Terms of Use

What are these terms?

These Terms of Use (“Terms”) are an agreement between you and David Grinberg, an individual developer in Massachusetts, USA (“we,” “us,” or “our”). They cover the Moonroof app, including any earlier version released under another name, and the website at moonroofapp.com. In these Terms, “Moonroof” means the app and the website.

You accept these Terms when you tap a button that says you agree to them, or when you download, open, or use Moonroof, whichever happens first. If you don’t agree, don’t use Moonroof.

Our Privacy Policy explains how Moonroof handles information. It is not part of this agreement.

Please read Who takes on the risks of driving practice?, How much can we be held responsible for?, and How are disputes handled? carefully. They include a release of claims and a waiver of jury trial, and they limit your right to sue us.

Who can accept these terms?

• You may accept these Terms for yourself if you are at least 18, or the age of majority where you live if that is older.
• Anyone under 18 may use Moonroof only if a parent or legal guardian accepts these Terms. A parent or guardian who lets a teen use Moonroof accepts these Terms for themselves and on the teen’s behalf, including the release in Who takes on the risks of driving practice? The parent or guardian is responsible for the teen’s use of Moonroof.
• Moonroof is not for children under 13.
• You may not use Moonroof where the law forbids it.

If you enter information about another person, such as a supervising adult’s name, you confirm that you have their permission.

What is Moonroof, and what isn’t it?

Moonroof helps a family keep its own record of supervised driving practice. It times drives, adds up hours, and shows our summary of each state’s practice rules.

Moonroof is not:

• an official app of any state, motor vehicle agency (such as a DMV or RMV), school, driving school, or insurer, and it is not connected with or approved by any of them;
• a way to submit anything to a state. Moonroof never sends your log to anyone;
• a substitute for any official form, log, or certification;
• legal advice; or
• driving instruction, or a judgment about whether anyone is ready to drive.

Rule information can be wrong

Moonroof’s state rule information is our own summary of official sources as of the date shown in the app. Laws, forms, and agency practices change, and our summary can be wrong, incomplete, or out of date. Where a rule was unclear, Moonroof may use a cautious reading. We may update the rule information, but we don’t promise to.

You are responsible for:

• checking your state’s current requirements with its motor vehicle agency or another official source;
• everything you log, enter, confirm, or initial in Moonroof;
• anything you certify, sign, or submit, including any form you fill out using Moonroof; and
• deciding whether a record from Moonroof suits your purpose.

We don’t promise that any state, agency, school, insurer, or examiner will accept a record from Moonroof. We don’t guarantee any result for any permit, license, test, course, insurance rate, or application.

Estimates must be checked

Moonroof can estimate how much of a drive was in daylight or darkness from sunset times for your rough area. With the full app, it can suggest the weather from Apple Weather. These are estimates. Your state’s definition of “night” may differ, and real conditions may differ. The supervising adult must check each drive and correct it before saving it.

YOUR USE OF WEATHER INFORMATION IN MOONROOF IS AT YOUR SOLE RISK. WEATHER DATA MAY NOT BE ACCURATE. Apple Weather data may differ from actual conditions. Never use Moonroof to decide whether it is safe to drive, and never use it in an emergency.

Can I use Moonroof while driving?

Not if you are the driver. The learner driver must never hold, look at, or touch a phone while driving. That includes Moonroof.

• Start a drive before the car moves. End it after the car is parked.
• During a drive, only the supervising adult in the passenger seat may use Moonroof, and only when it is safe and legal and doesn’t distract the driver. When in doubt, wait until the car is parked.
• If Moonroof is on the learner’s own phone, put that phone away before driving. Turn on Driving Focus, or silence notifications and Lock Screen updates, so nothing distracts the driver.
• Follow every traffic law and mobile-device law where you drive. Many states, including Massachusetts, forbid drivers under 18 from using a mobile device at all while driving, even hands-free.

