Last Updated: [mention date]
These Terms and Conditions (the “Terms”) govern the use of the products and services provided by Better Mood, Inc., including our websites, social media pages, software applications, and other online platforms (collectively referred to as the “Services”). By accessing or using the Services, you agree to comply with these Terms.
Please read these Terms carefully. By using the Services, you confirm that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, please do not use the Services. These Terms include a requirement to resolve most disputes between you and Better Mood through binding arbitration on an individual basis, as outlined in Section 16. This means you are waiving your right to a jury trial or to participate in a class action or similar proceeding.
Certain Services may be subject to additional terms and conditions. Unless stated otherwise, these additional terms supplement these Terms and will govern your use of the relevant Services. In the event of a conflict between these Terms and the additional terms, the additional terms will take precedence.
Eligibility:
To use the Services, you must be at least 16 years old. If you are under the legal age of majority in your jurisdiction, you may only use the Services with the consent and supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are a parent or legal guardian of a user who is a minor, you are responsible for the minor’s activities on the Services and agree to these Terms on their behalf.
Account Registration and Security:
In order to access certain features of the Services, you may be required to create an account. You agree to provide accurate, current, and complete information during the registration process and to keep your account information updated. You are responsible for maintaining the confidentiality of your account and password, and for all activities that occur under your account. You agree to notify us immediately at [add support email] of any unauthorized use of your account or any other breach of security. Better Mood will not be liable for any loss or damage arising from your failure to protect your account information.
Recurring Subscriptions:
Better Mood offers paid subscription services, such as Better Mood Premium, which are provided on an automatically renewing basis ("Recurring Subscriptions"). By subscribing, you consent to your subscription being automatically renewed at the end of each subscription period you select. You authorize Better Mood to charge your chosen payment method for the current subscription rate, plus any applicable taxes and fees, on a recurring basis. The subscription will continue to renew automatically unless you cancel it as described below. If a payment cannot be processed using your selected payment method, you are still responsible for any unpaid amounts.
Cancellation:
To avoid being charged for the next subscription period, you must cancel your Recurring Subscription at least 24 hours before the end of the current subscription period. If you subscribed directly through bettermood.com, you can cancel by visiting [add link]. If you subscribed through a third-party platform, such as an app store, you must cancel directly through that platform. Only the primary account holder can cancel a subscription. Once you cancel, you will continue to have access to Better Mood Premium until the end of your current subscription period, but you will not receive a refund for any fees already paid.
Changes:
Better Mood reserves the right to change the terms of your Recurring Subscription, including the subscription fee, at any time. We will notify you in advance of any significant changes via the email associated with your account. If you do not agree to the changes, you must cancel your subscription in accordance with the cancellation procedure described above before the changes take effect.
Promotional Offers and Recurring Subscriptions:
Better Mood occasionally provides promotional offers, such as free trials or discounted rates, for its Recurring Subscriptions. These promotions come with specific terms and conditions ("Offer Terms"), which will be detailed when the offer is presented. Typically, these promotions are available exclusively to new subscribers who have not previously subscribed to Better Mood Premium or taken advantage of a similar offer. To qualify for a promotional offer, you must provide a valid payment method at the time of sign-up. After the promotional period concludes, Better Mood will automatically begin charging your payment method at the standard subscription rate unless you cancel at least 24 hours before the end of the promotional period.
Lifetime Subscriptions:
Better Mood may offer a “lifetime” subscription to Better Mood Premium, which grants access to the Services for as long as Better Mood Premium is available. Please note that the duration of Better Mood Premium may not align with your lifetime, and the Services and features offered under Better Mood Premium may evolve over time. New services or features may be introduced that are not included in your lifetime subscription. Lifetime subscriptions are non-transferable, non-assignable, and non-refundable.
Payment Method:
When you make a purchase through our Services, including subscriptions or gift cards, you need to provide a valid payment method. By doing so, you authorize Better Mood to charge your payment method for the total purchase amount, including any applicable taxes and fees. We may update your payment information using details provided by payment processors or financial institutions. If your payment method is declined or if we detect any suspicious activity, Better Mood reserves the right to cancel your transaction.
Cancellations and Disputes:
If you experience any issues with a transaction made through our Services, please contact Better Mood directly to resolve the matter before reaching out to your payment provider. Better Mood may need to verify your identity and request additional information to resolve payment disputes. We may also cancel transactions if we suspect fraudulent activity.
