Terms of Service

1. Introduction

  • This application (referred to as the "App") is developed and provided by MoodMate ("MoodMate", "we", "us", or "our"). Our main focus is to create virtual companion apps. Our office and business address is located at Silver Business Hub, Utran. However, please send any correspondence relating to the App to moodmateapp@gmail.com.
  • The App, which includes all updates we make available or provide to you, is referred to as the "MoodMate" app that you download and install on your device. The App offers virtual companion and virtual chat functionalities
  • IMPORTANT NOTICE PLEASE READ

  • These Terms detail the legal terms that apply and how you can use the App. By downloading the App, you are legally bound by these Terms.
  • Please refer to the privacy notice here: https://moodmate.app/privacypolicy for information on how your personal data is processed.
  • Please read both these Terms and our privacy notice before downloading and using the App. Only download the App if you have read and agree to the rules. If you do not accept these Terms, you will not be permitted to use the App, and you should not download it.

Please pay special attention to paragraphs 16 and 17 of these Terms

2. Age Requirements

  • To use the App, you must be at least 16 years old. If you are 16 years old, you must have a parent or guardian accept these Terms on your behalf.

To use the App, you must be at least 16 years old. If you are 16 years old, you must have a parent or guardian accept these Terms on your behalf.

3. Permission from Device Owners

  • In order to download and use the App on any device that you do not own but control, you must first obtain permission from the device owner.
  • It is important to note that both you and the owner of the device may incur charges for internet access from your respective service providers.
  • We recommend that you and the device owner confirm with your mobile or internet service providers the details of data and internet usage charges before downloading or installing the App onto a device.
  • By downloading or installing the App onto a device, you accept full responsibility for using the App on that device in accordance with these Terms, regardless of whether or not you are the device owner.

4. Requirements for Devices and Systems

The App requires devices that meet the minimum system and compatibility requirements outlined below. If your device does not meet these requirements, the App may not work as intended:

  • For Android devices, please refer to the minimum compatibility requirements on Google Play Store: https://play.google.com/store/apps/
  • For iOS devices, please refer to the minimum compatibility requirements on Apple App Store: https://apps.apple.com/us/app/
  • The App's features depend on several things working correctly. Many of these are beyond our control, such as your internet connection, device, and app store. Although we will do our best to resolve issues, we are not responsible if you cannot use the App entirely or partially due to factors outside our control, such as a faulty camera, app store failure, or poor internet connection.

5. Support for the App and How to Report Problems and Complaints

  • If you need help using the App, contact our support team at moodmateapp@gmail.com.
  • If you encounter errors, performance issues, or have a complaint about the App, you may also contact our support team. We will respond to your email within 30 days of receipt.

6. How We Will Contact You

  • If we need to send you general information or notice, we will do so via a pop-up notification on the App. We recommend that you check the App regularly for notifications. We may also contact you via email using the most recent email address you have provided to us.

7. Permission to Use the App

The App belongs to us and our licensors. We grant you a non-exclusive, perpetual license to:

  • Download and install the App on a device that you own or control. If you obtained the App from the Apple App Store, you may also install it on any Apple-branded product that you own or control.
  • Use the App for personal, non-commercial purposes.

If you obtained the App from the Apple App Store, you must also use the App in compliance with the Usage Rules in Apple's App Store Terms of Service. If you obtained the App from Google Play, you must also use the App in compliance with the Google Play Terms of Service.

You may use the App worldwide.

Sharing Rules: You are allowed to share the App as per the family-sharing rules, family-group rules and volume purchase rules set by the app store where you downloaded the App. However, you cannot transfer or share the App with anyone else unless permitted by the said rules.

If you sell a device that has the App installed, you must uninstall the App from the device before selling it. Please note that the App is licensed to you, not sold. Therefore, the App continues to be owned by us and our licensors even after installation on your device.

Content Responsibility: You are responsible for any content that you submit to the App. However, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, reproduce, modify, adapt, publish, translate, create derivative works from and distribute any content that you submit to the App. For information about how your personal data is processed, please refer to the privacy notice available at https://moodmate.app/privacypolicy.

If you provide any feedback, suggestions, or other communications to us regarding the App ("Feedback"), you grant us a worldwide, non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, reproduce, modify, adapt, publish, translate, create derivative works from and distribute such Feedback for MoodMate's own purposes.

8. Account Security

  • If you create a user account to use the App, you must keep your password confidential and not share it with any third party. We reserve the right to disable any account or password, whether chosen by you or allocated by us, if we believe that you have breached any of these Terms and Conditions.
  • If you suspect that anyone other than you knows your email and password combination, you must change your password immediately and inform us at moodmateapp@gmail.com.

