TERMS OF USE

TERMS OF USE

Introduction

These Terms govern the use of Daily Ritual Card (hereinafter referred to as « the App ») and any other related agreements or legal relationships between the User and the Owner, in a legally binding manner. Capitalized terms are defined in the relevant dedicated sections of this document.

The User must read this document carefully.

Although the contractual relationship related to the use of the App is entered into solely by the Owner and the User, the User acknowledges and agrees that, if the App has been downloaded via the Apple App Store, Apple may enforce these Terms as a third-party beneficiary.

This App is provided by:
AIDOS MOON
Address: 425 Chemin des Papillons 34170 CASTELNAU LE LEZ
Owner contact email: contact@dailyritualcard.com

Terms of Use

Unless otherwise specified, the terms of use detailed in this section apply generally to all Users of Daily Ritual Card (« the App »). Specific conditions of use or access may apply in particular scenarios, and these will be clearly indicated in the relevant sections of this document.

By using the App, Users confirm they meet the following requirements:

  1. There are no restrictions for Users in terms of being Consumers or Business Users.
  2. Users are not located in a country subject to embargoes or trade restrictions imposed by the European Union, the United States, or other applicable jurisdictions.
  3. Users are not listed on any government lists of prohibited or restricted parties (e.g., denied persons or sanctions lists).

Conditions for Account Registration

Registration of User accounts in the App is subject to the following conditions:

  1. Authenticity of Accounts: Accounts created using bots, scripts, or other automated methods are not allowed.
  2. One Account Per User: Each User is permitted to register only one account unless otherwise explicitly authorized.
  3. Account Sharing: User accounts may not be shared or transferred to other individuals unless explicitly permitted by the App’s Owner.

Certain provisions in these Terms may apply only to specific categories of Users. For instance:

  • Some clauses may apply exclusively to Consumers (as defined by applicable law).
  • Other clauses may apply to Users who are not classified as Consumers, such as Business Users.

Such distinctions will be explicitly mentioned in the relevant sections of these Terms. In the absence of such specific mention, all clauses apply to all Users equally.

Content on This Application

Unless otherwise specified or clearly recognizable, all content available on Daily Ritual Card (« the App ») is owned or provided by the Owner or its licensors AIDOS MOON.

The Owner makes every effort to ensure that all content provided on the App complies with applicable legal provisions and does not infringe upon third-party rights. However, it is not always possible to guarantee this result.

If Users believe that any content on the App violates their rights or applicable laws, they are encouraged to report their concerns to the Owner using the contact details provided in this document.

Rights Regarding Content on This Application – All Rights Reserved

The Owner holds and reserves all intellectual property rights for any content available on the App. Users are prohibited from using this content in any way that is not necessary or implicit in the proper use of the App’s services. In particular, but not limited to, Users may not:

  1. Copy, download, or share content beyond what is explicitly permitted.
  2. Modify, translate, transform, or publish content.
  3. Create derivative works from content available on the App.
  4. Sell, sublicense, transfer, or assign the content to third parties.
  5. Allow third parties to perform any of the above actions through their device or account, whether knowingly or unknowingly.

Permitted Uses

Where explicitly stated on the App, Users may download, copy, and/or share specific content for their personal and non-commercial use, provided that:

  1. The copyright attributions and any other attributions requested by the Owner are correctly implemented.
  2. No modifications are made to the content unless expressly permitted.

Any statutory limitations or exceptions to copyright, as provided under applicable laws, shall remain unaffected by these provisions.

Access to External Resources

Through Daily Ritual Card (« the App »), Users may have access to external resources provided by third parties (e.g., links to external websites, third-party content, or services).

Users acknowledge and accept that the Owner AIDOS MOON has no control over such external resources and is therefore not responsible for:

  1. The content, accuracy, or availability of these external resources.
  2. Any damages, losses, or issues arising from the use of such resources.

Conditions Applicable to External Resources:
The use of external resources provided by third parties, including any rights granted in their content, is subject to the terms and conditions established by those third parties. In the absence of such terms, applicable statutory laws will apply. Users are encouraged to review the respective terms and conditions or policies of third-party providers before engaging with their resources.

Acceptable Use

Daily Ritual Card (referred to as « the App ») and its associated services may only be used within the scope of what is provided for under these Terms and applicable laws. Users are solely responsible for ensuring that their use of the App and its services does not violate any applicable laws, regulations, or third-party rights.