Refunds:
Refunds for purchases made through our Services are generally not provided unless mandated by applicable laws.
Future Functionality:
Your purchase of Services from Better Mood is not dependent on the release of any future features or content. Better Mood does not guarantee the availability of future functionality, and any public statements about potential new features should not be construed as commitments.
Better Mood Services Ownership:
All content and materials available on the Services, including text, graphics, images, video, audio, software, and other media, are owned by Better Mood or its licensors and are protected by copyright, trademark, and other intellectual property laws. Except as expressly permitted in these Terms, you are not allowed to reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the content available through the Services without the prior written consent of Better Mood or the appropriate rights holder.
Limited License Granted by Better Mood:
Subject to your compliance with these Terms, Better Mood grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Services for personal, non-commercial purposes only. You are also granted a limited license to download and install a copy of any Better Mood mobile application on a device that you own or control for personal use. This license does not grant you any ownership rights in the Services, and any unauthorized use will terminate the license granted by Better Mood.
User Content Ownership:
Better Mood does not assert ownership over any content that you create, upload, or share through the Services (“User Content”). The ownership of User Content remains with you. However, by sharing User Content on the Services, you provide Better Mood with a global, non-exclusive, royalty-free license that is sublicensable and transferable. This license allows Better Mood to use, store, display, reproduce, modify, create derivative works from, perform, distribute, and otherwise utilize your User Content in connection with the operation and promotion of the Services.
License You Grant to Better Mood:
By making your User Content available through the Services, you grant Better Mood the right to use your content, including any associated name, likeness, or personal identifiers, across all media formats and channels, both existing and future. You acknowledge that your User Content may be accessible to others and that Better Mood may use it for various purposes, such as marketing and promotional efforts. You affirm that you possess the necessary rights to all User Content you provide and that Better Mood’s use of your content will not violate the rights of any third parties.
The Services may contain links to or integrate with third-party products, services, websites, or other content that is not controlled by Better Mood (“Third-Party Content”). Third-Party Content is provided for your convenience only, and Better Mood does not endorse or assume any responsibility for such content. Your interactions with Third-Party Content are at your own risk, and Better Mood is not liable for any damages arising from your use of Third-Party Content.
8. Reporting Copyright Violations and Repeat Infringer Policy
If you believe that any content available on the Services violates your copyright or intellectual property rights, you may contact Better Mood’s designated agent with your concerns:
Designated Agent:
Address:
Telephone Number:
E-Mail Address:
Please be aware that if you intentionally submit a false claim of infringement, you may be held responsible for any damages caused to Better Mood as a result.
In compliance with the Digital Millennium Copyright Act (DMCA) and other relevant laws, Better Mood has implemented a policy that allows for the termination of user accounts in cases where the user is found to be a repeat infringer of intellectual property rights.
9. Prohibited User Conduct and Content
As a user of the Services, you are fully responsible for your conduct and agree to refrain from the following prohibited actions:
Unauthorized Content Sharing:
Posting, uploading, or sharing any User Content that you do not have the legal right to disclose, or that infringes on the intellectual property rights, privacy rights, or other rights of third parties.
Violation of Laws or Terms:
Engaging in conduct that breaches these Terms, violates any applicable laws or regulations, or could result in liability for Better Mood or others.
False Representation:
Impersonating any person or entity, or falsely claiming an association with any individual or organization.
Inappropriate or Harmful Content:
Posting User Content that is fraudulent, misleading, defamatory, obscene, vulgar, or offensive, or that promotes discrimination, bigotry, racism, hatred, or harm against any person or group.
Disruption of Services:
Participating in activities that disrupt, interfere with, or damage the Services or the servers and networks supporting the Services.
Unauthorized Access:
Attempting to gain unauthorized access to other users' accounts or personal information.
Unsolicited Communications:
Using the Services to send unsolicited or unauthorized advertisements, solicitations, or political campaigns.
Malicious Software:
Uploading viruses, malware, or any other harmful software to the Services.
Better Mood reserves the right to monitor the use of the Services and may, at its sole discretion and without prior notice, remove or restrict access to any User Content that is believed to violate these Terms or applicable laws. Additionally, we may investigate and pursue legal action against users who engage in prohibited conduct.
10. Intellectual Property and Trademarks
Better Mood’s trademarks, logos, product and service names, and the overall look and feel of the Services are the intellectual property of Better Mood. You are not permitted to use any of Better Mood’s trademarks without prior written permission. The absence of a trademark from this list does not constitute a waiver of Better Mood’s intellectual property rights. Any third-party trademarks appearing on the Services are the property of their respective owners, and Better Mood’s use of these trademarks does not imply endorsement or sponsorship.
