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Terms & Conditions

Welcome to Moodu, the AI Emotional Support App. By interacting with our platform in any capacity, you acknowledge and agree to our terms and conditions. These terms aim to define our relationship with you and ensure the safe, respectful use of our services.


Healthy Minds LLC DBA Moodu – Terms of Service

Effective Date: 8/25/23

Thank you for choosing Moodu, provided by Healthy Minds LLC. Our Terms of Service clarify the agreement between you (“User,” “you,” or “your”) and Healthy Minds LLC (“Company,” “we,” “us,” or “our”).

Acceptance of Terms:

By interacting with Moodu in any of the ways detailed below, you signify your agreement to these Terms of Service. If you do not agree with these terms, please refrain from these interactions and do not use Moodu.

Acceptance via Interaction Types:

1.2 Content Interaction: Accessing, viewing, or engaging with content on any of Moodu’s digital platforms, services, or online interfaces—including but not limited to applications, websites, web apps, email communications, and other digital offerings—signifies your acceptance of these terms.

1.3 Payments and Transactions: Making purchases, conducting transactions, or any financial interactions within Moodu signals your agreement with these terms.

1.4 Data Submission and Sharing: Uploading, sharing, or submitting data, posting content, or any form of data transmission within Moodu indicates your consent to these terms.

1.5 Updates and Upgrades: Choosing to update, upgrade, or engage with newer versions of Moodu represents your continued acceptance of these terms.

1.6 Feedback and Support Interaction: Engaging with our support services, providing feedback, or any form of communication with our team is seen as agreement to these terms.

1.7 Marketing and Promotion: Participating in or engaging with our marketing efforts, especially viewing our ads, our presence on app stores, or any other advertising or promotional content demonstrates your consent to these terms.

1.8 Additional Interactions: Any other interaction with Moodu or its associated properties, not specifically delineated above, will also be considered as your acceptance of these terms.

  1. Use of Moodu

1.1 Eligibility: By using Moodu, you affirm that you are at least 18 years old or the legal age in your jurisdiction to enter into this agreement. If you are under the age of 18, you may only use Moodu with the involvement of a parent or guardian.

1.2 License: Subject to your compliance with these Terms, the Company grants you a limited, non-exclusive, non-transferable, and revocable license to use Moodu for your personal and non-commercial use.

  1. Privacy and Data Collection

2.1 Privacy: We take your privacy seriously. Please review our Privacy Policy [link to Privacy Policy] to understand how we collect, use, and protect your personal information.

2.2 Data Collection: By using Moodu, you acknowledge and consent to the collection of data, including but not limited to, emotional data, usage patterns, and interactions, to improve the functionality and effectiveness of the application.

2.3 Regulatory Considerations:

At Moodu, our primary goal is to offer emotional support and self-development tools. With that in mind:

  • Moodu’s Purpose: We are dedicated to enhancing well-being and emotional health, but we are not a medical or therapeutic service. As such, we operate outside the purview of certain medical and data protection regulations.
  • Understanding Regulations: While we strive to provide a safe and respectful environment for all users, please be aware that our platform is not governed by specific regulations such as:
    • The Health Insurance Portability and Accountability Act (HIPAA) in the U.S.
    • The Personal Health Information Protection Act (PHIPA) in Canada.
    • The Data Protection Act and related patient data standards, like NHS Digital standards, in the U.K.
    • The Privacy Act and Australian Digital Health Agency standards in Australia.
    • Other healthcare, privacy, or data protection regulations and standards globally.
  • Your Data: Any information you share or interactions you have with Moodu are not under the protection of the above regulations or their equivalents in other countries. We still value and respect your data, and our operations reflect this commitment.
  • Seeking Professional Services: If you need services compliant with specific regulations or seek specialized medical or therapeutic advice, we encourage you to consult the relevant professionals or platforms.
  1. Use of OpenAI API

3.1 OpenAI AI Technology in Moodu: Moodu utilizes artificial intelligence and machine learning algorithms provided by OpenAI, L.L.C. via their API. We do not guarantee the accuracy, reliability, or completeness of the information provided by the OpenAI AI technology.

3.2 Nature of OpenAI Responses in Moodu: The responses, information, or suggestions generated by the OpenAI technology within Moodu are algorithmic in nature. They do not necessarily reflect the views, opinions, or endorsements of either Moodu or OpenAI, L.L.C.

3.3 User Discretion Regarding OpenAI Outputs in Moodu: Users should exercise discretion and, where appropriate, seek independent judgment or professional advice before acting upon any information provided by the OpenAI technology in Moodu.

