Terms of Service - Moment of Weakness

Welcome to Moment of Weakness. By downloading, installing, or using our iOS application ("the App"), you agree to be bound by these Terms of Service ("Terms"). Please read them carefully.

1. Acceptance of Terms

By accessing or using Moment of Weakness, you agree to comply with and be bound by these Terms, our Privacy Policy, and all applicable laws and regulations. If you do not agree with any part of these Terms, you must not use the App.

2. License to Use

2.1 Grant of License

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to download, install, and use the App on iOS devices that you own or control, solely for your personal, non-commercial use.

2.2 License Restrictions

You agree NOT to:

Copy, modify, or create derivative works of the App
Reverse engineer, decompile, or disassemble the App
Rent, lease, sell, sublicense, or transfer the App to any third party
Remove or alter any proprietary notices or labels on the App
Use the App for any illegal or unauthorized purpose
Attempt to gain unauthorized access to any part of the App or its systems

3. Disclaimer - Not Medical Advice

IMPORTANT DISCLAIMER:

Moment of Weakness is a self-help tool designed to support personal goal achievement and behavior change. It is NOT a substitute for professional medical advice, diagnosis, or treatment.

The App is not intended to diagnose, treat, cure, or prevent any disease or medical condition
The App is not a replacement for addiction treatment, therapy, counseling, or medical intervention
If you are struggling with addiction, substance abuse, mental health issues, or suicidal thoughts, please seek professional help immediately
Always consult with qualified healthcare professionals before making decisions related to your health

Emergency Resources

National Suicide Prevention Lifeline (US): 988
Crisis Text Line: Text HOME to 741741
SAMHSA National Helpline: 1-800-662-4357

4. User Responsibilities

4.1 Your Content

You are solely responsible for all content you create within the App, including:

Goals and goal descriptions
Reasons and motivations
Photos and images you upload
Any other data you input

4.2 Prohibited Content

You agree not to create or store content that:

Is illegal, harmful, threatening, abusive, harassing, or hateful
Violates any third party's intellectual property rights
Contains malware, viruses, or harmful code
Promotes self-harm or harm to others

4.3 Data Backup

While we provide export and archive features, you are responsible for maintaining backups of your data. We are not liable for any data loss.

5. Privacy and Data

Your privacy is important to us. Please review our Privacy Policy to understand how we handle your information. Key points:

All data is stored locally on your device or in your private iCloud
We do not collect, access, or share your personal data
No third-party tracking or analytics
You control all your data and can export or delete it anytime

6. Intellectual Property

6.1 Our Ownership

The App, including all software, design, text, graphics, logos, and other content (excluding User Content), is owned by Moment of Weakness and protected by copyright, trademark, and other intellectual property laws.

6.2 Your Ownership

You retain all rights to the content you create within the App. We do not claim ownership of your goals, reasons, photos, or other user-generated content.

6.3 Trademarks

"Moment of Weakness" and associated logos are trademarks. You may not use these trademarks without our prior written permission.

7. App Availability and Changes

7.1 Availability

We strive to ensure the App is available at all times, but we do not guarantee uninterrupted access. The App may be unavailable due to:

Maintenance or updates
Technical issues or server problems
Circumstances beyond our reasonable control

7.2 Updates and Modifications

We may update, modify, or discontinue the App (or any part of it) at any time without prior notice. We are not liable for any modifications, suspensions, or discontinuations.

7.3 Device Compatibility

The App requires iOS 17.0 or later. Apple Watch features require watchOS 10.0 or later. You are responsible for ensuring your devices meet these requirements.

8. Payments and Subscriptions

8.1 Free App

Moment of Weakness is currently offered free of charge. We reserve the right to introduce paid features, subscriptions, or in-app purchases in the future.

8.2 Future Pricing

If we introduce paid features:

We will provide clear notice before implementing any charges
Existing features may remain free or become paid at our discretion
Pricing will be clearly displayed before purchase
All purchases are subject to Apple's App Store terms and conditions

8.3 Refunds

All purchases made through the App are processed by Apple. Refund requests must be submitted through the App Store in accordance with Apple's refund policies.

9. Third-Party Services

The App uses Apple's native services, including:

iCloud: For optional data sync (governed by Apple's iCloud Terms)
Core Location: For optional location features (governed by iOS permissions)
Notifications: For check-in reminders (governed by iOS notification settings)

Your use of these Apple services is subject to Apple's terms and conditions.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND
WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
WE ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
WE ARE NOT LIABLE FOR DATA LOSS, LOSS OF PROFITS, OR ANY OTHER LOSSES ARISING FROM YOUR USE OF THE APP
OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE APP (CURRENTLY $0)

11. Indemnification

You agree to indemnify, defend, and hold harmless Moment of Weakness and its developers from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

Your use or misuse of the App
Your violation of these Terms
Your violation of any third-party rights
Any content you create or upload to the App

12. User Conduct

You agree to use the App responsibly and legally. You will not:

Use the App to harm yourself or others
Attempt to bypass any security features
Use automated systems (bots, scrapers) to access the App
Interfere with the App's operation or other users' experience
Violate any applicable local, state, national, or international law

13. Termination

13.1 Termination by You

You may stop using the App at any time by uninstalling it from your devices.

13.2 Termination by Us

We may terminate or suspend your access to the App immediately, without prior notice, if you:

Breach these Terms
Engage in fraudulent or illegal activity
Use the App in a way that harms us or others

13.3 Effect of Termination

Upon termination:

Your license to use the App immediately ends
You must delete the App from all your devices
Local data remains on your device until you delete it
iCloud data remains in your iCloud account (you can delete it manually)

14. Dispute Resolution

14.1 Informal Resolution

If you have a dispute with us, please contact us first at support@momentofweakness.com to attempt to resolve the issue informally.

14.2 Governing Law

These Terms are governed by and construed in accordance with the laws of the United States and the State of California, without regard to conflict of law principles.

14.3 Arbitration

Any disputes that cannot be resolved informally shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. You agree to waive your right to a jury trial or to participate in a class action lawsuit.

15. Children's Use

The App is rated 4+ and does not knowingly collect personal information from children under 13. The App can be used by minors, but:

All data is stored locally on the device
Parents/guardians should supervise usage by minors
The App is not designed specifically for children

16. International Use

The App is available worldwide via the App Store. If you use the App outside the United States:

You are responsible for compliance with local laws
These Terms still govern your use of the App
All data processing occurs locally on your device

17. Accessibility

We strive to make the App accessible to users with disabilities, following Apple's accessibility guidelines. If you encounter accessibility issues, please contact us.

18. Changes to Terms

We may update these Terms from time to time. When we do:

The "Last Updated" date will change
Material changes will be communicated via an in-app notice
Continued use of the App after changes constitutes acceptance
If you don't agree to the new Terms, you must stop using the App

19. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

20. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Moment of Weakness regarding the App and supersede all prior agreements.

21. No Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

22. Contact Information

If you have questions about these Terms:

Email: legal@momentofweakness.com
Support: support@momentofweakness.com
Website: momentofweakness.com

23. Apple Requirements

This App is licensed to you through the Apple App Store. You acknowledge and agree that:

These Terms are between you and Moment of Weakness, not Apple
Apple has no obligation to provide maintenance or support for the App
Apple is not responsible for addressing any claims related to the App
Apple is a third-party beneficiary of these Terms and may enforce them
Your use of the App must comply with the App Store Terms of Service

Acknowledgment

By using Moment of Weakness, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.

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