The terms and conditions (the “Terms” or “Conditions”) listed in this document relate to any and all current and future products (“Products”) produced, released, or marketed by Mood Candy, LLC (“Moody Candy”, “We”, or “Us”). This includes, but is not limited to, Mood Candy’s mobile applications (“Apps”) for both iOS and Android operating systems. These Terms also apply to photos, videos, blogs, meditations, stories, or any other form of media (collectively called “Content”) that is shared with Users. Content can be generated by Mood Candy or Users and can be shared or disseminated through any of our Products.
These Terms and conditions apply to any person (the “User” or “Users”) who downloads, purchases, or uses Mood Candy Products on any platform (“Devices”) including mobile, desktop, laptop, or tablet. If a User is not comfortable with any of the Terms listed in this document, they should refrain from using Mood Candy Products.
Since our Products are constantly evolving, these Terms might change as per the need of Mood Candy or any of its Products. Mood Candy reserves the right to update any portion of its Terms at its sole discretion. These changes will either be reflected on our website or in certain cases, be communicated to Users through an email, pop-up notification, or our Apps. By continuing to use our Products, you agree that you will abide by these Terms and Conditions.
In case of any question about the Terms and Conditions listed in this document, please feel free to email us at as@resilientoption.com. This email address can also be used to provide feedback on our Products.
Product Changes Based on User Feedback
By providing feedback to Mood Candy on Products, you grant Mood Candy full, royalty or license-free rights to create and fully own Content, additional Products, or anything else that might be classified as intellectual property in perpetuity.
Responsible Use of Products
Several independent research studies have shown that content similar to that shared in Mood Candy’s app can help users reduce stress and enhance mental well-being. However, Mood Candy is not a registered medical services provider or a medical device company. As such, our Products are not meant to substitute the use of a licensed medical practitioner. Users should consult a licensed medical practitioner such as a physician if they are seeking diagnosis or treatment of any physical or mental health condition. Users are responsible for ensuring they use Mood Candy products in a safe environment, which doesn’t put them or anyone around them in any sort of danger.
The U.S. Food and Drug Administration has not certified any Mood Candy Products. If Users experience any negative effects because of Mood Candy’s Products, they should stop using them immediately and consult a medical practitioner to seek therapy, diagnosis, or medication.
Eligibility and Requirements
Mood Candy Users need to be at least 18 years old to use our Products. In case a User is less than 18 years old, they require explicit permission from a parent or legal guardian allowing them to use Mood Candy. In this case, the parent or legal guardian is subject to Mood Candy’s Terms and Conditions.
In order to purchase any Mood Candy Product a User needs to be at least 18 years old. The User also needs to be able to form a signing contract and should not be prohibited by law from using Mood Candy’s Products.
Signing Up
In order to start using Mood Candy, a User will need to sign-up and create a user profile (“Profile”). A single User can have only one Profile, which they are free to access through different Devices. In order to create a Profile, Mood Candy will use information from their email account. By using Mood Candy, Users give us permission to get basic demographic and background information about them from their email account.
In order to continue using Mood Candy, Users need to ensure that their information is thorough, accurate, and updated at regular intervals. Failure to provide correct information will lead to temporary or permanent suspension of the User’s account. This will be done at the discretion of Mood Candy. If a User’s Profile information is compromised in any way, it is their responsibility to inform Mood Candy as soon as they learn about the data or information breach. The User will be held accountable for any unlawful use, by them or otherwise, of their account.
Subscription Fees
In order to use Mood Candy’s Products, a User must pay a subscription fee (“Fee” or “Fees”). This fee will allow them to use Mood Candy’s Product for a pre-determine period (“Term”). At the end of each Term, the User will automatically be charged the Fee for the subsequent Term. In order to avoid being charged, the User must cancel or modify their subscription before the start of the Term. Users can cancel their subscription by contacting XYZ@ABC.com. The amount and frequency of Fees will depend on the type and tier of Product the User signs up for and will be made clear on Mood Candy’s website.
It is the responsibility of the User to read the scope of services before signing up. If the User has any questions or concerns about the pricing or scope of services offered, they must contact Mood Candy at as@resilientoption.com before signing up.
