Terms of Service

THESE TERMS CONTAIN A BINDING ARBITRATION AGREEMENT, A CLASS ACTION WAIVER, A MASS ACTION WAIVER, AND A JURY TRIAL WAIVER (SEE SECTIONS 18–25) THAT AFFECT YOUR LEGAL RIGHTS. DISPUTES WILL BE RESOLVED ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION, EXCEPT AS EXPRESSLY PROVIDED HEREIN. YOU HAVE THE RIGHT TO OPT OUT OF ARBITRATION AS DESCRIBED IN SECTION 22.4.

BY ACCESSING OR USING OUR WEBSITE OR PURCHASING FROM US, YOU ACCEPT AND ARE BOUND BY THESE TERMS IN THEIR ENTIRETY. IF YOU DO NOT AGREE, YOU MUST NOT ACCESS OR USE THE WEBSITE.

This website is operated by Moonly, a brand operated by Moonly LLC ("Moonly," "we," "us," or "our"). Moonly offers this website, including all information, tools, products, and services available from this site (collectively, the "Services"), to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our "Service" and agree to be bound by these Terms of Service ("Terms of Service," "Terms"), including the additional terms, conditions, and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the site, including browsers, vendors, customers, merchants, and contributors of content.

Please read these Terms carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms. If you do not agree to all of these Terms, you may not access the website or use any Services.

Our store is hosted on Shopify Inc., which provides us the online e-commerce platform that allows us to sell our products and Services to you.

We reserve the right to update, change, or replace any part of these Terms by posting updates and/or changes to our website. If changes are material, we will provide reasonable notice via email, account notification, or website banner. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes binding acceptance of those changes.

By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority and have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose, nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms, viruses, or any code of a destructive nature.

You further agree that all products purchased from us are intended for personal use only and not for resale, redistribution, export, or commercial use unless expressly authorized by us in writing. We reserve the right to refuse or cancel any order that we believe, in our sole discretion, may involve unauthorized resale, distribution, or misuse of our products or brand. A breach or violation of any of these Terms will result in immediate termination of your Services.

We reserve the right to refuse Service to anyone for any reason at any time.

You understand that your content (excluding credit card information) may be transferred unencrypted and may involve (a) transmissions over various networks and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service without express written permission from us.

We reserve the right to refuse, limit, or cancel orders, accounts, or access where we suspect, in our sole judgment, fraud, abuse, unauthorized resale, deceptive conduct, or misuse of our products, brand, content, trademarks, product descriptions, testimonials, or marketing materials.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

We are not responsible if information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information, which necessarily is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information. You agree that it is your responsibility to monitor changes to our site.

For the avoidance of doubt, any information relating to sleep, health, supplementation, ingredients, or product usage is provided for informational purposes only and is not medical advice.

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice. We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service.

We may also modify product formulations, packaging, pricing, promotions, shipping methods, or availability at any time in our sole discretion.

Certain products or Services may be available exclusively online and may have limited quantities, subject to return or exchange only according to our Refund Policy. We have made every effort to display as accurately as possible the colors and images of our products. We cannot guarantee that your device's display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region, or jurisdiction, on a case-by-case basis, and to limit quantities. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or Service made on this site is void where prohibited.

All products sold by Moonly, including Moonly Sleep Support Capsules, are dietary supplements and are not intended to diagnose, treat, cure, or prevent any disease, including insomnia or any other sleep disorder. Statements made on this website have not been evaluated by the United States Food and Drug Administration.

All information provided on this website is for informational and educational purposes only and is not medical, legal, or professional advice. You should consult a qualified healthcare professional before using any product, especially if you are pregnant, nursing, taking medication (including sedatives or sleep aids), or have a medical condition. Moonly products contain melatonin and are intended for adults only; do not take before driving or operating machinery. Individual results may vary, and we do not guarantee any specific results.

Any reliance you place on information presented on or through the website is strictly at your own risk. Moonly disclaims all liability arising from any reliance placed on website materials, any interpretation of product descriptions or educational content, and any third-party materials or testimonials appearing on the website.

If a product is temporarily out of stock or unavailable after an order is placed, no payment will be captured for that item until it becomes available for shipment. We reserve the right to cancel or delay orders affected by inventory shortages, and customers will be notified accordingly.

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order, including orders placed under the same customer account, the same credit card, and/or the same billing or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

Order confirmation does not constitute acceptance. We reserve the right to accept or decline any order at our sole discretion.

