Terms of Use


We have an ethical data policy and don’t sell data to 3rd parties EVER!


Introduction

1.1 MOODY is brought to you by We Are Moody Limited (“MOODY”, “our”, “we” or “us”). Please read these Terms of Use carefully as they set out the basis on which you are allowed to use the MOODY website www.moodymonth.com and mobile app (individually and together the "MOODY Platform") and the services offered by us, as described below (the "Services").

1.2 By clicking “I agree” to the Terms of Use when using the MOODY Platform or Services and/or continuing to use any part of the MOODY Platform or Services, you confirm your acceptance of these Terms of Use (which also includes our Privacy Statement and any other terms that we may make available from time to time). If you have any questions about these Terms of Use, or do not accept them, please contact us at [email protected] before using the MOODY Platform or Services.

1.3 The MOODY Platform and Services are not directed at any person in any jurisdiction where the publication or availability of them are prohibited.  You must not access the MOODY Platform or Services from any such jurisdiction.  You are responsible for all compliance with local laws and regulations which apply to you.

1.4 We Are Moody Limited is a company registered in England and Wales with company registration number 10047636. Our registered office is at 24 Greville street, London EC1N 8SS. You can contact us by emailing us at [email protected].


2. Definitions

MOODY Profile” means your account on the MOODY Platform.

“Questionnaire means the questionnaire on the MOODY Platform.

Services” means the MOODY services, which are described in section 4.

Tribe” means one of the five MOODY tribes: Hive, Pride, Pod, Flock or Charm.


3. About MOODY

3.1 The MOODY Platform aims to help individuals understand their moods, cycles and hormones. It allows users to create personalised MOODY profiles, by filling out a Questionnaire on your physical, emotional and digestive health and in the context of your cycle.

3.2 Once you have completed the Questionnaire, the MOODY Platform will suggest that you are placed in a particular Tribe.

3.3 The MOODY Platform will contain customised wellbeing information for each Tribe, aiming to help you to balance moods and cycle symptoms. It will also provide information on suggested supplements and vitamins that may help to support your wellbeing.


4. MOODY Platform and Services

4.1 The MOODY Platform provides the following Services which allow you to:

  1. complete the Questionnaire and find your Tribe;
  2. once you have completed the Questionnaire, create a MOODY Profile; (see section 5  (Moody Profile));
  3. have access to wellbeing information relating to your Tribe on the MOODY Platform, and information about supplements that may support the needs of your Tribe (see section 7 (Wellness information));
  4. where you have opted-in to receive email communications from us, be sent MOODY newsletters and affirmation memos via email and within the MOODY Platform;
  5. from time to time, participate in virtual ‘drop in clinics’, where you can interact with wellness advisors (for example, gynaecologists, nutritionists and endocrinologists) via a chat function on the MOODY Platform (see section 8 (Virtual drop in clinics)); and
  6. purchase MOODY products when available (see section 9 (MOODY products)).

4.2 You must be aged 16 years or over to use the Platform and the Services.

4.3 Sometimes the MOODY Platform may request additional permissions related to the settings on your device, such as accessing your location or enabling push notifications to enable certain features. If you decide not to give us such permissions, this may result in you not having access to certain features of the MOODY Platform.

4.4 We may, from time to time, extend or amend the functionality of the MOODY Platform and the Services, and offer additional service functionality or other services to you. These additional functions may include any software maintenance, amendments and/or upgrades to existing features. These Terms of Use will apply to any additional services, unless we provide you with specific terms and conditions when we make the other service functionality available to you.


5. MOODY Profile

5.1 You will be given the option to open a MOODY Profile once you have completed the Questionnaire. You can create a MOODY Profile by providing us with your name and email address, and selecting a username.

5.2 You can update your MOODY Profile by providing information on your health, wellbeing and moods. You can also view your answers to the Questionnaire in your MOODY Profile, and edit them later if you wish. If you edit your answers, this may change the Tribe that the MOODY Platform allocates to you.  

