applicable law or another person's intellectual property, privacy, or confidentiality rights. This does not mean you own rights belonging to other speakers, authors, or rights holders.
You grant us a non-exclusive, worldwide, royalty-free license to host, store, reproduce, transmit, format, and process your User Content as reasonably necessary to provide the Services to you, including transcription, generating requested results, and sharing or connections you authorize, and to support, secure, and administer those Services, investigate suspected misuse, or comply with applicable law. We may sublicense these rights to providers acting on our behalf only as needed for those purposes.
This license continues for as long as necessary for those purposes, including for copies lawfully retained after deletion or termination. This license does not, by itself, authorize use of your User Content for advertising or for AI model training for purposes separate from providing the AI features you request. Our processing of personal information is described in our Privacy Policy.
If you choose to share User Content, you authorize us to make it available to the recipients you select, within the scope of the sharing you request. Sharing content does not transfer ownership of it. We do not grant other users a general license to access your private content merely because you use the Services.
The App, firmware, models, algorithms, interfaces, templates, documentation, trademarks, and other technology or materials we supply remain owned by us or our licensors. Your rights in User Content and AI Output do not transfer ownership of that underlying technology or those materials. You may use materials we supply as part of your authorized use of the Services and their results, subject to any applicable license. You receive no right to sell or distribute our software, models, templates, or other materials as standalone products without our permission.
If you voluntarily provide product ideas or suggestions ("Feedback"), you grant us a perpetual, non-exclusive, worldwide, royalty-free license to use and adapt that Feedback to develop, improve, and provide products and services, and to permit providers acting on our behalf to do the same. You should not include another person's confidential information in Feedback without permission. This license covers the ideas or suggestions themselves; it does not expand our rights to use private recordings, other User Content, or personal information attached to or discussed in Feedback.
Where reasonably necessary to investigate a credible report of infringement, unlawful activity, or misuse, or to comply with law, we may review the relevant content and restrict access to or remove affected content. Any review and action must comply with applicable law, our Privacy Policy, and the safeguards in Section 9. We do not undertake to verify every recording or permission in advance. To report an infringement or challenge an action affecting your content, use the contact details in Section 11 and provide enough information to identify the content and explain your concern.
6. AI Features and Third-Party Services
The Services use AI to assist with tasks such as transcription, summaries, questions, and organizing information. AI-generated content ("AI Output") may contain errors, omissions, or incorrect attributions, including because of recording quality or incomplete context. Review relevant source material before relying on AI Output or sharing it as an accurate record. Do not knowingly present fabricated or materially altered AI Output as an authentic recording or statement by another person. AI Output is not a substitute for professional advice and should not be the sole basis for a decision with significant legal, financial, medical, or safety consequences.
As between you and us, we do not claim ownership of AI Output solely because our Services generated it. You may use AI Output for lawful personal, work-related, or commercial purposes, consistently with these Terms. AI Output may not be unique, may not qualify for intellectual property protection, and may contain material subject to third-party rights. We do not guarantee exclusive rights in AI Output or grant rights in third-party material that we are not entitled to grant. Your use must respect those rights and the protections for our underlying technology and materials in Section 5.
AI features may use models operated by us or by providers acting on our behalf. Processing your content to deliver a requested AI feature is covered by the limited license in Section 5 and remains subject to Section 7. It does not create a general permission for separate model training. If additional user-facing terms apply to a particular AI feature, we will make them available before you choose to use it. The models or providers supporting a feature may change, subject to Section 9 and any specific commitments made to you at purchase.
Where the Services allow you to connect an external account or tool, you decide whether to enable that connection. You authorize us to access, transmit, or make content available, and to carry out supported actions, only within the scope of the instructions and permissions you provide. You must have authority to connect the account and request those actions. A statement in a recording or an AI-generated suggestion does not, by itself, authorize an external action.
If you enable an automated action, your authorization is limited to the scope and conditions presented to you when you enable it. Changing or withdrawing that authorization applies to future access and actions after the change takes effect; it may not reverse an action already completed. To withdraw a connection or automated-action authorization, follow the process applicable to that feature. You may contact us for information about that process. Please review the instructions and any confirmation presented for an action before authorizing it.
