Terms&Conditions

Terms & Conditions

Terms & Conditions

Last Update: 21/07/2021

Please read the following terms of service before using Moodcare.app (the 'Website') or using mobile app ('app') by utilizing app, or accessing any page on our Website (the Website and the app may be hereinafter collectively referred to as the ‘Platform’). You agree to be bound by the current version of our Terms of Use and Privacy Policy.

You can always access to upto date Privacy Policy from below link:

https://www.moodcare.app/privacy-policy

General

Welcome to the Website and Moodcare App ('Moodcare', 'we', 'us'). Moodcare provides a mental wellbeing educational activities and wellness audio content for users who download and install the app (the 'Service').

1- Acceptance of the terms of use

We ask that you review and abide by these terms and conditions, our Privacy Policy, and any other terms and conditions that may appear on our Platform from time to time. your use of the service constitutes your agreement to these terms and conditions, and we reserve the right to revise these terms and conditions at any time without notice to you. When we make revisions, we will post them on our Platform and they will be effective immediately upon posting. You agree to check this section periodically to be aware of any changes to the terms and conditions. your continued use of the services after the posting of any revisions shall be considered your agreement to the modified terms and conditions. If you do not agree to these terms and conditions, please do not use the Service. The Service is offered and available to users who are 13 years of age or older. By using the Services, you represent and warrant that you are of legal age to form a binding contract with Moodcare and meet all of the foregoing eligibility requirements. if you do not meet all of these requirements, you must not access or use the Service.

The Service and its Content are intended solely for personal and non-commercial use by you. Any use of the Service or its Content other than for personal and non-commercial purposes is strictly prohibited.

2- Use of the Service

You may use the Platform to view information and material and participate in courses and content (Products).

2.2 In order to subscribe to use the Products, you will need to register as a user (Registered User) and create an account (Account).

2.3 You may access the Platform at any time, unless we have restricted access to perform necessary maintenance, updates or upgrades. Your ability to access the Platform will otherwise depend on factors outside our control and we do not guarantee that the Platform and the Services will be available at all times or accept any responsibility for factors outside of our control such as the quality of your internet connection, the type of computer or mobile device you use to access to our Platform.

2.4 The app is currently available on mobile devices running Android OS and Apple iOS and the Website are available on devices running compatible internet browsers. If the requirements for Android OS, Apple iOS, any compatible internet browser or any additional system we decide to extend the availability of the app to change, you may need to download or perform updates if you would like to continue your use of the app or Website. We do not accept any responsibility if your use of the app and the Services is affected during this time.

2.5 You acknowledge that you have no rights in, or to, the Website or app or technology used to support the Website or app, other than the right to use the Website and app in accordance with the Terms of Use.

3 - Account

3.1 At the time of becoming a Registered User you will be asked to create an Account. It is your responsibility to maintain the confidentiality and security of your Account and to ensure there is no unauthorised access. You are liable for any unauthorised use of your Account.

3.2 You agree to provide accurate up-to-date and complete information when you become a Registered User and create your Account.

4- Limitations on Use

4.1 By accessing and using the Website or app you warrant and agree that you will:

(a) not use the Website or app for any purpose not permitted under the Terms of Use;

(b) not use the Website or app for any commercial purpose without our prior written consent;

(c) not copy, transmit, distribute, reproduce, licence, alter, reverse engineer, adapt or modify the whole or any part of the Website or app in any way whatsoever;

(d) not hide, deface, alter or delete any copyright symbol, trade mark or other proprietary rights notice;

(e) not use the Website or app for any activity which is obscene, indecent, offensive or defamatory;

(f) not hack into, change or otherwise knowingly transmit a virus or otherwise damage the Website or app or any information contained within it;

(g) refrain from tampering with, hindering the operation of or making unauthorised modifications to the Website or app;

(h) not use the Website or app with an incompatible or unauthorised device;

(i) refrain from uploading onto the Website or app any material, or use the Website or app in any way which:

(i) infringes the intellectual property rights of any person; or

(ii) is unlawful or violates any law;

(j) not breach any other terms of the Terms of Use or our Privacy Policy.

5. Technical information and Security

5.1 The transmission of data over the internet and/or cellular network is not always secure. Although we endeavour to secure the Website and app, you access the Website and app at your own risk and we accept no responsibility for any interference, loss, damage, or disruption to your computer or mobile device or otherwise arising in connection with your use of the Platform.

5.2. Encryption is the best way to protect data during transfer and one way to secure stored personal data. We store the data necessary with the encryption and take all necessary steps and measures to update and modernize its data protection system.

5.2 You acknowledge that it is your responsibility to:

(a) implement sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output; and

(b) ensure that whatever you select for your use in the Website and app is free of viruses of anything else that may interfere with or damage the operations of your computer of mobile device.