5.3 If you complete the Questionnaire but do not open a MOODY Profile, then we will not be able to store your answers to the Questionnaire or your suggested Tribe for future reference. However, you can complete the Questionnaire again at a later time if you would like to, and create a MOODY Profile at that point.  


6. Your personal data

6.1 In order to provide the MOODY Platform and Services, we must collect, process and store certain data, including your personal data. This may include data relating to your health and wellbeing.  

6.2 We are committed to protecting and respecting your privacy. The collection, processing and storage of your data shall be carried out in accordance with and governed by these Terms of Use and our Privacy Statement. Please see the Privacy Statement for more information about the data we collect and how we use it.


7. Wellness information

7.1 The MOODY Platform aims to provide helpful information to individuals in relation to their wellbeing. This includes information relating to nutrition, fitness, moods, dietary supplements and general wellness. The dietary supplements may be produced by MOODY, or produced and made available by third parties on that third party’s website.

7.2 We aim to tailor this information in relation to each Tribe, to help individuals find information that we feel may be relevant to them. However, the information provided on the MOODY Platform and Services, including via the virtual drop in clinics, does not constitute health or medical advice, and is not tailored to you or any particular individual.

7.3 You acknowledge and agree that all information and materials provided via the MOODY Platform and Services, including in relation to nutrition, fitness, moods, dietary supplements and wellness, whether provided by MOODY or third parties, is provided for general information purposes only. Any advice or information provided via the MOODY Platform or Services should not be relied upon as being correct or appropriate for you.

7.4 Although we sometimes consult with third party professionals (such as gynaecologists, nutritionists and endocrinologists) when curating the content on the MOODY Platform and Services, this content has not been evaluated by medical professionals or medical bodies, and is not intended to diagnose, treat, cure or prevent any illness, condition or other physical or mental health issue. It is not intended to be, and should not be used in the place of, the advice of medical professionals or any information provided on any product packaging or label. For advice on medical, health and wellbeing issues you should always consult your doctor or other qualified health care professional.

7.5 You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the information or content made available via the MOODY Platform or Services, including the virtual drop in clinic.


8. Virtual drop in clinics

8.1 From time to time, we may make available the chance for you to interact with third party wellness advisors (for example, gynaecologists, nutritionists and endocrinologists). When available, the virtual drop in clinics will allow you to ask questions via a chat function on the MOODY Platform.


9. MOODY products

9.1 From time to time, we may offer MOODY products for purchase via the MOODY Platform. This may include supplements, vitamins, period products, and MOODY merchandise. Separate purchase terms shall apply to your purchase of any such products. We will make these purchase terms available to you before you place your order.


10. Third party products and links

10.1 The MOODY Platform may provide links to third party websites, for example, when referring to a supplement, product or information that we feel may be of interest to your Tribe, or in general.

10.2 If you purchase any products or services via a link to a third party website, the terms and conditions and privacy policy of that website shall apply to such purchase. We may carry out certain verification checks on third party suppliers, but cannot guarantee any specific supplier's information, accreditation, or registration.  We make no warranty regarding any goods or services purchased or obtained from third parties as a result of using the Services, and you should in all cases make your own enquiries.  In particular, it is your responsibility to satisfy yourself that a third party supplier is solvent and has appropriately qualified and certified personnel where appropriate.

10.3 We will not be a party to any contract made between you and any third party supplier and therefore we shall not be liable for any loss or damage that results from any dealings between you and any such third party supplier, including but not limited to any direct or indirect loss of any kind.

10.4 It is not possible for us to review all websites which are linked from the MOODY Platform or Services, and you should therefore take care when following any link.  We do not warrant the appropriateness or accuracy of any information made available to you by a third party website linked from the MOODY Platform or Services (regardless of source), and we accept no responsibility or liability for: the appropriateness, accuracy or any other aspect of such websites or the information made available by them to you; or any loss or damage that may be suffered as a result of following any links.

