These Terms of Service (the "Terms") govern your use of the Moondark mobile application for iOS and Android (the "App") and the Moondark website at moondark.app (the "Site"). The App and the Site together are referred to as the "Service."
The Service is operated by Peptidings Holdings, LLC, a Wyoming limited liability company (referred to in these Terms as "we," "us," or "Moondark").
By installing, accessing, or using the Service, you agree to these Terms. If you do not agree, do not use the Service.
Moondark is a contemplative astronomical tool. It reports the position of the Moon and other celestial bodies in real time, identifies "void of course" periods of the Moon, and presents short readings written in a literary register.
Moondark is offered for personal, non-commercial use as a reflective and informational instrument. Moondark does not provide medical, legal, financial, psychological, professional, or any other form of advice. The readings presented in the App are literary and contemplative in nature. They are not predictions, prescriptions, or recommendations for action. Do not make medical, legal, financial, or other consequential decisions based on what Moondark says.
You must be at least 13 years old to use the Service. If you are between 13 and the age of legal majority where you live, you must have the consent of a parent or legal guardian.
The optional tip jar (see Section 6) requires you to be of legal majority where you live and capable of making purchases through your platform's payment system (Apple App Store, Google Play, or Stripe).
We grant you a limited, non-exclusive, non-transferable, revocable license to install and use the App on devices you own or control, and to access and use the Site, in each case for your personal, non-commercial use, subject to these Terms.
You may not:
The Service—including the App's user interface, the readings, the prose, the typography choices, the color palette, the curated Sabian symbol modernizations, and the overall design—is owned by Moondark and protected by copyright, trademark, and other intellectual property laws.
"Moondark" and the Moondark mark are trademarks of Peptidings Holdings, LLC. You may not use the name or mark without our written permission.
The astronomical calculation engine astronomy-engine is licensed under the MIT license and is the work of Don Cross, used by Moondark with attribution. The classical Sabian symbol phrases (1925) are public domain. Moondark's modernized "essence" interpretations of those symbols are original work owned by Moondark.
A complete list of open source dependencies and their licenses is available at moondark.app/licenses and within the App at Settings → Open source licenses.
The App offers an optional tip jar with several tip amounts. Tips are voluntary, non-refundable, and gratuitous. They are gifts, not payments for services. Moondark is offered free of charge whether or not you tip.
Tips on iOS are processed by Apple under Apple's terms. Tips on Android are processed by Google under Google Play's terms. Tips on the web are processed by Stripe under Stripe's terms. Refund requests for tips, where applicable, are handled exclusively by the platform that processed the transaction (Apple, Google, or Stripe). Moondark cannot refund tips directly because we do not process the payment.
You agree to pay all charges incurred by you when you choose to tip. Charges are inclusive of any applicable taxes.
Our handling of information is described in our Privacy Policy, which is incorporated into these Terms by reference. The summary version: Moondark collects no personal data.
If you enable notifications in the App, you authorize Moondark and your device's operating system to deliver local notifications to your device based on the App's astronomical calculations. You can disable notifications at any time within the App or in your device's system settings.
We may modify, suspend, or discontinue any part of the Service at any time, with or without notice. We may add features, remove features, change visual presentation, or end the Service entirely. We will make reasonable efforts to communicate material changes through the App or the Site.
We do not guarantee the Service will be available without interruption or that astronomical calculations will be free of error. While the calculation engine is verified against authoritative ephemerides (NASA, JPL Horizons), all software contains the possibility of error. Do not rely on Moondark for any purpose where an error in time, position, or astronomical event would cause harm to you or others.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON-INFRINGEMENT, OR THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF ANY ASTRONOMICAL CALCULATION, READING, OR OTHER CONTENT IN THE SERVICE. ASTROLOGICAL AND CONTEMPLATIVE INTERPRETATIONS ARE LITERARY IN NATURE AND ARE NOT REPRESENTATIONS OF FACT OR PREDICTIONS OF FUTURE EVENTS.
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.
Some jurisdictions do not allow the exclusion of certain warranties. To the extent applicable law in your jurisdiction does not permit the disclaimers above, those disclaimers do not apply to you and our liability is limited to the maximum extent permitted by law.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL MOONDARK OR ITS OPERATOR BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, USE, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATED TO THE SERVICE WILL NOT EXCEED THE TOTAL AMOUNT YOU HAVE PAID TO US IN THE PRECEDING TWELVE (12) MONTHS, OR FIVE U.S. DOLLARS ($5.00), WHICHEVER IS GREATER.
This limitation applies whether or not we have been notified of the possibility of such damages and even if a remedy fails of its essential purpose.
You agree to defend, indemnify, and hold harmless Moondark, its operator, and its affiliates from and against any claims, damages, obligations, losses, liabilities, costs, or expenses (including reasonable attorneys' fees) arising from (a) your violation of these Terms, (b) your misuse of the Service, or (c) your violation of any law or the rights of any third party.
These Terms are governed by the laws of the State of Indiana, United States, without regard to its conflict-of-laws principles. The federal and state courts located in Allen County, Indiana have exclusive jurisdiction over any dispute arising from these Terms or your use of the Service, and you consent to that jurisdiction and venue.
If you are a consumer in a jurisdiction whose laws give you the right to bring proceedings in your local courts, this Section 13 does not deprive you of that right.
We may update these Terms from time to time. The "Last updated" date at the top of this document indicates when. If we make material changes, we will post a notice in the App and on the Site for at least 30 days before the changes take effect. Your continued use of the Service after the changes take effect constitutes your acceptance of the updated Terms.
You may stop using the Service at any time by uninstalling the App or by no longer accessing the Site. We may terminate or suspend your access to the Service at any time, with or without notice, for any reason, including violation of these Terms.
Upon termination, the licenses we grant you in Section 4 end immediately. Sections 5, 7, 10, 11, 12, 13, and any other provisions that by their nature should survive termination, will survive.
If you obtained the App from the Apple App Store, the following additional terms apply:
If you obtained the App from the Google Play Store, your use is also subject to the Google Play Terms of Service. In case of any conflict between these Terms and the Google Play Terms of Service, the Google Play Terms of Service govern with respect to your acquisition and installation of the App through Google Play.
Severability. If any provision of these Terms is held unenforceable, the rest of these Terms remain in effect.
No waiver. Our failure to enforce any provision of these Terms is not a waiver of our right to enforce it later.
Assignment. You may not assign these Terms. We may assign these Terms without restriction.
Entire agreement. These Terms, together with the Privacy Policy, constitute the entire agreement between you and Moondark with respect to the Service.
Headings. Section headings are for convenience only and do not affect interpretation.
If you have questions about these Terms, contact us at:
Email: [email protected]
Operator: Peptidings Holdings, LLC
Mailing address: 5651 Coventry Lane, STE #101, Fort Wayne, IN 46804