The supervising adult is in charge

The supervising adult is responsible for safe and lawful supervision. That includes meeting their state’s rules for who may supervise, being fit to supervise, and deciding whether the learner, the car, the road, and the weather are right for practice.

Moonroof is not in the car. We don’t control, and aren’t responsible for, how anyone drives or supervises. Practice ideas, skill lists, and checklists in Moonroof are general suggestions. They are not lessons, and they may not fit your learner, your car, or your roads. Use your own judgment.

Who takes on the risks of driving practice?

Driving is dangerous, and learner drivers are new at it. Practice can lead to crashes, injury, death, property damage, tickets, and other loss. Those risks come from driving, and we have no control over them.

You accept all risks of driving practice, of supervising, and of using Moonroof, as far as the law allows.

RELEASE. As far as the law allows, you release us from, and give up, every claim for injury, death, property damage, or any other loss that comes from or relates to driving, practicing, or supervising, whether or not Moonroof was in use. This includes claims based on our negligence (carelessness). It also includes claims that Moonroof, its design, its content, a notification, or a Lock Screen display distracted someone or gave wrong information.

If you accept these Terms as a parent or legal guardian, you give this release for yourself and on behalf of the teen. It also binds anyone who could bring a claim through you or the teen, such as an heir, next of kin, or estate.

This release does not cover claims caused by our gross negligence or by our reckless, willful, or intentional misconduct, or any other claim the law doesn’t allow you to give up. See What rights do you keep?

Who keeps my log safe?

• You own what you put into Moonroof. We don’t receive a copy, and we claim no rights to it.
• Your log is stored on your device and, unless you turn it off, in your own iCloud. Phones get lost, broken, and erased, and software can fail. Keep the iCloud copy on, or save a full copy of the log somewhere safe, often.
• We can’t recover a log we never had. As far as the law allows, we are not responsible for lost, damaged, or deleted data.
• When you export or share a file, it leaves Moonroof. You are responsible for who gets it.

What may I do with Moonroof?

If you follow these Terms, we give you a personal, limited, non-exclusive, non-transferable, revocable license to use the Moonroof app on Apple-branded devices you own or control, as allowed by the Usage Rules in Apple’s Media Services Terms and Conditions. Other accounts linked to the buyer through Family Sharing, volume purchasing, or Legacy Contacts may use the app as those Apple rules allow, but the full app purchase is not shared through Family Sharing. You may also view the website for your own personal use.

Moonroof is licensed, not sold. We keep every right we don’t clearly give you.

Things you agree not to do

You agree not to do any of the following, or help anyone else do them:

• copy, change, sell, rent, lend, or share Moonroof, except as these Terms or Apple’s rules allow;
• take apart, decompile, or reverse engineer Moonroof, except where the law allows it despite this limit;
• get around any purchase check, notice, or label in Moonroof;
• copy Moonroof’s state rule summaries, text, artwork, badges, or icons into another app, website, product, or data set, or use them to train artificial intelligence;
• use the Moonroof name, logo, app icon, or look in a way that suggests we made, approve of, or are connected with you or anything else, or use them for another app or product;
• use Moonroof to make a false or misleading record, or to mislead any agency, school, insurer, or person;
• suggest that Moonroof, or a record from it, is official or approved by a state;
• use Moonroof in a way that breaks the law or harms anyone;
• get around, disable, or interfere with any security check, challenge, rate limit, or block on the website;
• try to get into any system or account without permission, including by using any password, key, or token you find on the website;
• use a bot, scraper, crawler, or other automated tool to reach, copy, or collect anything from the website, except (a) search engines that follow our robots.txt file, (b) the Moonroof app itself, and (c) tools that load a page for a person who asked for it, such as a link preview or an accessibility tool; or
• attack or overload the website, or copy it in bulk.

Our website’s security

We and Cloudflare, which hosts our website for us, may monitor, record, and analyze requests to the website, including requests from the app. We and Cloudflare may challenge, slow down, or block any request or visitor, at any time and for any reason, with or without notice.