You agree to provide current, complete, and accurate purchase and account information for all purchases. You agree to promptly update your account and other information, including your email address, credit card numbers, and expiration dates, so that we can complete your transactions and contact you as needed.

You are responsible for any chargebacks, reversed payments, or fees, and we reserve the right to recover funds, suspend services, or take further action where necessary.

All charges are in U.S. Dollars.

By providing a payment method and submitting payment information, you represent and warrant that: (i) you are fully authorized to use that card or account; (ii) all payment information you provide is complete and accurate; (iii) you will be responsible for any payment card fees; and (iv) sufficient funds exist to pay the amounts due. You authorize Moonly to charge your payment method for products purchased, subscription renewals, shipping charges, applicable taxes, and any other disclosed fees. If payment is declined, we may suspend or cancel your order.

Account Updater. We and our third-party payment service providers may request and receive updated credit card information from your card issuer (such as updated card numbers and expiration dates), and we will update your account information accordingly. If your payment information is updated, you authorize us to charge the updated payment method. Your card issuer may give you the right to opt out of providing updated card information; if you wish to opt out, contact your card issuer. If you do not wish to have your payment information automatically updated, you must remove your stored payment method or cancel any subscription.

We are not responsible for any fees or charges that your bank or card issuer may apply. If your bank or card issuer reverses a charge, we may bill you directly and seek payment by another method, including a mailed statement.

Payments may be processed through third-party providers. Your use of such providers is subject to their terms and privacy policies. Moonly is not responsible for payment processor errors.

We ship to addresses in the United States and select international locations available at checkout. Accurate shipping address and phone number are required. We are not responsible for delays or non-delivery resulting from incorrect address information provided by you.

If you discover that you made a mistake with your order after it was submitted, or wish to cancel your order before it has shipped, please contact Customer Support at moonly@moonly-us.com as soon as possible. We cannot guarantee that we will be able to amend your order in accordance with your instructions.

Unless otherwise required by law, title and risk of loss transfer to you upon delivery to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. International customers are responsible for any customs duties and import taxes. Please see our Shipping Policy for full details.

Because many circumstances beyond our control may occur at your delivery address, you agree that any delivery confirmation provided by the carrier is deemed conclusive proof of delivery to the address provided by you, even without a signature. You agree that such confirmation constitutes sufficient evidence of delivery for purposes of resolving disputes, including chargebacks or claims of non-delivery.

Please review our Refund Policy for complete terms, which is incorporated into these Terms by reference. This includes the terms of the Moonly money-back guarantee. Refunds, where applicable, are processed to the original payment method. Bank posting times vary. Unless otherwise stated in the Refund Policy, shipping and handling fees are non-refundable.

By using the website, creating an account, or making a purchase, you consent to receive electronic communications from us, including order confirmations, shipping notifications, subscription reminders, customer service communications, and marketing communications (if opted in). You may opt out of marketing emails via the unsubscribe link in such communications.

You agree that we may communicate electronically with you and that such communications — as well as notices, disclosures, agreements, and other communications we provide electronically — are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication. Electronic communications satisfy any legal requirement that such communications be in writing.

Your submission of personal information through the store is governed by our Privacy Policy, which is incorporated into these Terms by reference. Our website uses cookies, pixels, and similar tracking technologies operated by us and third parties to enhance user experience, analyze website performance, personalize content, and support advertising and marketing activities. For more information, please review our Privacy Policy.

13.1 Subscription Enrollment. The website may offer subscription purchase options ("Subscription Services") that provide automatic recurring shipments of products at the frequency you select during checkout. If you enroll, you agree that your subscription includes recurring payment obligations and that Moonly is authorized to charge your payment method automatically at the selected billing interval until you cancel.

13.2 Clear and Conspicuous Disclosure; Pre-Billing Notice; Affirmative Consent. Before you confirm your billing information and complete enrollment in a Subscription Service, we will present a clear and conspicuous notice, in visual proximity to the request for your consent, that discloses all of the following: that your subscription will automatically renew and you will be charged on a recurring basis unless you cancel; the length of the renewal period and any additional terms of the renewal (e.g., every 30 days); the amount you will be charged per renewal period and the frequency of those charges, unless you take timely steps to cancel; the cancellation methods available to you, including how to cancel online and how to contact us; a direct link to the cancellation process; and our contact information: moonly@moonly-us.com. Your affirmative action constitutes express informed consent to the automatic renewal terms. Where a product is offered on a subscription-only basis, the recurring Subscription Service is the only purchase option presented for that product, and you provide your express informed consent to the recurring charges by completing your purchase.