The Owner AIDOS MOON reserves the right to take appropriate measures to protect its legitimate interests, including but not limited to:

  1. Denying Users access to the App or its services.
  2. Terminating any agreements or contracts with Users.
  3. Reporting any misconduct performed through the App to competent authorities, including judicial or administrative bodies.

Prohibited Activities

The following activities are strictly prohibited. Users must not:

  1. Violate any laws, regulations, or these Terms.
  2. Infringe on any third-party rights, including intellectual property or privacy rights.
  3. Engage in activities that could significantly impair the Owner’s legitimate interests, including but not limited to:
    • Fraudulent activities.
    • Attempts to disrupt the functionality or security of the App.
    • Misrepresentation of the App’s purpose or misuse of its features.
  4. Offend, harass, or harm the Owner, its representatives, or any third party.

If Users are found engaging in or suspected of engaging in any of the prohibited activities mentioned above, the Owner may take necessary action, including but not limited to:

  • Immediate suspension of the User’s account.
  • Permanent termination of access to the App.
  • Legal action to recover damages or enforce compliance.

Contract Duration

Subscriptions

Subscriptions allow Users to access certain Products or features continuously or regularly over time. The specific details regarding the type of subscription, pricing, and termination are outlined in this section.

Subscriptions Handled via Apple Account

Users may subscribe to Products or services within Daily Ritual Card through their Apple Account associated with the Apple App Store. By doing so, Users acknowledge and agree to the following:

  1. Payment Processing: All payments will be charged directly to the User’s Apple Account.
  2. Automatic Renewal: Subscriptions are automatically renewed for the same duration unless canceled at least 24 hours before the end of the current subscription period.
  3. Renewal Charges: Renewal fees or payments will be charged within 24 hours prior to the expiration of the current subscription period.
  4. Management and Cancellation: Users can manage or cancel their subscriptions through the settings of their Apple App Store account at any time.

Precedence of Apple Policies:
The provisions outlined above regarding subscription management and payments via the Apple App Store shall take precedence over any conflicting or diverging provisions in these Terms. Users are also encouraged to review Apple’s own policies and terms for subscriptions.

Liability and Indemnification

General Limitation of Liability

Unless otherwise explicitly stated or agreed with Users, the liability of the Owner AIDOS MOON for damages in connection with the execution of this Agreement shall be excluded, limited, and/or reduced to the maximum extent permitted by applicable law. The Owner is not liable for damages arising from the improper or unauthorized use of Daily Ritual Card by the User.

Indemnification

The User agrees to indemnify and hold harmless the Owner and its subsidiaries, affiliates, officers, directors, agents, partners, and employees from and against any claims, demands, or damages — including, but not limited to, legal fees and costs — brought by third parties as a result of:

  1. A culpable violation of these Terms by the User.
  2. Any infringement of third-party rights, including intellectual property rights or statutory provisions, connected to the User’s use of the App.
  3. Misuse or unauthorized activities conducted through the App by the User or their affiliates, officers, agents, or partners.

This indemnification also extends to claims exercised by third parties, including but not limited to the Owner’s clients or customers, concerning digital products provided or used by the User (e.g., conformity claims).

Limitation of Liability

Unless otherwise explicitly stated and without prejudice to applicable law, Users shall have no right to claim damages against the Owner or any individual or entity acting on the Owner’s behalf.

This limitation does not apply to:

  1. Damages affecting life, health, or physical integrity.
  2. Damages resulting from the breach of essential contractual obligations necessary to achieve the purpose of the agreement.
  3. Damages resulting from intent or gross negligence on the part of the Owner.

Unless damages fall under the categories outlined above, the Owner’s liability is limited to typical and foreseeable damages assessed at the time the contract was entered into.

Regional Provisions

Australian Users

Limitation of Liability

Nothing in these Terms excludes, restricts, or modifies any guarantee, condition, warranty, right, or remedy that Users may have under the Competition and Consumer Act 2010 (Cth) or any similar state and territory legislation which cannot be excluded, restricted, or modified (non-excludable right). To the fullest extent permitted by law, the Owner’s liability to Australian Users, including liability for a breach of a non-excludable right, is limited, at the Owner’s sole discretion, to one of the following:

  1. Re-performance of the services provided through the App.
  2. Payment of the cost of having the services supplied again.