11. Account Termination and Suspension
Better Mood may terminate or suspend your access to the Services, or deactivate your account, at any time for any reason, including if you violate these Terms. If you are accessing the Services through a Better Mood Business subscription, your access may be terminated if you are no longer eligible under the terms of the agreement between Better Mood and the sponsoring organization.
You may cancel your account at any time by contacting us at [add support email]. However, canceling your account does not automatically cancel any active subscriptions, which must be canceled separately.
Upon termination or cancellation of your account or access to the Services, all provisions of these Terms that by their nature should survive will remain in effect, including, but not limited to, ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution provisions.
12. Disclaimer of Warranties
Utilizing the Services is at your sole risk. They are offered "as is" and "as available," devoid of any expressed or implied guarantees. This includes, but is not limited to, implied warranties of merchantability, suitability for a specific purpose, non-violation of rights, and any warranties that might arise during business transactions or usage. Better Mood does not guarantee that the Services will meet all your needs, nor will they always be available without interruptions or errors. Please note, that the exclusion of implied warranties is not permissible in some jurisdictions, so this might not apply to you.
13. Health and Medical Disclaimer
The Services are solely for informational purposes and are not meant as a substitute for professional medical advice, nor are they intended to diagnose, treat, cure, or prevent any disease or medical condition. Better Mood is not a licensed medical care provider and, hence does not partake in the diagnosis, examination, or treatment of medical conditions. Always consult with your doctor or another qualified healthcare provider if you have any concerns about a medical condition.
Better Mood does not offer emergency services and is not responsible for initiating contact with emergency services or healthcare professionals on your behalf. You should not postpone seeking medical advice or treatment based on information obtained through the Services.
Please be aware that not all activities suggested by the Services are suitable for everyone, and should not be performed while driving, operating heavy machinery, or doing anything else that demands your full attention.
14. Indemnification Obligations
You agree to indemnify, defend, and hold harmless Better Mood and its officers, directors, employees, and agents (collectively known as the “Better Mood Parties”) from any and all claims, liabilities, damages, losses, and expenses, including attorneys' fees, related to (a) your use of the Services; (b) the User Content you provide; (c) your breach of these Terms; (d) your infringement of any third-party rights, including intellectual property or privacy rights; or (e) your behavior associated with the Services.
You must immediately inform Better Mood of any legal claims from third parties and assist the Better Mood Parties fully in defending such claims. Better Mood has the right to take over the exclusive defense and control of any issue otherwise subject to indemnification by you, and you may not settle any such claims without the express consent of Better Mood.
Section 15. Liability Limitations
To the maximum extent allowed by law, Better Mood and its affiliates, licensors, service providers, and suppliers shall not be liable for any indirect, incidental, consequential, special, or punitive damages resulting from or connected to these Terms or your use of the Services, regardless of whether Better Mood has been informed of the possibility of such damages.
The overall responsibility of Better Mood for any claims arising from or related to the Services or these Terms will be limited to the total amount you have paid to Better Mood for the Services, without specifying any minimum amount.
Please note, that the limitation or exclusion of liability for incidental or consequential damages is not permitted in some jurisdictions, so these limitations may not apply to you.
16. Binding Arbitration for Dispute Resolution
Please Review Carefully:
By agreeing to these Terms, both you and Better Mood agree to resolve most disputes through binding arbitration, on an individual basis, rather than through court proceedings or class actions.
Arbitration Agreement:
Any dispute, claim, or controversy arising from or related to these Terms or your use of the Services, including those related to privacy and data security, will be resolved through binding arbitration. Both parties retain the right to bring individual claims in small claims court or seek court relief for intellectual property issues. Arbitration will be conducted individually, not as a class action or other collective proceeding.
Opt-Out Option:
You may opt out of this arbitration agreement by providing written notice within 30 days of agreeing to these Terms. To opt out, send a notice to Better Mood at [add link] with your full name, mailing address, and a statement of your decision to opt out of arbitration.
Arbitration Process:
Before starting arbitration, the party must attempt to resolve the issue informally by contacting the other party. If you have a dispute with Better Mood, send a written notice to Better Mood’s registered agent [add details], or via email at [add support email]. The notice must include your name, contact details, a description of the dispute, and the specific relief sought. If unresolved after 30 days, either party may initiate arbitration.
