Terms of Service

Last Updated: January 16, 2025
Effective Date: January 16, 2025

1. Acceptance of Terms

By downloading, installing, accessing, or using MoodBud ("the App"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the App.

2. Description of Service

MoodBud is a mood tracking application that allows you to:

• Log your daily moods (happy, calm, sad, anxious, angry)
• Track mood patterns and streaks
• Evolve a digital companion (Mood Buddy) based on your mood patterns
• Access insights and analytics about your mood trends
• Connect with friends and participate in leaderboards (premium feature)
• Access premium features through subscription or one-time purchase

3. Eligibility

You must be at least 13 years old to use MoodBud. By using the App, you represent and warrant that:

• You are at least 13 years old
• You have the legal capacity to enter into these Terms
• You will comply with all applicable laws and regulations

4. User Accounts

4.1 Account Creation

• You may use MoodBud anonymously or create an account
• You are responsible for maintaining the confidentiality of your account credentials
• You are responsible for all activities that occur under your account

4.2 Account Security

• You must immediately notify us of any unauthorized use of your account
• We are not liable for any loss or damage arising from your failure to protect your account

5. User Content

5.1 Your Content

• You retain ownership of all content you create in the App (mood logs, notes)
• You grant us a license to use, store, and process your content to provide the App's services

5.2 Content Restrictions

You agree not to:

• Post offensive, harmful, or illegal content
• Impersonate others or provide false information
• Violate any laws or regulations
• Interfere with or disrupt the App's services

5.3 Content Removal

We reserve the right to remove any content that violates these Terms or is otherwise objectionable.

6. Subscriptions and Payments

6.1 Subscription Plans

MoodBud offers the following subscription options:

• Premium Monthly: $5.99/month (auto-renewing)
• Premium Annual: $39.99/year (auto-renewing)
• Premium Lifetime: $79.99 (one-time payment)

6.2 Free Trial

• Premium subscriptions may include a free trial period
• You will be charged after the free trial period ends unless you cancel before the trial ends
• Free trial terms are displayed at the time of purchase

6.3 Auto-Renewal

• Subscriptions automatically renew unless cancelled at least 24 hours before the end of the current period
• You will be charged the subscription fee to your Apple ID or Google Play account
• Renewal charges occur automatically on the same day of the month/year as your initial purchase

6.4 Subscription Management

• iOS: Manage subscriptions in Settings → [Your Name] → Subscriptions
• Android: Manage subscriptions in Google Play Store → Subscriptions
• You can cancel your subscription at any time
• Cancellation takes effect at the end of your current billing period
• You retain access to premium features until the end of your billing period

6.5 Subscription Changes

• Upgrades: If you upgrade to a higher-tier subscription, the upgrade takes effect immediately. You will receive a prorated credit for your remaining subscription time.
• Downgrades: If you downgrade to a lower-tier subscription, the change takes effect at your next billing cycle. You retain current features until then.

6.6 Refunds

• Apple App Store: Refund requests must be made through Apple's refund process (Settings → [Your Name] → Media & Purchases → Purchase History)
• Google Play Store: Refund requests must be made through Google Play's refund process
• We do not process refunds directly - all refunds are handled by Apple or Google
• Refund eligibility is determined by Apple's or Google's policies
• Lifetime Purchases: Lifetime purchases are non-refundable except as required by law

6.7 Price Changes

• We reserve the right to change subscription prices at any time
• Price changes will not affect your current subscription period
• You will be notified of price changes before your next renewal
• If you do not agree to the new price, you may cancel your subscription

7. Premium Features

7.1 Premium Access

Premium subscriptions grant access to:

• All 16 buddy forms (vs 5 free forms)
• Advanced insights and analytics
• Unlimited streak freezes (vs 1/week free)
• 50+ premium accessories
• Up to 100 friends (vs 25 free)
• XP boost multiplier
• Cloud sync across devices

7.2 Feature Availability

• Premium features are available as long as your subscription is active
• If your subscription expires, you will lose access to premium features
• Your data (mood logs, streaks) remains accessible in the free version

8. Intellectual Property

8.1 Our Rights

• MoodBud, including all content, features, and functionality, is owned by us
• All trademarks, service marks, and logos are our property
• You may not copy, modify, or distribute the App without our permission

8.2 Your Rights

• You retain ownership of your user-generated content (mood logs, notes)
• You grant us a license to use your content to provide the App's services

9. Prohibited Uses

You agree not to:

• Use the App for any illegal purpose
• Attempt to gain unauthorized access to the App or its systems
• Interfere with or disrupt the App's services
• Reverse engineer, decompile, or disassemble the App
• Use automated systems to access the App (bots, scrapers)
• Share your account with others
• Sell or transfer your account

10. Termination

10.1 By You

• You may stop using the App at any time
• You may delete your account through the App's settings
• Deletion is permanent and cannot be undone

10.2 By Us

We may terminate or suspend your access to the App immediately, without prior notice, if you:

• Violate these Terms
• Engage in fraudulent or illegal activity
• Misuse the App or its services

10.3 Effect of Termination

• Upon termination, your right to use the App ceases immediately
• We may delete your account and data (subject to our Privacy Policy)
• Provisions that by their nature should survive termination will survive

11. Disclaimers

11.2 Service Availability

• We do not guarantee that the App will be available at all times
• The App may be unavailable due to maintenance, updates, or technical issues
• We are not liable for any loss or inconvenience due to App unavailability

11.3 Data Accuracy

• While we strive for accuracy, we do not guarantee that all information in the App is error-free
• You are responsible for verifying the accuracy of your data

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
• OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE APP IN THE 12 MONTHS PRECEDING THE CLAIM
• WE ARE NOT LIABLE FOR ANY LOSS OF DATA, PROFITS, OR BUSINESS OPPORTUNITIES

13. Indemnification

You agree to indemnify and hold us harmless from any claims, damages, losses, or expenses arising from:

• Your use of the App
• Your violation of these Terms
• Your violation of any rights of another party

14. Dispute Resolution

14.1 Governing Law

These Terms are governed by the laws of Kenya, without regard to conflict of law principles.

14.2 Dispute Resolution Process

• Informal Resolution: We encourage you to contact us first to resolve any disputes
• Binding Arbitration: If informal resolution fails, disputes will be resolved through binding arbitration (except where prohibited by law)
• Class Action Waiver: You waive any right to participate in class action lawsuits

15. Changes to Terms

We may update these Terms from time to time. We will notify you of any material changes by:

• Posting the new Terms in the App
• Updating the "Last Updated" date
• Sending you a notification (for material changes)

Your continued use of the App after changes become effective constitutes acceptance of the updated Terms.

16. Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full effect.

17. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding the App.

19. Acknowledgment

By using MoodBud, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.