Moodi Widget

1. Acceptance of Terms

These Terms of Use ("Terms") constitute a legally binding agreement between you ("User" or "you") and Moodi Widget ("Moodi," "we," "us," or "our"), governing your access to and use of the Moodi Widget mobile application and all related services (collectively, the "Service").

These Terms incorporate by reference our Privacy Policy, which is an integral part of this agreement. Additional terms may apply to specific features or promotions and will be disclosed to you before you use those features.

2. Eligibility and Age Requirements

You must meet the following eligibility requirements to use the Service:

• You must be at least 13 years of age if you are located in the United States.
• You must be at least 16 years of age if you are located in the European Economic Area (EEA) or the United Kingdom, unless the applicable law in your country requires a higher minimum age, in which case that higher age applies.
• You must have the legal capacity to enter into a binding contract in your jurisdiction.
• You must not be barred from receiving services under applicable law (including, without limitation, export control laws or sanctions programs).

By using the Service, you represent and warrant that you meet all of the foregoing eligibility requirements. The Service is not intended for individuals under the age of 13. If we learn that a user is under 13, we will immediately terminate their account and delete their data in accordance with our Privacy Policy and applicable law, including the Children's Online Privacy Protection Act (COPPA), 15 U.S.C. § 6501 et seq.

3. Account Registration and Security

3.1 Account Creation

To use the Service, you must register an account by providing your phone number for SMS verification and choosing a display name. You agree that all information you provide during registration is accurate, current, and complete.

3.2 Phone Number Verification

Account registration requires verification of a valid phone number via SMS one-time password (OTP), provided through Google Firebase Authentication. You must own or have authorized access to the phone number you register. You agree not to register a phone number that you do not own or are not authorized to use.

3.3 Account Security

You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately at info@nocap.bio if you suspect any unauthorized use of your account or any other security breach.

3.4 One Account per Person

Each person may maintain only one active account. Creating multiple accounts — whether to circumvent restrictions, evade account terminations, or for any other purpose — is prohibited and may result in suspension or termination of all associated accounts.

3.5 No Impersonation

You may not impersonate any person or entity, including but not limited to other users, or misrepresent your affiliation with any person or entity.

4. Your Content

4.1 Ownership

You retain all ownership rights in any content you submit through the Service, including your display name and mood selections ("Your Content"). We do not claim ownership of Your Content.

4.2 License Grant to Moodi

By submitting content through the Service, you grant Moodi a limited, non-exclusive, royalty-free, worldwide license to store, transmit, display, and distribute Your Content solely as necessary to operate, provide, maintain, and improve the Service. This license:

• Does not permit us to use Your Content for advertising or promotional purposes.
• Does not permit us to distribute Your Content to third parties for commercial gain.
• Terminates when you delete your account, subject to technical limitations (e.g., cached content in group members' widgets will clear upon the next scheduled refresh).

4.3 Your Representations

You represent and warrant that: (a) you have all necessary rights to submit Your Content and grant the license above; and (b) Your Content does not and will not violate any applicable law or infringe any third-party rights, including intellectual property rights, privacy rights, or rights of publicity.

5. Prohibited Conduct

You agree not to use the Service to:

1. Violate any applicable federal, state, local, or international law or regulation;
2. Use the Service if you do not meet the eligibility requirements in Section 2;
3. Impersonate any person or entity or misrepresent your affiliation;
4. Harass, bully, threaten, stalk, intimidate, or harm any other user;
5. Collect or store personal data about other users without their express consent;
6. Attempt to gain unauthorized access to any portion of the Service, any other user's account, or any systems or networks connected to the Service;
7. Use automated tools, bots, scrapers, spiders, or other automated means to access, interact with, or extract data from the Service;
8. Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the App or any component thereof;
9. Transmit any viruses, worms, Trojan horses, ransomware, malware, or any other malicious or technologically harmful code or content;
10. Interfere with or disrupt the integrity, performance, or availability of the Service or the data contained therein;
11. Send unsolicited commercial messages ("spam") or engage in any form of phishing through the Service;
12. Use the Service to engage in any activity that violates the privacy rights of others, including sending unsolicited invitations en masse;
13. Reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service without our express written consent;
14. Create accounts in an automated manner or obtain accounts through fraudulent means;
15. Circumvent, disable, or otherwise interfere with security-related features of the Service.

