These Terms govern your use of Calling Moonshots' websites, mobile and desktop applications, APIs, and paid subscription services. They include an arbitration clause and class-action waiver — please read Section 18 carefully.
These Terms of Service ("Terms") form a binding agreement between you ("you", "your") and Calling Moonshots, together with its affiliates and subsidiaries ("Calling Moonshots", "we", "us", "our"). The Services include callingmoonshots.com, any mobile or desktop applications we publish, our APIs, and any subscription or software services we offer (collectively, the "Services"). By creating an account, downloading, installing, accessing, or using any of the Services — or by clicking a button or checking a box indicating acceptance — you agree to these Terms. If you do not agree, do not use the Services.
If you are accepting on behalf of a company or other entity, you represent that you have authority to bind that entity, and "you" refers to that entity.
You must be at least 13 years old (16 in the European Economic Area, the United Kingdom, and other jurisdictions where a higher minimum applies) and legally capable of entering into a binding contract. If you are below the age of majority in your jurisdiction, your parent or legal guardian must agree to these Terms on your behalf and is responsible for your use. We may refuse service or close any account at our sole discretion.
The Services are offered on a paid subscription basis. Plans, features, prices, billing cycles (e.g., monthly, annual), and any usage-based fees are described at the point of purchase or in your account settings.
Your subscription will automatically renew at the end of each billing period at the then-current rate, until cancelled. By starting a paid subscription, you authorize Calling Moonshots — or our payment processors, or the applicable distribution channel (Apple App Store, Google Play, or other) — to charge your payment method on a recurring basis without further authorization until cancellation.
Cancellation takes effect at the end of the then-current billing period. You retain access to paid features until that date. We do not provide pro-rated refunds for partial periods except where required by law.
We may change subscription prices on renewal. Where required by law (including California's Automatic Renewal Law), we will provide you at least 30 days' advance notice by email or in-product notice before any price increase takes effect. Continued use after the new price becomes effective constitutes acceptance.
Prices may not include applicable sales, use, value-added, or similar taxes, which we may collect where required. You are responsible for any taxes that apply to your purchase.
If a charge is declined, we may retry the charge, suspend the Services, downgrade to a free tier (if available), or terminate the subscription. You remain responsible for unpaid amounts.
If we offer a free trial, the terms (including length, eligibility, and conversion to a paid subscription) will be disclosed at sign-up. Unless cancelled before the trial ends, the trial automatically converts to a paid subscription, and you authorize us to charge your payment method. Free trials are limited to one per person, household, and payment method, and we reserve the right to refuse or revoke trials we believe are abused.
Except where required by applicable law or expressly stated in writing, all payments are non-refundable, and we do not provide refunds or credits for partial billing periods, unused features, or downgrades.
Subscriptions purchased through the Apple App Store or Google Play are subject to those platforms' refund policies; we cannot issue refunds on transactions we did not process.
For subscriptions purchased directly from us, you may request a goodwill refund within 14 days of the original purchase by emailing cp@callingmoonshots.com; refunds outside this window are at our sole discretion.
If you are a consumer resident in the European Economic Area or the United Kingdom, you have a 14-day right of withdrawal for digital services that have not yet begun. By starting use of the Services within the 14-day window, you expressly consent to immediate performance and acknowledge that you waive your right of withdrawal once performance has begun, in accordance with EU/UK consumer law.
Subject to your compliance with these Terms and timely payment of all fees, Calling Moonshots grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services for your personal use or, in the case of a business account, for the internal business purposes of the entity that purchased the subscription, during the term of your subscription.
You will not, and will not permit any third party to:
All right, title, and interest in and to the Services — including all software, designs, text, graphics, audiovisual content, trademarks, service marks, logos, and the "Calling Moonshots" name — are owned by Calling Moonshots or its licensors and are protected by copyright, trademark, patent, trade secret, and other laws. No rights are granted to you except as expressly set out in these Terms. All rights not expressly granted are reserved.
If you provide feedback, suggestions, or ideas about the Services, you grant Calling Moonshots a perpetual, irrevocable, worldwide, royalty-free, sublicensable license to use that feedback for any purpose, without obligation to you.
If the Services allow you to submit, upload, or transmit content ("User Content"), you retain all ownership rights you have in your User Content. You grant Calling Moonshots a worldwide, non-exclusive, royalty-free, sublicensable, transferable license to host, store, copy, reproduce, transmit, display, perform, and modify (for technical formatting purposes only) your User Content solely as necessary to provide, maintain, secure, and improve the Services.
