Moodivation Terms of Service

1. Overview & Eligibility

• You must be at least 13 years old (or the minimum age of digital consent in your region) to use the Service. If you are under the age of majority, you confirm you have your parent/guardian’s consent.
• You are responsible for the accuracy of your account information and for all activity on your account and device.

2. Wellness Disclaimer (Not Medical Advice; No Emergencies)

• Moodivation provides mood check-ins, motivational content, and activity suggestions intended for general well-being only. It is not medical, psychological, or other professional advice.
• The Service does not provide crisis support or emergency services. If you are in danger or experiencing a medical or mental health emergency, call your local emergency number immediately (e.g., 911/999/112) or seek professional help.

3. Subscriptions, Billing, and Auto-Renewal (Apple App Store / Google Play)

• Certain features are offered via auto-renewing subscriptions purchased through the Apple App Store or Google Play (the “Store”). Pricing, term/period, and features are shown in-app prior to purchase.
• Payment. Your Store account is charged at purchase confirmation.
• Auto-renewal. Subscriptions automatically renew for the same period (unless changed) unless you cancel at least 24 hours before the end of the current period.
• Manage & Cancel. Manage or cancel your subscription in your Store account settings (Apple: Settings ▸ Apple ID ▸ Subscriptions; Google: Play Store ▸ Profile ▸ Payments & subscriptions). We cannot cancel on your behalf. Inside the app, Settings ▸ Manage Subscription opens your Store’s subscription management page.
• Renewal Charges. Your account may be charged for renewal within 24 hours prior to the end of the current period.
• Trials. If offered, free trials convert to a paid subscription at the end of the trial unless canceled at least 24 hours before trial end. Any unused portion of a free trial is forfeited when you purchase a subscription.
• Promos/Intro Offers. Promotional or introductory pricing may be limited to new subscribers or specific eligibility criteria. We may change or discontinue promotions according to Store policies.
• Price Changes. We may change pricing in accordance with Store policies. We or the Store will notify you and may require consent for increases; otherwise you may cancel prior to the change taking effect.
• Refunds. Billing and refunds are handled by the Store provider and subject to the Store’s policies. Where permitted by law, purchases are final and non-refundable. For questions about refunds, please see your Store’s help resources.
• Taxes & Currency. Prices are shown in the currency available to you in the Store and may include or exclude applicable taxes depending on your region. The final amount and currency are displayed by the Store at purchase confirmation.
• EU/UK Right of Withdrawal. If you are in the EU/EEA/UK, you generally have a 14-day right to withdraw from distance contracts. Because the Service consists of digital content provided immediately, by starting a trial or completing a purchase you expressly consent to immediate delivery and acknowledge that you lose the right of withdrawal once delivery begins. If you do not consent, do not start the trial or purchase.
• Restore Purchases (Apple). If you reinstall or change devices, you can restore active subscriptions via Settings ▸ Restore Purchases on iOS.
• Apple/iOS Disclosures (summary). The subscription length and price are shown before purchase; payment is charged to your Apple ID at confirmation; the subscription auto-renews unless canceled at least 24 hours before the period ends; renewal is billed within 24 hours before the current period ends; manage/cancel in Settings ▸ Apple ID ▸ Subscriptions; and any unused portion of a free trial is forfeited upon purchase.

4. License & Intellectual Property

• We grant you a personal, limited, non-exclusive, non-transferable, revocable license to use the Service for your own noncommercial purposes, in accordance with these Terms and any platform usage rules.
• The Service—including content, text, graphics, trademarks, branding (including “Moodivation”), logos, UI/UX design elements, animations, data, software, and documentation—is protected by intellectual-property laws. Except for content you create (see §6), all rights are reserved by us and our licensors.
• You may not remove, obscure, or alter any copyright, trademark, or other proprietary notices.

5. Restrictions on Competitive Use, Imitation, Reverse Engineering, and Data Mining

Definitions

“Service Materials” means the Service and all associated content and materials, including UI/UX designs and layouts, text, copy, images, animations, workflows, data structures, software, documentation, and trade dress (or equivalent rights).

