1. Acceptance of terms
Please read this Agreement carefully. By creating an account or accessing or using the Services, you acknowledge that you accept and agree to be bound by the terms of this Agreement. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICES. You agree your purchases and/or use of the Services are not contingent on the delivery of any future functionality or features or dependent on any oral or written public comments made by Moodmate or any of its affiliates regarding future functionality or features. Both you and Moodmate acknowledge that the Terms are concluded between you and Moodmate only, and not with Apple and Google, and that Apple and Google are not responsible for the application or the Content. We are always trying to improve the Services, so they may change over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. We will try to give you notice when we make a material change to the Services that would adversely affect you, but this isn’t always practical. Similarly, we reserve the right to remove any Content from the Services at any time, for any reason (including, but not limited to, if someone alleges you contributed that Content in violation of these Terms), in our sole discretion, and without notice. We reserve the right to change the Terms at any time, but if we do, we will bring it to your attention by placing a notice on the Moodmate website, and/or by sending you an email and/or by some other means. This Agreement is not concluded with Apple, Inc., any of its subsidiaries, Google, Inc., any of its subsidiaries, or any other entity as may apply.
2. Medical services disclaimer
THE COMPANY IS NOT A LICENSED MEDICAL CARE PROVIDER AND THE Services IS NOT INTENDED TO REPLACE PROFESSIONAL MEDICAL ADVICE OR DIAGNOSE, TREAT OR MANAGE ANY ILLNESS, MEDICAL OR MENTAL HEALTH CONDITION. PLEASE CONSULT WITH A QUALIFIED HEALTHCARE PROVIDER BEFORE MAKING ANY DECISIONS OR TAKING ANY ACTIONS THAT MAY AFFECT YOUR HEALTH AND SAFETY OR THAT OF YOUR FAMILY OR FETUS. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ IN CONNECTION WITH THE SERVICES. USE OF THE SERVICES IS NOT FOR EMERGENCIES. IF YOU THINK YOU HAVE A MEDICAL OR MENTAL HEALTH EMERGENCY, CALL 911 OR GO TO THE NEAREST OPEN CLINIC OR EMERGENCY ROOM. IF YOU ARE CONSIDERING OR COMMITTING SUICIDE OR FEEL THAT YOU ARE A DANGER TO YOURSELF OR TO OTHERS, YOU MUST DISCONTINUE USE OF THE SERVICES IMMEDIATELY, CALL 911 OR NOTIFY appropriate POLICE OR EMERGENCY MEDICAL PERSONNEL. IF YOU HAVE EXPERIENCED OR HAVE KNOWLEDGE OF CHILD OR DEPENDENT ADULT OR ELDER ABUSE PLEASE CONTACT YOUR LOCAL PROTECTIVE SERVICES AGENCY.
3. Registration and eligibility
4. Your use of the Services
5. Licences granted to the Services
6. Children’s privacy and age restrictions
We are committed to protecting the privacy of children. You should be aware that these Services are not intended or designed to attract children under the age of 13. We do not collect personal data from any person we actually know is a child under the age of 13. If you are a European Union resident, you shall be at least 16 years old in order to use the Services. To the extent prohibited by applicable law, we do not allow the use of the Services by European Union residents younger than 16 years old. You must be at least 18 years old to use some features of the Services (e.g., some themes or content). If you are aware of anyone that does not comply with these limitations, please contact us at email@example.com, and we will take steps to delete or terminate her account.
7. Export and economic sanctions control The software that supports the Services may be subject to U.S. export and reexport control laws and regulations, including the Export Administration Regulations (“EAR”) maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the Treasury Department’s Office of Foreign Assets Control (“OFAC”), and the International Traffic in Arms Regulations (“ITAR”) maintained by the Department of State. You represent and warrant that you are (1) not located in any country or region that is subject to a U.S. government embargo, and (2) are not a denied party as specified in the regulations listed above. You agree to comply with all U.S. and foreign export laws and regulations to ensure that neither the Services nor any technical data related thereto nor any direct product thereof is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations.
