Terms of Service

These Terms of Service ("Terms") are an agreement between you and SetupBots LLC ("Moodu," "we," "us" or "our"). They cover your use of the Moodu website at moodu.ai, the Moodu app at app.moodu.ai, our mobile apps, and everything offered through them (together, the "Service"). By creating an account, starting a trial or subscription, or otherwise using the Service, you agree to these Terms and to our Privacy Policy. If you don't agree, don't use the Service.

Please read section 16. It requires most disputes to be resolved by individual arbitration and waives class actions and jury trials.

1. Moodu is not medical care or emergency help

Moodu is an AI companion for general emotional support and self-reflection. It is not a licensed therapist, counselor, psychologist, physician or other health professional, and using it does not create a therapist-client, doctor-patient or any other professional relationship. The Service does not diagnose, treat, cure or prevent any condition, does not prescribe anything, and is not a substitute for professional advice, diagnosis or treatment. Don't ignore or delay professional advice because of something in the Service.

Moodu is not for emergencies. It can't contact anyone for you, see where you are, or send help. If you are thinking about harming yourself or someone else, or you are in danger, call or text 988 in the United States, call your local emergency number, or go to the nearest emergency room.

2. Who can use Moodu

You must be at least 13 years old to use the Service. If you are 13 to 17, you may use the Service only with the permission of a parent or legal guardian, who agrees to these Terms on your behalf and is responsible for your use. We may ask for information to confirm age, and we may suspend or close any account we believe belongs to someone under 13.

You must give accurate information when you sign up, including your age. Your account is for you alone. You sign in with a one-time code sent to your email, so keep your email account secure. You're responsible for everything that happens under your account.

3. Subscriptions, free trials and billing

Paid service. Using Moodu requires an active subscription. Current plans and prices are shown at moodu.ai/pricing and in the app before you buy. Prices are in US dollars and don't include taxes, which you pay where they apply.

Automatic renewal. Subscriptions renew automatically at the end of each billing period (every week or every year, depending on your plan) at the then-current price, and we will charge your payment method on each renewal until you cancel. By subscribing, you authorize these recurring charges.

Free trials. Some plans start with a free trial, such as 3 days on the yearly plan. Unless you cancel before the trial ends, your paid subscription begins and your payment method is charged automatically when the trial ends. We may limit trials to one per person and may change or end trial offers at any time.

Cancelling. You can cancel any time in the app under Settings, then Subscription, then Manage subscription, or, if you subscribed through the Apple App Store or Google Play, through that store's subscription settings. Cancellation takes effect at the end of the current billing period, and you keep access until then.

Refunds. Except where required by law, payments are non-refundable, and we don't give refunds or credits for partial periods or unused time. Purchases made through an app store are subject to that store's refund policies, which we don't control.

Who bills you. Web purchases are processed by our payment processor and appear on your statement as SETUPBOTS LLC. App store purchases are billed by Apple or Google.

Price and plan changes. We may change prices, plans and features. If a price change affects your subscription, we will tell you before it applies, and it takes effect at your next renewal. If you don't agree, cancel before then.

Failed payments. If a payment fails, we may retry it, and we may suspend access until it succeeds.

4. AI replies

Moodu's replies are generated by artificial intelligence. They can be inaccurate, incomplete, out of date or inappropriate, and they may not reflect your situation. Replies are not professional advice of any kind, including medical, mental health, legal or financial advice. You are responsible for how you use any reply and for checking anything important with a qualified professional.

5. Usage limits and acceptable use

We may set and change limits on the Service, including daily and weekly limits on messages or usage, to keep it running well for everyone. You agree not to:

• use the Service for anything illegal, harmful, threatening, harassing or abusive, or to harm minors;
• try to get the Service to produce content that violates these Terms or the law;
• access the Service through automated means, scrape it, or overload or disrupt it;
• copy, resell, sublicense or commercially exploit the Service, or use it to build a competing product;
• reverse engineer, decompile or try to extract source code, models, prompts or underlying instructions, except where the law allows it despite this restriction;
• get around limits, payments, security or access controls, or share your account; or
• impersonate anyone or give false information, including about your age.

6. Your content

"Your Content" is what you put into the Service, such as messages, mood check-ins, notes and onboarding answers. You keep whatever rights you have in Your Content. You give us a worldwide, royalty-free, non-exclusive, transferable and sublicensable license to host, store, copy, process, transmit, display, modify and otherwise use Your Content to provide, operate, maintain, secure, improve and develop the Service, as described in our Privacy Policy. This license continues for as long as we keep Your Content.

You're responsible for Your Content and confirm that you have the right to share it. We may remove content or restrict accounts that we believe violate these Terms.

7. Our property

The Service, including its software, AI features, design, text, graphics, guides, exercises, the Moodu name and logo, and all related intellectual property, belongs to us or our licensors. Subject to these Terms and your active subscription, we give you a personal, limited, revocable, non-transferable and non-exclusive license to use the Service for your own personal, non-commercial use. All rights not expressly granted are reserved.