10.5 The MOODY Platform may integrate with social networking platforms (such as Facebook and Instagram) and other third party applications. Your use of any integrated applications will be subject to those third parties' terms and conditions and privacy policies.


11. Intellectual property rights

11.1 You acknowledge that all present and future copyright and other intellectual property rights subsisting in, or used in connection with, the MOODY Platform and Services or any part of it, including the manner in which the MOODY Platform and Services are presented or appear and all information and materials relating to it, is our property (or that of our licensors), and nothing in these Terms of Use or your use of the MOODY Platform and Services shall be taken to transfer any of these rights to you.


12. Use of the MOODY Platform and Services

12.1 Please note that we do not guarantee that the MOODY Platform and Services will be compatible with your mobile device.  However, if you are able to download the MOODY Platform on to your mobile device, it is likely that your device will be compatible.

12.2 Please also note that the use of the MOODY Platform and Services may be impacted by the terms of your agreement with your mobile device supplier, manufacturer and/or phone service provider. Such use may require the use of data which may incur costs with your phone service provider particularly when using roaming tariffs abroad.

12.3 We grant you a licence to use our MOODY Platform and Services that is personal to you only, limited, royalty-free, non-exclusive, revocable, non-transferable and without the right to sublicense. This licence is granted to you to allow you to electronically access and use the MOODY Platform and Services for the purpose to receive the benefit of the MOODY Platform and Services in accordance with these Terms of Use.   

12.4 You agree that you shall:

  1. provide true, accurate, current and complete information about yourself, as prompted by the MOODY Profile registration form on the MOODY Platform and maintain and promptly update this registration data to keep it accurate, current and complete;
  2. not undertake any activity which may harm our reputation or bring us into disrepute;
  3. not use the MOODY Platform or Services for any fraudulent purpose or to send, upload or post any content which is abusive, defamatory, indecent, menacing, obscene or breaches the rights (including intellectual property rights) of any third party;
  4. not use the MOODY Platform or Services to impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity, or express or imply that we endorse any statement you make;
  5. not introduce, transmit or otherwise make available on or via the MOODY Platform or Services any virus, worm, Trojan horse, spyware, or other computer code, file, or programme that is harmful or invasive or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software, or equipment;
  6. not restrict or inhibit any person from using the MOODY Platform or Services (including hacking or defacing any portion of the servers or networks used to host the MOODY Platform or Services);
  7. not modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the MOODY Platform or Services;
  8. not remove any copyright, trademark, or other proprietary rights notice from any portion of the MOODY Platform or Services; and
  9. not cause the MOODY Platform or Service to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the MOODY Platform or Services is in any way impaired.


13. Closing your MOODY Profile

13.1 You can uninstall the MOODY mobile app at any time, using the functionality within the app or your mobile device.  Please note though that uninstalling the app will not automatically result in the closure of your MOODY Profile.  To close your MOODY Profile, [please follow the instructions in the MOODY Platform] or [email us at [email protected]].

13.2 We reserve the right to terminate or restrict your access to the MOODY Platform and Services at any time without notice for any reason whatsoever. Where possible, we will endeavour to provide you with notice of any such termination or restriction of access.


14. Important disclaimers

14.1 While we will aim to maintain an uninterrupted service through the MOODY Platform and Services, it is provided on an “as is” basis and we do not promise that your access to the MOODY Platform or Services will be delivered uninterrupted, securely, in a timely manner or error-free, or that the MOODY Platform or Services will be free from viruses or other harmful properties.  We recommend that you always use up to date firewalls and anti-virus software to protect your equipment and data.

14.2 From time to time, we may carry out maintenance of the MOODY Platform or Services which may result in certain parts of the MOODY Platform or Services becoming unavailable.

