Terms Of Service

These Terms of Service (these "Terms") is a binding agreement between you ("Customer," "you," or "your") and Growth and Happiness LLC, a Florida limited liability company with an address at 382 NE 191st Street #100150, Miami, Florida 33179 ( the "Company," "we,", “our” or "us"). These Terms govern your access to and use of the Company’s Views to the Moon website (https://www.viewstothemoon.com) (“Website”), its Views to the Moon application (the “App”), and any services provided by the Company through the use of the App (the “Services”).  THESE TERMS TAKE EFFECT WHEN YOU ACCESS OR USE THE WESBITE OR THE APP (THE "EFFECTIVE DATE"). BY ACCESSING OR USING THE WEBSITE OR APP, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS; (B) REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, POWER, AND AUTHORITY TO ENTER INTO THESE TERMS AND, IF ENTERING INTO THESE TERMS FOR AN ORGANIZATION, THAT YOU HAVE THE LEGAL AUTHORITY TO BIND THAT ORGANIZATION; AND (C) ACCEPT THESE TERMS AND AGREE THAT YOU ARE LEGALLY BOUND BY THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, YOU MAY NOT ACCESS OR USE THE WEBSITE OR APP. YOU MAY ALSO NOT ACCESS THE APP IF YOU ARE A COMPETITOR OF THE COMPANY, EXCEPT WITH OUR PRIOR WRITTEN CONSENT.

Privacy Policy

Please review our Privacy Policy  located at https://www.viewstothemoon.com/privacy-policy (“Privacy Policy”), which also governs your use of our  Website and the App, for information on how we collect, use and share your information.

Changes to these Terms 

We may update these Terms or our Privacy Policy from time to time in our sole discretion. If we do, we’ll let you know by posting the updated Terms on our Website and in the App.  It’s important that you review these Terms whenever we update them. If you continue to use our  Website and the App after we have posted updated Terms it means that you accept and agree to the changes to our Terms. If you don’t agree to be bound by the changes, you may not use the Website or the App anymore. Because our Website and App are evolving over time we may change or discontinue all or any part of our Website and App, at any time with or  without notice, at our sole discretion.

User Limitations

You may use our Website and the App only if you are at least 16 years of age (or such other minimum age at which you can provide consent to data processing under applicable  law ), and not otherwise barred from using the Website and the App under applicable law.

Accounts and Linking

Views To The Moon Account:

For certain features of the Website and the App, you’ll need an account (“Account”). It’s important that you provide us with accurate, complete and current account information and keep this information up to date. If you don’t, we might have to suspend or terminate your Account. To protect your Account, keep the Account details and password confidential, and notify us right away of any unauthorized use. You’re responsible for all activities that occur under your Account.

Linking YouTube Accounts:

After creating an Account, the App will instruct you to connect Account with your YouTube account. You represent and warrant that you are entitled to connect this YouTube account to the App without breach of any of the terms and conditions that govern your use of YouTube. By connecting your YouTube account, you understand that the Company may access, make available, and store any content that you have provided to and stored in your YouTube account in accordance with our Privacy Policy.

You acknowledge and agree that your use of YouTube is subject to their applicable terms of service, privacy policy, and other documents governing YouTube, and the Company is not responsible for the content, products or services on or available from those resources or links displayed on YouTube.

YouTube APIs

Please note that certain features and functionalities of the App utilize the YouTube API. By accessing and using the App, you agree to be bound by the YouTube Terms of Service (https://www.youtube.com/t/terms).

You may disable the connection between your Account and YouTube, at any time, via the App. You may also disable the connection using Google’s security settings page (https://security.google.com/settings/security/permissions).

You acknowledge that by doing so, certain features may no longer function as intended.

Artificial Intelligence

Certain features of the App utilize generative artificial intelligence, including without limitation via a third-party generative artificial intelligence API, to generate title recommendations. Given the experimental nature of generative artificial intelligence, some title recommendations may be inaccurate or otherwise unsuitable for your specific use case. You should evaluate the accuracy, suitability, and appropriateness of any title recommendations provided by the Company to you as appropriate for your use case, and you will remain solely responsible for and assume all risk in connection with your use of the App.