By using the website or the app, you agree to this, and to the security checks and security cookies described in our Privacy Policy, including Cloudflare handling information about your visits and requests on our behalf.

We don’t promise that the website, or any page or document on it, will be available or free of errors. We may change the website or take it down at any time.

How do purchases and refunds work?

• Moonroof is free to download. An optional one-time in-app purchase unlocks the full app. The app describes what the full app adds before you buy, and the App Store shows the price before you confirm.
• Apple sells and processes the purchase under Apple’s terms. We never see your payment details.
• Refunds are handled by Apple, under Apple’s policies. We can’t issue refunds ourselves. You can ask Apple for one at reportaproblem.apple.com.
• The purchase belongs to the Apple Account that bought it. You can restore it from the app on that account’s devices. It is not shared through Family Sharing. If a family uses Ask to Buy, a parent or guardian approves the purchase through Apple.
• We may change prices at any time. A price change doesn’t affect a purchase you already made.
• As far as the law allows, we may change, add, or remove features, including features of the full app. Some features depend on Apple services, such as Apple Weather and iCloud, and may stop working if Apple changes or ends them.

How does Apple fit in?

If you got Moonroof from Apple’s App Store, Apple’s Licensed Application End User License Agreement (the “Standard EULA”) also applies to your use of the app. These Terms add to it. If these Terms and the Standard EULA conflict about your license to use the app, the Standard EULA controls for that conflict. You and we also agree to the following, as Apple requires:

1. Acknowledgement. These Terms are between you and us only, not with Apple. We, not Apple, are solely responsible for Moonroof and its content.
2. Scope of license. Your license is the limited, non-transferable license described in What may I do with Moonroof?, to use Moonroof on Apple-branded products you own or control, as Apple’s Usage Rules allow.
3. Maintenance and support. We, not Apple, are solely responsible for any maintenance and support of Moonroof that these Terms describe or the law requires. These Terms don’t promise any. Apple has no obligation at all to provide maintenance or support for Moonroof.
4. Warranty. We, not Apple, are solely responsible for any product warranties, whether express or implied by law, to the extent they are not effectively disclaimed. If Moonroof fails to meet a warranty that applies, you may notify Apple, and Apple will refund the purchase price, if any, that you paid for Moonroof. To the maximum extent the law allows, Apple has no other warranty obligation for Moonroof. As between us and Apple, any other claims, losses, liabilities, damages, costs, or expenses caused by a failure to meet a warranty are our responsibility, subject to these Terms.
5. Product claims. As between us and Apple, we, not Apple, are responsible for addressing any claims by you or anyone else about Moonroof or your possession or use of it, including (a) product liability claims, (b) claims that Moonroof fails to meet a legal or regulatory requirement, and (c) claims under consumer protection, privacy, or similar laws. These Terms don’t limit our liability to you beyond what the law allows.
6. Intellectual property claims. As between us and Apple, if anyone claims that Moonroof, or your possession or use of it, infringes their intellectual property rights, we, not Apple, are solely responsible for investigating, defending, settling, and discharging that claim.
7. Legal compliance. You promise that (a) you are not located in a country or region that is subject to a U.S. Government embargo or that the U.S. Government has designated as “terrorist supporting,” and (b) you are not on any U.S. Government list of prohibited or restricted parties.
8. Developer name and contact. Moonroof is provided by David Grinberg, Massachusetts, USA. Questions, complaints, or claims about Moonroof go to support@moonroofapp.com.
9. Third-party terms. You must follow any third-party terms that apply when you use Moonroof, such as your wireless carrier’s terms and Apple’s terms for iCloud.
10. Third-party beneficiary. Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms. Once you accept these Terms, Apple has the right (and will be deemed to have accepted the right) to enforce them against you as a third-party beneficiary.