3.4 Limitation of Liability for OpenAI Outputs in Moodu: Moodu, its affiliates, and its licensors shall not be liable for any damages, whether direct, indirect, incidental, or consequential, arising from the use, misuse, or reliance on the information provided by the OpenAI technology. Users understand and agree that the OpenAI technology in Moodu is provided “as is” and “as available,” without warranties of any kind, either express or implied.

3.5 Health-Related Disclaimer for OpenAI Technology in Moodu: The OpenAI AI technology integrated into Moodu is not designed or intended to provide medical, psychological, or health-related advice or recommendations. Users are strongly cautioned against using the OpenAI technology for health-related decisions or interpreting its outputs as medical recommendations. Any actions or inactions, risks, losses, or damages resulting from health-related decisions based on the OpenAI technology are the sole responsibility of the user. Both Moodu and OpenAI, L.L.C., along with their affiliates and licensors, explicitly disclaim any liability arising from such situations.

  1. AI Therapy vs. Professional Therapy

4.1 AI THERAPY DISTINCTION: MOODU IS PRIMARILY AN EMOTIONAL SUPPORT AND SELF-DEVELOPMENT TOOL DESIGNED FOR GENERAL WELL-BEING. IT IS NOT, AND SHOULD NEVER BE CONSIDERED OR USED AS, A REPLACEMENT FOR PROFESSIONAL THERAPY, COUNSELING, OR MEDICAL ADVICE. MOODU IS NOT A MEDICAL DEVICE. WE DO NOT CLAIM TO OFFER THERAPEUTIC OR MEDICAL GUIDANCE. YOU AGREE NOT TO RELY ON MOODU IN PLACE OF PROFESSIONAL MEDICAL OR THERAPEUTIC CONSULTATION. ANY ATTEMPT TO DO SO IS AT YOUR OWN RISK.

4.2 Clarity of Terms:

  • AI Therapy: Represents AI-driven interactions drawing from therapeutic techniques. This is not to be mistaken for traditional therapy.
  • AI Therapist & Artificial Intelligence Therapist: Denotes the chatbot’s capacity for therapeutic-inspired interactions, but does not equate to the expertise of a licensed human therapist.
  • Artificial Intelligence Therapy: Refers to interactions influenced by therapeutic practices, devoid of the nuances of professional therapy.
  • Therapy Chatbot, Therapy Chat, and related terms such as Robot Therapist, Therapist AI, AI Mental Health, AI Therapy Chatbot, Mental Health AI, Therapist Bot, AI Therapy App, Therapy Bot, AI Therapy Bot, AI Therapist App, AI Therapist Chatbot, Therapy AI Bot, Therapist Robot: These terms should be understood in the context of a platform influenced by therapeutic practices, rather than a platform offering licensed therapy or having therapeutic credentials.

4.3 User Understanding and Liability Agreement:

By using Moodu, you recognize and understand that while we and others might use terms such as “AI Therapist” or “Therapy Chatbot,” these terminologies are indicative of our platform’s AI-driven nature and its design to provide guidance and emotional support. They are not in any way a representation or claim of professional therapeutic services.

You hereby acknowledge that other users, reviewers, or third parties might refer to Moodu using a variety of terms. Regardless of the terminology, you understand that Moodu is not a replacement for licensed therapy or medical advice. You agree not to hold us liable for any misunderstandings, and you will not assume or promote that Moodu is offering a therapy service.

Always seek advice from licensed professionals for medical or therapeutic needs. Using Moodu indicates your understanding and acceptance of these terms and clarifications.

  1. Limitation of Liability and Indemnification

5.1 Incorrect Information: The Company is not responsible for any incorrect information provided by Moodu. You are responsible for verifying the accuracy and suitability of any advice or information obtained from Moodu.

5.2 INDEMNIFICATION: YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD THE COMPANY HARMLESS FROM ANY CLAIMS, LIABILITIES, DAMAGES, LOSSES, AND EXPENSES ARISING OUT OF YOUR USE OF MOODU, INCLUDING BUT NOT LIMITED TO, YOUR INTERACTIONS WITH THE AI TECHNOLOGY, PRODUCTS OR SERVICES YOU DEVELOP OR OFFER USING MOODU, AND YOUR BREACH OF THESE TERMS OR VIOLATION OF APPLICABLE LAW.

  1. No Class Actions

6.1 Class Action Waiver: By using Moodu, you expressly waive your right to participate in any class action, collective action, or representative action against the Company. This means that you agree to resolve any disputes individually and not as part of a class or group.