9. Rules of Use

  • You must not use the App for any illegal or commercial purpose. Additionally, you cannot upload or transmit or generate anything through the App that is obscene, defamatory, abusive, threatening or infringes on any other person's rights.
  • You must not use the App to harm our reputation, post or transmit spam, spam the App with multiple messages in a short period of time, try to hack the App, or modify, adapt, translate, or create derivative works of the App.
  • Regarding the App: You are prohibited from removing, altering, or hiding any trademark, logo, copyright, or other proprietary notice that appears on the App. Reverse engineering or attempting to derive source code from the App is not allowed. If you require Interoperability Information to make the App compatible with other software, please contact us, and we will try to assist you. However, you must not use Interoperability Information for any other purpose.
  • Human Interaction: The App has been developed to learn from human interactions to provide realistic responses to your messages. Therefore, sending negative, obscene, or abusive messages may result in you receiving similar messages from the App. If you wish to contact us about the messages you have received via the App, please see paragraph 5 above. MoodMate disclaims liability for any inappropriate content to the fullest extent permitted by applicable law. The messages/responses are generated by third party AI models, so we are not responsible for any negative, obscene, or abusive text, message or chat generation. This mobile application is intended for entertainment purposes only. The information provided in this application is not intended to substitute professional advice, diagnosis, or treatment. The creators of this application make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability, or availability with respect to the application or the information, products, services, or related graphics contained within the application for any purpose. Any reliance placed on such information is therefore strictly at your own risk.
  • The creators of this application shall not be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this application.
  • This mobile application is solely intended for entertainment purposes only. The content provided within this application is not intended to offend or harm any individual, group, religion, or gender. We do not promote any discrimination or offensive behavior towards any individual or group. The content provided within this application is purely fictional and any resemblance to real-life events or individuals is purely coincidental. Users are advised to use their discretion while using this application and should not take any action based solely on the information provided within the application. The developers of this application are not liable for any loss or damage that may arise from the use of this application.
  • By using this mobile application, the user agrees not to write in chat, ask, post or submit any abusive, sexual, or mature language in any form, including but not limited to text, images, videos, or any other media. The application reserves the right to remove any such content without notice or liability. The user understands that any violation of this agreement may result in the immediate termination of their account and may also lead to legal action. The application does not endorse or promote any such content and is not responsible for any consequences that may arise due to the user's actions.

10. Changes to these Terms:

We may change these Terms from time to time to reflect changes in laws, regulations, industry requirements, standards, or updates to the App. If we plan to amend these Terms, we will provide you with reasonable notice. We will send you a pop-up notification via the App to inform you of planned changes. It is recommended that you regularly check the App for notifications. If you want to continue using the App after the changes to these Terms come into effect, you must accept the amended Terms. If you do not accept the changes, you should not use the App from the date that the changes come into effect. By clicking to accept the changes or continuing to use the App after the date that the changes take effect, you agree to be legally bound by those changes. You can read and download the latest version of these Terms via the App interface.

11. App Updates

We may make free updates available to you via the app store where you obtained the App to improve its performance, fix bugs, address security issues, enhance functionality, and/or improve the user experience. It is recommended that you install updates as soon as reasonably possible after we make them available to you. We may also automatically update the App on your device to address security threats.

12. External Websites

The App may contain links to independent websites that are not provided by us. We do not control these independent sites and have not verified their content or privacy policies (if any). You must make your own decision to use any independent sites and to agree to their separate terms of use, including purchasing products or services offered by them.

13. Errors, Bugs, and Interruptions:

The App and all updates are provided to you free of charge. You acknowledge that the App may contain errors or inaccuracies and is provided on an "AS IS" basis without any warranty or guarantee that it will operate without error. We cannot guarantee uninterrupted access to the App and may need to interrupt access for maintenance purposes or other reasons beyond our control.

14. App Compatibility:

You acknowledge that the App has not been developed to meet your individual requirements. You are responsible for ensuring that the App, as described on the applicable app store and in these Terms, meets your requirements.

15. Internet Security :

You acknowledge that internet transmissions are not completely private or secure, and any message or information you send using the App may be read or intercepted by others, even if there is a notice that a particular transmission is encrypted.

16. Our Liability:

Our liability is not excluded or limited to you in cases of death or personal injury caused by our negligence or that of our employees, agents or subcontractors, fraud or fraudulent misrepresentation, or any liability that cannot be excluded or limited by law.

