Welcome to Moodmate! These Terms of Use (this “Agreement”) is a legal agreement between you (“you”) and Moodmate Inc., a Delaware corporation (“Company,” “we” or “us”) for use of the services Moodmate makes available through Moodmate websites; Moodmate mobile applications, Moodmate chatbots which may be accessed through or downloaded from any application store or distribution platform (each such distribution platform and “Services Platform Provider”); and any other software or services offered by Moodmate in connection with any of those (collectively the “Services”).
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
To use the Services, you may be required to create or update an account (“Account”) and will be asked to provide certain personal information, which may include your name, gender, birth date, and e-mail address. This information will be held and used in accordance with our privacy policy, which can be found at moodmate.me/privacy-policy (“Privacy Policy”). You agree that you will supply accurate and complete information to the Company, and that you will update that information promptly after it changes. However, users should note that when they access Moodmate via the Facebook Messenger platform, they are also subject to Facebook’s privacy policy, which can be found at https://www.facebook.com/privacy/explanation. To create an Account and access the Services, you must be at least 13 years old (16 years old in EU) and not barred from using the Services under applicable law. If you are under 18, your parent or guardian must review and accept the terms of this Agreement, and by using the Services, you confirm that your parent or guardian has so reviewed and accepted this Agreement. We reserve the right to limit the availability to users under the age of 18 of certain content in the Services, in our sole discretion.
4. Your use of the Services
Moodmate seeks to protect users by providing services only to those who are likely to benefit from the Services provided. If your needs appear beyond the scope of guided self-help you will be advised to seek alternative services which can be found through the services of a mental health professional, medical professional, or support organization. If you think you may have a medical emergency, call your doctor or 911 immediately. As a condition of using the Services, you agree not to use the Services for any purpose that is prohibited by this Agreement. You are responsible for all of your activity in connection with the Services and you shall abide by all local, state, national, and international laws and regulations and any applicable regulatory codes. You agree that if you take any of the following actions, you will be materially breaching this Agreement, and you agree that you SHALL NOT: а. resell, rent, lease, loan, sublicense, distribute, or otherwise transfer rights to the Services; b. modify, reverse engineer, decompile or disassemble the Services; c. copy, adapt, alter, modify, translate, or create derivative works of the Services without the written authorization of the Company; d. permit other individuals to use the Services, including but not limited to shared use via a network connection, except under the terms of this Agreement; e. circumvent or disable any technological features or measures in the Services for protection of intellectual property rights; f. use the Services in an attempt to, or in conjunction with, any device, program, or service designed to circumvent technological measures employed to control access to, or the rights in, a content file or other work protected by the copyright laws of any jurisdiction; g. use or access the Services to compile data in a manner that is used or usable by a competitive product or service; h. use your Account to advertise, solicit, or transmit any commercial advertisements, including chain letters, junk e-mail or repetitive messages to anyone; i. use your Account to engage in any illegal conduct; j. upload to transmit any communications that infringe or violate the rights of any party; k. upload media of any kind that contain expressions of hate, abuse, offensive images or conduct, obscenity, pornography, sexually explicit or any material that could give rise to any civil or criminal liability under applicable law or regulations or that otherwise may be in conflict with this Agreement and the Company’s Privacy Policy; or l. upload any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or this website. Any such forbidden use shall immediately terminate your license to use the Services.
5. Licences granted to the Services
Anything you post, upload, share, store, or otherwise provide through the Services is your “User Submission.” Some User Submissions may be viewable by other users. In order to display your User Submissions on the Services, and to allow other users to view them (where applicable), you grant us certain rights in those User Submissions. Please note that all of the following licenses are subject to our Privacy Policy to the extent they relate to User Submissions that are also your personally-identifiable information. For all User Submissions, you hereby grant Moodmate a license to translate, modify (for technical purposes, for example making sure your content is viewable on an iPhone as well as a computer) and reproduce and otherwise act with respect to such User Submissions, in each case to enable us to operate the Services, as described in more detail below. This is a license only – your ownership in User Submissions is not affected. If you submit a User Submission in your own personal Moodmate account, in a manner that is not viewable by any other user except you (a “Personal User Submission”), you grant Moodmate the license above, provided that the license to display, perform, and distribute your Personal User Submission will be limited to the sole purpose of making that Personal User Submission accessible to you and providing the Services necessary to do so. You agree that the licenses you grant are royalty-free, perpetual, sublicensable, irrevocable, and worldwide; provided that when you delete your Moodmate account, we will stop displaying your User Submissions to other users (if applicable), but you understand and agree that it may not be possible to completely delete that content from Moodmate’s records, and that your User Submissions may remain viewable elsewhere to the extent that they were copied or stored by other users who had access to such User Submissions. Finally, you understand and agree that Moodmate, in performing the required technical steps to provide the Services to our users (including you), may need to make changes to your User Submissions to conform and adapt those User Submissions to the technical requirements of connection networks, devices, services, or media, and any of the foregoing licenses include the rights to do so.
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 team@moodmate.me, 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 team@moodmate.me. 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
The Services enables you to input personal notes, share your stories, post or upload content, submit content and log certain information into the Services (“User Content”). You retain all rights to such User Content that you post, share, or log in the Services. By providing your User Content to the Services, you (a) grant the Company a non-exclusive, transferable, sublicensable, worldwide, royalty-free license to use, copy, exploit, modify, publicly display, publicly perform, create derivative works from, incorporate it into other works, change, reformat, and distribute your User Content in connection with providing and operating the Services and related services and/or for the Company’s promotional purposes (for example, by displaying on our website, within the Services, in social media, on any website or platform in the internet as we may deem appropriate), subject to the Privacy Policy; and (b) you agree to indemnify the Company and its affiliates, directors, officers, and employees and hold them harmless from any and all claims and expenses, including attorneys’ fees, arising from the media and/or your failure to company with the terms described in this Agreement. The Company reserves the right to review all User Content prior to submission to the Services and to remove any media for any reason, at any time, without prior notice, at our sole discretion.
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 team@moodmate.me. 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 team@moodmate.me.
12. Passwords
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 team@moodmate.me. 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
IN NO EVENT SHALL THE COMPANY, ITS OFFICERS, DIRECTORS, AGENTS, AFFILIATES, EMPLOYEES, ADVERTISERS, OR DATA PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA) WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), EQUITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SERVICES. 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 SERVICES EXCEED THE AMOUNTS YOU HAVE PAID TO THE COMPANY FOR USE OF THE SERIES OR ONE HUNDRED DOLLARS ($100) IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO THE COMPANY, AS applicable. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, SO THE ABOVE LIMITATIONS MAY NOT apply TO YOU. THE COMPANY, OR ANY THIRD PARTIES MENTIONED ON THE SERVICES ARE NOT LIABLE FOR ANY PERSONAL INJURY, INCLUDING DEATH, CAUSED BY YOUR USE OR MISUSE OF THE Services. The Services may contain links or connections to third party websites or services that are not owned or controlled by Moodmate. When you access third party websites or use third party services, you accept that there are risks in doing so, and that Moodmate is not responsible for such risks. We encourage you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each third party website or service that you visit or utilize. Moodmate has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third party websites or by any third party that you interact with through the Services. In addition, Moodmate will not and cannot monitor, verify, censor or edit the content of any third party site or service. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third party website or service. Your interactions with organizations and/or individuals found on or through the Services are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with interaction with any of these third parties. You agree that Moodmate shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on the Services, or between users and any third party, you agree that Moodmate is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release Moodmate, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services. If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
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.
20. Indemnity
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.
21. Miscellaneous
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
If you have any comments or questions on any part of the Services or any part of these Terms of Use, require support, or have any claims, please contact us at team@moodmate.me.