Violation of this Section may result in immediate account suspension or termination without notice, and may be reported to appropriate law enforcement authorities.

6. In-App Purchases and Subscriptions

6.1 Subscription Plans

Moodi Widget offers optional premium subscription plans ("Moodi Pro") that unlock additional features. Current plans available within the App include:

• Weekly subscription (auto-renewing)
• Yearly subscription (auto-renewing)
• Lifetime access (one-time purchase)

Current prices and the features included in each plan are displayed within the App at the point of purchase. Prices are denominated in your local currency as determined by the Apple App Store and may vary by region. All purchases are processed exclusively through the Apple App Store.

6.2 Auto-Renewal Disclosure

6.3 Free Trial

If a free trial period is offered, any unused portion of a free trial will be forfeited when you purchase a subscription to that plan. Only one free trial per Apple ID is permitted per subscription product.

6.4 Price Changes

We reserve the right to change subscription prices at any time. For active subscriptions, Apple will notify you of any price increase, and the new price will not take effect until your next billing cycle and only if you affirmatively consent (or as otherwise required by Apple's policies and applicable law). If you do not consent to the price change, your subscription will be canceled at the end of the current period.

6.5 Refunds

All purchases are final. Because all transactions are processed by Apple, we have no ability to issue refunds directly. To request a refund for an App Store purchase, visit reportaproblem.apple.com. Refunds are subject to Apple's refund policy.

6.6 Lifetime Purchase

The lifetime purchase provides access to Moodi Pro features for the lifetime of the Service as operated by the current developer. In the event the Service is discontinued or undergoes a change in ownership, no refund will be issued for lifetime purchases; Apple's standard refund policy applies to any such circumstance. We will provide reasonable advance notice (no less than 30 days) of any discontinuation of the Service.

6.7 Apple App Store Terms

Your purchase and use of in-app purchases are also governed by Apple's App Store Terms and Conditions. In the event of any conflict between these Terms and Apple's terms regarding in-app purchases, Apple's terms will govern.

7. Intellectual Property

The Service and all content, features, and functionality thereof — excluding Your Content — including but not limited to the software, user interface, text, graphics, logos, icons, button icons, images, audio clips, and data compilations (collectively, "Moodi Content") are owned by or licensed to Moodi and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the App on your personal iOS device solely for your personal, non-commercial use. Except as expressly set forth in these Terms, you may not:

• Reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any Moodi Content;
• Use any robot, scraper, or other automated means to access or extract Moodi Content;
• Delete or alter any copyright, trademark, or other proprietary rights notices from Moodi Content;
• Use Moodi Content for any commercial purpose or for any public display, commercial or non-commercial, without our express written consent.

8. Copyright Policy and DMCA

8.1 Respect for Intellectual Property

We respect intellectual property rights and expect our users to do the same. We will respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512, and other applicable intellectual property laws.

8.2 DMCA Designated Agent

Our designated agent for receipt of notices of alleged copyright infringement is:

8.3 Requirements for a Valid DMCA Notice

To be valid under 17 U.S.C. § 512(c)(3), your DMCA takedown notice must include:

1. A physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
2. Identification of the copyrighted work claimed to have been infringed;
3. Identification of the material claimed to be infringing, with sufficient detail for us to locate it within the Service;
4. Your contact information (address, telephone number, and email address);
5. A statement that you have a good-faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
6. A statement made under penalty of perjury that the information in the notice is accurate, and that you are authorized to act on behalf of the copyright owner.

8.4 Counter-Notification

If you believe that material you submitted was removed in error, you may submit a counter-notification to our DMCA agent meeting the requirements of 17 U.S.C. § 512(g)(3). Upon receipt of a valid counter-notification, we will restore the material in accordance with the DMCA unless the original complainant seeks a court order.

8.5 Repeat Infringer Policy

In accordance with the DMCA and other applicable law, we have a policy of terminating accounts of users who repeatedly infringe intellectual property rights in appropriate circumstances and at our sole discretion.

