Terms of Use — Mood Swing

Not medical advice. Mood Swing is a wellness companion, not a medical device. It does not diagnose, treat, or prevent any mental or physical health condition. If you are in crisis, please contact emergency services or a qualified professional. findahelpline.com lists helplines in 130+ countries.

1. Acceptance of these terms

By accessing or using Mood Swing (the "Service"), including the app at moodswing-16051.web.app and the landing page at moodswingapp.com, you agree to be bound by these Terms of Use. If you do not agree, do not use the Service.

These terms form a legally binding agreement between you and Mood Swing (operated by Eric Michis, Romania, EU).

2. The service

Mood Swing provides a digital wellness companion for emotional check-ins, guided breathing, journaling, audio meditations, and peer community spaces. The Service is designed to support everyday emotional awareness; it is not a substitute for therapy, counselling, psychiatric treatment, or any medical care.

We may update, change, or discontinue features at any time. We will give reasonable notice for material changes that affect your use of the Service.

3. Eligibility

You must be at least 13 years old to use the Service.
You must be at least 18 years old (or the applicable age of majority in your jurisdiction) to purchase premium subscriptions.
If you are between 13 and 17, you represent that a parent or guardian has reviewed and consented to your use of the Service.
By using the Service, you represent and warrant that you meet these eligibility requirements.

4. Accounts

You are responsible for maintaining the confidentiality of your account credentials. You agree to:

Provide accurate and complete registration information.
Notify us immediately of any unauthorised access to your account.
Not share your account with, or transfer it to, another person.
Accept responsibility for all activities that occur under your account.

We reserve the right to suspend or terminate accounts that violate these terms, engage in fraudulent activity, or pose a risk to other users.

5. User-generated content

5a. Your content, your responsibility

When you post content to Mood Swing community spaces ("UGC" — posts, comments, reactions), you retain ownership of that content. However, you represent and warrant that:

You have the right to post it — it does not infringe third-party intellectual property, privacy, or other rights.
It does not violate these Terms or any applicable law.
You are solely responsible for any harm or liability arising from your content.

5b. License grant

By posting UGC, you grant Mood Swing a worldwide, non-exclusive, royalty-free, sublicensable license to store, display, distribute within the Service, and moderate your content for the purpose of operating and improving the Service. This license ends when you delete your content or account, subject to technical propagation delays.

5c. Moderation and removal

We do not pre-screen UGC, but we reserve the right to remove or restrict any content that, in our sole discretion, violates these Terms, applicable law, or the safety of our community. We are not liable for any UGC posted by users, nor are we responsible for monitoring all content.

To report harmful content, email moodswing.app@yahoo.com with a description and, if possible, a link or screenshot.

5d. Safe-messaging standard

Mood Swing is used by people in emotionally vulnerable states. All community posts must follow safe-messaging guidelines for mental health: do not glorify, romanticise, or provide instructions for self-harm, suicide, or crisis behaviour. Violations will result in immediate content removal and may result in account suspension.

6. Prohibited conduct

You agree not to use the Service to:

Self-harm promotionGlorify, romanticise, or instruct self-harm, suicide, or eating disorders

HarassmentTarget, bully, threaten, or intimidate other users

Hate speechPost content that attacks groups based on identity (race, religion, gender, sexuality, disability, etc.)

MisinformationSpread false claims about mental health treatments, crisis resources, or the Service

Spam and advertisingPost unsolicited commercial content, affiliate links, or repetitive messages

ImpersonationImpersonate Mood Swing, its team, mental health professionals, or other users

Illegal activityUse the Service for any purpose that is unlawful in your jurisdiction or ours

Security attacksAttempt to reverse-engineer, scrape, or disrupt the Service's infrastructure

Violation of these rules may result in immediate account suspension without notice and without refund of any premium subscription fees.

7. Copyright and DMCA

We respect intellectual property rights. If you believe content on Mood Swing infringes your copyright, send a DMCA takedown notice to moodswing.app@yahoo.com with the following information:

Identification of the copyrighted work claimed to be infringed.
Identification of the infringing material and its location on our Service.
Your contact information (name, address, email, phone).
A statement that you have a good-faith belief the use is not authorised by the copyright owner, its agent, or law.
A statement, under penalty of perjury, that the information is accurate and you are authorised to act on behalf of the copyright owner.
Your physical or electronic signature.

