Terms of Use

1. Eligibility

• You must be at least 13 years old to use the Services.
• If you are under the age of majority in your jurisdiction, you may use the Services only with the consent of a parent or legal guardian.
• You represent and warrant that all registration information you submit is accurate and that you will maintain its accuracy.

2. Account Registration and Security

• You are responsible for maintaining the confidentiality of your login credentials and for all activities occurring under your account.
• You agree to notify us immediately of any unauthorized access or security breach.
• Moai reserves the right to suspend or terminate accounts that violate these Terms or that pose a risk to the platform or other users.

3. Health & Safety Notice (No Medical Advice)

Moai provides social accountability tools, workout tracking, activity logging, and optional access to coaches. Moai does NOT provide medical, nutritional, or healthcare advice, diagnosis, or treatment.

By using the Services, you agree:

• you understand the risks inherent in physical activity;
• you are voluntarily participating at your own risk;
• you will consult a qualified healthcare professional before starting any new fitness or wellness program, especially if pregnant, postpartum, injured, or managing a medical condition;
• you will stop any activity that causes pain, dizziness, or discomfort.

Moai LLC is not responsible for any injuries, health outcomes, or damages arising from your participation in fitness activities or your use of the Services.

4. Coaching, Programs & Recommendations

Guided Moais and coaching features provide general fitness guidance. Coaches are independent professionals and are not employees of Moai LLC.

You acknowledge:

• coaches do not provide medical or clinical services;
• recommendations are informational only;
• results vary and are not guaranteed;
• you are solely responsible for evaluating and acting on any recommendations.

Moai may modify or discontinue coaching features at any time.

5. Payments, Subscriptions & Billing

5.1 Free Access

The Services are provided free of charge to all users. All users have access to:

• Unlimited chat with Mili (AI coach)
• Unlimited Village members (1-on-1 connections)
• Moai creation and participation (subject to Moai capacity limits)
• All workout features (view, start, complete workouts)
• Community feed access
• Personal stats and progress tracking

5.2 Moai Coach Subscription

Moai offers an optional Moai Coach Subscription that provides access to a certified fitness coach for your Moai (group of 2-8 people).

5.2.1 Subscription Details

• Price: $199/month per Moai
• Billing: Monthly recurring subscription
• Payer: One member of the Moai (the "sponsor" or "payer") is responsible for payment
• Access: All active members of the Moai receive access to the coach, regardless of who pays
• Capacity: Each Moai can have 2-8 members

5.2.2 What's Included

The Moai Coach Subscription includes:

• 1-on-1 Coach Chat access for all Moai members with a certified fitness coach
• Personalized form analysis & feedback
• Recovery strategies and rest guidance
• Asynchronous support throughout the week
• Optional video check-ins via Calendly
• Coach participation in Moai group chats for motivation and guidance

5.2.3 Subscription Management

• The payer is responsible for managing the subscription (payment, cancellation, etc.)
• Only the payer can cancel or modify the subscription
• If the payer leaves the Moai, they remain responsible for payment until the subscription is cancelled or transferred to another member
• All Moai members will lose coach access if the subscription is cancelled or payment fails

5.3 Billing and Payment

The Moai Coach Subscription requires a paid subscription.

By purchasing a Moai Coach Subscription, you (as the payer) authorize Moai (and third-party processors such as Stripe, Apple App Store, or Google Play Store) to charge your payment method for recurring fees until canceled.

You understand:

• Subscription fees are billed on a recurring monthly basis ($199/month)
• Payment is processed through your selected payment method
• You are responsible for ensuring your payment information is accurate and up to date
• All prices are in USD unless otherwise stated
• Prices may vary by region due to currency conversion and local taxes
• You are paying on behalf of your Moai, and all Moai members will benefit from the subscription

5.4 Auto-Renewal

The Moai Coach Subscription renews automatically unless canceled before the renewal date.

You will be charged $199 on your renewal date each month.

To avoid being charged, you must cancel your subscription at least 24 hours before the end of the current billing period. Cancellation can be done through your account settings or through the App Store/Play Store subscription management.

5.5 Cancellation

You (as the payer) may cancel the Moai Coach Subscription at any time through your account settings or through the platform used for purchase (e.g., Apple App Store, Google Play Store).

• Cancellation takes effect at the end of your current billing period
• All Moai members will retain access to coach features until the end of your paid period
• No refunds will be provided for the current billing period after cancellation
• Upon cancellation, all Moai members will lose access to coach features at the end of the billing period

5.6 Refunds

Refunds follow the policies of the platform used for purchase (e.g., Apple App Store, Google Play Store) or Moai's internal policy if purchased directly through Stripe.

Refunds are generally not provided for subscription fees. We may, at our sole discretion, provide refunds or credits in exceptional circumstances.

If you believe you are entitled to a refund, please contact us through the app's support features or at jay@withmoai.co.