Change in Fees or Scope of Service
Mood Candy reserves the right to change the subscription Fee at its sole discretion. In case our Fee changes, Mood Candy will inform Users about all relevant specifics including the amount and timing of the change. These changes will be applicable to future payments. If a User is not willing to bear the change in Fees, they should cancel their subscription immediately or reach out to us at as@resilientoption.com.
Similarly, Mood Candy holds the right to change the scope of service in a specific tier of any of our Products. If there is a material change, Mood Candy will inform Users through email or through an update on our website.
Payment Method
In order to collect Fees from Users, Mood Candy requires them to provide personal financial information. This includes credit card information including, but not limited to, full name, credit card number, credit card type, credit card expiration date, and credit card CVV number. Mood Candy reserves the right to temporarily or permanently ban a User if any of their financial information is found to be incorrect or fraudulent. If required, Mood Candy may conduct additional background and identity verification checks by asking for more information from the User. By providing any personal or financial information, a User allows Mood Candy to use the information to process their Fee. Mood Candy might share the information with third party application hosting platforms such as Apple or Google (“Application Hosts”). The User also agrees to pay any additional taxes that are levied by the Application Hosts.
Fees paid by Users to Mood Candy are non-refundable. A User is also prohibited from transferring these Fees to another User’s account. A confirmation of purchase will be sent to users once the Fee has been successfully processed.
The Content shared or generated through any Mood Candy Products is owned by Mood Candy in its entirety. We hold full right to create derivative Products or Content using any of it. Users are prohibited from infringing on Mood Candy’s intellectual property, copyright, or trademark rights as laid out by the Government of the United States or other countries where our Products or Content might be sold.
Reproducing any Content and using it for commercial or non-commercial purposes without the explicit written consent of Mood Candy is also prohibited. Paying a Fee and subscribing to our Products allows Users to access Mind Candy solely for their personal use.
Content Created Through User Feedback or Engagement
Mood Candy’s ownership of Content extends to any Content created through feedback provided by Users or their engagement with Mood Candy Products. This gives Mood Candy the right to create derivative works or additional services that can be sold worldwide in perpetuity. Users are not entitled to royalties, payments, or any other form of compensation for Products created by Mood Candy based on their engagement or feedback.
Mood Candy also certifies that unless otherwise noted, any Content created and uploaded on its platform including, but not limited to stories, blogs, videos etc. is fictitious and is not meant to offend any individual or group of individuals. Any resemblance to a person, living or dead, is purely coincidental.
Users are provided a limited license that cannot be transferred, sub-licensed, or sold by Mood Candy. By downloading and/or using any Mood Candy Products, Users agree to abide by local and national laws governing the use of these Products. Mood Candy is not responsible for any laws broken by Users. Users also agree to not produce any derivative work of Mood Candy products. They are also prohibited from trying to reverse engineer Products’ code base or technology. Mood Candy has the right to revoke a Users’ license if it feels a User is not engaging in ethical and legal use of Products.
If a User downloads a Product from an Application Host, it is the User’s responsibility to follow the platform’s terms and conditions. The Terms set forth in this document govern the relationship between the User and Mood Candy, and not the Application Host and Mood Candy. The decision to resolve any dispute, claim, or liability relating to any Mood Candy Products will be made by Mood Candy, and not the Application Host.
Through its Products, Mood Candy might apprise users of additional products, services, or platforms that Users might find helpful. In such cases, Mood Candy might also provide direct links to websites of these products, services, and platforms. Users should note that Mood Candy is not responsible for these platforms’ adherence to local, regional, or national law. Further, any harm or damage caused to Users because of the use of these products is not the responsibility of Mood Candy. It is up to Users to do their own research before deciding whether or not to use them.
Mood Candy does not provide any warranty for any of its Products or Content. Mood Candy cannot be held liable for their quality or accuracy. All Products and Content are provided “as is”.
Users agree to indemnify and hold harmless Mood Candy and its directors, employees, officers, and agents, from any and all claims, liabilities, expenses, including reasonable attorney fees and accounting expenses, that might result from their use of Mood Candy Products.