If you send us feedback or ideas, we may use them for any purpose without owing you anything.

8. Changes to the Service and these Terms

We may add, change, suspend or remove any part of the Service at any time. We may update these Terms. When we do, we'll post the new version with a new effective date and, if the changes are significant, give notice in the Service or by email. Continuing to use the Service after the effective date means you accept the updated Terms.

9. Suspension and termination

You can stop using the Service and delete your account at any time from Settings. We may suspend or terminate your access, with or without notice, if we believe you have violated these Terms, if needed to protect the Service, other people or us, if required by law, or if we discontinue the Service. Sections that by their nature should survive termination will survive, including sections 1, 4, 6, 7 and 10 through 18.

10. Third-party services

The Service relies on and may link to services provided by others, such as app stores, payment processors, hosting and AI providers. We don't control them and aren't responsible for them, and your use of them may be subject to their own terms.

11. Disclaimers

The Service is provided "as is" and "as available," without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, and any warranties arising from course of dealing or usage of trade. We don't warrant that the Service will be uninterrupted, secure, error-free or free of harmful components, that any reply will be accurate, complete or helpful, or that the Service will meet your needs or improve your wellbeing. Your use of the Service is at your own risk.

12. Limitation of liability

To the fullest extent permitted by law, SetupBots LLC and its affiliates, members, managers, officers, employees, agents, licensors and service providers will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, revenue, data, goodwill, or emotional distress, arising out of or relating to the Service or these Terms, however caused and under any theory of liability, even if advised of the possibility. Our total liability for all claims arising out of or relating to the Service or these Terms is limited to the greater of the amount you paid us for the Service in the 12 months before the event giving rise to the claim, or fifty US dollars ($50).

Some places don't allow certain exclusions or limits, so some of the above may not apply to you. In that case, our liability is limited to the smallest amount the law allows.

13. Indemnity

You will defend, indemnify and hold harmless SetupBots LLC and its affiliates, members, managers, officers, employees and agents from any claims, losses, damages, liabilities, costs and expenses (including reasonable attorneys' fees) arising out of or relating to your use of the Service, Your Content, or your violation of these Terms or of anyone's rights.

14. No personal liability

The Service is provided by SetupBots LLC only. No member, manager, officer, employee or agent of SetupBots LLC is personally liable to you for anything related to the Service or these Terms.

15. Governing law

These Terms are governed by the laws of the State of Arizona, without regard to its conflict-of-law rules. Subject to section 16, any claim not subject to arbitration must be brought only in the state or federal courts located in Maricopa County, Arizona, and you and we consent to their jurisdiction.

16. Disputes, arbitration and class action waiver

Talk to us first. Before starting a claim, email support@moodu.ai describing the dispute and what you want. We'll try to resolve it informally within 60 days.

Arbitration. If we can't resolve it, you and we agree that any dispute, claim or controversy arising out of or relating to the Service or these Terms will be resolved by final and binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules. The arbitrator decides all issues, including the scope and enforceability of this section. Judgment on the award may be entered in any court with jurisdiction. Either of us may instead bring an individual claim in small claims court if it qualifies, and either of us may seek injunctive relief in court to protect intellectual property.

Class action and jury trial waiver. You and we may bring claims against each other only individually, not as a plaintiff or class member in any class, collective, consolidated or representative proceeding, and the arbitrator may not consolidate claims or award relief to anyone but the individual party. You and we waive any right to a jury trial.

Opt-out. You can opt out of this arbitration agreement by emailing support@moodu.ai within 30 days of first accepting these Terms, with your name, account email and a clear statement that you are opting out of arbitration.

If the class action waiver is found unenforceable for a claim, that claim must be decided in court under section 15, not in arbitration. If any other part of this section is found unenforceable, the rest still applies.

17. App store terms

If you get Moodu from the Apple App Store or Google Play, these Terms are between you and us, not Apple or Google. Apple and Google aren't responsible for the app or its content, have no obligation to provide maintenance or support, and aren't responsible for any claims relating to the app, including product liability, legal compliance or intellectual property claims. If the app fails to conform to any applicable warranty, you may notify Apple, which may refund the purchase price of the app where applicable; to the maximum extent permitted by law, Apple has no other warranty obligation. You confirm that you aren't located in a country subject to a US government embargo or on any US government list of prohibited or restricted parties. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you. You must also follow the app store's own terms of use.

18. General

These Terms and the Privacy Policy are the entire agreement between you and us about the Service. If any part is found unenforceable, the rest stays in effect. Our not enforcing a part of these Terms isn't a waiver. You may not assign these Terms without our consent; we may assign them, including in a merger, acquisition or sale of assets. We aren't liable for delays or failures caused by events beyond our reasonable control. Notices to you may be sent to your account email or shown in the Service.

Contact

Questions about these Terms? Email support@moodu.ai.