9. Disclaimer of Warranties

Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you.

10. Limitation of Liability

Some jurisdictions — including certain U.S. states, the European Union, and other countries — do not allow the exclusion or limitation of certain types of damages. In those jurisdictions, Moodi's liability will be limited to the fullest extent permitted by applicable law. Nothing in these Terms limits liability that cannot be excluded by applicable law, including liability for fraud, gross negligence, willful misconduct, or death or personal injury caused by negligence.

11. Indemnification

To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Moodi and its officers, directors, employees, contractors, agents, licensors, and successors from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable attorneys' fees) arising out of or relating to:

• Your access to or use of the Service;
• Your Content;
• Your violation of these Terms;
• Your violation of any law or the rights of a third party, including intellectual property rights, privacy rights, or rights of publicity;
• Any claim that Your Content caused damage to a third party.

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you agree to cooperate with our defense of such claim. You agree not to settle any such matter without our prior written consent.

12. Arbitration Agreement and Class Action Waiver

12.1 Agreement to Arbitrate

You and Moodi agree that any dispute, claim, or controversy of any kind arising out of or relating to these Terms, the Privacy Policy, or the Service — including the breach, termination, enforcement, interpretation, or validity of these Terms — will be resolved by binding individual arbitration, rather than in court, except as specifically set forth in Section 12.4 below.

This Agreement to Arbitrate is intended to be broadly interpreted and will survive termination of these Terms.

12.2 Arbitration Rules and Procedure

Arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules (available at www.adr.org), as modified by these Terms. The Federal Arbitration Act (9 U.S.C. §§ 1–16) governs the interpretation and enforcement of this arbitration provision.

The arbitration will be conducted in English. For disputes involving less than $10,000, the arbitration may be conducted via telephone, video conference, or written submissions, at your option. For disputes involving $10,000 or more, the right to a hearing will be determined by the AAA rules. The arbitrator's award will be binding and may be entered as a judgment in any court of competent jurisdiction.

You and Moodi agree that the arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement, including any claim that all or part of the Arbitration Agreement is void or voidable.

12.3 Class Action Waiver

12.4 Exceptions to Arbitration

Notwithstanding the foregoing agreement to arbitrate, either party may:

• Bring an individual claim in a small claims court in the county where you reside, provided the claim qualifies and remains in small claims court;
• Seek emergency injunctive or other equitable relief from a court of competent jurisdiction to prevent imminent irreparable harm, pending resolution by arbitration.

12.5 Right to Opt Out

You have the right to opt out of this Arbitration Agreement by sending written notice of your decision to opt out to info@nocap.bio within 30 days of the date you first accept these Terms. Your opt-out notice must include your name, the phone number associated with your Moodi account, and a clear statement that you are opting out of the Arbitration Agreement. If you opt out, all other provisions of these Terms will continue to apply, and you and Moodi will resolve disputes in court as set forth in Section 13. Opting out of arbitration will not affect the validity of your account or access to the Service.

12.6 Costs of Arbitration

Filing fees and other arbitration costs will be allocated in accordance with the AAA Consumer Arbitration Rules. For claims of $75,000 or less, we will pay all AAA filing, administration, and arbitrator fees unless the arbitrator determines your claim is frivolous. Each party will bear their own attorneys' fees unless applicable law or the arbitrator's award provides otherwise.

13. Governing Law and Jurisdiction

These Terms, and any dispute arising out of or related to these Terms or the Service, will be governed by and construed in accordance with the laws of the State of California, United States, without giving effect to any choice or conflict of law provision or rule.

For any disputes not subject to arbitration under Section 12 (including claims brought in small claims court and applications for emergency injunctive relief), you and Moodi consent to the exclusive personal jurisdiction of and venue in the state and federal courts located in Los Angeles County, California. You waive any objection to such jurisdiction and venue on grounds of inconvenience or otherwise.

Note for EEA/UK Users: Nothing in these Terms prevents you from bringing proceedings in the courts of your country of residence if mandatory consumer protection laws in your country so require. Statutory rights you have under the laws of your country that cannot be excluded or restricted by contract are not affected by these Terms.