Mood Candy or its affiliates that have been involved in developing its Products will not be responsible for any damages resulting from the use of its Products. Such damages can include loss of data, financial losses, or negative impacts on health and wellbeing. If your jurisdiction does not allow the exclusion of incidental damages, this limitation on liability does not apply to you. Under no circumstances will the scope of liability be higher than the subscription fees you pay Mood Candy.
Legislature
The Terms listed in this document will be governed by the laws of the state of Minnesota. The only exemption to this condition is when U.S. federal law preempts Minnesota state law.
Arbitration Agreement
By agreeing to these Terms, Users agree that any dispute arising between them and Mood Candy will be resolved informally or through a small claims court. However, if a matter cannot be resolved through these means, it will be resolved through binding arbitration. The only exception to this will be when Mood Candy or the User is seeking injunctive or other equitable relief in a court to resolve a dispute involving copyrights, trade secrets, trademarks, logos, or intellectual property rights.
Notice of Arbitration and Opt-Out Clause
By agreeing to these Terms and Conditions, you agree that you will not initiate or participate in a class action lawsuit or class-wide arbitration against Mood Candy. Any controversy, disagreement, or dispute that arises between you and any representative of Mood Candy will be resolved through individual arbitration and shall be binding and final.
You have the option to opt-out of this clause by providing Mood Candy a written notice within the first thirty (30) days of using any of our Products. In order to exercise this right, you need to send an email to as@resilientoption.com stating your desire to do so. If you do not send an email within the first thirty (30) days of using our product, you explicitly agree that you do not have the right to trial by jury or the ability to act as a plaintiff or member of a class action lawsuit against Mood Candy.
Rules of Arbitration
The arbitration will be governed by the American Arbitration Association (“AAA”). AAA will arbitrate in accordance with Consumer Arbitration Rules and Commercial Arbitration Rules (“AAA rules”). For more information about these rules, please visit the AAA website (www.adr.com) or call AAA at 1-800-778-7879. A neutral arbitrator will arbitrate the matter, which will be governed by the Federal Arbitration Act.
Mechanics of Arbitration
The AAA’s rules will govern the mechanics of the arbitration process. A written notice must be provided to initiate it. The arbitration will solely focus on the matter being disputed and cannot be combined with anything else. It will be performed by a licensed practitioner who is a part of AAA’s list of approved arbitrators. The arbitrator will have the authority to arbitrate a part of or the entire dispute. Both parties involved in the dispute need to finalize who the arbitrator will be within seven days of delivery of the Demand of Arbitration (which needs to be submitted by the party initiating arbitration as per AAA guidelines). Failure to do will result in AAA appointing an arbitrator. The decision made the arbitrator will be final and binding. The arbitrator will provide a written explanation of the decision, which will include details of the arbitration award.
Location of Arbitration
If the arbitration claim is $10,000 or less, the proceeding will take place solely based on documents provided by both parties. Unless the arbitrator decides otherwise, neither party will be required to appear for an in-person meeting or telephonic hearing. If an in-person hearing is requested by the arbitrator, he or she will decide a place for the hearing that is convenient to all parties involved. If the claim is great than $10,000 the arbitrator will decide the most convenient path forward, which could include electronic exchange of information, a telephonic hearing, or an in-person hearing. The decision around the most appropriate medium of information exchange shall always be governed by AAA rules and guidelines.
Arbitration Fees
The AAA rules define what your portion of the AAA administrative fee and arbitration fee will be. The remaining amount will be paid by Mood Candy. However, if the arbitrator finds your claims to be frivolous (as measured in the standards set forth in the Federal Rule of Civil Procedure 11(b)), AAA rules will determine the fees that you need to pay.
Mood Candy reserves the right to transfer these Terms at any time to the extent it does not affect your rights under it. The User, however, does not have to transfer these terms at any point. The Terms listed in this document define the scope of the relationship between the User and Mood Candy. As such, they supersede any other agreement between the User and Mood Candy. Any exception, including waiver of these Terms needs to be provided by a legally authorized officer or representative of Mood Candy.
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