Independent third-party services are provided by their own operators under their applicable terms. Their availability and features may change, and an action may depend on their response. We remain responsible for our own obligations, including acting within your authorization and using reasonable care in operating our part of a connection. The use of external technology providers to deliver our Services does not, by itself, transfer our responsibilities to you.
7. Personal Information
Our Privacy Policy explains how we collect, use, disclose, retain, and protect personal information and how you can exercise your privacy rights. Additional notices may apply to particular features. For privacy requests, including requests to withdraw a third-party service's access to personal information, please use the contact details provided in that policy. Accepting these Terms does not replace any separate notice, consent, permission, or other legal requirement applicable to personal information processing, including information about other people.
The content licenses and action authorizations in these Terms are subject to applicable data protection law. They do not limit the rights described in our Privacy Policy or permit processing beyond what is lawful.
8. Service Fees and Optional Paid Services
If we offer paid memberships, add-ons, usage-based services, or other optional paid services, we will disclose the price, included benefits, duration, material usage limits, and applicable purchase terms before you choose to buy. You are responsible for charges you agree to incur. Accepting these Terms alone does not authorize a purchase, renewal, or additional usage charge.
Specific paid-service or subscription terms and the offer accepted at purchase may supplement these Terms as described in Section 1. If you purchase through an app store or another authorized channel, its applicable billing, cancellation, and refund rules also apply. Any service benefits expressly included with your purchase of a Device remain subject to the commitments made at purchase and applicable law. We will not reduce an existing entitlement merely by introducing a new optional paid service.
If you select a recurring subscription or a trial that converts to a paid service, we may charge the amount and at the intervals you authorize under the disclosed offer. You may cancel future renewals through the process applicable to your purchase channel. The effective date of cancellation, any remaining access, and any refund are determined by the applicable purchase terms, channel rules, and law. We will give the notice and obtain any further authorization required by law before a change to recurring charges takes effect.
If a service includes credits, quotas, or usage limits, their consumption, renewal, carry-over, and expiry rules will be stated in the applicable offer. We may enforce those disclosed limits and pause the affected feature when its allowance is exhausted, until access is renewed or you obtain additional allowance. Usage beyond an allowance, including through an automated action, will result in additional charges only if you have authorized those charges. A change to prices or allowances will apply prospectively, with any notice and cancellation rights required by law, and will not override an existing purchase commitment.
If an undisputed payment is overdue, we may suspend the affected paid service after notifying you and giving you a reasonable opportunity to pay or raise a billing concern, subject to Section 9 and applicable law. Please contact the applicable billing channel about a disputed charge. A payment issue does not, by itself, remove your ownership of a Device or rights to separately purchased or otherwise unaffected services.
9. Changes, Suspension, and Termination
We may maintain and update the Services for valid reasons, such as addressing security issues, meeting legal requirements, adapting to changes in third-party systems, or improving functionality. We will give you reasonable advance notice of changes that materially adversely affect your access to or use of the Services, and provide any other notice required by applicable law. Where applicable law permits earlier action for urgent legal or security reasons, we may make a change before giving advance notice and will inform you as soon as reasonably practicable. Any change remains subject to our existing commitments and your rights under applicable law.
If a change materially reduces a service you have paid for, or if we discontinue that service before the end of an agreed period, we will provide the remedies required by applicable law and the applicable purchase terms, including any right to terminate and receive a refund. We will explain material effects on associated Device functionality and give reasonable notice of planned discontinuation. This does not limit any rights relating to a Device whose functions depend on the discontinued service.
We may restrict or suspend access where reasonably necessary to address a material breach of these Terms, unauthorized access, unlawful activity, or a significant security risk, or where required by law. We will make the restriction proportionate to the circumstances and, where reasonably possible and lawful, explain the reason and give you an opportunity to resolve the issue. We may terminate your account or access to affected Services for a material breach that cannot be remedied or remains unremedied after notice and a reasonable opportunity to remedy it, or where required by law. We will notify you of the reason and effective date before termination, unless applicable law requires or permits earlier action for urgent legal or security reasons; in that case, we will notify you as soon as reasonably practicable and lawful. You may contact us to request a review of a restriction. If you request a review, we will assess whether the grounds for the restriction remain and lift it where you remain entitled to access under these Terms and applicable law. This does not require reinstatement of an account or Service that has otherwise been lawfully terminated, or limit any remedy available to you under applicable law.
