Terms of Use

Welcome to MoodMonkey! These Terms of Use ("Terms") govern your access to and use of the MoodMonkey mobile application ("App"), website, and related services (collectively, "Services"). By accessing or using MoodMonkey, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Services.

1. Acceptance of Terms

By creating an account, downloading the App, or using any of our Services, you agree to comply with and be legally bound by these Terms, our Privacy Policy, and all applicable laws and regulations. If you are using the Services on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

2. Description of Services

MoodMonkey is a privacy-first mental wellness platform that enables users to:

• Track and analyze personal mood patterns and emotional wellness
• Share life moments securely with a trusted circle of up to 10 people
• Access emergency SOS features for instant support
• Utilize wellness tools including breathing exercises and mood analytics
• Enjoy end-to-end encrypted data protection with AES-256 encryption

We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time without prior notice.

3. Premium Subscription Terms

3.1 Auto-Renewal

Your subscription will automatically renew unless you cancel at least 24 hours before the end of the current subscription period. Your account will be charged for renewal within 24 hours prior to the end of the current period at the same price you initially paid.

3.2 Managing Your Subscription

You can manage your subscription and turn off auto-renewal through your device's account settings:

• iOS: Settings → [Your Name] → Subscriptions → MoodMonkey
• Android: Google Play Store → Menu → Subscriptions → MoodMonkey

3.3 Cancellation Policy

You may cancel your subscription at any time. Cancellation will take effect at the end of your current billing period. No partial refunds will be provided for unused portions of a subscription period, except as required by applicable law.

3.4 Free Trial (If Applicable)

If we offer a free trial period, you will be charged the subscription fee when the trial period expires unless you cancel before the trial ends. Any unused portion of a free trial will be forfeited when you purchase a subscription.

3.5 Price Changes

We reserve the right to change subscription pricing. Any price changes will be communicated to you in advance and will take effect at your next renewal date. Your continued use of the premium subscription after a price change constitutes acceptance of the new price.

4. Account Registration and Security

To use certain features of the Services, you must create an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and update your information to keep it accurate and current
• Maintain the security of your account credentials
• Notify us immediately of any unauthorized access or security breach
• Accept responsibility for all activities that occur under your account

You must be at least 13 years old to use MoodMonkey. If you are under 18, you must have parental or guardian consent to use the Services.

5. User Content and Conduct

5.1 Your Content

You retain ownership of all content you create, upload, or share through MoodMonkey ("User Content"), including mood entries, photos, voice recordings, and other personal data. By using our Services, you grant us a limited license to store, process, and display your User Content solely for the purpose of providing the Services to you and your designated circle members.

5.2 Prohibited Conduct

You agree not to use the Services to:

• Violate any applicable laws or regulations
• Infringe on the rights of others, including intellectual property rights
• Harass, threaten, or harm other users
• Share content that is illegal, offensive, or inappropriate
• Attempt to gain unauthorized access to our systems or other users' accounts
• Use automated systems (bots, scrapers) to access the Services
• Interfere with or disrupt the Services or servers
• Impersonate any person or entity
• Share false, misleading, or deceptive information

6. Privacy and Data Protection

Your privacy is critically important to us. Our Privacy Policy explains how we collect, use, protect, and share your information. Key privacy features include:

• End-to-End Encryption: All personal data, mood entries, and shared content are encrypted with AES-256 encryption before leaving your device
• Zero-Knowledge Architecture: We cannot decrypt your sensitive content
• Data Ownership: You own your data and can export or delete it at any time
• Limited Sharing: Your content is only visible to your designated circle members
• GDPR Compliance: We respect your rights under applicable data protection laws

7. Emergency SOS Features

MoodMonkey provides emergency SOS functionality that allows you to send alerts with your location to designated emergency contacts. You acknowledge that:

• SOS features are supplementary tools and should not replace professional emergency services
• In a life-threatening emergency, you should always call local emergency services (911, 112, etc.)
• We cannot guarantee delivery of SOS alerts due to factors beyond our control (network connectivity, device settings, etc.)
• Location data shared during SOS alerts bypasses normal privacy settings
• You are responsible for maintaining accurate emergency contact information

8. Intellectual Property Rights

The MoodMonkey App, website, and all related content, features, and functionality (including but not limited to software, designs, text, graphics, logos, and trademarks) are owned by MoodMonkey or our licensors and are protected by copyright, trademark, and other intellectual property laws.