14. Term and Termination

14.1 Term

These Terms take effect when you first accept them (as described in Section 1) and remain in effect until terminated by either you or Moodi.

14.2 Termination by You

You may terminate these Terms at any time by ceasing all use of the Service, deleting the App from your device, and contacting us at info@nocap.bio to request deletion of your account. Account deletion does not entitle you to a refund of any subscription fees already paid.

14.3 Termination or Suspension by Moodi

We reserve the right to suspend or permanently terminate your access to the Service, with or without notice and at our sole discretion, if:

• We believe you have violated or may violate these Terms;
• We are required to do so by law, court order, or regulation;
• Providing the Service to you creates legal risk or harm to Moodi or other users;
• Your account has been inactive for an extended period (we will provide reasonable advance notice before deleting inactive accounts).

We will make reasonable efforts to notify you of account suspension or termination unless doing so would violate applicable law, a court order, or compromise the security of the Service or other users.

14.4 Effect of Termination

Upon termination: (a) your right to access and use the Service will immediately cease; (b) you will lose access to any content associated with your account; (c) active subscription entitlements will remain valid until the end of the paid subscription period (we do not issue refunds upon termination for cause); and (d) all provisions of these Terms that by their nature should survive termination will survive, including Sections 4.1, 7, 8, 9, 10, 11, 12, 13, and 14.4.

14.5 Data Upon Deletion

Upon account deletion, your personal data will be handled in accordance with our Privacy Policy, Section 5 (Data Retention).

15. Changes to These Terms

We reserve the right to modify these Terms at any time. We will provide advance notice of material changes by: (a) posting the updated Terms within the App or on this page; and (b) where practicable, sending an in-app notification at least 14 days before the new Terms take effect.

The "Last Updated" date at the top of this page reflects the date of the most recent revision. Your continued use of the Service after the effective date of any changes constitutes your acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the Service before the effective date of the changes and may request account deletion.

16. General Provisions

16.1 Entire Agreement

These Terms, together with our Privacy Policy and any additional terms disclosed to you for specific features or promotions, constitute the entire agreement between you and Moodi with respect to the Service and supersede all prior and contemporaneous agreements, representations, warranties, and understandings.

16.2 Severability

If any provision of these Terms is held by a court or arbitrator to be invalid, illegal, or unenforceable for any reason, that provision will be modified to the minimum extent necessary to make it enforceable, or if modification is not possible, severed from these Terms. The modification or severance of any provision will not affect the validity and enforceability of any remaining provisions.

16.3 No Waiver

No failure or delay by Moodi in exercising any right, power, or remedy under these Terms will operate as a waiver of that right, power, or remedy. No single or partial exercise of any right, power, or remedy will preclude any other or further exercise thereof.

16.4 Assignment

You may not assign, transfer, or sublicense any of your rights or obligations under these Terms without our prior written consent. Any purported assignment in violation of this section is void. We may assign these Terms freely, including in connection with a merger, acquisition, reorganization, or sale of all or substantially all of our assets, with reasonable notice to you.

16.5 Force Majeure

We will not be liable for any failure or delay in the performance of our obligations under these Terms due to causes beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemic, epidemic, war, terrorism, civil unrest, governmental action, labor disputes, internet or communications infrastructure failures, or third-party service provider outages.

16.6 Relationship of the Parties

These Terms do not create any partnership, joint venture, employment, franchise, or agency relationship between you and Moodi. You have no authority to bind Moodi or to incur any obligation on Moodi's behalf.

16.7 Electronic Communications

By using the Service, you consent to receiving electronic communications from us (such as in-app notifications, push notifications, or emails). You agree that any notices, agreements, disclosures, or other communications that we send to you electronically satisfy any legal requirement that such communications be in writing.

16.8 Export Compliance

The Service may be subject to U.S. export control laws and regulations. You represent that you are not located in a country subject to a U.S. government embargo, and that you are not listed on any U.S. government list of prohibited or restricted parties.

17. Contact Us

If you have any questions, concerns, or feedback regarding these Terms, please contact us: