My Moontime’s

End User Licensing Agreement and Privacy Policy

Welcome to MyMoontime.com (“My Moontime App”) web site located at https://www.mymoontime.com (the “Website”) and/or the mobile software application, “MyMoontime” (the “App”) The Website and the App, and all information provided on and/or through the Website and the App are, collectively, the “Service.” The Service allows women and men to track health and/or fertility information to assist in general and reproductive health knowledge and/or pregnancy planning and/or avoiding pregnancy.

THE SERVICE IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED AS MEDICAL ADVICE OR AS A SUBSTITUTE FOR THE PROFESSIONAL SERVICES OF A LICENSED PHYSICIAN OR OTHER HEALTH CARE PROVIDER. MY MOONTIME DOES NOT PROVIDE MEDICAL ADVICE AND IS NOT A LICENSED HEALTH CARE PROVIDER.

EACH USER OF THE SERVICE (A “USER”) USES THE SERVICE AT THE USER’S SOLE RISK. THIS MEANS THAT:

A USER MAY GET PREGNANT WHEN USING THE SERVICE EVEN IF THE USER’S PURPOSE FOR USING THE SERVICE IS TO AVOID GETTING PREGNANT. THERE IS NO GUARANTEE THAT USE OF THE SERVICE WILL ASSIST A USER IN GETTING PREGNANT. A USER MAY OR MAY NOT SUCCESSFULLY DISCOVER A PATTERN THAT LEADS TO A DIAGNOSIS OF A POTENTIAL ILLNESS OR DISEASE. ALL INFORMATON IS INPUT BY YOU AND YOU ARE SOLEY RESPONSIBLE FOR THE INTERPRETATION OF YOUR INFORMATION. CERTAIN INFORMATION PROVIDED THROUGH THE SERVICE MAY INVOLVE DISCUSSION OF REPRODUCTIVE ANATOMY AND/OR SEXUAL ACTS AND THEREFORE MAY NOT BE APPROPRIATE FOR ALL USERS. IF YOU ARE OFFENDED BY MATERIAL OF A SEXUAL NATURE, INCLUDING INFORMATION ABOUT CONCEIVING OR AVOIDING CONCEIVING A CHILD, OR DISCUSSION OF REPRODUCTIVE ANATOMY THEN YOU SHOULD NOT USE THE SERVICE.

END USER LICENSE AGREEMENT

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IMPORTANT INFORMATION – PLEASE READ CAREFULLY

The herein contained License Agreement (“License” or “EULA”) shall be considered a legally binding agreement between You (as an individual or an entity, who then shall, within the constraints of this agreement, be referred to as “You” or “Your”) and My Moontime for the use of the specified software application of My Moontime, which may include related printed material, media and any other components and/or software modules, including but not limited to required drivers (“Product”). Other aspects of the Product may also include, but are not limited to, software updates and any upgrades necessary that My Moontime may supply to You or make available to You, or that You could obtain after the initial copy of the Product, and as such that said items are not accompanied by a separate license agreement or terms of use.

BY WAY OF THE INSTALLATION, COPYING, DOWNLOADING, ACCESSING OR OTHERWISE USE OF THIS PRODUCT, YOU ARE AGREEING TO BE LEGALLY BOUND BY THE HEREIN CONTAINED TERMS OF THIS LICENSE AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THE 

TERMS OF THIS EULA, YOU THEN HAVE NO RIGHTS TO THE PRODUCT

AND SHOULD THEREFORE NOT INSTALL, COPY, DOWNLOAD, ACCESS NOR USE THE PRODUCT.

This Product is hereby protected by copyright laws, as well as any other intellectual property laws. This Product is licensed and not sold.

LICENSE GRANT

My Moontime shall grant to you a non-exclusive license for the use and installation of the Product subject to all the terms and conditions set forth herein. Furthermore, this EULA shall also govern any and all software upgrades provided by My Moontime that would replace, over write and/or supplement the original installed version of the Product, unless those other upgrades are covered under a separate license, at which those terms of that license will govern.

TERMINATION

Should you breach this EULA at any time, your right to the use of the Product will then immediately terminate and shall terminate without any notice being given. However, all provisions of this EULA, with the exception of the License Grant , will remain in effect and thus shall survive termination. Upon termination of the License Grant, You MUST destroy any and all copies of the Product.

COPYRIGHT

The aforementioned Product is protected by copyright and other intellectual property laws and treaties, and as such all rights, title, and interest in and to the content offered, including but not limited to, any photographs, images, video animation, text, and music, that may be incorporated as part of the offered content. Such offered content is protected by copyright laws and international treaty provisions. Therefore, offered content must be treated as any other copyrighted material, with the exception that it is allowable for you to make copies as provided by the License. However, printed material, which may accompany any offered content, may not be copied.