We act as an intermediary and qualify for safe-harbour protections under applicable law (including the EU Digital Services Act and US DMCA Section 512). We will remove infringing content promptly upon receiving a valid notice.

8. Premium features

Mood Swing offers optional premium features via in-app subscription. Premium features unlock additional content, customisation, and community capabilities. The free tier remains fully functional for core wellness use.

Billing: Premium subscriptions are billed through the payment provider indicated at checkout. All fees are in EUR unless otherwise stated.
Cancellation: You may cancel at any time. Access continues until the end of the billing period; no partial refunds are issued for unused time.
Refunds: We offer refunds at our discretion for technical issues that prevent use of paid features. Requests must be made within 14 days of the charge. EU consumers have a statutory 14-day right of withdrawal for digital services where delivery has not yet begun.
Price changes: We will notify you at least 30 days before changing your subscription price.

9. Wellness disclaimer

Mood Swing is a general wellness tool, not a medical device, clinical tool, or mental health service. It is not regulated as a medical device in the EU, US, or any other jurisdiction.

Nothing in the Service constitutes medical advice, diagnosis, or treatment. The breathing exercises, check-in prompts, reflection guides, and audio content are for general wellness purposes only.

If you are experiencing a mental health crisis, severe depression, suicidal thoughts, psychosis, or any other serious mental health symptom, please seek help from a qualified professional. The Service will direct you to local crisis resources when crisis signals are detected, but this is not a substitute for professional care.

By using the Service, you acknowledge and accept this limitation.

10. Intellectual property

All Mood Swing branding, design, code, copy, audio content, and features (excluding UGC) are the intellectual property of Mood Swing / Eric Michis. You may not copy, reproduce, distribute, or create derivative works from any part of the Service without prior written consent.

The Mood Swing name, logo, and taglines are unregistered trademarks of Eric Michis. Unauthorised use is prohibited.

11. Limitation of liability

To the maximum extent permitted by applicable law, Mood Swing and its operators will not be liable for:

Indirect, incidental, special, consequential, or punitive damages arising out of your use of the Service.
Any mental health outcomes, adverse reactions to wellness practices, or reliance on content in the Service.
Content posted by other users (UGC).
Service interruptions, data loss, or security incidents caused by third-party infrastructure (Firebase, etc.).

Our aggregate liability to you for any claim shall not exceed the greater of (a) the amount you paid for the Service in the 12 months before the claim, or (b) EUR 100.

Nothing in these terms limits liability for death or personal injury caused by our negligence, or for fraud or fraudulent misrepresentation, or for any other liability that cannot be limited by law. EU consumers retain non-waivable statutory protections under applicable consumer protection law.

12. Indemnification

You agree to defend, indemnify, and hold harmless Mood Swing and its operators from and against any claims, damages, losses, and costs (including legal fees) arising out of: (a) your use of the Service in violation of these Terms; (b) UGC you post; or (c) your violation of any third-party right.

13. Termination

You may delete your account at any time from Settings → Data & Privacy. We may suspend or terminate your access at any time for violation of these Terms, with or without notice. Upon termination, your right to use the Service ceases immediately, and we will delete your data per our Privacy Policy.

Sections 5b (license), 10 (IP), 11 (liability), 12 (indemnity), and 14 (governing law) survive termination.

14. Governing law and disputes

These Terms are governed by the laws of Romania and the European Union, without regard to conflict-of-law principles.

If you have a dispute with us, please contact us first at moodswing.app@yahoo.com. We will attempt to resolve disputes informally within 30 days. If resolution is not possible, disputes shall be submitted to the competent courts of Romania.

EU consumers may also use the EU Online Dispute Resolution platform.

15. Changes to these terms

We may update these Terms at any time. We will notify you of material changes by updating the effective date above and, for app users, by displaying an in-app notice at least 14 days before the change takes effect. Continued use after the effective date constitutes acceptance.

16. Contact

Questions about these Terms: moodswing.app@yahoo.com

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