Apple’s services and other websites

Some features rely on Apple services, such as iCloud, Location Services, notifications, the App Store, and Apple Weather. Apple’s own terms and privacy policy apply to them. We don’t control them, and we aren’t responsible for them. Moonroof links to official state websites and other sites we don’t control. We aren’t responsible for what they say or do.

Who owns Moonroof?

We or our licensors own Moonroof, including its software, design, text, state rule summaries, artwork, badges, icons, and the website. Copyright and other laws protect them.

The Moonroof name, logo, and app icon identify our app and where it comes from. These Terms don’t give you any right to use them, except to refer to the app accurately.

Apple, Apple Weather, iCloud, and other names belong to their owners. We claim no rights in state laws or other government materials.

Ideas and feedback

You don’t have to send us ideas. If you do, you give us a permanent, worldwide, royalty-free right to use, change, and share them for any purpose, without paying or crediting you. We don’t have to keep them confidential.

What do we promise about Moonroof?

Apart from the implied warranties described below, and as far as the law allows, we make no warranties or promises about Moonroof beyond what these Terms say. In particular, we don’t promise that:

• Moonroof’s rule information, totals, day and night estimates, sunset times, or weather are accurate, complete, or current;
• any record from Moonroof will be accepted by anyone;
• Moonroof, including the website and the app’s check for new versions of these Terms and the Privacy Policy, will always be available, or work without errors, on every device, or with future versions of iOS;
• we will fix errors, answer messages, add features, or keep updating Moonroof or its rule information; or
• your data, backups, or copies will never be lost or damaged.

Implied warranties. The law may give you implied warranties of merchantability (that Moonroof is fit for its ordinary use) and of fitness for a particular purpose. Nothing in these Terms, including the release and the limits on our liability, excludes or limits those warranties, or your remedies for their breach, where Massachusetts General Laws chapter 106, section 2-316A, or another law doesn’t allow it. As far as the law allows, we do disclaim any implied warranty of title, non-infringement, or accuracy.

How much can we be held responsible for?

As far as the law allows:

• We are not liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost data, lost time, lost profits, fines, fees, tickets, insurance costs, or the delay or denial of any permit, license, test, or application, that come from or relate to Moonroof or these Terms. This is true even if we were told such damages were possible.
• Our total liability for all claims that come from or relate to Moonroof or these Terms is limited to the greater of (a) what you paid for Moonroof in the 12 months before the event that led to the claim, or (b) US $50.

These limits apply to every kind of claim, whether based on contract, warranty, negligence, or any other legal theory, and even if a remedy fails of its essential purpose. They are a fair way to share risk for a free app with an optional low-cost purchase, made by one person.

These limits don’t apply where the law doesn’t allow them. See What rights do you keep?

When do you cover our costs?

As far as the law allows, you agree to indemnify us and hold us harmless. That means you will pay for, and protect us from, any claim, demand, loss, damage, fine, or cost (including reasonable lawyers’ fees) that anyone else brings or claims against us and that comes from:

• driving, supervising, or phone use during practice by you or by a learner you allow to use Moonroof;
• you or that learner breaking any law;
• anything you enter, confirm, certify, sign, or submit using Moonroof;
• information you entered about another person without their permission; or
• you breaking these Terms.

This applies even if the claim says we were also at fault. It does not apply to the extent a court finds the loss was caused by our gross negligence or by our reckless, willful, or intentional misconduct.

What rights do you keep?

Some rights can’t be given up by agreement. Nothing in these Terms limits or excludes:

• our liability for fraud, gross negligence, or reckless, willful, or intentional misconduct;
• your rights under Massachusetts General Laws chapter 93A that the law doesn’t let you give up, including for a willful or knowing violation;
• the implied warranties and remedies described in What do we promise about Moonroof?, where the law doesn’t allow them to be limited; or
• any other liability or right that the law doesn’t allow to be limited or given up.

Where a part of these Terms can’t apply in full, it applies as far as the law allows.

How are disputes handled?