13.3 Automatic Renewal; Post-Enrollment Confirmation. UNLESS YOU CANCEL IN ACCORDANCE WITH THESE TERMS, YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW AT THE THEN-CURRENT RATE AND AT THE SAME BILLING INTERVAL YOU SELECTED AT CHECKOUT. IF PRICING CHANGES, WE WILL PROVIDE ADVANCE NOTICE AS REQUIRED BY LAW. Following your enrollment, we will send an order confirmation to the email address you provided. That confirmation will include: (a) a summary of the automatic renewal terms; (b) the amount charged and the billing frequency; (c) the cancellation methods available to you; and (d) a direct link to the cancellation process. You should retain this confirmation for your records. If you do not receive a confirmation within 24 hours of enrollment, please contact us at moonly@moonly-us.com.

13.4 How to Cancel. You may cancel your Subscription Service at any time through any of the following methods. To avoid being charged for the next billing cycle, cancellation must be completed at least twenty-four (24) hours before your next scheduled billing or shipment date. Online: log into your account/customer portal and follow the clearly labeled cancellation steps — no phone call required. Email: send a cancellation request to moonly@moonly-us.com; we will confirm your cancellation within one (1) business day. You will receive a cancellation confirmation email to the address on file. No further recurring charges will be processed and no additional shipments will be sent after the current billing cycle concludes.

13.5 Failed Payments; Reauthorization. If a recurring charge fails, you authorize us to retry the charge, contact you for updated payment information, and suspend shipments until payment is received. Your continued enrollment in a Subscription Service constitutes reaffirmation of your authorization to charge your payment method. Unpaid balances may be referred for collection where permitted by law.

13.6 California Subscriber Rights. If you are a California resident, the following additional disclosures apply pursuant to California Business and Professions Code Section 17600 et seq. (the Automatic Renewal Law): your subscription will automatically renew at the billing interval you selected, at the then-current subscription price, unless you cancel before the next renewal date. You may cancel at any time by logging into your account/customer portal or by emailing moonly@moonly-us.com; we will not make it difficult for you to cancel. If we fail to provide the required disclosures prior to your enrollment, we will provide a full refund of any charges you did not authorize — contact moonly@moonly-us.com to request a refund under this provision. Contact: Moonly LLC d/b/a Moonly, moonly@moonly-us.com, 1550 5600 W, Salt Lake City, UT 84104. You may also contact the California Department of Consumer Affairs, Consumer Information Division, at 1625 N. Market Blvd., Suite N 112, Sacramento, CA 95834, (800) 952-5210.

We may provide access to third-party tools over which we neither monitor nor have any control nor input. We provide access to such tools "as is" and "as available" without any warranties, representations, or conditions of any kind and without endorsement. Any use by you of such tools is entirely at your own risk and discretion.

Our Service may include materials from, or links to, third-party websites not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of, and do not warrant and will not have any liability for, any third-party materials or websites. We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third party's policies and practices before you engage in any transaction.

If you send creative ideas, suggestions, proposals, plans, photographs, testimonials, reviews, comments, or other materials, whether online, by email, by postal mail, or otherwise (collectively, "comments"), you grant us a worldwide, royalty-free, perpetual, irrevocable, transferable, sublicensable license to use, reproduce, modify, publish, distribute, display, perform, and create derivative works from such comments in any medium for business and marketing purposes. We are under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

You represent and warrant that you own or control all rights in the comments, that the comments are truthful and not misleading, and that they do not violate any right of any third party, including copyright, trademark, privacy, personality, or other proprietary right. Your comments will not contain libelous, unlawful, abusive, or obscene material, or any computer virus or malware. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy.

We may, but have no obligation to, monitor, edit, or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, obscene, or otherwise objectionable or that violates any party's intellectual property or these Terms.

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend, or clarify information except as required by law.

You are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or those of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other malicious code; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website. We reserve the right to terminate your use of the Service for violating any of the prohibited uses.

You are specifically prohibited from making false claims about our products, using our brand in deceptive marketing, or misrepresenting affiliation with Moonly.