“Competing Service” means any product or service that offers substantially similar functionality to the Service or is directed to materially the same user need or use case.

“Automated Means” includes bots, crawlers, scrapers, spiders, and similar tools.

“Non-Public Features” means features, content, or environments not generally available to the public (e.g., private betas, internal tools, or gated areas).

Prohibited Conduct

1. Competitive Use / Imitation. Use the Service or any Service Materials to design, develop, train, test, or improve a Competing Service, or to copy or substantially reproduce our trade dress, look-and-feel, layout, component behaviors, workflows, or copywriting style.
2. Reverse Engineering. Reverse engineer, decompile, disassemble, or otherwise attempt to derive source code, models, algorithms, or underlying architectures of the Service except to the extent such restriction is prohibited by applicable law.
3. Data Mining and Scraping. Access, query, monitor, copy, or collect the Service or Service Materials—by Automated Means or otherwise—for the purpose of creating or augmenting datasets, knowledge bases, or models, or for reconstruction of our features, UI, or content.
4. AI Training / Model Use. Use the Service, Service outputs, UI text, or other Service Materials to train, fine-tune, evaluate, or validate any machine-learning model intended to imitate the Service’s outputs, UX, or copywriting style, without our prior written consent.
5. Derivative Works / Framing. Create derivative works of, frame, mirror, or otherwise display the Service or Service Materials in a way that misappropriates our trade dress or suggests affiliation where none exists.
6. Benchmarks & Non-Public Disclosures. Publish, disclose, or disseminate performance or benchmark results, or share screenshots/recordings of Non-Public Features, without our prior written consent.
7. Circumvention / Notices. Bypass or defeat access controls or security measures, or remove/alter proprietary notices.

Interoperability Carve-Out

If applicable law grants you a non-waivable right to reverse engineer solely for interoperability, you must first request from us the information necessary to achieve interoperability. If we provide such information, you will use it only for interoperability and not disclose it to any third party or use it to create a Competing Service.

Open-Source and Third-Party Licenses

Nothing in this Section limits rights you hold under applicable open-source or third-party licenses for components included in the Service, which govern those components.

Remedies

Breach of this Section may cause irreparable harm. We may suspend or terminate access and seek injunctive relief and any other remedies available at law or in equity.

6. Your Content

• You may create or submit content such as check-ins, activities, notes, and profile details (“User Content”). You retain ownership of your User Content.
• You grant us a worldwide, non-exclusive, royalty-free, sublicensable license to host, process, transmit, display, and adapt your User Content solely to operate, improve, and provide the Service.
• You represent that your User Content and use of the Service comply with these Terms and applicable law.

7. Acceptable Use & UGC Moderation

You agree not to use the Service to:

• Violate any law, or infringe rights of others;
• Upload malware, attempt to gain unauthorized access, disrupt, or overload the Service;
• Post abusive, harassing, hateful, or illegal content;
• Misrepresent identity or affiliation;
• Engage in any activity that competes with, replicates, or attempts to circumvent the Service or any access controls.

In-app reporting & enforcement. If you encounter content or behavior that violates these Terms, you can report it via Settings ▸ Help ▸ Report or by emailing support@moodivation.app. We may remove content, limit features, or suspend/terminate accounts to enforce these Terms.

Repeat-Violator Policy. We may suspend or terminate accounts that repeatedly or egregiously violate these Terms.

8. App Stores; Platform-Specific Terms (Apple / Google)

• This agreement is between you and Moodivation, not with Apple or Google. Neither Apple nor Google is responsible for the Service or its content.
• Apple Standard EULA. For iOS downloads, the Apple Licensed Application End User License Agreement (Standard EULA) also applies; if there is a conflict, the Standard EULA governs to the extent required by Apple policies. Among other things, it limits your license to use the app on Apple-branded products you own or control, per Apple’s Usage Rules.
• Maintenance & Support. Apple and Google have no obligation to provide maintenance or support for the app; this is our responsibility.
• Product Claims. We—not Apple or Google—are responsible for addressing any claims by you or a third party relating to the app or your possession/use of it (e.g., product liability, legal/regulatory non-conformity, consumer-protection, or IP claims).
• Warranty. If the app fails to conform to any applicable warranty that is not effectively disclaimed, you may notify Apple or Google; to the maximum extent permitted by law, the platform’s sole warranty obligation, if any, is a refund of the purchase price (if any).
• Third-Party Beneficiaries (Apple). You acknowledge that Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.
• Manage / Cancel In-App. A Manage Subscription control is available in Settings ▸ Manage Subscription, which opens your platform subscription page so you can view, change, or cancel.
• Restore Purchases (Apple). On iOS, you can restore active subscriptions via Settings ▸ Restore Purchases.

