Terms of Service

1. Acceptance of Terms

By accessing and using Moodwise, you agree to be bound by these Terms of Service and all applicable laws and regulations. If you do not agree with any of these terms, you are prohibited from using or accessing this service.

2. Service Description

Moodwise provides an AI-powered emotional companion service that offers support and guidance. Our service is not a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition.

3. Age Restriction

You must be at least 18 years old to use Moodwise. If you are under 18, you may only use the service with the consent and supervision of a parent or legal guardian. By using our service, you represent and warrant that you are at least 18 years old or have obtained parental consent.

4. User Responsibilities

As a user of Moodwise, you agree to:

• Provide accurate and complete information when creating your account
• Maintain the security of your account credentials
• Use the service in compliance with all applicable laws
• Not use the service for any illegal or unauthorized purpose
• Not attempt to interfere with or disrupt the service

5. Data Handling and Control

By using our service, you acknowledge and agree that:

• Your conversations are encrypted using AES-256-GCM encryption
• You have full control over your data and can delete it at any time
• Usage statistics are only collected when you opt in
• We do not share your personal data with third parties without your consent

6. Subscription and Payments

Our service offers both free and paid subscription plans. By subscribing to a paid plan, you agree to:

• Pay all fees associated with your subscription
• Provide accurate payment information
• Authorize us to charge your payment method for the subscription fees
• Understand that subscription fees are non-refundable except as required by law

7. Intellectual Property

All content, features, and functionality of the Moodwise service, including but not limited to text, graphics, logos, and software, are owned by Moodwise and are protected by international copyright, trademark, and other intellectual property laws.

8. Limitation of Liability

Moodwise shall not be liable for any indirect, incidental, special, consequential, or punitive damages resulting from your use of or inability to use the service. Our AI companion is not a licensed mental health professional, and we make no representations or warranties about the accuracy or completeness of the information provided through our service.

9. Indemnification

You agree to indemnify, defend, and hold harmless Moodwise, its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) that such parties may incur as a result of or arising from your violation of these Terms of Service, your use of the service, or your violation of any rights of another person or entity.

10. Force Majeure

Moodwise shall not be liable for any failure to perform its obligations under these Terms of Service where such failure is a result of acts of nature, government actions, war, civil disturbance, or other causes beyond our reasonable control. This includes, but is not limited to, service interruptions caused by third-party service providers, network failures, or other technical issues.

11. AI Service Limitations

You acknowledge and agree that:

• The AI companion is not a licensed companion or medical professional
• Responses are generated by AI and may not always be accurate or appropriate
• You should not rely solely on the AI companion for medical or mental health advice
• We are not responsible for any decisions you make based on the AI's responses

12. Termination

We reserve the right to terminate or suspend your account and access to the service at our sole discretion, without notice, for conduct that we believe violates these Terms of Service or is harmful to other users, us, or third parties, or for any other reason.

13. Changes to Terms

We reserve the right to modify these Terms of Service at any time. We will notify you of any changes by posting the new Terms of Service on this page and updating the "Last updated" date. Your continued use of the service after any such changes constitutes your acceptance of the new Terms of Service.

14. Severability

If any provision of these Terms of Service is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Service will otherwise remain in full force and effect and enforceable.

15. Entire Agreement

These Terms of Service constitute the entire agreement between you and Moodwise regarding the service and supersede all prior agreements and understandings, whether written or oral, regarding the service.

16. Governing Law and Dispute Resolution

These Terms of Service shall be governed by and construed in accordance with the laws of The Netherlands, without regard to its conflict of law provisions. Any dispute arising from or relating to these Terms of Service or your use of the service shall be subject to the exclusive jurisdiction of the courts of The Netherlands. You agree to submit to the personal jurisdiction of such courts for the resolution of any such disputes.

17. Contact Information

If you have any questions about these Terms of Service, please contact us at:

Moodwise (TLN Development)
CoC: 97193305
VAT: NL005257749B36
Poelsstraat 14
6931 DX Westervoort
The Netherlands
Email: info@moodwise.ai