We do not guarantee, represent, or warrant that your use of our Service will be uninterrupted, timely, secure, or error-free, or that the results obtained from the use of the Service will be accurate or reliable. You agree that from time to time we may remove the Service for indefinite periods or cancel the Service at any time, without notice to you.

YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SERVICE ARE (EXCEPT AS EXPRESSLY STATED BY US) PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL MOONLY OR ITS PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, SUPPLIERS, SERVICE PROVIDERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, LOSS OF GOODWILL, OR REPLACEMENT COSTS, ARISING OUT OF OR RELATING TO THESE TERMS, YOUR USE OR INABILITY TO USE THE SERVICE, ANY PRODUCT PURCHASE, ANY SUBSCRIPTION SERVICE, OR ANY ADVERTISING OR MARKETING PRACTICES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, WARRANTY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

19.1 Cap on Direct Damages. TO THE MAXIMUM EXTENT PERMITTED BY LAW, MOONLY'S TOTAL LIABILITY FOR ANY AND ALL CLAIMS SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT YOU PAID TO MOONLY DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) FIVE HUNDRED U.S. DOLLARS ($500.00). THIS AMOUNT SHALL CONSTITUTE YOUR SOLE AND EXCLUSIVE REMEDY.

Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions our liability shall be limited to the maximum extent permitted by law. You acknowledge that the pricing of our products reflects the allocation of risk set forth in this Section and that Moonly would not enter into these Terms without these limitations.

You agree to indemnify, defend, and hold harmless Moonly and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from and against any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms or the documents they incorporate by reference, your misuse of the website or products, or your violation of any law or the rights of a third party. We reserve the right to assume exclusive defense and control of any matter subject to indemnification.

TO THE FULLEST EXTENT PERMITTED BY LAW, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS, THE WEBSITE, ANY PRODUCT, OR ANY SUBSCRIPTION SERVICE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CLAIM ACCRUES. IF NOT COMMENCED WITHIN THAT PERIOD, THE CLAIM IS PERMANENTLY BARRED. THIS PROVISION APPLIES TO ALL CLAIMS, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY, EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. EXCEPT AS EXPRESSLY PROVIDED BELOW, YOU AND MOONLY AGREE TO RESOLVE ALL DISPUTES EXCLUSIVELY THROUGH FINAL AND BINDING INDIVIDUAL ARBITRATION.

22.1 Agreement to Arbitrate. You and Moonly agree that any dispute, claim, controversy, or cause of action arising out of or relating to these Terms, the website, any product, any subscription or automatic renewal, any advertising or marketing practices, or any alleged misrepresentation (collectively, "Dispute") shall be resolved exclusively through binding, confidential arbitration on an individual basis. The term "Dispute" shall be interpreted broadly. These Terms evidence a transaction in interstate commerce, and the Federal Arbitration Act (9 U.S.C. § 1 et seq.) governs the interpretation and enforcement of this arbitration agreement. The arbitrator shall decide all threshold issues of arbitrability, including scope, validity, and enforceability.

22.2 Mandatory Pre-Arbitration Notice. Before initiating arbitration, the initiating party must send a written Notice of Dispute by certified mail including: full name, mailing address, email associated with the account, a description of the claim, and the specific relief sought. Notice to Moonly must be sent to: Moonly LLC d/b/a Moonly, Attn: Legal Department, 1550 5600 W, Salt Lake City, UT 84104. The parties shall engage in good-faith efforts to resolve the Dispute for thirty (30) days before filing arbitration. Neither party may file arbitration before the expiration of this 30-day period.

22.3 Arbitration Procedure. Arbitration shall be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules before a single neutral arbitrator. If AAA declines administration, the parties shall mutually select a nationally recognized arbitration provider; if they cannot agree, a court shall appoint the provider. The arbitrator shall follow the applicable substantive law and is authorized to award all remedies available in an individual action under applicable substantive law, including compensatory, statutory, and punitive damages, declaratory and injunctive relief, and attorneys' fees where authorized by statute or contract. The arbitrator may not award relief on a class, representative, or consolidated basis. Payment of filing, administration, and arbitrator fees shall be governed by the AAA Consumer Arbitration Rules; to the extent required by those rules, Moonly will bear arbitration fees in excess of the amount you would be required to pay to file a comparable action in court. Each party shall bear its own attorneys' fees unless otherwise provided by law.