5.3 We do not warrant that functions available on Website or in the app will be uninterrupted or error free, free of viruses or programming bugs or interferences due to factors outside our control.

6. Intellectual Property

6.1 The Website and app contains intellectual property including trade marks, confidential information and copyright, together with any goodwill or reputation and intellectual property rights subsisting in those things.

6.2 All intellectual property in the Website and app is owned by Moodcare or its licensors and unless permitted by law, you must not:

(a) adapt, reproduce, store, distribute, transmit, print, display, perform, publish or create derivative works from any part of the Website or app; or

(b) commercialise any information, products or services obtained from any part of Website or app without our prior written consent.

7. Moodcare Product Subscription

7.1 There are Products in the app that require payment before the Subscription can be processed (Paid Subscriptions). Paid Subscriptions will not be provided until payment in full has been received by us. We do not offer refunds for our Premium subscription.

7.2 Paid Subscriptions must be paid online through the app, Website, direct payment to Moodcare following receipt of an invoice or a secure payment site nominated by Moodcare (if applicable). The prices advertised for Paid Subscriptions are current at the time of display but may be changed by Moodcare at any time. Any changes to the prices for Paid Subscriptions will be effective from the date published and apply to all new Subscriptions or renewals of Subscriptions for the relevant Paid Subscriptions.

7.3 We reserve the right to accept, cancel or reject any Subscription for Products for any reason including, without limitation, where the Product is not available, there is an interference or disruption with the Website or app or the Subscription has been made in breach of these Terms of Use. You acknowledge that, subject to us refunding any payment received from you and to the extent permitted by law, you have no right or claim against us for any loss, damage, cost or expense arising from our cancellation or rejection of any Subscriptions for a Product.

8. Third Party Websites and apps

8.1 The Website and app may contain links to other websites and apps owned and operated by third parties. We are not responsible for the operation, security levels, content or any other aspect of any third party websites and mobile apps.

8.2 Links to third party websites and mobile apps are provided solely for your convenience and do not indicate our endorsement or affiliation of them or their products and services.

8.3 We make no representations or warranties and are not liable for:

(a) the content or accuracy of any information contained in linked websites and apps and third party websites and apps; and

(b) any loss or damage suffered as a result of access to, or use of, these third party websites and mobile apps, or the reliance on the information contained within.

8.4 You must make your own enquires as to the suitability of the content of third party websites and apps and the goods and services available for sale on them.

8.5 Third party websites and apps may be governed by their own terms and conditions (including their privacy policy), which will apply to your use and acquisition of their products or services. Accordingly, we strongly recommend that you read their terms and conditions.

9. Email Notifications and Push Notifications

9. 1 When you create an Account, you opt in to receiving communications (marketing emails, notifications, feedback surveys for product development). You may choose to stop receiving those communications by managing your notification settings, clicking the “unsubscribe” link at the bottom of our Email Notifications and also, you can opt out of those emails by sending email to hello@moodcare.app as well.

9.2 If you agree to receive Email Notifications, we will send emails to your nominated email address and you acknowledge and consent to receipt of those Email Notifications.

9.3 When you download and install the app on your mobile device, a pop-up may appear asking whether you would like to receive alerts, badges, banners and sounds (push notifications) from the app to your mobile device.

9.4 If you agree to receive push notifications, the app will generate push notifications (which may include notifications promoting our Products) on your mobile device and you acknowledge and consent to receipt of those Push Notifications.

9.5 You can choose to stop receiving push notifications at any time through the app’s settings menu.

10. Suspension or Termination

10.1 We reserve the right to suspend or terminate your access to the Website and/or app at our sole discretion, including if we believe there has been a breach of these Terms of Use.

10.2 If we suspend or terminate your access to the Website and/or app due to a breach of these Terms of Use, we will use reasonable efforts to notify you of the breach and ways in which you can remedy it.

10.3 Should you fail to remedy the breach within a reasonable time, you must immediately delete or remove the app from any and all mobile devices and immediately destroy all copies of the app in your possession or control and certify, if requested by us, that you have destroyed copies of the app.

10.4 We reserve the right to cease operating the Website and/or app at any time, without notice, and to terminate this agreement under the Terms of Use.

10.5 You have the right to terminate this agreement under the Terms of Use by deleting the app from your mobile device and ceasing use of the Website.

11. Warranties

11.1 By creating an Account, you warrant and agree that:

(a) you are a Registered User;

(b) all Products you subscribe to are for: (i) your own personal use;

(c) you are responsible for any error, omission or cost arising from a failure or delay to provide all information necessary to create an Account or use a Product;

(d) you will keep your Account details including your username and password confidential and secure;

(e) you will be solely responsible for all use of your Account.

11.2 While we endeavour to ensure the accuracy and completeness of the information contained on the Website and in the app, that information may contain errors and omissions and is subject to change.