RESTRICTIONS ON USE

As a Licensee, You may not:

(a) Make use of the offered content on more than one computer at a time, without prior purchase of additional licenses;

(b) You may not share, distribute, lend, lease, sublicense or otherwise make available, in any manner whatsoever, to any third party the offered content;

(c) Modify, adapt, create derivative works from or translate any part of the offered content other than what may be used within Your work in accordance with this License;

(d) Reverse engineer, decompile or disassemble the offered content, nor attempt to locate or obtain its source code;

(e) Attempt to alter or remove any trademark, copyright or other proprietary notice contained within the offered content; or

(f) Make use of any offered content in any manner not stipulated within this EULA or the documentation accompanying the offered content.

UPDATES

My Moontime may find the need from time to time to make available to all license holders updates for the offered content, in accordance with the herein contained terms and conditions of this EULA. It shall be at the sole discretion of My Moontime to make conditional releases of said upgrade to you upon your acceptance of another EULA or execution of another separate agreement. Should you elect to install and make use of these updates, you are therefore agreeing to be subject to all applicable license, terms and conditions of this EULA and/or any other agreement.

DISCLAIMER OF WARRANTY

With regard and with relationship to the maximum extent permitted by applicable law, My Moontime, and, if applicable, related suppliers, shall provide the Product and any support services, if needed, related to the Product, and hereunto disclaim all warranties and conditions, either express, implied or statutory, which may include, but are not limited to, any implied warranties or conditions of merchantability, of suitability for a specified purpose, that it contains absolute accuracy or completeness of responses, of results, and of any lack of negligence or lack of workmanlike effort, all with respect to the Product, and the provision of or failure to provide Support Services. 

FURTHERMORE, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, OR NON-INFRINGEMENT WITH REGARDS TO THE HEREIN CONTAINED PRODUCT. THE ENTIRE RISK AS TO THE QUALITY OF OR PERFORMANCE OF THE PRODUCT AND SUPPORT SERVICES, IF ANY, REST WITH YOU. LIMITATION OF LIABILITY AND REMEDIES

In spite of any damages that you may or may not incur for any reason, which may include, but are not limited to, any and all direct or general damages, the entire liability of My Moontime and/or any of the aforementioned suppliers covered under the herein contained provisions of this EULA, along with Your exclusive remedy with regards to all of the foregoing, shall hereby be limited to the amount actually paid by you for this Product . Therefore, the aforementioned limitations, exclusions and any disclaimers shall apply to the maximum extent allowable by law, even should any proposed remedy fail its essential purpose.

EXPORT CONTROLS

By clicking on the install button, you hereby agree that you will comply with any and all applicable export laws, restrictions and all regulations of the U.S. Department of Commerce, U.S. Department of Treasury, and any other U.S. or foreign agency or authority with regards to this provision of the EULA. You expressly agree not to export or re-export, nor allow the export or re-export of the offered content in violation of any

such law, restriction or regulation, including without limitation, export or re-export to any country subject to any and all applicable U.S. trade embargoes or to any prohibited destination, in any group specified in the current “Supplement No. 1 to Part 740 or the Commerce Control List specified in the then current Supplement No. 1 to Part 738 of the U.S. Export Administration Regulations (or any successor supplement or regulations).”

U.S. GOVERNMENT END USERS

The offered content is licensed by the U.S. Government with RESTRICTED RIGHTS. The use, duplication of, or the disclosure by the U.S. Government, shall be subject to restrictions in accordance with DFARS 252.227-7013 of the Technical Data and Computer Software clause, and 48 DCR 52.227-19 of the Commercial Computer Software clause, as applicable.

MISCELLANEOUS

This EULA, in its entirety, shall be legally binding upon and inure to the benefit of My Moontime and you, our respective successors and permitted assigns. Should any of this provision be deemed invalid or unenforceable, such determination will not affect the validity or enforceability of any other provision contained herein. If there is any waiver of any breach or failure to enforce any of the provisions contained herein, it shall not be deemed as a future waiver of said terms or a waiver of any other provision of this

EULA. Any waiver, supplementation, modification or amendment to any provision of this EULA, shall only be effective when done so in writing and signed off by My Moontime and you. This EULA shall be governed solely by the laws of the State of California and of the United States. Should any action arise out of or in relation to this EULA, such action may be brought exclusively in the appropriate federal or state court in Los Angeles, California, and as such, you and My Moontime irrevocably consent to the jurisdiction of said court and venue for Los Angeles, California.

CONTACT INFORMATION

My Moontime

137 N. Larchmont Blvd #650

Los Angeles, California 90004-3011

ONLINE PRIVACY POLICY AGREEMENT

My Moontime, (Moontime), is committed to keeping any and all personal information collected of those individuals that visit our website and make use of our online facilities and services accurate, confidential, secure and private. Our privacy policy has been designed and created to ensure those affiliated with My Moontime of our commitment and realization of our obligation not only to meet but to exceed most existing privacy standards.

THEREFORE, this Privacy Policy Agreement shall apply to My Moontime and any subsidiary company listed below, and thus it shall govern any and all data collection and usage thereof. Through the use of www.mymoontime.com you are herein consenting to the following data procedures expressed within this agreement.