You represent and warrant that (a) you own or have all necessary rights to your User Content, (b) your User Content and our authorized use of it does not infringe, misappropriate, or violate any third-party right or any law, and (c) you have obtained all necessary consents and provided all necessary notices.
You are solely responsible for your User Content. We may, but are not obligated to, review, monitor, or remove User Content at our discretion.
You agree not to use the Services to:
We may, at our discretion and without liability, remove content, suspend accounts, throttle access, or terminate the Services in response to violations.
From time to time we may make pre-release, alpha, or beta features available ("Beta Features"). Beta Features are provided "as is" without warranty of any kind, may contain bugs, may be discontinued at any time, and are subject to additional terms we provide at the time of access. Information about Beta Features is our confidential information; you agree not to disclose it without our consent.
The Services may interoperate with, or include links to, third-party products, websites, and services that we do not control ("Third-Party Services"), including payment processors (e.g., Stripe), distribution channels (Apple App Store, Google Play), authentication providers, hosting and content delivery (Cloudflare, AWS, Google Cloud), analytics, and email delivery providers. Your use of Third-Party Services is governed by their own terms and privacy policies. Calling Moonshots is not responsible for, and does not endorse, any Third-Party Services.
If you obtain the Services through the Apple App Store, the following additional terms apply, and override anything inconsistent in these Terms with respect to that distribution:
If you obtain the Services through Google Play, you also agree to the Google Play Terms of Service. Calling Moonshots — not Google LLC ("Google") — is solely responsible for the Services and their content, maintenance, support, and any associated warranties (to the extent any warranties apply). Google has no obligation or liability with respect to the Services.
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CALLING MOONSHOTS, ITS AFFILIATES, AND ITS LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, AND QUIET ENJOYMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE.
WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, ERROR-FREE, OR FREE OF VIRUSES OR HARMFUL COMPONENTS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE RESULTS OBTAINED FROM USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE. NO ADVICE OR INFORMATION OBTAINED FROM US OR THE SERVICES CREATES ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES; IN THOSE JURISDICTIONS, OUR DISCLAIMERS APPLY TO THE GREATEST EXTENT PERMITTED.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL CALLING MOONSHOTS, ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES — INCLUDING DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATA, OR BUSINESS INTERRUPTION — ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, STATUTE, STRICT LIABILITY, OR OTHERWISE) AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL CUMULATIVE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE GREATER OF (i) THE TOTAL AMOUNT YOU PAID TO CALLING MOONSHOTS IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (ii) ONE HUNDRED U.S. DOLLARS (US$100). MULTIPLE CLAIMS WILL NOT EXPAND THIS LIMIT.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES; IN THOSE JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. THE LIMITATIONS IN THIS SECTION ARE A FUNDAMENTAL ELEMENT OF THE BARGAIN BETWEEN YOU AND CALLING MOONSHOTS AND APPLY EVEN IF AN EXCLUSIVE REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU AND CALLING MOONSHOTS TO RESOLVE DISPUTES BY INDIVIDUAL ARBITRATION AND LIMITS YOUR RIGHTS, INCLUDING THE RIGHT TO BRING A CLASS ACTION OR HAVE YOUR DISPUTES DECIDED BY A JUDGE OR JURY.
Before initiating any formal dispute, you agree to first contact us at cp@callingmoonshots.com with a written description of the claim and to attempt good-faith resolution for at least 60 days.
If we cannot resolve the dispute informally, any dispute, claim, or controversy arising out of or relating to these Terms or the Services — including their formation, interpretation, breach, or termination — will be resolved by final and binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect. The arbitrator, not any court, will have exclusive authority to resolve disputes about the formation, interpretation, applicability, or enforceability of this arbitration agreement. The seat of arbitration is San Francisco County, California; arbitration may proceed by telephone, online, or in writing where permitted. The Federal Arbitration Act (9 U.S.C. § 1 et seq.) governs the interpretation and enforcement of this section.
YOU AND CALLING MOONSHOTS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL PROCEEDING. The arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding. If a court finds the class-action waiver unenforceable as to a particular claim, that claim will be severed and may proceed in court; the remainder of disputes must still proceed in arbitration.
Either party may (a) bring an individual claim in small-claims court for disputes within that court's jurisdiction or (b) seek injunctive or other equitable relief in a court of competent jurisdiction to protect intellectual property rights.
You may opt out of this arbitration agreement within 30 days of first accepting these Terms by sending written notice to cp@callingmoonshots.com with subject line "Arbitration Opt-Out", including your full name, address, and the email associated with your account. Opting out does not affect any other provision of these Terms.