US Users

Disclaimer of Warranties

Daily Ritual Card is provided strictly on an « as is » and « as available » basis. Use of the App and its services is at Users’ own risk. To the maximum extent permitted by applicable law, the Owner expressly disclaims all conditions, representations, and warranties — whether express, implied, statutory, or otherwise — including but not limited to:

  1. Implied warranties of merchantability, fitness for a particular purpose, or non-infringement of third-party rights.
  2. Warranties regarding the accuracy, reliability, or correctness of content.
  3. Warranties that the service will meet Users’ requirements, be available uninterrupted, secure, or free from errors.

No advice or information, whether oral or written, obtained by the User from the Owner or through the App will create any warranty not expressly stated herein.

Limitation of Liability

To the fullest extent permitted by applicable law, the Owner is not liable for:

  • Damages to Users’ devices or data caused by the use of the App, including content downloaded at the User’s risk.
  • Any third-party products or services advertised, offered, or hyperlinked through the App.
  • Service interruptions or incompatibility with Users’ browsers, devices, or operating systems.

Exceptions to Disclaimers:
Federal laws, some states, and other jurisdictions may not allow the exclusion or limitation of certain implied warranties. As such, the above exclusions may not apply to all Users. This Agreement provides Users with specific legal rights, and they may also have other rights which vary from state to state. The disclaimers and exclusions herein shall not apply to the extent prohibited by applicable law.

Limitations of Liability

To the maximum extent permitted by applicable law, in no event shall the Owner AIDOS MOON or its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers, or employees be liable for:

  1. Indirect and Consequential Damages: Any indirect, punitive, incidental, special, consequential, or exemplary damages, including but not limited to:
    • Loss of profits, goodwill, use, data, or other intangible losses.
    • Damages arising out of or related to the use of, or inability to use, the App or its services.
  2. Unauthorized Access and Security Breaches: Damages, loss, or injury resulting from:
    • Hacking, tampering, or unauthorized access to the App, User accounts, or any stored information.
    • Unauthorized access to or use of the Owner’s secure servers and/or personal information stored therein.
  3. Content and Data Issues:
    • Errors, mistakes, or inaccuracies of content.
    • Bugs, viruses, trojan horses, or similar issues that may be transmitted to or through the App.
    • Errors or omissions in any content or damages incurred as a result of the use of content posted, emailed, transmitted, or otherwise made available through the App.
  4. Service Interruptions or Failures:
    • Interruptions or cessation of transmission to or from the App.
    • Any personal injury or property damage resulting from access to or use of the App.
  5. Third-Party Conduct:
    • Defamatory, offensive, or illegal conduct of any User or third party.

Limitation on Total Liability:
In no event shall the Owner, its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers, or employees be liable for any claims, liabilities, damages, losses, or costs exceeding:

  1. The total amount paid by the User to the Owner in the 12 months preceding the claim, or
  2. The total duration of the agreement between the User and the Owner, whichever is shorter.

Jurisdictional Exceptions:
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages. As a result, certain limitations or exclusions mentioned above may not apply to specific Users.

These Terms provide Users with specific legal rights, and Users may also have other rights which vary depending on the jurisdiction. The disclaimers, exclusions, and limitations of liability outlined herein shall not apply to the extent prohibited by applicable law.

Indemnification

The User agrees to defend, indemnify, and hold harmless the Owner AIDOS MOON and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers, and employees from and against any and all claims, demands, damages, obligations, losses, liabilities, costs, debts, and expenses, including, but not limited to, legal fees and expenses, arising from or related to:

  1. User’s Use of the Service: The User’s use of or access to the App, including any data or content transmitted or received by the User.
  2. Violation of These Terms: The User’s violation of these Terms, including but not limited to, breaches of any representations or warranties outlined herein.
  3. Third-Party Rights Violations: The User’s violation of any third-party rights, including but not limited to, rights of privacy or intellectual property rights.
  4. Violation of Laws or Regulations: The User’s violation of any statutory law, rule, or regulation applicable to their use of the App.
  5. Content Submitted via the User’s Account: Any content submitted through the User’s account, including third-party access with the User’s unique username, password, or other security measures. This includes but is not limited to, misleading, false, or inaccurate information.
  6. User’s Wilful Misconduct: Any wilful misconduct or intentional actions taken by the User.
  7. Acts by Affiliates or Agents: Any violations or misconduct committed by the User’s affiliates, officers, directors, agents, co-branders, partners, suppliers, or employees to the extent permitted by applicable law.