22.4 Opt-Out Right. You may opt out of this arbitration agreement within thirty (30) days of first acceptance of these Terms by sending written notice via certified mail to Moonly LLC d/b/a Moonly, Attn: Legal Department, 1550 5600 W, Salt Lake City, UT 84104. Your opt-out notice must include your name, address, email, and a clear statement of your intent to opt out. Opting out does not affect your other rights or obligations under these Terms.

22.5 Small Claims; Equitable Relief; Self-Help. Either party may bring an individual action in small claims court. Notwithstanding the foregoing, Moonly may seek temporary, preliminary, or permanent injunctive or equitable relief in state or federal court for claims involving intellectual property, confidential information, unauthorized resale, fraud, or misuse of the website. Nothing in this Section prevents Moonly from exercising lawful self-help remedies, including responding to chargebacks, pursuing collection efforts, suspending or terminating accounts, or enforcing payment obligations as permitted by law.

22.6 Public Injunctive Relief; Claim-Specific Severability. To the extent applicable law prohibits the waiver of a claim for public injunctive relief, such claim may be brought in a court of competent jurisdiction. All other claims seeking monetary, individualized, or non-public injunctive relief shall remain subject to binding arbitration. If any portion of this arbitration agreement is found unenforceable as to a specific claim, that claim shall proceed in court while all other claims remain subject to arbitration.

YOU AND MOONLY AGREE THAT ALL DISPUTES SHALL BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY. YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION, SERVE AS A CLASS REPRESENTATIVE, ACT AS A PRIVATE ATTORNEY GENERAL, OR JOIN OR CONSOLIDATE CLAIMS WITH THOSE OF ANY OTHER PERSON. THE ARBITRATOR HAS NO AUTHORITY TO CONDUCT CLASS PROCEEDINGS.

No Dispute shall be brought as a "Mass Action." A "Mass Action" means twenty-five (25) or more similar arbitration demands filed within one hundred eighty (180) days and coordinated by the same or affiliated counsel. Such claims shall not be consolidated or administered collectively without Moonly's consent. If Mass Action conditions are met, claims shall be grouped in batches of no more than two hundred (200) claimants, with only one batch proceeding at a time and a separate arbitrator appointed per batch; statutes of limitation shall be tolled during the batching period. A neutral Special Master may be appointed to resolve procedural disputes regarding Mass Action administration.

IF ANY DISPUTE PROCEEDS IN COURT, YOU AND MOONLY WAIVE THE RIGHT TO A JURY TRIAL TO THE FULLEST EXTENT PERMITTED BY LAW.

Except as otherwise provided in Section 22 (which is governed by the Federal Arbitration Act), these Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of [Your State], without regard to its conflict-of-law principles. Subject to the arbitration provisions above, you and Moonly consent to the exclusive jurisdiction and venue of the state and federal courts located in [Your State] for any matter not subject to arbitration.

All website content — including text, images, graphics, trademarks, logos, software, and design elements — is owned by or licensed to Moonly and is protected by U.S. and international copyright, trademark, and other intellectual property laws. These Terms permit you to use the Services for your personal, non-commercial use only. You may not reproduce, distribute, modify, create derivative works of, or exploit any website content without our prior written consent. All rights not expressly granted herein are reserved.

You may not delegate, transfer, or assign these Terms or any of your rights or obligations under them without our prior written consent, and any such attempt will be null and void. Moonly and its affiliates may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you, including in connection with a merger, acquisition, reorganization, sale of assets, or by operation of law.

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision or of any future enforcement. Any waiver will be effective only if in writing and signed by a duly authorized representative of Moonly.

In the event that any provision of these Terms is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms. Such determination shall not affect the validity and enforceability of any other remaining provisions.

These Terms are effective unless and until terminated by either you or us. The obligations and liabilities of the parties incurred prior to the termination date shall survive termination for all purposes. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we may terminate this agreement at any time without notice, and you will remain liable for all amounts due up to and including the date of termination. Provisions regarding intellectual property, disclaimers, limitation of liability, indemnification, time to file claims, dispute resolution, the class action, mass action, and jury trial waivers, governing law, and payment obligations survive termination.

These Terms, together with our Privacy Policy and Refund Policy, constitute the entire and integrated agreement and understanding between you and Moonly, and supersede and replace any prior or contemporaneous agreements, communications, and proposals, whether oral or written. Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

Questions about these Terms of Service should be sent to us at moonly@moonly-us.com.