14.3 While we try to make sure that the MOODY Platform and Services are secure, you should note that transmission of information via the Internet may not be absolutely secure and could be subject to interception by third parties.  

14.4 We reserve the right to modify or discontinue temporarily or permanently all or part of the MOODY Platform or Services, with or without notice, without liability for any modification or discontinuance.


15. Limitation of liability

15.1 Notwithstanding any other provision, nothing in these Terms of Use shall exclude or limit our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, or any other liability that cannot lawfully be excluded or limited.

15.2 If you are dissatisfied with the MOODY Platform, the Services or any of these Terms of Use, your sole remedy under these Terms of Use shall be to discontinue use of the MOODY Platform and Services.

15.3 Other than as set out in this 'Limitation of liability' section, and notwithstanding any other provision of these Terms of Use, we shall not be liable in contract, tort (including negligence), statutory duty, misrepresentation or otherwise, for any loss or damage whatsoever arising from or in any way connected with these Terms of Use.

15.4 All conditions, warranties and obligations which may be implied or incorporated into these Terms of Use by statute, common law, or otherwise and any liabilities arising from them are hereby expressly excluded to the extent permitted by law.

15.5 We shall have no liability to you for any indirect loss or for any loss of profit, loss of revenue, loss of business, loss of goodwill, reputational damage or loss, business interruption or loss of data you may suffer in connection with your use of the MOODY Platform, the Services, or any materials available through the MOODY Platform or Services.

15.6 Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for indirect losses.  Accordingly, some of the above limitations of liability may not apply to you.

15.7 To the extent that any limitation or exclusion of liability in these Terms of Use proves ineffective, our maximum aggregate liability under or in connection with these Terms of Use (including your use of the MOODY Platform and Services) whether in contract, tort (including negligence), statutory duty, misrepresentation or otherwise, shall in all circumstances be limited to £100.


16. Making complaints

16.1 If you have any complaint about the MOODY Platform or any of the Services we provide, you should contact us at [email protected] and we will try and resolve it as soon as possible.


17. Other important terms

17.1 We may vary these Terms of Use from time to time.  You are advised to regularly check these Terms of Use for any such variation and note the date set out above on which these Terms of Use were last updated.  The amended Terms of Use will take effect on the date on which we publish any variation through the MOODY Platform.  If you do not agree with the amended Terms of Use then you have the right to stop using the MOODY Platform and Services, and should do so immediately.  Your continued use of the MOODY Platform and Services after the date the changes have been posted will constitute acceptance of the amended Terms of Use.

17.2 Section headings are inserted for convenience only and shall not affect the interpretation of these Terms of Use.  

17.3 Each paragraph of these Terms of Use shall be construed separately and independently of the other paragraphs.

17.4 No waiver shall be effective unless in writing, and no waiver shall constitute a continuing waiver so as to prevent us from acting upon any continuing or subsequent breach or default.

17.5 Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use shall be interpreted by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect and remain enforceable between you and us.

17.6 We are an independent service provider for all purposes when carrying out our obligations under these Terms of Use. Nothing in these Terms of Use is intended to, or shall be deemed to, establish any other kind of legal relationship including partnership, agency, trustee, fiduciary duty, joint venture or any other form of legal association between us.

17.7 Notwithstanding any other provision in these Terms of Use, a person who is not a party to these Terms of Use has no right under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce these Terms of Use.

17.8 These Terms of Use constitute the entire agreement as to its subject matter and supersede and extinguish all previous communications, representations (other than fraudulent misrepresentations) and arrangements, whether written or oral.  

17.9 These Terms of Use and any dispute or claim arising out of or in connection with them shall be governed by English law. You and we both agree that the courts of England and Wales shall have non-exclusive jurisdiction.  

17.10 Nothing in these Terms of Use seeks to limit any mandatory rights that you may have as a consumer in your own jurisdiction or seek to prevent you from raising any claim in any court which you are entitled due to your status as a consumer.