1. Agreement to Terms

1.1 Acceptance

These Terms of Service (“Terms”) constitute a legally binding agreement between you (“User,” “you,” or “your”) and Inolab (“Company,” “we,” “us,” or “our”) governing your access to and use of the Moth mobile application, website, APIs, and all related services (collectively, the “Service”).

By downloading, installing, accessing, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must immediately cease all use of the Service.

1.2 Modifications to Terms

We reserve the right to modify these Terms at any time at our sole discretion. We will notify you of material changes by posting the updated Terms within the Service, updating the “Last Updated” date, and, where practicable, sending you a notification via email or in-app alert. Your continued use of the Service after such modifications constitutes acceptance of the revised Terms. If you do not agree with any modifications, your sole remedy is to discontinue use of the Service.

1.3 Additional Terms

Certain features of the Service may be subject to additional terms, guidelines, or policies (such as our Privacy Policy, Acceptable Use Policy, or promotional terms). In the event of a conflict between these Terms and any additional terms, the additional terms shall control with respect to the applicable feature.

2. Eligibility

You must be at least 16 years of age to use the Service. If you are under 18 years of age, you represent that your parent or legal guardian has reviewed and agreed to these Terms on your behalf. By using the Service, you represent and warrant that you meet these eligibility requirements and have the legal capacity to enter into these Terms. The Company does not knowingly collect personal information from users under 16. If we become aware that a user under 16 has provided personal data without verifiable parental consent, we will take steps to delete such data.

3. Description of the Service

3.1 Overview

Moth is a reading tracker application that helps you record the books you read, time your reading sessions, maintain reading streaks, capture quotes from your books, compete against reading challenges, and generate shareable recap cards summarizing your reading activity. The Service is designed to help you build and celebrate a reading habit, and to let you share that journey with others.

3.2 Reading Data and Generated Cards

The Service stores information about your reading activity (such as the books in your library, reading sessions, streaks, quotes, and challenges) and composes visual recap cards from that information. You acknowledge and agree that:

Reading statistics and visualizations are derived from the data you log in the app and are intended for personal reflection and sharing.
Recap cards are generated on your device from your Reading Data and reflect the information as it exists at the moment of generation.
The accuracy of your statistics depends on the accuracy and completeness of the Reading Data you log.

3.3 Service Availability

The Service relies on third-party infrastructure, cloud computing services, and content delivery networks. As a result, the Service may experience downtime, interruptions, latency, or degraded performance due to factors beyond our reasonable control. We do not guarantee uninterrupted or error-free access to the Service and may modify, suspend, or discontinue any aspect of the Service at any time without prior notice.

4. Account Registration and Security

4.1 Account Creation

To access certain features of the Service, you must create an account. You may register using your email address or through third-party authentication providers (such as Apple or Google Sign-In). You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate.

4.2 Account Security

You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other security breach. The Company will not be liable for any loss or damage arising from your failure to protect your account credentials.

4.3 One Account per User

Each user may create and maintain only one account. Creating multiple accounts to circumvent usage limits, exploit promotions, or for any other purpose is strictly prohibited and may result in immediate termination of all associated accounts without refund.

4.4 Fraud Prevention

To protect the integrity of the Service and prevent abuse, we may employ IP address analysis, behavioral analytics, and other fraud detection technologies. By using the Service, you consent to the collection and processing of device-level data solely for the purposes of fraud prevention, security, and enforcement of these Terms.

5. Subscriptions and Payments

5.1 Free Tier

The Service offers a generous free tier that includes the core reading tracker features. Recap cards and share images generated on the free tier include a small Moth watermark. Free-tier features may be modified or discontinued at any time at the Company’s sole discretion. Free-tier users are subject to the same Acceptable Use provisions as paid subscribers.

5.2 Premium Subscription

The Service offers a Premium subscription that removes the watermark from recap cards and unlocks additional templates, streak freezes, and other premium features. The current price and feature set of the Premium subscription are displayed within the Service before purchase.