17. Your responsibility and our liabilities

  • Device Compatibility and System Requirements: You are responsible for checking that the App is compatible with your device and operating system, as specified in Paragraph 4 of these Terms. We will not be liable for any loss or damage caused by your failure to follow installation instructions or meet the minimum device or system requirements advised by us
  • Personal, Non-Business Use Only: The App is for your personal use only and may not be used for commercial or business purposes, except where otherwise stated in these Terms. We will not be liable for any business-related losses that you may suffer due to our negligence or violation of these Terms. Business-related losses may include loss of profits, loss of contracts, loss of business opportunity, and business interruption.
  • Back-up of data: You are responsible for regularly backing up all devices where you have installed the App and all data and digital content on those devices. Failure to back up your device at least once every 45 days may result in us not being liable for any damage caused by the App to the data or digital content on your device.
  • Installation of updates: We recommend that you promptly install all updates that we make available to you to protect the App and your device from security threats. Failure to install updates may make the App and your device vulnerable to security threats. If you fail to install a free update within 14 days of its availability, we will not be liable for any loss or damage that could have been avoided if the update had been installed.
  • Events outside our control: We will not be liable for any losses that you may suffer due to events outside our reasonable control that prevent us from complying with these Terms.
  • Compensation calculation: If we are liable to compensate you, we will only be responsible for reasonably foreseeable loss resulting from our failure to comply with these Terms or our negligence. Loss is considered "reasonably foreseeable" if it is an obvious consequence of our failure to comply with these Terms or if we knew that the loss could happen when you accepted these Terms
  • Breach of Terms: If you breach these Terms, we will not be liable for any increase in loss or damage that you may suffer as a result of your breach.

18. Right to terminate use of App

  • We may immediately suspend or terminate your right to use the App if you do not comply with these Terms or applicable laws, or if we suspect fraud or misuse of the App by you or anyone using your device or account details. We may also suspend or terminate your right to use the App if required by the app store where you obtained the App.
  • Inactivity: If you have not interacted with the App for a consecutive period of 2 years, we may contact you by email to let you know that we intend to terminate your use of the App. Interacting with the App means logging in to or making use of the App and/or allowing (or continuing to allow) the App to access data on your Facebook, Google, or Apple public profile or account. We will provide you with at least 30 days' notice before terminating your use of the App.

19. Discontinuation of App:

We may end your right to use the App if we discontinue the App.

Notice of Discontinuation: We will notify you through email or push notification not less than 30 days before discontinuing the App

Termination of Contract: You have the option to terminate this contract and stop using the App at any time. Please contact us at moodmateapp@gmail.com if you wish to do so.

Consequences of App Termination: Upon termination of your right to use the App:

  • You must stop using the App and delete it from all your devices.
  • We, or the App store where you obtained the App, may remotely disable the App on your device(s) or use other means to prevent you from accessing the App.
  • If you downloaded the App from the Apple App Store MoodMate and Apple's respective responsibilities and liabilities are outlined below. This section does not apply to those who obtained the App from Google Play or any other app store.
  • These Terms are solely between MoodMate and you, and not between you and Apple
  • MoodMate's responsibilities and liabilities to you are explained in other sections of these Terms.
  • MoodMate, not Apple, is solely responsible for the App and its content
  • Apple has no obligation to provide maintenance or support services for the App
  • MoodMate, not Apple, is responsible for any product warranties related to the App
  • If the App fails to meet MoodMate's warranty, you can inform Apple, and if you paid a purchase price for the App, Apple will refund it. Apple has no other warranty obligation for the App.
  • Any other claims related to the App are the sole responsibility of MoodMate and will be determined in accordance with the law and these Terms.
  • MoodMate, not Apple, is responsible for addressing any claims by you or third parties related to the App, including product liability claims, claims that the App does not comply with any law, and consumer protection, privacy, and similar claims
  • If a third party claims that the App or your use of it infringes on their intellectual property rights, MoodMate, not Apple, will investigate, settle, defend, and/or discharge the claim.
  • Apple and its subsidiaries are third party beneficiaries of these Terms and can enforce them in accordance with the Contracts (Rights of Third Parties) Act 1999. However, no other person has the right to enforce these Terms under this Act without obtaining consent from Apple or its subsidiaries.
  • You warrant that you are not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country, and you are not listed on any U.S. Government list of prohibited or restricted parties.
  • We have the right to transfer this contract to another organization, but we will inform you in writing and ensure that the transfer will not affect your rights under the contract. You may only transfer your rights or obligations under these Terms to another person with our written agreement.
  • Except where paragraph 22 applies, this agreement does not grant any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement
  • If any court or relevant authority decides that any paragraph of these Terms is unlawful, the remaining paragraphs will still be in effect.
  • Even if we delay in enforcing these Terms, we can still enforce them later. If we do waive a default by you, we will only do so in writing, and it will not automatically waive any later default by you.
  • English law governs these Terms, and legal proceedings in relation to these Terms can be brought in the English courts. Legal proceedings can also be brought in Scottish or Northern Irish courts if you live in Scotland or Northern Ireland, respectively