8. Limited License to the Services
We grant you a personal, worldwide, revocable, non-transferable and non-exclusive license to access and use the Services for personal and non-commercial purposes in accordance with the terms of this Agreement. All rights, title, and interest in and to the Services not expressly granted in this Agreement are reserved by the Company. If you wish to use the Company’s software, title, trade name, trademark, service mark, logo, domain name and/or any other identification with notable brand features or other content owned by the Company, you must obtain written permission from the Company. Permission requests may be sent to firstname.lastname@example.org. To avoid any doubt, the Company owns all the text, images, photos, audio, video, location data, and all other forms of data or communication that the Company creates and makes available in connection with the Services, including but not limited to visual interfaces, interactive features, graphics, design, compilation of User Content, and the compilation of aggregate user review ratings and all other elements and components of the Services, excluding User Content (as defined below). Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Services and the Company’s Content are retained by us. Moodmate may provide links to videos or articles that were not created by us and for which we assume no ownership. Moodmate does not take any responsibility for the accuracy of information or content therein, nor for any harm caused by that content. The Services may allow you to copy or download certain Content; please remember that just because this functionality exists, doesn’t mean that all the restrictions above don’t apply — they do!
9. License to User Content
10. Use at your own risk
Our goal is to help make certain mental health-related information more readily available and useful to you. However, the Services cannot and does not guarantee mental health-related improvements or outcomes. Your use of the Services and any information, predictions, or suggestions provided in the Services are at your sole risk. We make no representation or warranty of any kind as to the accuracy of data, information, estimates, and predictions that we may provide to you through the Services and you agree and understand that the Services is not intended to match or serve the same purpose as a medical or scientific device.
11. Subscriptions and in-apps
The Services offers the subscriptions and in-apps that grants you access to additional features. Some of our subscriptions include a free trial period, where you can experience the Services at no cost. We offer weekly, monthly and annual subscription options and one time payment in-apps. Payment will be charged to your credit/debit card through your Apple Account, Google Play or Stripe after you choose one of our subscriptions or in-apps and confirm your purchase. Paid subscriptions automatically renew unless auto-renew is turned off, until cancelled in your account or chatbot settings. Topics. We offer subscription options and in-apps for Topics. Payment will be charged to your credit/debit card through Apple Account, Google Play or Stripe after you choose one of our subscription options or in-apps and confirm your purchase. You expressly understand and agree that all payments and monetary transactions are handled by Apple Account, Google Play or Stripe. You must not process stolen credit cards, or unauthorized credit cards through Apple Account, Google Play or Stripe and/or your Account. Paid subscriptions automatically renew, unless auto-renew is turned off, until cancelled by contacting our support team email@example.com. We will notify you if the price of subscription increases and, if required, seek your consent to continue. To issue a refund or on any other issues with payments in connection with Topics, please contact our support team firstname.lastname@example.org.
You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your Services passwords or account. It is your sole responsibility to (1) control the dissemination and use of sign-in name, screen name and passwords; (2) authorize, monitory, and control access to and use of your Services account and password; (3) promptly inform the Company if you believe your account or password has been compromised or if there is any other reason you need to deactivate a password. Send us an email at email@example.com. You grant the Company and all other persons or entities involved in the operation of the Services the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Services. The Company cannot and does not assume any responsibility or liability for any information you submit, or your or third parties’ use or misuse of information transmitted or received using the Services.
13. Warranty disclaimer
The Company controls and operates the Services from various locations and makes no representation that the Services is appropriate or available for use in all locations. The Services or certain features of it may not be available in your location or may vary across locations. THE SERVICES IS PROVIDED “AS IS”, “AS AVAILABLE” AND IS PROVIDED WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED, SAVE TO THE EXTENT REQUIRED BY LAW. THE COMPANY, AND ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (D) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK; OR, (E) THE ACCURACY, RELIABILITY, OR COMPLETENESS OF THE CONTENT, TEXT, IMAGES, SOFTWARE, GRAPHICS, OR COMMUNICATIONS PROVIDED BY THIRD PARTIES ON OR THROUGH THE SERVICES. SOME STATES / COUNTRIES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT apply TO YOU.