Rights and Terms for the App 

App License:

If and for as long as you comply with these Terms, the Company grants to you a limited non-exclusive, non-transferable license, with no right to sublicense, to use the App. Except as expressly permitted in these Terms, you may not: (i) copy, modify or create derivative works based on the App; (ii) distribute, transfer, sublicense, lease, lend or rent the App to any third party; (iii) reverse engineer, decompile or disassemble the App (unless applicable law permits, despite this limitation); or (iv) make the functionality of the App available to multiple users through any means.

General Prohibitions and the Company’s Enforcement Rights

You agree not to do any of the following: 

  1. Post, upload, publish, submit, import, or transmit anything in the App: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;

  2. Use the generative artificial intelligence features in a manner that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable national, federal, state, local or international law or regulation or would give rise to civil liability; (iii) generates or disseminates fraudulent, verifiably false, misleading or deceptive information and/or content with the purpose of harming others; (iv) is defamatory, disparaging, harassing, threatening, obscene, pornographic, vulgar or offensive; (v) is intended to or has the effect of discriminating against or harming individuals or groups based on online or offline social behavior, known or predicted personal or personality characteristics, or legally protected characteristics or categories; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; (vii) is for the purpose of exploiting, harming or attempting to exploit or harm minors in any way; (viii) exploits any of the vulnerabilities of a specific group of persons based on their age, social, physical or mental characteristics, in order to materially distort the behavior of a person pertaining to that group in a manner that causes or is likely to cause that person or another person physical or psychological harm; (ix) promotes illegal or harmful activities or substances; (x) generates or disseminates personal identifiable information that can be used to harm an individual; (xi) is for fully automated decision making that adversely impacts an individual’s legal rights or otherwise creates or modifies a binding, enforceable obligation; (xii) provides medical advice, medical results interpretation, financial advice or legal advice or opinion; (xiii) generates campaign materials in high volumes or (xiv) generates or disseminates information to be used for administration of justice, law enforcement, immigration or asylum processes, such as predicting an individual will commit fraud/crime (e.g., by text profiling, drawing causal relationships between assertions made in documents, or indiscriminate and arbitrarily targeted use);

  3. During the term of these Terms and afterward, not take any action or make any statement that disparages or denigrates the Company, or otherwise injures the reputation of the foregoing;

  4. Distribute, sell, transfer, sublicense, lease, lend or rent the app to any third party, or otherwise make the functionality of the App available to multiple users through any means (unless applicable law permits, despite this limitation);

  5. Access, tamper with, or use non-public areas of the App;

  6. Attempt to probe, scan or test the vulnerability of the App or any of the Company’s  systems or networks or breach any security or authentication measures;

  7. Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by the Company or any other third party (including another user) to protect the App or any of the Services;

  8. Attempt to access or search the App or download content from the App using any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by the Company or other generally available third-party web browsers;

  9. Use the App, or any portion thereof, for the benefit of any third party or in any manner not permitted by these Terms;

  10. Attempt to decipher, decompile, disassemble or reverse engineer the App or any of the software used to create the App;

  11. Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Company or the App;

  12. Collect or store any personally identifiable information from other users of the App without their express permission;

  13. Impersonate or misrepresent your affiliation with any person or entity;

  14. Violate any applicable law, regulation, or commitment you may have with a third party; or

  15. Encourage or enable any other individual to do any of the foregoing.


The Company is not obligated to monitor access to or use of the App or to review or edit any content. However, we have the right to do so for the purpose of operating the App and any related Services, to ensure compliance with these Terms and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any content at any time and without notice, including, but not limited to, if we, at our sole discretion, consider it objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the App. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

Termination

We may suspend or terminate your access to and use of the App, including suspending access to or terminating your Account, at our sole discretion, at any time and without notice to you. You may cancel your account at any time via the functionality of the App. 

Warranty Disclaimers

The App and Services are being provided by the Company “as is” without warranty of any kind. Without limiting the foregoing, we explicitly disclaim any express or implied warranties, including warranties of merchantability, fitness for a particular purpose, quiet enjoyment and non-infringement, and any warranties arising out of course of dealing or usage of trade.