5.3 Purchasing and Billing

All purchases are processed through the Apple App Store or, where available, the Google Play Store (collectively, the “Application Store”). By subscribing, you agree to the payment terms of the applicable Application Store. The Company does not directly handle payment processing and is not responsible for billing errors, payment failures, or issues arising from the Application Store’s payment systems.

5.4 Automatic Renewal and Cancellation

Subscriptions automatically renew at the end of each billing cycle unless you cancel before the renewal date. You may cancel your subscription at any time through your device’s Application Store subscription settings. Cancellation takes effect at the end of the current billing period; you will retain access to your subscription benefits until that date. No prorated refunds will be issued for partial billing periods.

5.5 Price Changes

The Company reserves the right to modify subscription pricing at any time. Price changes will take effect at the start of the next billing cycle following notice. We will provide reasonable advance notice of any price increases. If you do not agree with a price change, you must cancel your subscription before the new pricing takes effect.

5.6 Refunds

All purchases are generally non-refundable except as required by applicable law or by the refund policies of the applicable Application Store. Refund requests for purchases made through an Application Store must be directed to the relevant Application Store. The Company may, in its sole discretion, offer refunds on a case-by-case basis, but is under no obligation to do so.

5.7 Free Trials

The Company may offer free trial periods for the Premium subscription. If you do not cancel before the free trial ends, you will be automatically charged for the selected subscription plan. The Company reserves the right to limit free trial eligibility to one trial per user, per device, or per payment method, and to modify or discontinue free trial offers at any time.

6. Acceptable Use Policy

6.1 Purpose

To keep the Service available, performant, and equitable for all users, the Company enforces an Acceptable Use Policy. Server resources required for authentication, data synchronization, and the delivery of the Service are finite and shared among all users. Excessive or abusive usage by individual users can degrade service quality for others.

6.2 Usage Limits and Throttling

The Company reserves the right, at its sole discretion, to impose, adjust, or enforce usage limits at any time. These limits may include, but are not limited to:

Rate limiting on API requests and sync operations.
Caps on the number of books, quotes, or reading sessions that may be synced within a given period.
Queuing or deprioritizing requests from users who exceed normal usage patterns.
Limits on file sizes for profile pictures or other uploaded media.

6.3 Abuse and Resource Protection

The Company expressly reserves the right to cap, throttle, suspend, or restrict the usage of any user whose activity disproportionately impacts the availability or performance of the Service for other users. This includes, without limitation, users who:

Use automated scripts, bots, or other programmatic means to interact with the Service.
Submit a volume of requests substantially exceeding the normal usage patterns for their subscription tier.
Engage in patterns of usage designed to exploit, stress-test, or overwhelm Service infrastructure.
Resell, redistribute, or share account access for the purpose of circumventing individual usage limits.

6.4 Remedies

If the Company determines, in its sole discretion, that your usage violates this Acceptable Use Policy, we may take any or all of the following actions, with or without prior notice:

Issue a warning via email or in-app notification.
Temporarily reduce your sync priority or throttle access to certain features.
Temporarily suspend your access to the Service.
Suspend or terminate your account in accordance with the Termination provisions of these Terms.

The Company will endeavor to provide reasonable notice and an opportunity to cure where practicable, but reserves the right to act immediately where urgent action is necessary to protect the Service or other users.

7. User Content

7.1 Your Content

The Service allows you to log books, record reading sessions, capture quotes, write notes or reviews, set reading challenges, and generate share cards. Collectively, the information you record or create within the Service is referred to as “User Content.” You retain all ownership rights in your User Content, subject to the limited licenses granted herein.

7.2 License to User Content

By recording or submitting User Content to the Service, you grant the Company a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to host, store, reproduce, process, adapt, and display your User Content solely for the purposes of:

Providing the Service to you, including syncing your Reading Data across your devices and composing recap cards from that data.
Improving and operating the Service’s features and quality, in anonymized or aggregated form that does not identify you.
Complying with legal obligations.

This license continues only for as long as your User Content is stored on our systems, and terminates when your User Content is deleted in accordance with our data retention policies.

7.3 Representations About User Content

By submitting User Content, you represent and warrant that:

You own or have obtained all necessary rights, licenses, consents, and permissions to record and share such content.
Your User Content does not infringe, misappropriate, or violate any third party’s intellectual property rights, privacy rights, publicity rights, or other legal rights.
Your User Content does not depict illegal activity, contain malicious code, or include content that is obscene, defamatory, or otherwise objectionable.
Quotes you capture from copyrighted works are limited to short excerpts captured for personal reference, study, or commentary. When you share such quotes publicly using the Service, you acknowledge responsibility for complying with applicable copyright and fair-use laws.

Share cards generated by the Service combine your User Content (such as a book title, author, quote, or statistic) with visual templates owned by the Company. You acknowledge and agree that:

You are free to share cards composed from your own Reading Data for personal, non-commercial purposes.
The Company retains all rights in the underlying card templates, fonts, illustrations, mascot imagery, and visual design language used to compose the cards.
The Company grants you a non-exclusive, non-transferable, revocable license to share cards generated through the Service for personal, non-commercial purposes. Commercial use of cards (for example, using cards as paid advertising, merchandise, or promotional material for a product or service you sell) requires the Company’s prior written consent.
Book cover images surfaced within the Service are sourced from third-party book data providers and remain the property of their respective rights holders.

7.5 Data Storage and Retention

User Content is stored on secure cloud infrastructure provided by third-party service providers. You acknowledge and agree that:

We store your User Content for as long as your account remains active and for a reasonable period thereafter to enable account recovery.
We may delete User Content after account termination or extended periods of account inactivity, in accordance with our data retention policies.
While we employ commercially reasonable security measures to protect stored content, we do not guarantee the absolute security, integrity, or permanent availability of your stored data.
You are solely responsible for maintaining independent backups of any User Content that is important to you.
The Company is not liable for any loss, corruption, or unauthorized access to stored User Content resulting from causes beyond our reasonable control, including but not limited to third-party service provider failures, cyberattacks, or force majeure events.

7.6 Content Moderation

The Company reserves the right, but is not obligated, to review, screen, or filter User Content to detect content that violates these Terms or applicable law. We may refuse to process, remove, or disable access to any User Content at our sole discretion and without notice.

8. Third-Party Services and Infrastructure

8.1 Reliance on Third-Party Providers

The Service relies on third-party services to operate, including but not limited to:

Database and Backend: We use Convex for database hosting and Cloudflare Workers for backend orchestration.
Authentication: Account registration and login are facilitated through Better Auth and third-party authentication providers such as Apple Sign-In and Google Sign-In.
Cloud Storage: We use Cloudflare R2 for storage of profile pictures and cached book cover imagery.
Subscription Management: Subscription entitlements are managed through RevenueCat.
Payment Processing: All payment transactions are processed by the Apple App Store or Google Play Store.
Analytics: We use PostHog to monitor Service performance and usage patterns.
Book Data Providers: Book metadata (title, author, cover, ISBN) is sourced from third-party book data providers.

8.2 Third-Party Terms

Your use of the Service may be subject to the terms and conditions of third-party service providers. We are not responsible for the practices, policies, or performance of any third-party provider. You acknowledge that we have no control over and assume no responsibility for the availability, accuracy, or reliability of third-party services.

8.3 Limitation of Liability for Third-Party Services

The Company shall not be liable for any failure, interruption, error, delay, or degradation in Service quality caused by or attributable to third-party service providers. This includes, without limitation, failures in cloud infrastructure, payment processing errors, authentication service disruptions, and inaccuracies in book metadata supplied by third parties.

9. Prohibited Uses

You agree not to use the Service for any unlawful purpose or in any manner that violates these Terms. Without limiting the foregoing, you agree not to:

Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, algorithms, or internal structure of the Service.
Use the Service to record, store, or share content that is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable.
Upload or share content that you do not have the right to use or that infringes on the intellectual property or privacy rights of others.
Use automated tools, bots, scrapers, or scripts to interact with the Service except through officially provided APIs.
Attempt to bypass, circumvent, or manipulate any security measures, rate limits, watermark systems, or access controls, including attempts to strip the Moth watermark from free-tier share cards.
Create multiple accounts, share accounts, or transfer entitlements between accounts.
Resell, redistribute, sublicense, or commercially exploit the Service, recap cards, or other outputs of the Service without the Company’s prior written consent.
Use the Service to build a competing product or service, or to benchmark the Service against a competing product.
Interfere with, disrupt, or impose an unreasonable burden on the Service’s servers, networks, or infrastructure.
Impersonate any person or entity, or misrepresent your affiliation with any person or entity.
Use the Service to generate or disseminate misleading or deceptive content, including fabricated reading statistics designed to mislead other users or third parties.
Use the Service in any manner that could damage, disable, overburden, or impair the Service or interfere with any other party’s use of the Service.

10. Intellectual Property

10.1 Company Intellectual Property

The Service, including but not limited to its design, user interface, features, functionality, text, graphics, logos, icons, illustrations, the Lumi mascot, software code, algorithms, card templates, style profiles, typography selections, and all other content (excluding User Content), is owned by the Company and is protected by copyright, trademark, trade secret, patent, and other intellectual property laws. Our trademarks, trade names, and trade dress may not be used without our prior written permission.

10.2 Feedback

If you provide us with any suggestions, ideas, feedback, or improvement proposals regarding the Service (“Feedback”), you grant the Company a perpetual, irrevocable, worldwide, royalty-free, fully sublicensable license to use, modify, incorporate, and commercialize such Feedback without any obligation, attribution, or compensation to you.

10.3 DMCA and Copyright Complaints

If you believe that any content on the Service infringes your copyright, you may submit a notice in accordance with the Digital Millennium Copyright Act (DMCA) or applicable local law by contacting us at the address provided in Section 19. We will investigate and take appropriate action, including removing infringing content where warranted.

11. Privacy and Data Protection

Your privacy is important to us. Our collection, use, storage, and sharing of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you consent to the practices described in our Privacy Policy.

12. Disclaimers

12.1 Service Provided “As Is”

THE SERVICE, INCLUDING ALL READING STATISTICS, RECAP CARDS, AND OTHER OUTPUTS, IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, OR COURSE OF PERFORMANCE.

12.2 Reading Data Accuracy

Reading statistics, streaks, and challenge progress are derived from the data you log in the app. The Company does not warrant that such statistics are free from error, and you acknowledge that missed sessions, duplicate entries, or other user input variations may affect the accuracy of displayed metrics.

12.3 Book Metadata Limitations

Book titles, authors, cover images, and other metadata displayed within the Service are sourced from third-party book data providers. The Company does not warrant the accuracy, completeness, or up-to-date nature of such metadata and is not responsible for errors or omissions in third-party book data.

12.4 Third-Party Service Disclaimer

The Company disclaims all liability arising from or related to the performance, availability, accuracy, or security of third-party services on which the Service relies, including database providers, authentication providers, cloud infrastructure, payment processors, and analytics services.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, LOSS OF BUSINESS OPPORTUNITY, COST OF SUBSTITUTE SERVICES, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

(A) YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICE;
(B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON OR CONNECTED TO THE SERVICE;
(C) ANY READING STATISTICS, RECAP CARDS, OR OTHER OUTPUTS OBTAINED FROM THE SERVICE, INCLUDING RELIANCE ON SUCH CONTENT;
(D) THE LOSS, CORRUPTION, OR UNAUTHORIZED ACCESS TO YOUR USER CONTENT OR STORED DATA;
(E) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT; OR
(F) ANY FAILURE, ERROR, OR INTERRUPTION IN THIRD-PARTY SERVICES.

IN NO EVENT SHALL THE COMPANY’S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE SERVICE EXCEED THE GREATER OF: (I) THE TOTAL AMOUNT YOU HAVE PAID TO THE COMPANY IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (II) ONE HUNDRED U.S. DOLLARS ($100.00).

Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, the Company’s liability shall be limited to the maximum extent permitted by applicable law.

14. Indemnification

You agree to defend, indemnify, and hold harmless the Company and its officers, directors, employees, agents, affiliates, licensors, and service providers from and against any and all claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys’ fees and court costs) arising out of or related to:

Your use of the Service.
Your User Content, including any claims that your User Content infringes the intellectual property or other rights of any third party.
Your violation of these Terms.
Your violation of any applicable law or regulation.
Any dispute between you and a third party arising from your use of the Service.

15. Termination

15.1 Termination by You

You may terminate your account at any time by deleting your account through the Service settings or by contacting us at the email address in Section 19. Upon termination, your right to use the Service will immediately cease.

15.2 Termination by Us

We reserve the right to suspend or terminate your account and access to the Service at any time, with or without cause and with or without notice, including but not limited to:

Violation of these Terms, including the Acceptable Use Policy.
Conduct that we reasonably determine is harmful to other users, the Service, or third parties.
Fraudulent, abusive, or unlawful activity.
Extended periods of account inactivity.
Requests by law enforcement or government agencies.
Unexpected technical or security issues.

15.3 Effect of Termination

Upon termination of your account:

All rights and licenses granted to you under these Terms will immediately cease.
Any unused portion of a subscription period will be forfeited and is non-refundable, except where required by the applicable Application Store’s policies or by law.
We may delete your User Content within 30 days following termination, unless a longer retention period is required by law.
Provisions of these Terms that by their nature should survive termination will survive, including Sections 7.2, 10, 12, 13, 14, 16, and 17.

16. Dispute Resolution

16.1 Informal Resolution

Before filing any formal legal claim, you agree to first attempt to resolve any dispute with us informally by contacting us at the email address provided in Section 19. We will attempt to resolve the dispute through good-faith negotiation within 30 days. If the dispute is not resolved within this period, either party may proceed to formal dispute resolution.

16.2 Mediation

In accordance with Articles L. 611-1 et seq. of the French Code de la consommation, you have the right to submit any unresolved dispute to a certified consumer mediator (médiateur de la consommation) free of charge. The Company will designate a certified mediator and provide their contact details within the Service and on its website. You may also access the European Commission’s Online Dispute Resolution platform at https://ec.europa.eu/consumers/odr.

16.3 Jurisdiction

Any dispute that cannot be resolved through informal negotiation or mediation shall be submitted to the exclusive jurisdiction of the competent courts of Paris, France.

16.4 Exceptions

Notwithstanding the above, either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights or confidential information.

17. Governing Law

These Terms shall be governed by and construed in accordance with the laws of France. Any dispute arising from these Terms shall be subject to the exclusive jurisdiction of the courts of Paris, France, without prejudice to any mandatory consumer protection provisions applicable in your country of residence if you are an EU consumer.

18. General Provisions

18.1 Entire Agreement

These Terms, together with our Privacy Policy and any additional terms or policies referenced herein, constitute the entire agreement between you and the Company regarding the Service and supersede all prior or contemporaneous agreements, communications, and proposals.

18.2 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.

18.3 Waiver

The failure of the Company to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative of the Company.

18.4 Assignment

You may not assign or transfer these Terms or any rights or obligations hereunder without our prior written consent. The Company may freely assign its rights and obligations under these Terms without restriction, including in connection with a merger, acquisition, or sale of assets.

18.5 Force Majeure

The Company shall not be liable for any failure or delay in performing its obligations under these Terms due to circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics, war, terrorism, civil unrest, labor disputes, government actions, internet or power failures, failures of third-party service providers, or cyberattacks.

18.6 Notices

All notices under these Terms from the Company to you will be delivered via email to the address associated with your account or through in-app notifications. Notices from you to the Company must be sent to the contact information provided below. Notices are deemed received upon delivery.

18.7 Translation

These Terms may be translated into other languages for convenience. In the event of any conflict between the English version and a translated version, the English version shall prevail.

18.8 No Third-Party Beneficiaries

These Terms do not confer any rights or remedies on any third party, except as expressly stated herein.

18.9 Relationship of the Parties

Nothing in these Terms shall be construed to create a partnership, joint venture, employer-employee, franchisor-franchisee, or agency relationship between you and the Company.

19. Contact Information

If you have any questions, concerns, or feedback regarding these Terms or the Service, you may contact us:

Email: [email protected]