HMoonlia App

Please read these terms of use (the “Terms”) and our Privacy Notice before using the App (as defined below). When you use the App, you agree to be bound by these Terms. You may not use the App if you do not agree to all these Terms.
For residents of the United States of America: these Terms contain a binding arbitration clause and class-action waiver at Paragraph 13 below. Please read it carefully.
1. About these Terms

Our App. These Terms govern the provision of our mobile application service that uses data to provide personalised bodygraph (the “App”) and your use of it.
Accepting these Terms. By downloading and/or using the App, you are agreeing to these Terms and are entering into a binding legal agreement with us incorporating these Terms (the “Agreement”). If you do not agree to these Terms, please do not attempt to download, install or use the App.
Asking your parents for permission if you are under 16. You may only agree to these Terms if you are an adult of full legal age of majority in the country or state in which you live (for example, 18 years of age in England). This applies to you even if the age rating for the App indicates that it is suitable for children. If you are not an adult and you want to use the App, you must ask your parent or legal guardian to review these Terms and our Privacy Notice. You may then only use the App if your parent or guardian agrees to the Terms and permits you to use the App under his or her supervision. Your parent or legal guardian must also read our Privacy Notice together with you and they must consent to our processing of your personal data on your behalf in accordance with the Privacy Notice.

2. Who we are
About 4AVS Limited. We are 4AVS Limited, our company is registered in Hong Kong (“we”, “our” and “us”). We have a registered office at Rm B 12/F HANG SENG CAUSEWAY BAY BLDG, 28 YEE WO ST, Causeway Bay, Hong Kong.
3. Our rights and responsibilities

Reasonable skill and care. We will make available the App to you using reasonable skill and care.
App uptime. We will use reasonable endeavours to keep the technology powering the App operational, but we cannot guarantee that the App will be available on an uninterrupted basis.
App maintenance. Your access to the App may be disrupted to allow for appropriate maintenance, repairs, upgrades and the introduction of new functionality and at times unscheduled downtime may be necessary including for security purposes. Further, due to the inherent nature of the internet and mobile phone signal, errors, interruptions and delays may occur in the App from time to time. We will use reasonable endeavours to try to limit the frequency and duration of downtime, to the extent within our control.
Bugs and viruses. We cannot guarantee that the App will be error, bug or virus free. As with all software, we recommend that you run a virus checker before use. We also recommend that you have an up-to-date backup of your device before using the App and that you consult your network administrator before installing the App on a networked device.
Patches and updates. From time to time, we may make it a requirement for you to install patches, updates or additional content to the App in order for you to continue accessing the App, for example, in order to enhance functionality, to add new features or to resolve bugs. We may also perform these updates remotely, including by modifying our software installed on your device, and you acknowledge that we are not required to notify you before doing so.
Accuracy of App content. We do not make any guarantees that the content or related information provided on the App is accurate or complete. The App is for entertainment purposes only and the information provided on it should not be relied upon.

4. Your rights and responsibilities

Account creation. In order to use the App, we will require you to open an account with us and/or a third party (for example, an App Store). To create an account, we will ask you to provide us with certain information. You can find out more about how we use personal data we collect from you in our Privacy Notice.
Accounts not transferable. Any account you create in relation to the App is personal to you and you are not entitled to transfer your account to any other person.
Protecting your login details. If you create an account with us, you agree that you shall take all steps necessary to protect your account and login details and keep them secret. You agree that you shall not give your login details to anyone else or allow anyone else to use your account.
Loss of login details. If you fail to keep your login details, or if you share your login details or account with someone else (whether intentionally or unintentionally), you accept full responsibility for the consequences of this (including any unauthorized purchases) and agree to compensate us for any losses or harm that may result. We will not be responsible to you for any loss that you suffer as a result of an unauthorized person accessing your account and/or using the App, and we accept no responsibility for any losses or harm resulting from its unauthorised use, whether fraudulently or otherwise.
Data loss after account deletion. You understand that, if you delete your account, or if we delete your account in accordance with these Terms, then you may lose access to any data previously associated with your account.
Restrictions on how you can use the App. You must not:

1. use the App in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App or any operating system;
2. infringe our intellectual property rights or those of any third party in relation to your use of the App;
3. transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App;
4. use the App in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;
5. collect or harvest any information or data from the App or our systems or attempt to decipher any transmissions to or from the servers running the App.

5. Our right to suspend or terminate your access to the App

Suspension for breach of these Terms. We may temporarily suspend your account or access to the App if we have reason to suspect that you have breached any of these Terms.
Suspension process. If we suspend your account or access to the App:

1. we will use reasonable endeavours to notify you;
2. you will not be able to access your account during the period of suspension, while we investigate the circumstances;
3. depending on the outcome of our investigation, you may be permanently excluded from using the App, in which case we will use reasonable endeavours to notify you if this happens.

Ending your rights to use the App. If you are in serious breach of these Terms, we can end your rights under this Agreement immediately at any time and without refunding any payments made by you. If we do this, we will give you notice that we are terminating this Agreement with immediate effect.
Ending your rights for reasons outside our control. We can also end your rights under this Agreement immediately at any time, giving you as much notice as possible, if we’re forced to do so for technical or operational reasons beyond our control. If we end your access in these circumstances, we will use reasonable endeavours to work with your App Store to facilitate a refund of the proportion of your Subscription fee relating to the period you’ve paid for but for which you have not received access to the App.
Effect of ending your rights. If we end your rights under this Agreement, you must immediately stop all activities authorised by this Agreement, including your access to the App.

6. App Stores and other third parties

App Store's attitude towards you. To access the App, you need to download and install it from the App Store. As stated in paragraph 2 above, the App Store will establish its own rules governing the use of its services and the App.

7. Our liability to you

Liability for foreseeable loss and damage. We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms, we may be responsible for loss or damage you suffer that is a foreseeable result of our breaching these Terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these Terms, both we and you knew it might happen.
Restrictions on our limits of liability. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation, or for any breach by us of any of your statutory rights.
Our liability for defective digital content. We will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
No liability for commercial use. We only supply the App for domestic and private use. If you use the App for any commercial, business or resale purpose then we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Liability for events outside our control. If our provision of the App is delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event.
Limitation of liability in accordance with applicable law. If the consumer law of the country or state in which you reside does not allow any limitations of liability, then those limitations apply only to the maximum extent permitted by the laws of those jurisdictions. Nothing in these Terms shall affect any statutory rights that you may have as a consumer of the App.

8. Your privacy
Your personal data. When we process your personal data, we do so in accordance with the data protection laws which apply to us and with our Privacy Notice. Please read it carefully.
9. Changes to these Terms

Our right to change these Terms. We may amend these Terms from time to time to ensure that we remain compliant with applicable laws and regulations and/or to reflect any changes we make to the App or our business practices.
Notice of changes. Any changes we make to these Terms will be posted on this webpage that makes these Terms available, so we recommend that you check back frequently to see any updates or changes made to these Terms. Where the changes are material, we will give you advance notice, which may be by using an in‑App notification or by contacting you directly via the email address you supply to us when you register with us.
Your acceptance of changes. Your continued use of the App after any changes are made will be considered acceptance of those changes and will constitute your agreement to be bound by them. If you do not agree to any new Terms please see below for information on how to cancel your Subscription.

10. Help and contact

Help Centre. If you need help using the App, please follow this link: Support. If you need to contact us, please click “Send” in the Help Center.
App Store issues. If you have any questions about an In-App Subscription or anything to do with your App Store, then please contact your App Store.

11. Complaints, law and jurisdiction

Complaints. If you have a complaint, let us first try to resolve it by contacting us using the details specified in the paragraph above.
Disputes. In case of any dispute, controversy, or claim relating to these Terms (including the Privacy Policy) and/or the App (a “Dispute”), both parts (you and we) shall first use all our efforts to find the best resolution to the Dispute for at least 30 days before initiating any formal proceeding. This period of informal negotiations will begin upon written notification from one party to the other.
Governing law. This Agreement, and any Dispute, shall be governed by and interpreted in accordance with English law, except for certain claims and disputes, for example, relating to consumer protection, unfair competition and tort, which may be subject to the laws of the country or state in which you are resident.
Jurisdiction. The jurisdiction for any Dispute shall depend on the country or state in which you are resident. You may only bring legal proceedings in respect of a Dispute against us as follows:

1. if your country or state of residence is the United States of America: arbitration proceedings in the United States of America strictly in accordance with Paragraph 13 below, which is entitled "Binding arbitration for residents of the United States of America”; or
2. if your country or state of residence is neither the United States of America nor the courts of the country or state in which you reside, if you are permitted to do so by the laws of the country or state in which you are resident.
12. Other important terms

Entire agreement. These Terms set out the entire agreement between you and us concerning the App and they replace all earlier agreements and understandings between you and us in respect of the App.
Transfer of rights. You may not assign or otherwise transfer your rights and obligations under this Agreement for any reason. We may assign and transfer our rights and obligations under this Agreement to another person or company.
Severability of terms. Each of the terms and conditions of this Agreement operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining terms and conditions will remain in full force and effect.
Our relationship. Nothing in this Agreement will create any relationship of partnership, agency or employment between us.
No waiver. If we do not enforce our rights against you, or if we delay in doing so, that does not mean that we have waived our rights against you, and it does not mean that you are relieved of your obligations under this Agreement. If we do waive a breach by you, we will only do so in writing, and that will not mean that we will automatically waive any later breach by you.

13. For residents of the United States of America only: binding arbitration and class action waiver

If your country or state of residence is not the United States of America, then the provisions of this Paragraph 13 do not apply to you.
PLEASE READ THIS PARAGRAPH 13 CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE YOUR DISPUTE TRIED BEFORE A JURY.
If your country or state of residence is the United States of America, the BINDING ARBITRATION AND CLASS ACTION WAIVER provisions in this Paragraph 13 apply to any Dispute between you and us. You further agree that the Federal Arbitration Act (9 U.S.C. §1, et seq.) governs the interpretation and enforcement of this Paragraph 13 and this Agreement constitutes a transaction in interstate commerce. The provisions of this Paragraph 13 shall survive any termination of this Agreement.
As set out in Paragraph 1 above, please contact us first if you have a complaint. If you and we have not agreed a resolution within a period of 30 days from the day when you first contacted us to try to resolve matters through informal dispute resolution. If you and we do not reach an agreed-upon solution within the informal Dispute resolution period, then, subject to the terms below, the Dispute will be finally and exclusively resolved by binding arbitration. Among other things, ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO COURT PROCEEDINGS (INCLUDING A JUDGE OR JURY) IN A STATE OR FEDERAL COURT AND THE GROUNDS FOR APPEAL BY YOU OR US ARE MORE LIMITED. Either you or we may elect to initiate binding arbitration, and the election to arbitrate a Dispute by one party shall be final and binding on the other.
If either we or you commence arbitration proceedings, all claims arising out of or relating to this Agreement (including its formation, performance and breach), the relationship between you and us and/or your use of the App shall be finally settled by binding arbitration administered by JAMS, a national arbitration body based in the United States of America, and governed in accordance with the provisions of this Agreement and the procedural rules of JAMS that are in effect when the arbitration commences, excluding any rules that permit arbitration on a class or representative basis (the JAMS Rules). For a copy of the JAMS Rules or more information about JAMS and commencing arbitration proceedings, please visit jamsadr.com.
There shall be a single neutral arbitrator appointed by agreement between us in accordance with the Jams Rules. The place (or ‘seat’) of the arbitration shall be New York City, New York. To the extent permitted by the JAMS Rules, you may choose to participate in arbitration remotely by videoconference or teleconference. The arbitrator and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement, including, but not limited to any claim that all or any part of this Agreement are void or voidable, or whether a claim is subject to arbitration. Additionally, the arbitrator shall apply the law of the United States and the arbitrator shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement. The arbitrator’s award shall be written and binding and may be entered as a judgment in any court of competent jurisdiction. The arbitrator may grant whatever relief would be available to a court under law or in equity. Nothing in this Paragraph 13 shall in any way limit either party’s rights to bring a limited proceeding in a court of competent jurisdiction to compel arbitration pursuant to this Agreement, to stay a pending proceeding in favour of arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
YOU UNDERSTAND AND HEREBY AGREE THAT, BY ACCEPTING THESE TERMS, YOU ARE WAIVING THE RIGHT TO BRING A LAWSUIT IN COURT AND TO HAVE YOUR CLAIMS HEARD BY A JURY. YOU FURTHER ACKNOWLEDGE AND AGREE THAT, ABSENT THIS MANDATORY PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL; AND THAT, IN SOME INSTANCES, THE COSTS OF ARBITRATION COULD EXCEED THE COSTS OF LITIGATION AND THE RIGHT TO DISCOVERY MAY BE MORE LIMITED IN ARBITRATION THAN IN COURT.
YOU AND WE FURTHER AGREE THAT ANY ARBITRATION OR OTHER PERMITTED ACTION SHALL BE LIMITED TO THE DISPUTE BETWEEN YOU AND US, AND SHALL BE CONDUCTED IN YOUR AND OUR INDIVIDUAL CAPACITIES ONLY AND NOT AS A CLASS ACTION OR OTHER REPRESENTATIVE ACTION, AND THAT YOU AND 4AVS LIMITED EXPRESSLY WAIVE OUR RIGHTS TO FILE A CLASS-ACTION OR SEEK RELIEF ON A CLASS BASIS. YOU AND WE AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. IF ANY COURT OR ARBITRATOR DETERMINES THAT THE CLASS ACTION WAIVER SET FORTH IN THIS PARAGRAPH IS VOID OR UNENFORCEABLE FOR ANY REASON OR THAT AN ARBITRATION CAN PROCEED ON A CLASS BASIS, THEN THE ARBITRATION PROVISION SET FORTH ABOVE SHALL BE DEEMED NULL AND VOID IN ITS ENTIRETY AND THE PARTIES SHALL BE DEEMED TO HAVE NOT AGREED TO ARBITRATE DISPUTES.
As an exception to the agreement on a binding arbitration under this Paragraph 13 either party may bring legal proceedings in respect of a Dispute before a state or federal court in the United States of America or elsewhere where the legal proceedings only assert claims relating to intellectual property infringement (including claims relating to patents, copyright, moral rights, trade marks and designs, but not claims relating to any licence granted by this Agreement).
You have a limited right to opt out and not be bound by the arbitration and class action waiver provisions in this paragraph 13 by sending written notice of your decision to opt out, marked for the information of our legal team, to the following address: Rm B 12/F HANG SENG CAUSEWAY BAY BLDG, 28 YEE WO ST, Causeway Bay, Hong Kong. To become effective, your written notice must be received by us within 30 days of the first use of the App, otherwise you will be obliged to resolve disputes in arbitration in accordance with the terms of this paragraph 13. If you choose to opt out of these arbitration clauses, we will not be bound by them either.