Terms of Use

Last Updated: January 2025

1. Acceptance of Terms

Welcome to MoodTrue ("we," "our," or "us"). These Terms of Use ("Terms") govern your access to and use of the MoodTrue website, mobile application, and related services (collectively, the "Service"). By accessing or using our Service, you agree to be bound by these Terms and our Privacy Policy.

If you do not agree to these Terms, please do not use our Service. We reserve the right to modify these Terms at any time, and such modifications will be effective immediately upon posting. Your continued use of the Service after any such modifications constitutes your acceptance of the modified Terms.

2. Description of Service

MoodTrue is a music mood analytics platform that provides personalized music recommendations, mood-based playlists, and music discovery features. Our Service integrates with third-party music streaming services, including Spotify, to provide you with a personalized music experience based on your listening patterns and mood preferences.

The Service includes, but is not limited to:

  • AI-powered music search and discovery
  • Mood-based playlist creation and recommendations
  • Music listening pattern analysis
  • Social features including user profiles, posts, and interactions
  • Premium subscription features and services

3. User Accounts and Registration

3.1 Account Creation

To use certain features of our Service, you must create an account. When creating an account, you agree to:

  • Provide accurate, current, and complete information
  • Maintain and promptly update your account information
  • Maintain the security of your password and account
  • Accept responsibility for all activities that occur under your account
  • Notify us immediately of any unauthorized use of your account

3.2 Account Eligibility

You must be at least 13 years old (or the minimum age required in your jurisdiction) to create an account. By creating an account, you represent and warrant that you meet this age requirement and have the legal capacity to enter into these Terms.

3.3 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. We are not liable for any loss or damage arising from your failure to protect your account information.

4. User Conduct and Responsibilities

4.1 Acceptable Use

You agree to use our Service only for lawful purposes and in accordance with these Terms. You agree not to:

  • Violate any applicable laws, regulations, or third-party rights
  • Infringe upon intellectual property rights of others
  • Upload, post, or transmit any content that is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable
  • Impersonate any person or entity or falsely state or misrepresent your affiliation with any person or entity
  • Interfere with or disrupt the Service or servers or networks connected to the Service
  • Attempt to gain unauthorized access to any portion of the Service, other accounts, computer systems, or networks
  • Use automated systems (bots, scrapers, etc.) to access the Service without our express written permission
  • Collect or store personal data about other users without their consent
  • Use the Service to transmit any viruses, malware, or other harmful code
  • Engage in any activity that could damage, disable, or impair the Service

4.2 User Content

You retain ownership of any content you post, upload, or share on our Service ("User Content"). However, by posting User Content, you grant us a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and sublicensable license to use, reproduce, modify, adapt, publish, translate, distribute, and display such User Content in connection with the Service.

You represent and warrant that:

  • You own or have the necessary rights to post the User Content
  • The User Content does not violate any third-party rights
  • The User Content complies with these Terms and applicable laws

4.3 Content Moderation

We reserve the right, but not the obligation, to monitor, review, edit, or remove any User Content at our sole discretion. We may remove content that violates these Terms or is otherwise objectionable, without prior notice.

5. Third-Party Services and Integrations

5.1 Spotify Integration

Our Service integrates with Spotify to provide music-related features. By connecting your Spotify account, you agree to:

  • Comply with Spotify's Terms of Service and Privacy Policy
  • Authorize us to access your Spotify account data as described in our Privacy Policy
  • Understand that we are not responsible for Spotify's services or policies

You can disconnect your Spotify account at any time through your account settings. Disconnecting may limit or disable certain features of our Service.

5.2 Other Third-Party Services

Our Service may contain links to or integrate with third-party websites, services, or applications. We are not responsible for the content, privacy practices, or terms of service of such third parties. Your interactions with third-party services are solely between you and the third party.

6. Premium Subscriptions and Payments

6.1 Subscription Plans

We offer premium subscription plans that provide access to additional features and services. Subscription fees, billing cycles, and features are described on our pricing page and may vary by region.

