Terms of Service

1. Acceptance of Terms

By accessing or using the MoodStead application, website, and related services (collectively, the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not access or use the Service.

These Terms constitute a legally binding agreement between you ("User," "you," or "your") and MoodStead ("we," "our," or "us"). By creating an account or using any part of the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.

You must be at least 13 years of age (or 16 in the European Economic Area) to use the Service. By using the Service, you represent and warrant that you meet this age requirement.

2. Description of Service

MoodStead is a mental health tracking and wellness application that provides tools for monitoring mood, sleep, medication, symptoms, and other health-related data. The Service also includes therapeutic exercises such as CBT thought records, behavioral activation planning, journaling, breathing exercises, and safety planning tools.

MoodStead is not a medical device. The Service is designed as a personal wellness and self-management tool. It has not been evaluated, cleared, or approved by the U.S. Food and Drug Administration (FDA) or any other regulatory body as a medical device. The Service does not diagnose, treat, cure, or prevent any disease or medical condition.

3. User Accounts

Registration

To access certain features of the Service, you must create an account by providing a valid email address and creating a password. You may also sign up using supported third-party authentication providers.

Account Accuracy

You agree to provide accurate and complete information when creating your account and to keep your account information up to date. You are solely responsible for the accuracy of the information you provide.

Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately at support@moodstead.com if you become aware of any unauthorized use of your account or any other breach of security. We are not liable for any loss or damage arising from your failure to maintain the security of your account.

4. Subscription & Payments

Free Tier

MoodStead offers a free tier with access to core features including daily mood tracking, basic journaling, safety planning, and breathing exercises. The free tier may have limitations on data history retention and access to certain advanced features.

Premium Subscriptions

Premium features are available through paid subscription plans offered on a monthly or annual basis. Premium subscriptions unlock additional features including CBT thought records, behavioral activation, advanced insights and reports, unlimited data history, data export, and priority support.

Billing

All payments are processed securely through Lemon Squeezy, our third-party payment provider. By subscribing to a Premium plan, you authorize Lemon Squeezy to charge the applicable subscription fee to your chosen payment method. Subscription fees are billed in advance on a recurring basis (monthly or annually, depending on your chosen plan).

Cancellation

You may cancel your Premium subscription at any time through your account settings. Upon cancellation, you will continue to have access to Premium features until the end of your current billing period. After the billing period ends, your account will revert to the free tier. No partial refunds are provided for unused portions of a billing period, except as provided under our 30-day money-back guarantee.

Price Changes

We reserve the right to modify subscription pricing. Any price changes will be communicated to existing subscribers at least 30 days in advance and will take effect at the start of the next billing period. If you do not agree to a price change, you may cancel your subscription before the new price takes effect.

5. User Content

Ownership

You retain full ownership of all content and data you create, upload, or record through the Service ("User Content"), including mood entries, journal entries, voice recordings, thought records, and all other health tracking data. MoodStead does not claim ownership of your User Content.

License to Process

By using the Service, you grant MoodStead a limited, non-exclusive, non-transferable license to store, process, and display your User Content solely for the purpose of providing, maintaining, and improving the Service. This license terminates when you delete your User Content or your account.

Backup Responsibility

While we implement robust data protection measures, you are encouraged to regularly export and back up your data. MoodStead is not liable for any loss of User Content due to circumstances beyond our reasonable control, including but not limited to hardware failures, natural disasters, or cyberattacks.

6. Prohibited Uses

You agree not to use the Service for any of the following purposes:

• Misrepresenting your identity or impersonating any person or entity.
• Attempting to gain unauthorized access to any part of the Service, other user accounts, or any systems or networks connected to the Service.
• Reverse engineering, decompiling, disassembling, or otherwise attempting to derive the source code of the Service or any component thereof.
• Using the Service to distribute malware, viruses, or any other harmful or malicious software.
• Uploading or transmitting content that is illegal, threatening, abusive, defamatory, or otherwise objectionable.
• Using the Service in any manner that could disable, overburden, damage, or impair the Service or interfere with any other party's use of the Service.
• Using automated scripts, bots, or other means to access the Service for any purpose without our express written permission.
• Reselling, sublicensing, or commercially exploiting any part of the Service without our express written consent.

7. Intellectual Property

The Service, including its design, code, features, graphics, logos, trademarks, and all other intellectual property, is owned by MoodStead and is protected by applicable intellectual property laws. You are granted a limited, non-exclusive, non-transferable, revocable license to use the Service for its intended purpose, subject to these Terms.

As stated in Section 5, your User Content remains your property. Nothing in these Terms transfers ownership of your data to MoodStead.

8. Medical Disclaimer

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MINDANCHOR AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• Your access to, use of, or inability to access or use the Service;
• Any conduct or content of any third party on the Service;
• Any content obtained from the Service;
• Unauthorized access, use, or alteration of your transmissions or content;
• Any decisions or actions taken based on information provided through the Service.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE SERVICE EXCEED THE AMOUNT YOU HAVE PAID US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED U.S. DOLLARS ($100), WHICHEVER IS GREATER.

10. Indemnification

You agree to indemnify, defend, and hold harmless MoodStead and its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or in connection with: (a) your use of or access to the Service; (b) your violation of these Terms; (c) your violation of any rights of another party; or (d) your User Content.

11. Termination

Termination by You

You may terminate your account at any time by deleting your account through the app settings or by contacting us at support@moodstead.com. Upon termination, your data will be permanently deleted from our servers within 30 days, unless otherwise required by law.

Termination by Us

We reserve the right to suspend or terminate your access to the Service at any time, with or without cause and with or without notice, if we reasonably believe that you have violated these Terms or if your continued use poses a risk to the Service, other users, or third parties. In the event of termination for cause, you will not be entitled to a refund of any prepaid subscription fees.

Effect of Termination

Upon termination, your right to use the Service will immediately cease. Sections of these Terms that by their nature should survive termination shall survive, including but not limited to Sections 5 (User Content ownership), 7 (Intellectual Property), 8 (Medical Disclaimer), 9 (Limitation of Liability), 10 (Indemnification), and 13 (Governing Law).

12. Changes to Terms

We reserve the right to modify these Terms at any time. When we make material changes, we will notify you by email and/or by posting a prominent notice within the Service at least 30 days before the changes take effect. Your continued use of the Service after the effective date of the revised Terms constitutes your acceptance of those changes.

If you do not agree to the revised Terms, you must stop using the Service and delete your account before the changes take effect.

13. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions. Any legal action or proceeding arising under these Terms shall be brought exclusively in the federal or state courts located in the State of Delaware, and you hereby consent to the personal jurisdiction and venue of such courts.

If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, that provision shall be enforced to the maximum extent permissible, and the remaining provisions of these Terms shall remain in full force and effect.

14. Contact Us

If you have any questions or concerns about these Terms of Service, please contact us at:

For general support inquiries, please contact support@moodstead.com.