Scope of Indemnification:
The obligations of indemnification include covering any direct, indirect, or consequential damages resulting from the User’s actions or omissions as described above. This also applies to claims initiated by third parties, including other Users or customers, arising from the User’s behavior, content, or use of the App.

Common Provisions

No Waiver

The Owner’s failure to assert any right or provision under these Terms shall not constitute a waiver of any such right or provision. No waiver by the Owner shall be considered a further or continuing waiver of such term or any other term. Any waiver shall only be effective if explicitly stated in writing by the Owner.

Service Interruption

To ensure the best possible service level, the Owner reserves the right to temporarily interrupt the App or its services for maintenance, system updates, or any necessary changes. In such cases, Users will be informed in advance whenever possible.

Within the limits of applicable law, the Owner may also decide to suspend or discontinue the Service entirely. In the event of discontinuation:

  1. The Owner will cooperate with Users to enable them to withdraw any personal data or information stored in the App.
  2. The Owner will respect Users’ rights regarding compensation or continued product use, as required by applicable law.

The Service may also be unavailable due to circumstances beyond the Owner’s reasonable control, such as force majeure events, infrastructural breakdowns, blackouts, or other external factors.

Service Reselling

Users are strictly prohibited from reproducing, duplicating, copying, selling, reselling, or exploiting any part of the App or its services without prior written permission from the Owner. Such permission may be granted explicitly or through a legitimate reselling program authorized by the Owner.

Privacy Policy

To understand how personal data is collected, used, and protected, Users are encouraged to review the Privacy Policy of Daily Ritual Card ([Veuillez insérer le lien vers votre politique de confidentialité]). The Privacy Policy provides detailed information about Users’ rights and the Owner’s data handling practices in compliance with applicable laws, including GDPR and other relevant regulations.

Intellectual Property Rights

Without prejudice to any more specific provisions of these Terms, all intellectual property rights related to Daily Ritual Card (the « App ») are the exclusive property of the Owner AIDOS MOON or its licensors. These rights include, but are not limited to:

  • Copyrights
  • Trademark rights
  • Patent rights
  • Design rights

These rights are protected under applicable laws and international treaties relating to intellectual property.

Trademarks and Other Marks

All trademarks — whether nominal or figurative — and all other marks, trade names, service marks, word marks, illustrations, images, or logos appearing in connection with the App are and remain the exclusive property of the Owner or its licensors. These are protected by applicable laws and international treaties governing intellectual property. Users may not use any of the above for commercial purposes, or in any way that may cause confusion or harm, without prior written authorization from the Owner.

Changes to These Terms

The Owner reserves the right to amend or modify these Terms at any time. In such cases, the Owner will appropriately inform the Users of these changes through the App or other suitable communication channels.

Effective Date of Changes

  1. Future Application of Changes:
    • Changes will only affect the relationship with Users from the date communicated to them onwards.
    • Continued use of the App after the changes take effect signifies the User’s acceptance of the revised Terms.
  2. Rejection of Changes:
    • If Users do not agree to the modified Terms, they must stop using the App and terminate their agreement with the Owner.
    • In such cases, the previous version of the Terms will govern the relationship prior to termination.
  3. Access to Previous Versions:

Advance Notification (If Legally Required): If required by applicable law, the Owner will notify Users in advance of when the modified Terms will take effect.

Assignment of Contract

The Owner AIDOS MOON reserves the right to transfer, assign, dispose of by novation, or subcontract any or all of its rights or obligations under these Terms, provided that such actions take the legitimate interests of the User into account. Provisions regarding changes to these Terms will apply accordingly in the event of such transfers or assignments. Users may not assign, transfer, or delegate their rights or obligations under these Terms in any way without prior written consent from the Owner.