14. Limitation of liability
15. Use of mobile devices
Please note that your carrier’s normal rates and fees, such as text messaging and data charges, will still apply if you are using the SERVICES on a mobile device.
16. Third-Party Services
The SERVICES may give you access to links to third-party websites, Services, or other products or services (“Third Party Services”). The Company does not control Third Party Services in any manner and, accordingly, does not assume any liability associated with such Third Party Services. You need to take appropriate steps to determine whether accessing a Third Party Service is appropriate, including protecting your personal information and privacy in using any such Third Party Services and complying with relevant agreements.
17. Your feedback
We welcome your feedback about the Services. Unless otherwise expressly declared, any communications you send to us or publish in Services stores are deemed to be submitted on a non-confidential basis. You agree that we may decide to publicize such contents at our own discretion. You agree to authorize us to make use of such contents for free, and revise, modify, adjust and change contextually, or make any other changes as we deem appropriate.
18. Enforcement rights
We are not obligated to monitor access or use of the Services. However, we reserve the right to do so for purposes of operating and maintaining the Services, ensuring your compliance with this Agreement, and complying with applicable legal requirements. We may disclose unlawful conduct to law enforcement authorities, and pursuant to valid legal process, we may cooperate with law enforcement authorities to prosecute users who violate the law. We reserve the right (but are not required) to remove or disable any content posted to the Services or access to Services at any time and without notice, and at our sole discretion if we determine in our sole discretion that your content or use of the Services is objectionable or in violation this Agreement. The Company has no liability or responsibility to users of the Services or any other person or entity for performance or nonperformance of the aforementioned activities.
19. Changes to the Services
From time to time and without prior notice to you, we may change, expand, and improve the Services. We may also, at any time, cease to continue operating part or all of the Services or selectively disable certain features of the Services. Your use of the Services does not entitle you to the continued provision or availability of the Services. Any modification or elimination of the Services or any particular features will be done in our sole and absolute discretion and without an ongoing obligation or liability to you.
You agree to defend, indemnify, and hold the Company, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of this Agreement.
Any dispute arising from this Agreement shall be governed by the laws of the State of California without regard to its conflict of law provisions. SOLE AND EXCLUSIVE JURISDICTION FOR ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL BE IN AN APPROPRIATE STATE OR FEDERAL COURT LOCATED IN SAN FRANCISCO COUNTY, STATE OF CALIFORNIA AND THE PARTIES UNCONDITIONALLY WAIVE THEIR RESPECTIVE RIGHTS TO A JURY TRIAL. Any cause of action you may have with respect to your use of the Services must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of this Agreement, or a portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of this Agreement, and the remainder of this Agreement shall continue in full force and effect. A printed version of this Agreement shall be admissible in judicial or administrative proceedings. No waiver of by the Company of any term or condition set forth in this Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of this Agreement will continue in full force and effect. Upon termination, all provisions of this Agreement, which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability. All claims between the parties related to this Agreement will be litigated individually, and the parties will not consolidate or seek class treatment for any claim unless previously agreed to in writing by the parties. We may refuse service, close Accounts, and change eligibility requirements at any time.
22. Notice and takedown procedures
If you believe any materials accessible on or from the Services infringe your copyright, you may request removal of those materials (or access thereto) from this Services by contacting the Company and providing the following information: а. Identification of the copyrighted work that you believe to be infringed. Please describe the work, and, where possible, include a copy or the location of an authorized version of the work. b. Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material. c. Your name, address, telephone number and (if available) e-mail address. d. A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law. e. A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf. f. A signature or the electronic equivalent from the copyright holder or authorized representative. In an effort to protect the rights of copyright owners, the Company maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of the Services who are repeat infringers.
Questions and comments