5.7 Subscription Changes

• You may cancel your Moai Coach Subscription at any time (see Section 5.5)
• You may switch coaches for your Moai subscription through your account settings
• If you leave a Moai that has an active subscription you are paying for, you remain responsible for payment until you cancel the subscription
• If the payer leaves a Moai, the subscription may be transferred to another member if agreed upon by the Moai members

5.8 Feature Access

• Moai Coach Subscription features are tied to the Moai and cannot be transferred to individual users
• Access to coach features requires an active, paid subscription for the Moai
• All active members of a Moai with an active subscription receive coach access
• We reserve the right to modify, add, or remove features from the subscription
• Significant changes to subscription features will be communicated to affected users

5.9 Pricing Changes

Pricing may change with prior notice.

• Price changes will not affect your current billing period
• You will be notified of price changes before your next billing cycle
• Continued use of the service after a price change constitutes acceptance of the new price

5.10 Promotions and Trials

Moai may offer discounts, trials, or promotions that are subject to change.

• Trial periods, if offered, will automatically convert to a paid subscription unless canceled before the trial ends
• Promotional pricing may be limited-time offers and may not be available to all users

5.11 Subscription Termination

We reserve the right to suspend or terminate a Moai Coach Subscription if:

• The payer violates these Terms
• Payment fails and is not resolved
• The Moai violates community standards or these Terms
• Required for legal, regulatory, or security reasons

Violations may result in immediate termination without refund.

We may also suspend or terminate subscriptions for any reason, with or without notice.

Upon termination, all Moai members will lose access to coach features. You are responsible for managing your subscription settings.

5.12 Payment Responsibility

• The payer is solely responsible for all charges associated with the Moai Coach Subscription
• Moai is not responsible for disputes between Moai members regarding payment or subscription management
• If payment fails, all Moai members will lose access to coach features until payment is restored
• The payer may not seek reimbursement from other Moai members through Moai; any such arrangements are between Moai members

6. Community Standards

You agree to use the Services respectfully and not to engage in conduct that:

• harasses, threatens, or abuses others;
• posts harmful, illegal, defamatory, or explicit content;
• violates privacy or intellectual property rights;
• involves spam, commercial solicitation, or unauthorized advertising;
• disrupts the functionality or security of the platform.

Moai may remove content, restrict access, or terminate accounts that violate these standards.

7. User Content & License

You may submit activity logs, workout notes, messages, group interactions, and other material ("User Content").

You retain ownership of your User Content. However, by submitting User Content, you grant Moai a non-exclusive, worldwide, royalty-free, sublicensable license to use, reproduce, modify, display, distribute, and process such content solely for:

• providing and improving the Services;
• operating app features (e.g., Moai groups, feeds, analytics);
• ensuring safety and compliance.

You represent that you have the rights to submit the User Content and that it does not violate any laws or third-party rights.

8. Privacy & Data Practices

Your privacy is important to us. Our data practices—including the types of data we collect, how it is used, and your rights—are described in our Privacy Policy

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

9. Acceptable Use

You agree not to:

• access systems without authorization;
• interfere with security features or network operations;
• copy, scrape, reverse engineer, or attempt to derive source code;
• use automated tools that violate usage limits;
• upload malware or harmful code.

Moai may enforce technical restrictions to protect the platform.

10. Ownership & Intellectual Property

All intellectual property, including the Moai name, logos, branding, software, design, and features, is owned or licensed by Moai LLC. Nothing in these Terms grants you rights to use Moai's intellectual property without prior written consent.

11. Changes to the Services

Moai is continuously improving and may:

• add or remove features;
• update, modify, or discontinue parts of the Services;
• release new versions or impose usage limits.

We will provide notice of material changes when required.

12. Termination

We may suspend or terminate your access if:

• you violate these Terms;
• your conduct risks harm to users or Moai;
• required for legal, regulatory, or security reasons.

You may delete your account at any time by contacting support or using in-app settings.

Section rights that reasonably should survive termination—such as limitations of liability—will survive.

13. Disclaimers

To the fullest extent permitted by law:

• the Services are provided "as is" and "as available";
• we disclaim all warranties—express, implied, or statutory—including fitness for a particular purpose, accuracy, reliability, and non-infringement;
• we do not guarantee uninterrupted availability or error-free operation;
• fitness outcomes, performance improvements, or group results are not guaranteed.

14. Limitation of Liability

To the maximum extent permitted by law, Moai LLC and its officers, directors, employees, contractors, and partners are not liable for:

• personal injury or health complications;
• lost profits, revenue, or data;
• indirect, incidental, or consequential damages;
• unauthorized access to your data.

Our total liability to you for any claim will not exceed the amount you paid Moai in the twelve (12) months preceding the event giving rise to the claim.

Some jurisdictions do not allow certain limitations; in those cases, limits apply to the fullest extent permitted.

15. Indemnification

You agree to indemnify and hold harmless Moai LLC from any claims, damages, liabilities, and expenses arising from:

• your use of the Services;
• your User Content;
• your violation of these Terms;
• your interaction with coaches or other users.

16. Governing Law & Dispute Resolution

These Terms are governed by the laws of the State of California, without regard to conflict-of-law principles.

Any dispute shall be resolved through binding arbitration or small-claims court unless prohibited by law. You waive the right to participate in class actions or class-wide arbitration.

17. Contact