6.2 Individual Resolution: Any claims, disputes, or controversies that arise between you and the Company will be resolved on an individual basis through arbitration or in accordance with the dispute resolution provisions outlined in these Terms of Service.

6.3 Benefits of Waiver: Waiving class action participation allows for more efficient and timely resolution of disputes. It also ensures that your individual claims are addressed in a manner that is tailored to your circumstances.

6.4 Arbitration Exclusivity: If any dispute resolution mechanism provided in these Terms is found to be unenforceable or inapplicable, the exclusive method of resolving disputes will be through individual arbitration.

  1. Limitation of Liability Disclaimer

7.1 DISCLAIMER: MOODU IS PROVIDED “AS IS.” EXCEPT TO THE EXTENT PROHIBITED BY LAW, WE AND OUR AFFILIATES AND LICENSORS MAKE NO WARRANTIES (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE) WITH RESPECT TO MOODU, AND WE DISCLAIM ALL WARRANTIES INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, NON-INFRINGEMENT, AND QUIET ENJOYMENT. WE DO NOT WARRANT THAT MOODU WILL BE UNINTERRUPTED, ACCURATE, OR ERROR-FREE, OR THAT ANY CONTENT WILL BE SECURE OR NOT LOST OR ALTERED.

  1. Limitations of Liability

8.1 LIMITATIONS OF LIABILITY: NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA OR OTHER LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

8.2 AGGREGATE LIABILITY: OUR AGGREGATE LIABILITY UNDER THESE TERMS SHALL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID FOR THE SERVICE THAT GAVE RISE TO THE CLAIM DURING THE 12 MONTHS BEFORE THE LIABILITY AROSE OR ONE HUNDRED DOLLARS ($100). THE LIMITATIONS IN THIS SECTION APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

  1. Governing Law and Dispute Resolution

9.1 Governing Law: These Terms of Service are governed by and construed in accordance with the laws of the State of Arizona, without regard to its conflict of law principles.

9.2 Dispute Resolution: Any claims or disputes arising from or related to Moodu shall be subject to binding arbitration in Arizona, in accordance with the rules of the Arizona Arbitration Association.

  1. User Conduct

11.1 Responsible Use: Users are expected to engage with Moodu in a responsible and respectful manner. This includes refraining from using the application in a way that violates local, national, or international laws and regulations. Any harmful, abusive, offensive, or harassing behavior towards other users or the Company is strictly prohibited. Users are expected to maintain a positive and supportive environment within the application.

  1. Intellectual Property

12.1 Ownership: All content, including text, graphics, logos, and images, available on Moodu, is the exclusive property of the Company or its licensors. This content is protected by copyright and other intellectual property laws. Users are prohibited from reproducing, distributing, or using any content from Moodu without obtaining prior written permission from the Company.

12.2 User Content: Users may have the opportunity to submit content to Moodu, such as reviews, feedback, or interactions. By submitting content, users grant the Company a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, and distribute the content solely for the purpose of operating and improving Moodu. Users retain ownership of their submitted content.

  1. Modifications and Updates

13.1 Changes to Moodu: The Company reserves the right to modify, update, or discontinue Moodu at any time without prior notice. While we strive to provide a consistent and reliable service, users acknowledge that access to Moodu may be subject to occasional interruptions or changes.

  1. Termination

14.1 Termination: The Company reserves the right to terminate or suspend a user’s access to Moodu at its sole discretion, with or without cause, and without any obligation to provide prior notice. Such actions may be taken to ensure the safety of other users, the integrity of the application, or to comply with legal requirements.

  1. Third-Party Links and Services

15.1 External Links: Moodu may contain links to third-party websites, services, or content. These links are provided for user convenience, but the Company does not endorse or assume responsibility for the content, privacy practices, or security of these external links. Users access these links at their own risk.

16. Severability

16.1 Severability with Replacement: If any provision of these Terms of Service is found to be invalid, unenforceable, or in conflict with applicable laws, the invalid or unenforceable provision shall be deemed to be replaced with a valid and enforceable provision that most closely matches the intent of the original provision. The remainder of the Terms shall continue to be in full force and effect.

16.2 Basic Severability: In the event that a provision cannot be replaced in accordance with section 16.1 or for any other reason, that specific provision shall be deemed severed from these Terms of Service. The remainder of the Terms shall continue to be in full force and effect, with the goal of preserving the overall intent of this agreement.

  1. Waiver

17.1 Waiver of Rights: The failure of the Company to enforce any rights or provisions of these Terms shall not be deemed a waiver of such rights or provisions. Any waiver must be in writing and signed by an authorized representative of the Company.