Arbitration will be managed by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The process may occur in person, by phone, or online, and the arbitrator may grant any relief available in court but only to the extent necessary to resolve the individual dispute.
Enforceability:
If any part of this arbitration agreement is found to be unenforceable, that portion will be severed, and the remaining agreement will remain effective. If a dispute must be resolved in court, it will be handled in the appropriate courts within the designated jurisdiction.
17. Applicable Law and Jurisdiction
These Terms, along with any disputes arising from or related to these Terms or the Services, will be governed and interpreted under the laws of the State of California, without consideration for its conflict of laws principles. If any dispute is not resolved through arbitration, the parties agree that such disputes will be addressed exclusively in the appropriate state or federal courts, and both parties consent to the jurisdiction and venue of those courts.
18. Service Modifications and Termination
Better Mood reserves the right to modify, suspend, or completely discontinue the Services or any part of them at any time, without prior notice, for reasons such as improving functionality, addressing technical issues, or enhancing security for users and the Services. Better Mood is not responsible for any damages or losses that may result from the modification, suspension, or termination of the Services.
19. Changes to Terms
Better Mood may revise these Terms at any time by updating the Terms on the Services or by notifying you via email or other forms of communication. The date of the latest revision will be indicated at the top of these Terms. By continuing to use the Services after the new Terms take effect, you agree to be bound by the updated Terms. If you do not agree with the revised Terms, you must cease using the Services and close your account.
20. General Provisions
These Terms, along with any additional terms referenced or incorporated by reference, represent the complete and exclusive agreement between you and Better Mood concerning your use of the Services, overriding any prior agreements or understandings. Should any provision of these Terms be deemed invalid or unenforceable, the remaining provisions will remain in full effect.
These Terms are intended solely to benefit you and Better Mood, without conferring any rights on third parties, except as explicitly stated. You may not transfer or assign your rights or obligations under these Terms without the prior written consent of Better Mood. Better Mood reserves the right to assign or transfer its rights and obligations under these Terms without any restrictions.
Better Mood’s decision not to enforce any part of these Terms does not constitute a waiver of that part. The headings within these Terms are included for convenience only and do not have any legal significance. All communications regarding these Terms between you and Better Mood will be conducted electronically.
21. iOS-Specific Terms and Conditions
If you are using our mobile app on an Apple Inc. (“Apple”) device, the following terms apply. These Terms, including this section, serve as a customized End User License Agreement (EULA) for any Better Mood app, fulfilling Apple's requirements, and replacing Apple’s standard EULA.
Agreement Between You and Better Mood:
These Terms form an agreement solely between you and Better Mood, not with Apple. Better Mood is entirely responsible for the mobile app and its content, as far as Apple is concerned.
License Scope:
You are granted a non-transferable license to use the Better Mood app on any Apple-branded device that you own or control, in line with the App Store Terms of Service.
Maintenance and Support:
Better Mood is solely responsible for providing any maintenance and support for the app. Apple has no obligation to provide such services.
Warranty Obligations:
Better Mood is responsible for any warranties associated with the app, as permitted by law. If the app does not meet these warranties, you may notify Apple for a refund (if applicable). Beyond that, any further warranty responsibilities rest with Better Mood.
Handling Claims and Liability:
As outlined in our Terms, Better Mood, not Apple, is responsible for managing any claims related to the app or your use of it. This includes product liability claims, legal or regulatory compliance, and issues under consumer protection laws.
Intellectual Property Responsibilities:
Better Mood is responsible for addressing any intellectual property infringement claims related to the app or your use of it.
Legal Compliance:
You confirm that you are not located in a country under a U.S. Government embargo or designated as “terrorist supporting,” and you are not on any U.S. Government list of prohibited or restricted parties.
Contact Information:
For any questions, complaints, or claims regarding the app, please contact Better Mood using the information provided in our contact section.
Third-Party Rights:
Apple and its subsidiaries are considered third-party beneficiaries of these Terms and may enforce them against you.
22. User Feedback
Better Mood does not accept unsolicited creative ideas, suggestions, or other materials. By submitting any feedback or suggestions related to Better Mood or the Services, you agree that Better Mood can freely use, modify, and implement your feedback without any obligation to compensate you. This includes using your feedback for product development, marketing, and promotional activities.
23. Contact Information
For any questions or concerns regarding these T&Cs or our Services, please contact us at:
Website: [add website link]
E-mail: [add email]