These terms and conditions ("Terms") regulate the legal agreement between Mindvoll GesbR ("we", "Company") and the user ("you") of all content, products, services and functionality ("Service"), including but not limited to text, information, graphics, links and other materials, provided through the mobile application Moodmonk ("App"), as well as through the website operated by us ("Website") and via other third parties (e.g. the Apple App Store). These Terms provide for terms and conditions under which you may access and use the Service by means of a device ("Device"), including but not limited to computers, smartphones and tablets. These Terms are governed by the laws of Austria without regard to its conflicts of law provisions.Please read these Terms carefully before starting to use the Service.

By accepting these Terms, you confirm that you have read and understood these Terms, are at least 18 years old or possess legal parental or guardian consent and agree to be legally bound by terms and conditions, as well as all applicable legal rules and regulations covered by the Terms. If you are under the respective age, are not fully liable and competent to accept the Terms or do not agree with the Terms, you must not use, access or download the Service. We reserve the right to update the Terms, replace parts of it or any related documents at our sole discretion at any point in time, as well as to limit or modify the Service. You agree, that the Company is not obliged to ask for your consent or give a notice to you on modifying or terminating the Service and is not liable to you upon exercising this right. On continuing to use the service after the changes in Terms are published, you automatically agree with and accept the most recent changes.

Use of the Service

These Terms come in force from the moment you start using the Service in any form. Subject to these Terms over the course of the Terms’ duration, Mindvoll grants you a limited, non-exclusive, revocable, non-transferable, non-sublicensable license for downloading, accessing and using the App. You agree to only use the Service for personal purposes in compliance with legal rules and regulations covered by the Terms, as well as all local, state and federal laws. You are fully responsible for all activities you perform in connection with the Service, maintaining the confidentiality of your personal data, preventing the unauthorised use, access and downloads of the Service by the third parties, as well as notifying the Company of such fraud cases.

Please note, that the Service only provides for recommendations regarding mood tracking and must not be interpreted as the provision of medical care. You confirm that you are responsible for consulting with your health care provider before the use of the Service. If you have a health condition which can be influenced by the use of Service, you agree that you have received an approval from your medical care provider to use the Service. Any content of the App must be interpreted as serving informational purposes and should not override any care plan or medical treatment from a health care professional.

Restrictions to use of the Service

You should never allow unauthorized third parties to access the Service though sale, licensing or sublicensing, distributing, copying (other than backups of your personal data for personal purposes), renting or leasing the Service. Your right to use and access the Service must not be transferred or granted to third parties. You agree to not interfere or attempt to interfere into the normal functioning of the Service or threaten the security of the Service or use the Service in any manner that could damage or disable the Service by any means, including but not limited to automatic devices and software. You must not access or attempt to access, transmit or distribute any information that we consider confidential, unlawful, infringing or otherwise violating the law. You agree to not copy, distribute and modify any part of the Service without prior written consent and authorization of the Company. You must not access or attempt to access any content of the Service including but not limited to technology, software, text, graphics unless entitled by the Company through the Terms.

Privacy

Visit our Privacy Policy page for any information and notices regarding the collection and use of your data via the Service. By accepting these Terms, you are also agreeing to the Privacy Policy and accept all actions taken by us in regard to your information in compliance with the Privacy Policy. The Service may contain links to third-party resources. You agree that the Company are not responsible or liable for the reliability, security or accuracy of any information, content, products or services available on those websites and resources. You agree to bear all the risk associated with using these websites and resources.

Registration

‍You do not need to register or provide your personal data to use the Service. You will get an access to the App upon downloading it. You may access features, functions and other content of the Service according to the conditions specified in these Terms.‍

Membership and Subscriptions

The App can be used based on two forms of memberships, namely free and pro versions. You may access the free version of Moodmonk free of charge and registration. We reserve the right to impose a limit on features and functions of the Service that can be accessed in the free version of the App. The pro membership is based on a one time purchase and provides you with special features and functions of the Service, offered to pro members only and specified in the App. You can choose and manage your subscription in the App.

Once initiated by you, this payment cannot be cancelled. You can restore your purchases when accessing the Service from a different Device.

‍Please note, that since all the purchases are processed through the App Store, we are not responsible for managing any refunds, and all further claims need to be submitted to Apple to be resolved in accordance with the applicable payment policies of the marketplaces. Please review the mobile platform's terms and conditions before ordering the Service.

‍By selecting the upgraded plan you agree that Company is entitled to charge the credit card, or another payment method selected by you with an applicable fee. Please contact us at hello@moodmonk.app

‍We reserve the right to change our fees or adjust the pricing at our own discretion at any time. You will be informed of any changes before they take effect.‍