Terms & Conditions

(Last Revised: June 16, 2020)

Introduction


MOOON Dating app (later App) is owned and operated by ConsoleHive Oü (Ltd.), a company registered in Estonia with register number 14517511. Registered post address is Pagari 1-8, 10133 TALLINN, ESTONIA (later Mooon, we, us). By using the App you agree to be bound by these terms of use (Terms) together with the privacy policy accessible in the App (later Privacy Policy). These Terms and the Privacy Policy affect your legal rights and obligations so please read them carefully. If you do not agree to be bound by these Terms and/or the Privacy Policy, do not use the App. If you have any questions, you can contact us at hello@mooonapp.com.


We reserve the right to update these Terms from time to time at our discretion. If we do so, the updated version will be effective as soon as it is accessible. You are responsible for regularly reviewing these Terms so that you are aware of any changes to them.



Registration


To use the App, you must be at least 18 years of age, legally capable of entering into a contract and not be registered as a sex offender anywhere in the world.


You can register at the App through your Facebook or with your mobile number. If you register at the App through Facebook, you authorise us to access and use on the App your Facebook account information, including your public profile. You are responsible for maintaining the confidentiality of the login credentials you choose during the registration process, and you are solely responsible for all activities that occur under your account. Please take precautions to protect your login credentials and contact us at hello@mooonapp.com, if you believe there has been any unauthorized use of your account.


You may only register on the App using your own details, and all information you provide to us on registration must be accurate and complete.



Use of the app


The App enables users to upload personal information, including their own perception of their aesthetic characteristics, and to upload photographs. The App will then match users to other users if the drink voucher is accepted by the receiver. Each user will be able to see the personal information and photographs provided by a user that they agree to connect with.


Users can send 2 for 1 -vouchers to any user for free. That voucher can be used by the user him/herself as well. There will be 2 of those vouchers available first time users. More of these free vouchers can be earned with referring the app.


Users can chat within the App if voucher receiver accepts the drink voucher. If not, then the voucher will be returned to the sender. Receiver has 24hours time to accept the voucher. The accepted voucher must be used within 30 days.


We permit users to use the App for your own personal use. The App must not be used for any illegal or unauthorised purpose. Users of the App may not use any information obtained from the App to advertise to, solicit, or sell to any other user without his or her prior explicit consent.


When you use the App you must comply with all applicable Estonian laws and with any applicable international laws, including the local laws in your country of residence. In particular, but without limitation, you agree not to



Your content


There are many opportunities for you to interact and provide content to the App and to interact with other users (User Content). You understand and agree that User Content may be viewed by other users on the App, and that they may be able to see who has posted User Content. You further agree that we can use User Content for any other purposes, and combine User Content with other content for use within the App and otherwise. We do not have to attribute User Content to the user who first provided that User Content.


User Content must comply with all applicable laws and regulations. In particular, but without limitation, your User Content must not


We are not responsible and accept no liability for User Content including any User Content that contains incorrect information or is defamatory about another user. We accept no obligation to screen, edit or monitor any User Content but we reserve the right to remove, screen and/or edit any User Content without notice and at any time. We do not necessarily endorse any opinion or statement contained in any User Content.



Meeting other users


You understand that we do not investigate the backgrounds of any users or check the information provided by users. You agree to take all necessary precautions in all interactions with other users, particularly if you decide to communicate outside the App or meet in person. We shall have no liability to you whatsoever in relation to your interactions with other users of the App.


Please watch here some safety tips of online-dating.



The app content


The copyright in all material contained in the App including all information, data, text, images, and all source code and other software is owned by or licensed to us (Our Content). All rights are reserved. You can view, print or download extracts of the Content for your own use but you cannot otherwise copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit, disseminate in any form whatsoever or use Our Content without our permission.


The MOOON™ trade mark is owned by ConsoleHive Oü.



Link to third party content


The App may contain links to websites or apps operated by third parties. We do not have any influence or control over any such third party websites or apps and we are not responsible for and do not endorse any third party websites or apps or their availability or content.


We accept no responsibility for adverts contained within the App. If you agree to purchase goods and/or services from any third party who advertises in the App, you do so at your own risk. The advertiser, and not us, is responsible for such goods and/or services and if you have any questions or complaints in relation to them, you should contact the advertiser.



Liability and disclaimer - Your attention is particularly drawn to this section


Use of the App is at your own risk. The App is provided on an “as is” basis. To the maximum extent permitted by law:


We will not be liable, in contract, tort (including negligence), under statute or otherwise, as a result of or in connection with the App, for any


If we are liable to you directly or indirectly in relation to the App, that liability (howsoever arising) shall be limited to the greater of the sums paid by you to use the App during the previous 6 months and €50,00. Nothing in these Terms shall be construed as excluding or limiting the liability of us for death or personal injury caused by its negligence, for fraud or fraudulent misrepresentation or for any other liability which cannot be excluded by Estonian law.



Availability


We will use reasonable endeavours to make the App available to you at all times. However, there may be occasions when access to the App may be interrupted, including for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. In addition, you acknowledge that the Internet may be subject to breaches of security and that the submission of content and interactions with other users may not be secure.


We reserve the right to remove any content or features from the App for any reason, without prior notice and/or to suspend or cease providing any services relating to the App without notice, and shall have no liability or responsibility to you in any manner whatsoever in such circumstances.



Termination


We may suspend or delete your account if

If we delete your account, you may not re-register under a different name and you acknowledge that your User Content may be deleted.


You may ask to terminate and delete your account at any time by raising a support request from Settings -> Help & Support in the app or by contacting us at hello@mooonapp.com



General


These Terms and the Privacy Policy (as amended from time to time) constitute the entire agreement between you and us concerning your use of the App. If any provision of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be construed, as nearly as possible, to reflect the intentions of the parties and all other provisions shall remain in full force. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.


You consent to receive all communications including notices and other information from us electronically. We may provide all such communications by email, text or by posting them on the App.


If you have any complaint or wish to raise a dispute under these Terms or otherwise in relation to the App please follow this link http://ec.europa.eu/odr


These Terms shall be governed by and construed in accordance with Estonian law and you agree to submit to the exclusive jurisdiction of the Estonian Courts.



Additional terms for users who downloaded the app from Apple App Store


We both acknowledge that these Terms are concluded between you and us only, and not with Apple, and therefore, we, not Apple, are solely responsible for the App and the content thereof


The licence granted to you for the App is limited to a non- transferable licence to use the App on an iPhone, iPad or iPod touch that you own or control and as permitted by the Usage Rules set forth in the App Store Terms and Conditions.


We, not Apple, are solely responsible for providing any maintenance and support services with respect to the App, as specified in this Agreement. We both acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.


We are solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed in these Terms. 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 (if any) for the App to you. To the maximum extent permitted by 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 our sole responsibility.


We both acknowledge that we, not Apple, are responsible for addressing any claims by you or any third-party relating to the App or your use or possession of the App, including, but not limited to


We both 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, we, not Apple, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.


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


We both acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this Agreement, and that, upon acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.

ConsoleHive OÜ
Tallinn, Estonia
hello@mooonapp.com