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 Subscription Tiers

Moai offers the following subscription tiers:

5.2 Billing and Payment

Some features—such as Moai Premium and Moai Coach subscriptions—require a paid subscription or recurring membership.

By purchasing a subscription, you 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
• 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

5.3 Auto-Renewal

Subscription fees renew automatically unless canceled before the renewal date.

You will be charged the subscription fee on your renewal date.

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.

5.4 Cancellation

You may cancel your 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
• You will retain access to all premium features until the end of your paid period
• No refunds will be provided for the current billing period after cancellation
• Upon cancellation, your account will revert to the Free Tier at the end of the billing period

5.5 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.

5.6 Subscription Changes

You may upgrade or downgrade your subscription at any time through your account settings.

• Upgrades take effect immediately, and you will be charged a prorated amount for the remainder of the billing period
• Downgrades take effect at the end of your current billing period
• When downgrading, you will retain access to premium features until the end of your paid period

5.7 Feature Access

• Subscription features are tied to your account and cannot be transferred
• Access to premium features requires an active, paid subscription
• We reserve the right to modify, add, or remove features from any subscription tier
• Significant changes to subscription features will be communicated to affected users

5.8 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

5.9 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

5.10 Subscription Termination

We reserve the right to suspend or terminate your subscription if you violate these Terms. Violations may result in immediate termination without refund.

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

Upon termination, your account will revert to the Free Tier. You are responsible for managing your subscription settings.

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