You agree to defend, indemnify, and hold harmless Calling Moonshots, its affiliates, and their respective officers, directors, employees, contractors, agents, licensors, and suppliers from and against all claims, demands, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your access to or use of the Services; (b) your User Content; (c) your breach of these Terms or any representation, warranty, or covenant herein; (d) your violation of any law or regulation; or (e) your violation of any third-party right, including intellectual property or privacy rights. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will cooperate in asserting any available defenses.
You may terminate these Terms at any time by cancelling your subscription and ceasing use of the Services. We may suspend, restrict, or terminate your access to all or part of the Services at any time, with or without cause and with or without notice, including for breach of these Terms, suspected fraud, security risk, prolonged inactivity, non-payment, or compliance with law. Upon termination: (a) your right to use the Services ceases immediately; (b) we may delete your account and User Content after a reasonable retention period; (c) any fees paid are non-refundable except as expressly stated; and (d) Sections 6, 8, 9, 10, 11, 16, 17, 18, 19, 22, 24, 25, 27, 28, and 29 survive.
We may add, modify, or discontinue features of the Services at any time. We may also modify these Terms at any time. If we make material changes, we will provide notice — for example, by email to the address on file, by an in-product notice, or by posting an update on this page — at least 30 days before the changes take effect, except where shorter notice is required by law or by security or operational urgency. Your continued use of the Services after the effective date constitutes acceptance of the updated Terms. If you do not agree, you must stop using the Services and may cancel your subscription.
We respect the intellectual property rights of others and respond to clear notices of alleged copyright infringement that comply with the U.S. Digital Millennium Copyright Act ("DMCA"). To submit a notice, send the items required by 17 U.S.C. § 512(c)(3) — including identification of the work, identification of the allegedly infringing material with sufficient detail to locate it, your contact information, a good-faith statement, an accuracy/authority statement, and a physical or electronic signature — to cp@callingmoonshots.com with subject line "DMCA Notice". We may, in appropriate circumstances and at our discretion, terminate the accounts of repeat infringers.
The Services and any related technology are subject to U.S. export laws and may be subject to import or export laws in other countries. You agree not to use, export, re-export, transfer, or release the Services in violation of any applicable export-control or sanctions law. You represent that you are not located in any country subject to a U.S. Government embargo or designated as a "terrorist supporting" country, and that you are not on any U.S. Government list of prohibited or restricted parties.
The Services and related documentation are "Commercial Items," as that term is defined at 48 C.F.R. § 2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation," as such terms are used in 48 C.F.R. § 12.212 or 48 C.F.R. § 227.7202, as applicable. Consistent with 48 C.F.R. § 12.212 or § 227.7202-1 through § 227.7202-4, the Commercial Computer Software and Commercial Computer Software Documentation are licensed to U.S. Government end users only as Commercial Items and only with those rights granted to all other end users under these Terms.
Neither party will be liable for any delay or failure in performance (other than payment obligations) resulting from causes beyond its reasonable control, including natural disasters, fire, flood, earthquake, pandemic, acts of war or terrorism, civil disturbance, government action, internet or telecommunications failure, utility outages, or labor disputes.
You may not assign or transfer these Terms or any of your rights or obligations under them, by operation of law or otherwise, without our prior written consent. Any attempted assignment in violation of this section is void. Calling Moonshots may freely assign these Terms in connection with a merger, acquisition, financing, reorganization, or sale of all or substantially all of its assets, or by operation of law.
If any provision of these Terms is held invalid or unenforceable, that provision will be construed to reflect the parties' original intent, and the remaining provisions will remain in full force and effect. Our failure to enforce any provision is not a waiver of our right to do so later. These Terms — together with any order forms, our Privacy Policy, and any other terms expressly incorporated by reference — constitute the entire agreement between you and Calling Moonshots and supersede all prior or contemporaneous agreements relating to the Services.
We may give notices to you by email (to the address on file), through the Services, or by posting on callingmoonshots.com. Notices are effective when sent or posted. You may give notice to us at cp@callingmoonshots.com. Legal notices to us must reference "Legal Notice" in the subject line.
These Terms and any dispute arising out of or related to them or the Services are governed by the laws of the State of Delaware, without regard to its conflict-of-laws principles, and the Federal laws of the United States to the extent applicable. To the extent that any dispute is permitted to proceed in court rather than arbitration, you and Calling Moonshots submit to the exclusive personal jurisdiction and venue of the state and federal courts located in San Francisco County, California, and waive any objection based on inconvenient forum.
The U.N. Convention on Contracts for the International Sale of Goods does not apply to these Terms.
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