Subsidiary Company:

My Moontime App

Collection of Information

This website collects various types of information, such as:

• Voluntarily provided information which may include your name, address, email address, billing and/or credit card information etc., which may be used when you purchase products and/or services and to deliver the services you have requested.

• Information automatically collected when visiting our website, which may include cookies, third party tracking technologies and server logs.

Please rest assured that this site shall only collect personal information that you knowingly and willingly provide by way of surveys, completed membership forms, and emails. It is the intent of this site to use personal information only for the purpose for which it was requested and any additional uses specifically provided on this site.

My Moontime may have the occasion to collect anonymous demographic information, such as age, gender, household income, political affiliation, race and religion at a later time.We may also gather information about the type of browser you are using, IP address or type of operating system to assist us in providing and maintaining superior quality service.

It is highly recommended and suggested that you review the privacy policies and statements of any website you choose to use or frequent as a means to better understand the way in which other websites garner, make use of and share information collected.

Use of Information Collected

My Moontime may collect and may make use of personal information to assist in the operation of our website and to ensure delivery of the services you need and request. At times, we may find it necessary to use personally identifiable information as a means to keep you informed of other possible products and/or services that may be available to you from www.mymoontime.com and our subsidiaries. My Moontime and our subsidiaries may also be in contact with you with regards to completing surveys and/or research questionnaires related to your opinion of current or potential future services that may be offered.

My Moontime does not now, nor will it in the future, sell, rent or lease any of our customer lists and/or names to any third parties.

My Moontime may deem it necessary to follow websites and/or pages that our users may frequent in an effort to gleam what types of services and/or products may be the most popular to customers or the general public.

My Moontime may disclose your personal information, without prior notice to you, only if required to do so in accordance with applicable laws and/or in a good faith belief that such action is deemed necessary or is required in an effort to:

• Remain in conformance with any decrees, laws and/or statutes or in an effort to comply with any process which may be served upon My Moontime and/or our website;

• Maintain, safeguard and/or preserve all the rights and/or property of My Moontime; and

• Perform under demanding conditions in an effort to safeguard the personal safety of users of www.mymoontime.com and/or the general public.

Children Under Age of 13

My Moontime does not knowingly collect personal identifiable information from children under the age of thirteen (13) without verifiable parental consent. If it is determined that such information has been inadvertently collected on anyone under the age of thirteen (13), we shall immediately take the necessary steps to ensure that such information is deleted from our system’s database. Anyone under the age of

thirteen (13) must seek and obtain parent or guardian permission to use this website.

Unsubscribe or Opt-Out

All users and/or visitors to our website and smart phone app have the option to discontinue receiving communication from us and/or reserve the right to discontinue receiving communications by way of email or newsletters. To discontinue or unsubscribe to our website please send an email that you wish to unsubscribe to

[email protected]. If you wish to unsubscribe or opt-out from any third party websites, you must go to that specific website to unsubscribe and/or opt-out.

Links to Other Web Sites

Our website does contain links to affiliate and other websites. My Moontime does not claim nor accept responsibility for any privacy policies, practices and/or procedures of other such websites. Therefore, we encourage all users and visitors to be aware when they leave our website and to read the privacy statements of each and every website that collects personally identifiable information. The aforementioned Privacy Policy Agreement applies only and solely to the information collected by our website.

Security

My Moontime shall endeavor and shall take every precaution to maintain adequate physical, procedural and technical security with respect to our offices and information storage facilities so as to prevent any loss, misuse, unauthorized access, disclosure or modification of the user’s personal information under our control. User’s data is encrypted so only the user has access to it.

Instructions For My Moontime App Account Deletion for Apple iPhone App:

1. Under the settings page in My Moontime app – select the ‘delete data’ button. 
2. A pop up notification will appear that says “all personal data entered into the app will be deleted forever. This cannot be undone.” And then press the ‘delete’ button to proceed. 
3. A reminder button will then arrive reminding the user to delete their subscription through Apple as well.

Changes to Privacy Policy Agreement

My Moontime reserves the right to update and/or change the terms of our privacy policy, and as such we will post those change to our website homepage at www.mymoontime.com, so that our users and/or visitors are always aware of the type of information we collect, how it will be used, and under what circumstances, if any, we may disclose such information. If at any point in time My Moontime decides to

make use of any personally identifiable information on file, in a manner vastly different from that which was stated when this information was initially collected, the user or users shall be promptly notified by email. Users at that time shall have the option as to whether or not to permit the use of their information in this separate manner.

Acceptance of Terms

Through the use of this website, you are hereby accepting the terms and conditions stipulated within the aforementioned Privacy Policy Agreement. If you are not in agreement with our terms and conditions, then you should refrain from further use of our sites. In addition, your continued use of our website following the posting of any updates or changes to our terms and conditions shall mean that you are in agreement and acceptance of such changes.

How to Contact Us

If you have any questions or concerns regarding the Privacy Policy Agreement related to our website, please feel free to contact us at the following email, telephone number or mailing address.

Email: [email protected]

Mailing Address:

My Moontime

137 N. Larchmont Blvd #650

Los Angeles, California 90004