You may stop using the Services and request closure of your account by contacting us. Uninstalling the App or disconnecting a Device does not, by itself, close your account or cancel a separately purchased subscription. Any subscription must be canceled through the process applicable to that purchase.
When your account is closed or access ends, your right to use account-dependent Services ends. We will handle personal information in accordance with our Privacy Policy and applicable law. Any right to obtain or retrieve content when access ends will be handled in accordance with applicable law and any specific commitments made to you. A notice of planned discontinuation will explain any applicable arrangements for content retrieval, including the methods and periods available. Content that has already been lawfully deleted may no longer be available. Independent recipients may retain copies you previously shared with them under their own obligations. Termination does not remove your ownership of a purchased Device or any statutory rights, and it does not automatically terminate rights granted under separate open-source licenses.
Terms concerning accrued rights, intellectual property, any limited lawful retention of content, liability, and dispute resolution continue only to the extent needed to give them effect after termination.
10. Our Responsibilities and Liability
We will provide the Services with reasonable care and skill and in accordance with applicable law and the commitments we make to you. We do not promise that the Services or AI Output will always be available, accurate, or error-free. These limitations do not remove any express commitment, legal guarantee, or remedy that applies to the Devices or Services.
To the extent permitted by law, we are not responsible for a loss to the extent it is caused by your unlawful use, an action taken outside your authority, or an independent third party's conduct for which we are not legally responsible. We remain responsible to the extent our breach, negligence, or other legally attributable conduct causes or contributes to the loss. You must take reasonable steps to avoid or reduce a loss, without giving up your legal rights.
If a third party brings a claim against us because of your intentional or negligent material breach of the recording or content obligations in Sections 4 or 5, we may seek reimbursement, to the extent permitted by law, for reasonably foreseeable direct losses and reasonable legal costs caused by that breach. Reimbursement is limited to amounts finally awarded against us or included in a settlement you agree to, and reasonable legal costs actually incurred. We will give you prompt notice and a reasonable opportunity to respond before seeking reimbursement, and take reasonable steps to reduce the loss. This does not cover any loss caused by our own breach, negligence, or other conduct for which we are legally responsible.
Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited, including liability for fraud, death or personal injury caused by negligence, or any mandatory consumer, product liability, or data protection rights. Your rights and remedies under applicable law take priority over any inconsistent provision of these Terms.
11. Changes to These Terms, Disputes, and Contact
We may update these Terms to reflect changes to the Services or applicable law. We will make the revised Terms available and state when they take effect. We will provide reasonable advance notice of changes that materially affect your rights or obligations, unless applicable law permits earlier action for an urgent legal or security reason, in which case we will inform you as soon as reasonably practicable. Where required by applicable law, we will obtain your agreement before a change applies. Changes will not retroactively alter rights or obligations that have already arisen. If you do not agree to a proposed material change, you may stop using the affected Services and exercise any termination or refund rights available to you.
If you have questions about these Terms, account issues, or complaints concerning the Devices or Services, please contact NOOKLAB LIMITED at support@hellomoonphase.com. We will try to resolve concerns fairly. Contacting us does not prevent you from seeking a remedy from a court, regulator, or other competent body, or require you to wait beyond any applicable deadline.
For the Apple App, the developer is Nooklab Co., Ltd., located at ROOM 1 BLOCK A 8/F FASTINDUSTRIAL BUILDING 658 CASTLEPEAK ROAD LAI CHI KOK KL. Email: support@hellomoonphase.com.
The law governing these Terms and the courts with authority to hear a dispute are determined by applicable law. If you are a consumer, nothing in these Terms deprives you of mandatory protections of your country of residence or requires you to use arbitration instead of a court. We do not require you to waive rights to bring or participate in a claim that applicable law protects.
We may transfer this agreement as part of a reorganization or transfer of the relevant business, provided the transfer does not reduce your rights and any notice or consent required by law is provided or obtained. You may not transfer your account or agreement without our consent, unless applicable law allows it. This restriction does not prevent a lawful sale or gift of a Device.
If a provision is unenforceable, the remaining provisions continue to apply to the extent permitted by law. A failure to enforce a provision immediately does not waive the right to enforce it later. These Terms, together with applicable additional terms you accept, govern your use of the Services, without excluding information, promises, or rights that applicable law treats as binding.