  1. Assignment

18.1 Assignment: Users are not permitted to assign or transfer their rights, obligations, or access to Moodu to any third party without obtaining prior written consent from the Company. The Company retains the right to assign or transfer its rights and obligations under these Terms.

  1. Entire Agreement

19.1 Entire Agreement: These Terms of Service constitute the entire agreement between the user and the Company regarding the use of Moodu. These terms supersede any prior agreements, representations, or understandings, whether oral or written.

  1. Not FDA Approved

20.1 Not FDA Approved: Users acknowledge and understand that Moodu is not approved by the U.S. Food and Drug Administration (FDA). The application is not intended to diagnose, treat, cure, or prevent any medical condition. Users should not consider Moodu as a substitute for medical diagnosis, professional therapy, or medical treatment.

  1. Limitation of Medical Liability

21.1 No Medical Diagnosis: Users understand and agree that Moodu is not designed to provide medical diagnoses or medical advice. The Company does not assume responsibility for any medical conditions, treatments, or decisions based on information obtained from Moodu. Users should always consult a qualified healthcare professional for medical advice.

  1. User Responsibilities

22.1 Accurate Information: Users are responsible for providing accurate and truthful information when using Moodu. The Company is not liable for any consequences arising from the submission of inaccurate or misleading information.

  1. Appropriate Use

23.1 Ethical Usage: Users agree to use Moodu in an ethical and lawful manner. This includes refraining from any activities that could harm the application, other users, or the Company’s reputation. Any attempt to breach security, compromise data, or interfere with the operation of Moodu is strictly prohibited.

  1. User Support

24.1 Support Channels: The Company may provide user support through designated communication channels. Users are encouraged to seek assistance for technical issues or questions related to the application’s functionality. While the Company aims to provide accurate and helpful information, it does not guarantee immediate solutions or results.

  1. Disclaimer of Endorsement

25.1 No Endorsement: Moodu may display or provide information about third-party products, services, or websites. The Company does not endorse, warrant, or guarantee the quality, accuracy, safety, or suitability of such third-party offerings. Users are solely responsible for evaluating and deciding whether to engage with any third-party content.

  1. Future Enhancements

26.1 Application Enhancements: The Company may introduce new features, updates, or enhancements to Moodu in the future. Users acknowledge that such changes may impact the user experience and functionality of the application.

  1. Consent to Communication

27.1 Communication Channels: By using Moodu, users consent to receiving communication from the Company through the application, email, or other means. These communications may include updates, notifications, promotional content, or important announcements.

  1. Survival

28.1 Survival of Terms: Even if a user’s access to Moodu is terminated, certain clauses within these Terms of Service will continue to apply, including but not limited to clauses related to intellectual property, indemnification, limitations of liability, and dispute resolution.

  1. Interpretation

29.1 Construction of Terms: These Terms of Service are written in English and may be translated into other languages for convenience. In the event of any inconsistencies or disputes arising from translation, the English version of these terms shall prevail.

  1. User Feedback

31.1 Feedback Submission: The Company welcomes user feedback and suggestions regarding Moodu’s functionality and features. By submitting feedback, users grant the Company the right to use and incorporate such feedback into the application without any obligation to compensate or credit the user.

  1. User Reviews and Ratings

32.1 User Reviews: Users may have the opportunity to submit reviews and ratings for Moodu. The Company reserves the right to moderate and remove any reviews that are deemed inappropriate, fraudulent, or in violation of these Terms of Service.

32.2 Representation in Reviews: Any reviews referring to Moodu as “therapy” or “therapeutic” or any similar terminology that implies clinical or medical intervention may be removed at the Company’s discretion. Such references are not an accurate depiction of the services provided by Moodu and are not aligned with how the Company represents itself. It is essential for users to understand and acknowledge that Moodu is not a substitute for professional therapeutic or medical advice, diagnosis, or treatment.

  1. Security and Authentication

33.1 User Credentials: Users are responsible for maintaining the confidentiality of their login credentials and ensuring the security of their accounts. The Company is not responsible for any unauthorized access to or use of user accounts.

  1. No Guarantee of Results

34.1 Results Not Guaranteed: Users understand and acknowledge that the effectiveness of Moodu’s advice and support may vary. The Company does not guarantee any specific outcomes or results from using the application.

  1. No Partnership or Agency

35.1 No Agency Relationship: These Terms of Service do not establish any partnership, joint venture, employment, or agency relationship between the user and the Company.

