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Terms of Use


1. 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 (“MOODY Website”) and mobile app (“MOODY 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 respective MOODY Website and MOODY App Privacy Statements 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 As part of your use of the products, you agree to the processing and storage of your personal information in the United States, including the processing and storing of your personal information in the United States for the purposes of processing payments and tracking individual use of the products. By using the products, you acknowledge that you understand and agree that the United States may not have the same level of protections for your personal information that exists in your country of residence, and you nonetheless consent to the processing and storage of your personal information in the United States. we will take measures as required to comply with applicable law regarding the transfer, storage and use of certain personal information.

1.5 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 contact@wearemoody.com.

 

2. DEFINITIONS

“MOODY Profile” means your account on the MOODY App.

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

 “MOODY App” means apps created by MOODY, including but not limited to the “Moody Month” app.

 

3. ABOUT MOODY

3.1 The MOODY Platform aims to help individuals understand their moods, cycles and hormones. After creating an account on the MOODY App, users can create personalised MOODY profiles,  logging health and wellbeing information including your physical, emotional and digestive health in the context of your cycle.

3.2 The MOODY Platform will contain customised wellbeing information for each individual, aiming to help you to support moods and cycle symptoms. It will also provide information on recommended 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. create a MOODY Profile using the MOODY App; (see section 5 (Moody Profile));
  2. have access to personalised wellbeing information on the MOODY Platform, and information about supplements that may support your needs (see section 7 (Wellness information));
  3. where you have opted-in on the MOODY Website to receive email communications from us, be sent MOODY newsletters via email;
  4. 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
  5. purchase MOODY products when available (see section 9 (MOODY products)).

4.2 You must be aged 13 years or over to use the Platform and the Services, unless you are located in Austria or Italy, in which case you must be over 14 years old in order to use the Platform and the Services, or unless you are located in Germany, Hungary, Lithuania, Luxembourg, The Netherlands or Slovakia, in which case you must be over 16 years old in order 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 create a MOODY Profile and log personal information via the MOODY App. You can create a MOODY Profile by providing us with your name and email address and selecting a username. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your Device. You may not register for more than one MOODY profile.

5.2 You can update your MOODY Profile by providing information on your health, wellbeing and moods. As you update this with logs, memos or voice notes, you will have access to personalised information about supplements, wellbeing and other content.  

 

 

6. MEMBERSHIPS AND SUBSCRIPTIONS

6.1 BECOMING A MEMBER

(a) You may sign up as a registered user of the Premium app features (a “Member”). To become a Member you need to go to the relevant section of the Platform, then confirm your selection of monthly or annual subscription.

(b) By registering as a Moody Member, you warrant that:

(i) You are legally capable of entering into binding contracts; (ii) All registration information you submit is truthful and accurate; (iii) You will maintain the accuracy of such information; and (iv) Your use of the Products does not violate any applicable law or regulation.

6.2 ONCE A MEMBER

You are responsible for maintaining the confidentiality of your account, password and other User Information and for restricting access to your Device to further help protect such information. You are responsible for updating your User Information.

6.3 MEMBERSHIP

As a Moody Member you will receive access to certain sections, features and functions of the Products that are not available to non-members.

By agreeing to become a Member you may receive communication emails with respect to your use of the Product. You can easily unsubscribe from Moody emails by following the opt-out instruction in these emails.

Moody membership accounts and subscriptions are not transferable and therefore you agree to not sell, transfer, or exchange membership accounts or subscriptions in any way or under any circumstance. This expressly applies to any discounted, subsidised, or free accounts or subscriptions.

6.4 SUBSCRIPTION TERMS

(a) Moody Members have agreed to a Paid Subscription. A subscription is a fee-based program, which gives access to all content including and beyond the basic app offering. You will only have access to subscription content while your subscription is active and subsisting. You may have access to a free trial period of a Moody subscription in accordance with certain promotional offers. Please note that if you purchase a subscription through the Apple iTunes Store or our iPhone application, the sale is final, and we will not provide a refund. Your purchase will be subject to Apple’s applicable payment policy, which also may not provide for refunds. If you purchase a subscription through the Google Play store, the sale is final and we will not provide a refund. Your purchase will be subject to Google’s applicable payment policy, which also may not provide for refunds. 

(b) You may access Moody subscriptions via a monthly or annual subscription option. For the purposes of our monthly and yearly subscriptions, a month constitutes 30 calendar days and a year constitutes 365 calendar days. Moody may also decide to offer lifetime subscriptions on a discretionary basis.

(c) Our “Monthly” subscription is paid in monthly installments. For each month that your monthly subscription is active, you acknowledge and agree that Moody is authorized to charge the same credit card or other payment method as was used for the initial subscription fee. The monthly renewal subscription fees will continue to be billed to the Payment Method you provided until cancelled. You must cancel your subscription before it renews in order to avoid billing of the next month’s subscription fee to the Payment Method you provided. Refunds cannot be claimed for any partial-month subscription period.

(d) Our “Yearly” subscription is paid for by an upfront payment with automatic annual renewals. You acknowledge and agree that Moody is authorized to charge the Payment Method used for (i) the initial annual subscription fee at the rate secured at the time of purchase, and (ii) the non-discounted renewal subscription fee(s). You must cancel your subscription before it renews in order to avoid billing of the renewal subscription fee to the Payment Method you provided. Refunds cannot be claimed for any partial subscription period.