11.3 To the maximum extent permitted at law, we make no representations or warranties of any kind, express or implied, in relation to the content, accuracy, completeness, suitability, accessibility, security or reliability of:

(a) any material and/or information on the Website or in the app (including the Products);

(b) the performance and availability of the Website or app (including the Products);

(c) the loss, damage or corruption of any data or other material as a result of the use of the Website or app (including the Products).

11. 4 To the maximum extent permitted by law, we make no warranties or guarantees that the use of the Website or app will achieve your desired state of clarity, calm and contentment or improve your mental state. The information, courses and programs provided on the Website or in the app are intended for the benefit of the general public and are not medical advice or intended to replace or substitute advice from a qualified healthcare professional.

12. Limitation of Liability

12.1 To the maximum extent permitted at law, the liability of Moodcare and our committee of management, officers, employees, agents, contractors, service providers, successors or assigns, for a failure to comply with a Non-Excluded Guarantee, is limited to, at Moodcare’s option:

(a) the replacement of the Product or the supply of the equivalent Product;

(b) the payment of the cost of replacing the Product or of acquiring equivalent Products;

(d) the payment of the cost of the having the Product repaired.

12.2 In circumstances where the Non-Excluded Guarantees do not apply, we and our committee of management, officers, employees, agents, contractors, service providers, successors or assigns exclude all liability for any loss or damage whatsoever (including but not limited to direct, indirect, incidental, special, consequential or exemplary damages) you may suffer arising out of, or in any way related to the service we provide (including in any way related to your use of the Website, app, Products or Accounts).

12.3 You indemnify and agree to keep us indemnified against any loss or damage or costs incurred by us in connection with any breach by you of the Terms of Use or of any other legal obligation by you or your use of, or conduct on, the Website and app.

12.4 You acknowledge that you do not rely on our skill or judgment or any representations made by us when deciding whether or not the Products are fit for any particular purpose.

13. Not a Medical Advice

13.1 You agree that the Service constitutes, in part, a self-help system designed to help you improve your own mood, and that if you choose to utilize the Service you are solely responsible for deciding which of the suggested techniques you put into practice and how you apply those techniques. As such, you agree that we are not a healthcare provider, and does not provide you with any actual medical advice.

13.2 Any advice or other materials provided through the Service are intended for general information purposes only. They are not intended to be relied upon and are not a substitute for professional medical advice based on your personal circumstances. Such advice and other materials are not intended to replace the advice of a healthcare providers. We are not liable or responsible for any actions taken due to your having used the Service. In particular, to the fullest extent permitted by law, we give no representation or warranties about the accuracy, completeness, or suitability for any purpose the advice, other materials and information published on or through the Service.

13.3 If you receive advice from a medical professional which conflicts with anything contained in the Service then the advice of the medical professional should take precedence. Never disregard professional medical advice or delay in seeking it because of something you have read through the Service. If you think you may have a medical emergency such as suicidal thoughts, major depression, or any other moderate to severe mental health disorders, contact a medical professional or call emergency numbers immediately.

14. Privacy

14.1 You acknowledge and agree that your personal information may be collected, held and used by us in accordance with our Privacy Policy. Please refer to our Privacy Policy for information on how we collect, use and disclose information from you.

15. General

15.1 We reserve the right to amend, modify, add, delete and make corrections to the Terms of Use at any time as follows: (i) if the we consider that the change is likely to benefit you or have a neutral or minor detrimental impact on you, we may make any changes immediately without notifying you except by publishing the amended Terms of Use (as applicable) on the Website; and (ii) if we consider that the change is likely to have a significant detrimental impact on your rights or obligations under these terms of Use and you have provided us with an email address, we will make the change after we have notified you of the change (solely by using the email address you have provided) and will display a notice on the Website describing the change. Your continued use of the Website and/or app after an amendment will mean that you agree to that amendment. You must stop using the Website and app if you do not agree to an amendment.

15.2 If any part of the Terms of Use are determined to be illegal, invalid or otherwise unenforceable or void that part shall be severed to the extent necessary and the remainder of the Terms of Use shall continue in full force and effect.

15.3 No waiver of any breach of the Terms of Use will be construed as a waiver of any other breach of the Terms of Use.

15.4 The Terms of Use are governed by and construed in accordance with the laws of Turkey and any claim made by either party against the other which in any way arises out of the Terms of Use will be heard in Turkey and you agree to submit to the jurisdiction of those courts. The Website and app may be accessed throughout Turkey and overseas. We make no representation that the Website or app complies with the laws of any country outside Turkey. If you access the Website or app from outside Istanbul Central Courts and Execution Offices, you do so at your own risk and are responsible for complying with the laws in the place where you access the Website or app (as applicable). To the extent permitted by law, we exclude all liability for any failure of the Website or app to comply with the laws of any jurisdiction outside of Turkey.

15.5 For further information on using the Website and app, please contact Moodcare at hello@moodcare.app.