  1. Force Majeure

36.1 Force Majeure: The Company is not liable for any failure to perform its obligations under these Terms due to circumstances beyond its control, including but not limited to acts of nature, acts of terrorism, or technological failures.

  1. Electronic Communications

37.1 Consent to Electronic Communication: By using Moodu, users expressly consent to receive communications from the Company electronically. Such electronic communications may include but are not limited to email, text messages, in-app notifications, and other electronic messages. These communications may pertain to notices, updates, billing, promotions, and other information related to the application.

38. Subscriptions and In-App Purchases

38.1 Subscriptions: Moodu may offer subscription plans that provide access to additional features, content, or messaging capabilities beyond the basic free version of the application. Subscription details, including pricing, billing intervals, and the duration of subscriptions, will be provided within the application.

38.2 In-App Purchases: In addition to subscriptions, Moodu may offer in-app purchases, such as premium content or virtual items. The availability and pricing of in-app purchases will be clearly communicated within the application.

38.3 Payment and Billing: By subscribing to a paid plan or making in-app purchases through the app stores or the web app, you agree to pay the associated fees and charges. Payment will be processed through the designated payment system, including app stores (e.g., Apple App Store, Google Play Store) or the web app’s payment processing system. Please review the payment and billing terms provided by the respective app store or platform for app store payments or by the web app for web app payments, for additional information.

38.4 Free Version: Moodu offers a limited free version that provides access to a basic level of emotional support and features. The free version may have usage restrictions or limitations, and users may be prompted to upgrade to a paid plan for extended usage.

38.5 Cancellation: Users can manage and cancel their subscriptions or in-app purchases through the app stores or the web app, depending on where they made the purchase. Please refer to the specific app store’s policies and procedures for subscription management and cancellation or the web app’s cancellation process.

39. Subscription Cancellations and Refunds

39.1 Subscription Cancelation: Users are free to modify their subscriptions to Moodu at any time. However, to avoid being charged for the next billing cycle, cancellations must be made at least 24 hours before the end of the current subscription period. To cancel your subscription, simply downgrade to the free plan. This will ensure that you are not charged in subsequent billing cycles.

39.2 Subscription Refunds: Once a subscription is billed, no refunds will be available for that period, and subscription charges are non-refundable.

39.3 In-App Purchases: All in-app purchases are final and non-refundable.

39.4 Cancellation Reminder: If you decide not to use Moodu’s premium features anymore, please remember to downgrade to the free plan to avoid future charges.

40. Message Credits and Usage

40.1 Definition: A message credit is consumed both when a message is sent and when a message is received within the App. For example, if you send a message to the App and receive a reply, a total of two message credits will be deducted from your allocated credits.

40.2 Monthly and Free Plan Allocations: Users subscribed to our monthly and free plans receive a specified number of message credits each month. Once these message credits are used up, users won’t be able to send or receive additional messages until the beginning of the following monthly cycle when a fresh set of message credits are allocated. Alternatively, they can choose to upgrade their plan to continue messaging.

40.3 No Rollover: Any unused message credits from monthly allocations do not roll over to the next month. Instead, the message credit count is reset at the beginning of each billing cycle. However, message credits that users purchase as one-time in-app transactions remain available until they are used. If users on a paid plan exhaust their monthly message credits, these purchased credits will automatically be utilized.

40.4 Misuse and Malfunctions: Moodu reserves the right to review and correct any misuse of message credits or discrepancies and malfunctions related to credit allocations as we deem necessary.

41. User Generated Content (UGC)

41.1 Responsible UGC: As Moodu allows users to post content, we have established specific provisions regarding UGC to maintain a positive and respectful environment within our platform. These provisions include guidelines for content submission, moderation policies, and user responsibilities.

41.2 Mindful Language: We kindly request our users to use mindful language and refrain from using terms such as “therapy,” “AI therapy,” “AI therapist,” etc., when referring to Moodu. It’s important to note that Moodu is designed as an emotional health and wellness tool, not a therapy service. Any user-generated content that misrepresents Moodu as therapy is prohibited. If you have concerns about content that misrepresents Moodu, please submit your concerns to support@moodi.ai.

41.3 User Content Sharing: We greatly appreciate it when users share content related to Moodu and engage with our platform. You can find us on Instagram @moodu.ai, where we love to connect with our community and share updates.

42. Contact Information

42.1 Questions and Concerns: If you have any questions or concerns about these Terms of Service or the use of Moodu, please contact us at support@moodu.ai.

By using Moodu by Healthy Minds LLC, you acknowledge and agree to these updated Terms of Service. We may revise these terms from time to time, and any changes will be effective upon posting.

Last Updated: 10/25/23