We make no warranty that the App will meet your requirements, improve the performance of your YouTube videos, or be available on an uninterrupted, secure, or error-free basis. We make no representations, warranties, or guarantees regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any information or content on the App, including without limitation whether any analytics and recommendations provided by the functionality of the App will result in any specific outcome, result, impressions, or revenue or benefit of any kind.

You acknowledge and agree that the Company uses experimental technology like generative artificial intelligence and machine learning algorithms, and may sometimes provide inaccurate or offensive content that doesn’t represent our views. Accordingly, we do not make any warranties regarding quality, accuracy, timeliness, truthfulness, completeness, or reliability of the App. You further acknowledge that the title recommendations in the App are generated by generative artificial intelligence tools and may not be protectable under applicable intellectual property laws, and the Company hereby disclaims any representations and warranties with respect to the ownership or protectability of, or applicability of intellectual property rights to, such materials. Your use and reliance of the App is at your own risk. The Company is not liable for any loss or damages arising from the use of or reliance on the App  or Services. Do not rely on the Company or any content provided via the functionality of the App for professional advice. Any content regarding those topics is provided for informational purposes only and is not a substitute for advice from a qualified professional.

Indemnity

You will indemnify and hold the Company and its officers, directors, employees and agents, harmless from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with your access to or use of the App or your violation of these Terms.

Limitation of Liability.

To the maximum extent permitted by law, the Company and its service providers will not be liable for any incidental, special, exemplary, or consequential damages, or damages for lost profits, lost revenues, lost savings, lost business opportunity, loss of data or goodwill, service interruption, computer damage or system failure or the cost of substitute services of any kind arising out of or in connection with these Terms or from the use or inability to use the App or Services provided by the Company, whether based on warranty, contract, tort (including negligence), product liability, or any other legal theory, and whether or not the Company or its service providers have been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.

TO THE MAXIMUM EXTENT PERMITTED BY THE LAW OF THE APPLICABLE JURISDICTION, IN NO EVENT WILL THE COMPANY’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE APP OR RELATED SERVICES PROVIDED BY THE COMPANY EXCEED ONE HUNDRED DOLLARS ($100).

THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN THE COMPANY AND YOU.

Intellectual Property Ownership and Feedback 

As between you and us, (a) we own all right, title, and interest, including all intellectual property rights, in and to the App, and any improvements, enhancements or modifications thereto or derivative works thereof; and (b) you own all right, title, and interest, including all intellectual property rights, in and to your data. If you or any of your employees, contractors, or agents sends or transmits any communications or materials to us by mail, email, telephone, or otherwise, suggesting or recommending changes to the App, including without limitation, new features or functionality relating thereto, or any comments, questions, suggestions, or the like ("Feedback"), we are free to use such Feedback irrespective of any other obligation or limitation between you and us governing such Feedback. All Feedback is and will be treated as non-confidential. You hereby assign to us on your behalf, and shall cause your employees, contractors, and agents to assign, all right, title, and interest in, and we are free to use, without any attribution or compensation to you or any third party, any ideas, know-how, concepts, techniques, or other intellectual property rights contained in the Feedback, for any purpose whatsoever, although we are not required to use any Feedback.

Governing Law 

These Terms and any action related thereto will be governed by the laws of the State of Florida, without regard to its conflict of laws provisions.  Any legal suit, action, or proceeding arising out of or related to these Terms or the rights granted hereunder will be instituted exclusively in the courts located in Brevard County, Florida, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action, or proceeding.

General Terms

Entire Agreement

These Terms constitute the entire and exclusive understanding and agreement between the Company and you regarding the App, and these Terms supersede and replace all prior oral or written understandings or agreements between the Company and you regarding the App. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without the Company’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. The Company may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

Notices

Any notices or other communications provided by the Company under these Terms will be given: (i) via email to the email address contained in your Account; or (ii) by posting in the App or through the Services. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.

Waiver of Rights

The Company’s   failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of the Company. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

Contact

If you have questions about our Terms, please email support@ViewsToTheMoon.com.


Updated: October 2024