6.2 Payment Terms

  • Subscription fees are charged in advance on a recurring basis (monthly or annually, as selected)
  • All fees are non-refundable except as required by law or as otherwise stated
  • We use third-party payment processors (such as Stripe) to handle payments
  • You agree to provide accurate payment information and authorize us to charge your payment method

6.3 Subscription Renewal and Cancellation

Subscriptions automatically renew unless cancelled before the end of the current billing period. You can cancel your subscription at any time through your account settings. Cancellation will take effect at the end of the current billing period, and you will continue to have access to premium features until that time.

6.4 Price Changes

We reserve the right to modify subscription prices at any time. Price changes will be communicated to you in advance and will apply to subsequent billing periods. Continued use of the Service after a price change constitutes acceptance of the new pricing.

7. Intellectual Property Rights

7.1 Our Intellectual Property

The Service, including its original content, features, functionality, design, logos, trademarks, and software, is owned by MoodTrue and is protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

7.2 Limited License

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal, non-commercial use.

7.3 Restrictions

You may not:

  • Copy, modify, distribute, sell, or lease any part of the Service
  • Reverse engineer or attempt to extract the source code of the Service
  • Remove any copyright, trademark, or other proprietary notices from the Service
  • Use our trademarks, logos, or brand features without our prior written consent

8. Disclaimers and Limitations of Liability

8.1 Service Availability

We strive to provide a reliable Service, but we do not guarantee that the Service will be available, uninterrupted, secure, or error-free. The Service is provided "as is" and "as available" without warranties of any kind, either express or implied.

8.2 Disclaimer of Warranties

To the fullest extent permitted by law, we disclaim all warranties, express or implied, including but not limited to:

  • Merchantability and fitness for a particular purpose
  • Accuracy, reliability, or completeness of the Service
  • Non-infringement of third-party rights
  • Uninterrupted or error-free operation

8.3 Limitation of Liability

To the fullest extent permitted by law, in no event shall MoodTrue, its affiliates, officers, directors, employees, or agents be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:

  • Loss of profits, data, or use
  • Business interruption
  • Personal injury or property damage
  • Losses resulting from unauthorized access or use of the Service

Our total liability for any claims arising from or related to the Service shall not exceed the amount you paid us in the twelve (12) months preceding the claim, or $100, whichever is greater.

9. Indemnification

You agree to indemnify, defend, and hold harmless MoodTrue, its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or relating to:

  • Your use of the Service
  • Your violation of these Terms
  • Your violation of any third-party rights
  • Any User Content you post or transmit

10. Termination

10.1 Termination by You

You may terminate your account at any time by deleting your account through contacting us.

10.2 Termination by Us

We reserve the right to suspend or terminate your account and access to the Service at any time, with or without cause or notice, for any reason, including but not limited to:

  • Violation of these Terms
  • Fraudulent, abusive, or illegal activity
  • Extended periods of inactivity
  • Requests by law enforcement or government agencies

10.3 Effect of Termination

Upon termination, your right to use the Service will immediately cease. We may delete your account and User Content, though some information may be retained as required by law or for legitimate business purposes. Provisions of these Terms that by their nature should survive termination will survive.

11. Dispute Resolution

11.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of [Your Jurisdiction], without regard to its conflict of law provisions.

11.2 Dispute Resolution Process

In the event of any dispute, claim, or controversy arising out of or relating to these Terms or the Service, you agree to first contact us to attempt to resolve the dispute informally. If we cannot resolve the dispute within 60 days, you agree to resolve the dispute through binding arbitration in accordance with the rules of [Arbitration Organization].

11.3 Class Action Waiver

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

12. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by:

  • Posting the updated Terms on this page
  • Updating the "Last Updated" date
  • Sending you an email notification (for significant changes)
  • Displaying a notice on our Service

Your continued use of the Service after any changes constitutes your acceptance of the modified Terms. If you do not agree to the modified Terms, you must stop using the Service.

13. Miscellaneous

13.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and MoodTrue regarding the Service.

13.2 Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

13.3 Waiver

Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

13.4 Assignment

You may not assign or transfer these Terms or your account without our prior written consent. We may assign these Terms without restriction.

14. Contact Us

If you have any questions about these Terms of Use, please contact us:

MoodTrue Support Team

Email: [email protected]

Website: https://moodtrue.com