9. Privacy

Your use of the Service is subject to our Privacy Policy, which explains how we collect, use, and share information. Where required by law, we will obtain consent for data processing and provide rights request mechanisms.

10. Changes to the Service & Terms

• We may modify, suspend, or discontinue features, plans, or the Service in whole or in part.
• We may update these Terms. Material changes will be notified in-app and/or by email, and may require your re-acceptance. If you continue using the Service after changes take effect, you accept the updated Terms.

11. Termination

• You may stop using the Service at any time and may delete your account in-app. Account deletion is permanent and may remove or anonymize your data as described in our Privacy Policy.
• We may suspend or terminate access if you violate these Terms or if we believe your use poses risk. Upon termination, your license ends and you must cease use.

12. Disclaimers

• AS IS. To the maximum extent permitted by law, the Service is provided “as is” and “as available”, without warranties of any kind—express, implied, or statutory—including merchantability, fitness for a particular purpose, title, and non-infringement.
• No Medical Advice. We do not provide medical or mental health services. See §2.
• We do not guarantee the Service will be uninterrupted, timely, secure, or error-free.

13. Limitation of Liability

To the maximum extent permitted by law: (a) Moodivation will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or any loss of profits, data, goodwill, or other intangible losses; and (b) our aggregate liability for all claims relating to the Service shall not exceed the greater of USD $50 or the amounts you paid to us for the Service in the 12 months preceding the claim. Some jurisdictions do not allow certain limitations; these may not apply to you to the extent prohibited by law.

14. Indemnity

You agree to indemnify and hold harmless Moodivation and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or in any way connected with your User Content, your use of the Service, or your violation of these Terms or applicable laws.

15. Government, Export, and Sanctions Compliance

You represent you are not located in, under control of, or a national or resident of any country or entity subject to embargo or sanctions and that you will not use the Service for prohibited purposes under applicable export laws.

16. Copyright Complaints (Notice Procedure)

If you believe content infringes your copyright, please send a notice to support@moodivation.app with: (a) your contact details; (b) identification of the copyrighted work; (c) identification of the allegedly infringing material and its location; (d) a statement of good-faith belief; (e) a statement under penalty of perjury that the information is accurate and you are authorized to act; and (f) your physical or electronic signature.

17. Governing Law & Dispute Resolution

• Governing Law. These Terms are governed by the laws of British Columbia, Canada, without regard to conflict-of-law principles.
• Consumer Rights Preserved. Nothing here limits any non-waivable consumer rights under local law.

18. Miscellaneous

• Entire Agreement. These Terms and the Privacy Policy are the entire agreement between you and us regarding the Service.
• Severability. If any provision is held invalid or unenforceable, the remaining provisions remain in effect.
• Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.
• No Waiver. Our failure to enforce any right is not a waiver of such right.
• Third-Party Services. The Service may link to third-party content or services; we are not responsible for them.
• Open-Source Components. The app may include open-source components licensed under separate terms. To the extent required, those licenses govern with respect to the components.
• Force Majeure. We are not liable for delays or failures caused by events beyond our reasonable control (including internet failures, acts of God, labor disputes, or governmental actions).
• Survival. Sections 4–6 and 12–18 survive termination.

19. Contact Us

Questions or concerns? Email support@moodivation.app.

In-App Summary (for pre-purchase disclosure)

Versioning Note. Record the “Version” shown above when users accept the Terms during onboarding, and require re-acceptance upon material updates.