(e) A ‘’Lifetime’’ subscription is paid upfront in advance. You acknowledge and agree that Moody is authorized to charge the Payment Method for the amount stated. You will not be charged again in relation to this subscription and the subscription will remain valid indefinitely. Users still retain the right to delete their account and any data contained therein.

6.5 GIFTING

“Gift Subscriptions” are pre-paid memberships to the Products. A person who purchases the gift is referred to in these terms as the “Giftor”. A person who receives and redeems a Gift Subscription to the Products is referred to in these terms as the “Recipient”. Gift subscriptions are paid for by a one-time upfront payment. Once bought, the Giftor will receive an Order confirmation and receipt. The Moody gift subscription will be sent to the Recipient on the Giftor’s specified date. Gifting codes can only be used once in the country for which they were purchased and cannot be redeemed for cash, resold or combined with any other offers, including free trial. Please note that gifting codes cannot be redeemed if the Recipient has already purchased a subscription through the Apple iTunes Store or our iPhone application, or the Google Play Store or our Android application. We will automatically bill the Payment Method you provided for any purchased Gift Subscriptions at the time of purchase, not delivery. There are no refunds or other credits for Gift Subscription that are not redeemed. Moody will notify the Recipient prior to the end of the Gift Subscription that the gift period is about to expire. Moody Month is not responsible if a Gift Subscription is lost, stolen or used without permission.


6.6 CHANGING FEES AND CHARGES

We reserve the right to change our subscription plans or adjust pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms, any price changes or changes to your subscription plan will take effect following notice to you.

 

7. CANCELLATION OF SERVICES

7.1 CANCELLATION BY YOU

(a) You may cancel a Monthly subscription at any time. Cancellation is effective at the end of the applicable monthly period. Please make any such cancellation by registering this selection in the applicable Apple iTunes Store or Google Play Store. Additional support can be provided by emailing [email protected]

(b) ) You may cancel a Yearly subscription plan at any time. Cancellation is effective at the end of the applicable annual period. 

(c) Please note that if you purchase a subscription through the Apple iTunes Store or our iPhone application, you may cancel your subscription by cancelling automatic renewal of paid In App Subscriptions by selecting Manage App Subscriptions in your iTunes Account settings and selecting the subscription you want to modify. If you purchase a subscription through the Google Play store you may cancel automatic renewals in account settings under Subscriptions in the Google Play app, or according to the current process outlined by Google Play.

7.2 CANCELLATION BY US

We may suspend or terminate your use of the Platform as a result of your fraud or breach of any obligation under these Terms. Such termination or suspension may be immediate and without notice. A breach of these Terms, includes without limitation, the unauthorized copying or download of our audio or video content from the Platform.

7.3 PROMOTION AND DISCOUNT CODES

Any promotion code or offer provided by us may not be used in conjunction with any other promotion code or offer, past or present. Introductory offers are only available to new users of the Platform, except where expressly stated otherwise. Previous users or trial users of the Platform do not qualify as new users. No promotion code or discount will apply to corporate or other group subscriptions. Unless otherwise set forth in the terms of any promotion, all pricing promotions or discounts will apply to the initial period of the subscription, and any renewals will be charged at the non-discounted rate for the type of subscription purchased.

 

8. YOUR PERSONAL DATA

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

8.2 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 respective MOODY Website and MOODY App Privacy Statements. Please see the Privacy Statements for more information about the data we collect and how we use it.

 

9. WELLNESS INFORMATION

9.1 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.

9.2 We aim to tailor this information in relation to each individual user, 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.

9.3 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.

9.4 Although we frequently 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 healthcare professional.

9.5 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.

 

10. VIRTUAL DROP IN CLINICS

10.1 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 on the MOODY Platform.

 

11. MOODY PRODUCTS

11.1 From time to time, we may offer MOODY products for purchase via the MOODY Platform. This may include supplements, vitamins, period products, other content 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. 

 

12. THIRD PARTY PRODUCTS AND LINKS

12.1 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 you in general.

12.2 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.

12.3 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.

12.4 Whilst we always aim to be as thorough as possible in checking other content or websites linked to or referred to on the MOODY Platform or Services, it is not possible for us to review all such websites or other content, 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.

12.5 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.

 

13. INTELLECTUAL PROPERTY RIGHTS

13.1 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.

 

14. USE OF THE MOODY PLATFORM AND SERVICES

14.1 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.

14.2 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.

14.3 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.   

14.4 You agree that you shall:

  1. provide true, accurate, current and complete information about yourself when creating your Profile via the MOODY App, and maintain and promptly update this information 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.


 

15. CLOSING YOUR MOODY PROFILE

15.1 You can uninstall the MOODY App at any time, using the functionality within the MOODY 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, email us at [email protected]

15.2 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.

 

16. IMPORTANT DISCLAIMERS

16.1 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.

16.2 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.

16.3 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.  

16.4 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.

 

17. LIMITATION OF LIABILITY

17.1 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.

17.2 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.

17.3 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.

17.4 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.

17.5 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.

17.6 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.

17.7 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.

 

18. MAKING COMPLAINTS

18.1 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.

 

19. OTHER IMPORTANT TERMS

19.1 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 below 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. Under certain circumstances we may also elect to notify you of changes or updates to our Terms by additional means, such as pop-up or push notifications within the Platform or by email.

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

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

19.4 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.

19.5 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.

19.6 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.

19.7 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.

19.8 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.  

19.9 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.  

19.10 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.

 

 

 



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