You may not copy, modify, distribute, sell, or lease any part of our Services without our express written permission.

9. Third-Party Services

MoodMonkey integrates with third-party services to provide enhanced functionality:

• Firebase: Backend infrastructure, authentication, and data storage
• RevenueCat: Subscription management and payment processing
• Google Analytics: Usage analytics and performance monitoring
• Authentication Providers: Google Sign-In, Apple Sign-In

Your use of these third-party services is subject to their respective terms of service and privacy policies. We are not responsible for the practices of third-party services.

10. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

MoodMonkey is a wellness tool and is not a substitute for professional medical, psychiatric, or therapeutic advice, diagnosis, or treatment. If you are experiencing a mental health crisis, please contact a qualified healthcare provider or emergency services immediately.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MOODMONKEY, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES.

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR $100 USD, WHICHEVER IS GREATER.

12. Indemnification

You agree to defend, indemnify, and hold harmless MoodMonkey and its affiliates from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your violation of these Terms
• Your use or misuse of the Services
• Your User Content
• Your violation of any third-party rights

13. Termination

We reserve the right to suspend or terminate your access to the Services at any time, with or without notice, for any reason, including but not limited to:

• Violation of these Terms
• Fraudulent, abusive, or illegal activity
• Extended periods of inactivity
• At your request to delete your account

Upon termination, your right to use the Services will immediately cease. You may delete your account at any time through the App settings. Termination does not affect any rights or obligations that accrued before termination.

14. Dispute Resolution and Governing Law

14.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which MoodMonkey operates, without regard to its conflict of law principles.

14.2 Arbitration Agreement

Any dispute, claim, or controversy arising out of or relating to these Terms or the Services shall be resolved through binding arbitration, except that either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent infringement of intellectual property rights.

14.3 Class Action Waiver

You agree that any arbitration or proceeding shall be limited to the dispute between you and MoodMonkey individually. To the full extent permitted by law, no arbitration or proceeding shall be joined with any other, no dispute shall be arbitrated on a class-action basis, and you waive any right to participate in a class-action lawsuit or class-wide arbitration.

15. Changes to These Terms

We may update these Terms from time to time to reflect changes in our Services, legal requirements, or business practices. We will notify you of material changes by:

• Posting the updated Terms in the App with a new "Last Updated" date
• Sending you an email notification (if you have provided an email address)
• Displaying an in-app notification when you next open the App

Your continued use of the Services after the effective date of the updated Terms constitutes your acceptance of the changes. If you do not agree to the updated Terms, you must stop using the Services and may delete your account.

16. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

17. Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices or agreements published in connection with the Services, constitute the entire agreement between you and MoodMonkey regarding your use of the Services.

18. Contact Information

If you have any questions, concerns, or feedback about these Terms or the Services, please contact us at:

• Email: hello@moodmonkey.app
• Website: https://moodmonkey.app

19. Additional Terms for App Store Users

If you downloaded the App from the Apple App Store or Google Play Store, you acknowledge and agree to the following:

Apple App Store

• These Terms are between you and MoodMonkey only, not with Apple Inc.
• Apple is not responsible for the App or its content
• Apple has no obligation to provide maintenance or support for the App
• Apple is not responsible for addressing any claims relating to the App
• In the event of any third-party claim that the App infringes intellectual property rights, MoodMonkey, not Apple, shall be responsible for investigation, defense, settlement, and discharge of such claim
• Apple and Apple's subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance, Apple will have the right to enforce these Terms against you

Google Play Store

• You must comply with the Google Play Terms of Service
• Google is not responsible for the App or its content
• Any claims related to the App should be directed to MoodMonkey, not Google

20. Acknowledgment

BY USING MOODMONKEY, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICES.

Thank you for choosing MoodMonkey. We're committed to supporting your mental wellness journey with privacy, security, and care.