Tell us first

Before you sue us, email support@moonroofapp.com with your name, how to reach you, what happened, and what you want. Then wait 30 days before you file. Deadlines for filing are paused during those 30 days. A demand letter under Massachusetts General Laws chapter 93A can serve as this notice.

Which law applies

Massachusetts law governs these Terms and any dispute between you and us about Moonroof, without regard to conflict-of-law rules. This doesn’t take away the protection of any law where you live that can’t be given up by agreement.

Where lawsuits go

Any lawsuit between you and us about Moonroof or these Terms must be brought only in the state courts located in Massachusetts or the United States District Court for the District of Massachusetts. You and we agree to those courts’ jurisdiction and venue. Either of us may instead bring a claim that qualifies in a small claims session of a Massachusetts court. We may also ask any court that has jurisdiction to stop someone from infringing our rights or breaking the limits in What may I do with Moonroof?

No jury

JURY WAIVER. AS FAR AS THE LAW ALLOWS, YOU AND WE EACH GIVE UP THE RIGHT TO A TRIAL BY JURY IN ANY LAWSUIT ABOUT MOONROOF OR THESE TERMS. A JUDGE WILL DECIDE THE CASE.

Can this agreement end?

You can stop using Moonroof at any time by deleting it. Your log stays wherever you keep it until you delete it.

If you break these Terms, your license ends automatically. As far as the law allows, we may also end or suspend your license, or stop offering, updating, or supporting Moonroof, at any time, for any reason, with or without notice. If we stop offering Moonroof, the app on your device may keep working for a while, but we don’t promise for how long. Keep an exported copy of your log.

The parts of these Terms that by their nature should last will continue after this agreement ends. They include ownership, the release, the disclaimers, the limits on liability, your promise to cover our costs, and the parts about disputes and which law applies.

Can these terms change?

We may change these Terms at any time by posting a new version here with a new effective date. A change takes effect when it is posted, unless the new version says otherwise. If you keep using Moonroof after that, you accept the change, as far as the law allows. If you don’t agree, stop using Moonroof.

A change doesn’t apply to a dispute that either of us gave notice of before the change was posted. Where the law requires your agreement to a change, the change applies to you once you give it.

What other legal terms apply?

• Whole agreement. These Terms and, where it applies, Apple’s Standard EULA are the whole agreement between you and us about Moonroof. They replace any earlier terms and anything else said or written about Moonroof.
• If part is invalid. If any part of these Terms is found invalid or unenforceable, that part is enforced as far as the law allows, or removed if it can’t be, and the rest stays in effect.
• No waiver. If we don’t enforce a part of these Terms, we can still enforce it later. A waiver counts only if we put it in writing.
• Transfer. You may not transfer your rights or duties under these Terms. We may transfer ours to anyone, including a company we form to run Moonroof or a new owner, without your consent. After a transfer, the new party is responsible under these Terms for what happens after the transfer, and we are not.
• Events beyond our control. We are not responsible for delays or failures caused by events outside our reasonable control, such as outages of Apple’s services, internet or power failures, illness, natural disasters, or changes in the law.
• Notices. We may give you notices in the app, on the website, or by replying to an email you sent us. Electronic notices count as “in writing.” Send notices to us at support@moonroofapp.com.
• Export laws. You agree to follow all U.S. export and trade laws that apply to your use of Moonroof.
• No partnership. These Terms don’t create a partnership, employment, agency, or fiduciary relationship between you and us.
• Who can enforce these Terms. Only you, we, and Apple (as stated in How does Apple fit in?) have rights under these Terms.
• Reading these Terms. Headings and the short version are for convenience only and don’t change these Terms. “Including” means “including but not limited to.” These Terms won’t be read against us because we wrote them.

How do I contact you?

Moonroof is provided by David Grinberg in Massachusetts, USA. Send questions, complaints, notices, or claims about Moonroof or these Terms to support@moonroofapp.com.