Contacts

All communications related to the use of Daily Ritual Card must be sent to the Owner using the contact information provided in this document:
Email: contact@dailyritualcard.com

Severability

If any provision of these Terms is found to be invalid, unenforceable, or unlawful under applicable law, such provision shall be deemed removed to the extent necessary. The invalidity or unenforceability of such provision shall not affect the validity or enforceability of the remaining provisions, which shall remain in full force and effect.

In such cases, the invalid provision will be replaced with a valid, enforceable provision that most closely reflects the intent of the original provision, to the extent permitted by applicable law.

Specific Provisions by Jurisdiction

US Users

If any provision of these Terms is found to be invalid or unenforceable, it will be interpreted, construed, and reformed to the extent reasonably required to render it valid, enforceable, and consistent with its original intent. These Terms constitute the entire Agreement between the User and the Owner AIDOS MOON regarding the subject matter, and supersede all prior communications or agreements between the parties on the same matter. These Terms shall be enforced to the fullest extent permitted by applicable law.

EU Users

If any provision of these Terms is deemed void, invalid, or unenforceable, the parties agree to make reasonable efforts to amicably substitute the affected provision with a valid and enforceable one that achieves, as closely as possible, the intent of the original provision.

If such an agreement cannot be reached, the void, invalid, or unenforceable provisions shall be replaced by applicable statutory provisions, where allowed by law. Without prejudice to the above, the invalidity or unenforceability of a specific provision will not nullify the entire Agreement unless:

  1. The severed provision is essential to the Agreement.
  2. The invalidity of the provision would have prevented the parties from entering into the Agreement had they known of it in advance.
  3. The remaining provisions create an unacceptable hardship for either party.

Exception for Swiss Consumers

If the User qualifies as a Consumer in Switzerland, Swiss law will apply to these Terms.

Exception for Brazilian Consumers

If the User qualifies as a Consumer in Brazil, and the product or service is commercialized in Brazil, Brazilian law will apply.

Governing Law

These Terms are governed by the law of the location where the Owner is based, as disclosed in this document: FRANCE, without regard to conflict of laws principles.

Prevalence of National Law: If the law of the User’s country of residence provides for higher consumer protection standards, those higher standards shall prevail over the provisions of these Terms.

Venue of Jurisdiction

General Jurisdiction

The exclusive jurisdiction to decide on any disputes resulting from or connected to these Terms lies with the courts of the place where the Owner is based in FRANCE, as disclosed in this document.

Exception for European Consumers

The above provision does not apply to Users that qualify as Consumers under applicable European laws, including those based in:

  • The European Union
  • The United Kingdom
  • Switzerland
  • Norway
  • Iceland

In such cases, disputes will be governed by the courts of the country where the Consumer resides, as provided for by applicable consumer protection regulations.

Exception for Brazilian Consumers

For Users in Brazil that qualify as Consumers, any disputes shall be resolved by the competent courts of the location where the Consumer resides, in accordance with Brazilian law.

Definitions and Legal References

This Application (or « the App »)
Refers to Daily Ritual Card, the property that enables the provision of the Service described in these Terms.

Agreement
Any legally binding or contractual relationship between the Owner AIDOS MOON and the User, governed by these Terms.

Brazilian (or Brazil)
Applies where a User, regardless of nationality, is located in Brazil.

Business User
Any User that does not qualify as a Consumer under applicable law.

Digital Product
A Product that consists of:

  1. Content produced and supplied in digital form; and/or
  2. A service that allows for the creation, processing, storage, or access to data in digital form, as well as the sharing or other interactions with digital data uploaded or created by the User or any other User of the App.

European (or Europe)
Applies where a User, regardless of nationality, is located in the European Union (EU) or the European Economic Area (EEA).

Owner (or « We »)
Indicates the natural person(s) or legal entity that provides Daily Ritual Card and/or the Service to Users. In this case, the Owner refers to:

Service
The service provided by Daily Ritual Card, as described in these Terms and on the App, including but not limited to:

  • Providing well-being rituals and tools.
  • Access to Digital Products, interactive content, and personalized recommendations.

Terms
All provisions applicable to the use of Daily Ritual Card and/or its Service, as described in this document, including any related documents or agreements, and as updated from time to time.

User (or « You »)
Indicates any natural person or legal entity using Daily Ritual Card.

Consumer
A Consumer is any User qualifying as such under applicable law, typically a natural person acting outside the scope of their trade, business, or profession.