Terms & Services
1. LICENSE. The Software is licensed, not sold. Moodwave grants you a revocable, non-exclusive, non-transferable, non-sublicensable, limited right and license to use one copy of the Software for your personal non-commercial use on a single device. The rights granted herein are subject to your compliance with this EULA. The Software is being licensed to you and you hereby acknowledge that no title or ownership in the Software is being transferred or assigned and this EULA is not to be construed as a sale of any rights in the Software.
*2. ARBITRATION NOTICE; JURY TRIAL AND CLASS ACTION WAIVER*. Please read carefully as this requires you to arbitrate disputes with Moodwave and limits the manner in which you can seek relief, including a limitation on the right to litigate claims in a court or before a jury or to participate in a class action.(a) Arbitration Agreement. You acknowledge that you and Moodwave agree that disputes arising out of, relating to, or in connection with the EULA or your use of the Software Product that cannot be resolved informally or in small claims court will be resolved by mandatory binding arbitration on an individual basis. However, you and Moodwave are not required to arbitrate any dispute which either party seeks equitable relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents.(b) Arbitration Rules. The Federal Arbitration Act governs the interpretation and enforcement of this dispute-resolution provision. Arbitration will be initiated through the American Arbitration Association, unless not available to arbitrate, in which the parties will select an alternative arbitral forum. The rules of the arbitral forum will govern all aspects of this arbitration, except to the extent those rules conflict with these terms. The AAA Consumer Arbitration Rules governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration will be conducted by a single neutral arbitrator.If the claim is for $10,000 or less, the party initiating the arbitration may choose whether the arbitration will be conducted solely on the basis of document submitted to the arbitrator, through a non-appearance based telephonic hearing, or by an in-person hearing. In the case of an in-person hearing, the proceedings will be conducted at a location which is reasonably convenient for both parties.(c) Arbitrator Authority. The arbitrator will have exclusive authority to decide the jurisdiction and the rights and liabilities of the parties. The dispute will not be consolidated with any other matters or joined with any other cases or parties. The award of the arbitrator is final and binding upon you and Moodwave.(d) Jury Trial Waiver. Except where not permitted by law, you and Moodwave waive any constitutional and statutory rights to go to court and have a trial in front of a judge or a jury. Instead, as discussed above, you and Moodwave elect to have claims and disputes resolved by arbitration. In any litigation between you and Moodwave over whether to vacate or enforce an arbitration award, you and Moodwave waive all rights to a jury trial and elect instead to have the dispute be resolved by a judge.(e) Class Action Waiver. Except where not permitted by law, you and Moodwave agree that each may bring claims against the other only in your or our individual capacity and not as a plaintiff or class member in any purported class or consolidated action. If this waiver of class or consolidated actions is deemed invalid of unenforceable, neither you nor Moodwave are entitled to arbitration. Instead all claims and disputes will be resolved in a court.(f) Opt-out. You may opt-out of this arbitration agreement. If you do so, neither you nor Moodwave can force the other to arbitrate. To opt-out, you must notify Moodwave in writing no later than 30 days after first becoming subject to this arbitration agreement.(g) Small Claims Court. Notwithstanding the above, either you or Moodwave may bring an individual action in small claims court.(h) Arbitration Agreement Survival. The arbitration agreement will survive the termination of your relationship with Moodwave.
3. COPYRIGHT. You acknowledge that no title to the intellectual property in the Software is transferred to you. You further acknowledge that title and full ownership rights to the Software will remain the exclusive property of Moodwave, and you will not acquire any rights to the Software. You shall not remove or obscure Moodwave's copyright, trademark or other proprietary notices from any of the materials contained in this package or downloaded together with the Software. Material from the Software Product may not be copied or distributed, or republished or transmitted in any way, without our prior express written consent. You may not otherwise download, display, copy, reproduce, distribute, modify, perform, transfer, create derivate works from, sell or otherwise exploit any content, code, data, or materials in the Software. Moodwave will enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
4 USER WARRANTY. By registering and using the Software, you warrant that you are legally capable of entering into binding contracts, all registration information you submit is accurate and truthful, you will maintain the accuracy of such information, and lastly your use of the Software does not violate any applicable law or regulation.
5. RESTRICTIONS OF USE. Unless Moodwave has authorized you to distribute the Software, you shall not make or distribute copies of the Software or transfer the Software from one device to another. You shall not decompile, reverse engineer, disassemble, include in other software, or translate the Software, or use the Software for any commercial purposes. You shall not modify, alter, change or otherwise make any modification to the Software or create derivative works based upon the Software. You shall not rent, lease, resell, sub-license, assign, distribute or otherwise transfer the Software or this license. Any attempt to do so shall be void and of no effect. Audio or video content from Moodwave not explicitly indicated as downloadable may not be downloaded or copied from the Software or any device.
6. PROHIBITED USES. You agree not to upload, post, email, or otherwise transmit or introduce any material that contains software viruses or any other computer code, files, or programs designed to interrupt, harm, damage, destroy, or limit the functionality of any hardware or equipment linked directly or indirectly with the Software. You agree not to interfere with the servers or networks underlying or connected to the Software or to violate any procedures, policies, or regulations of networks connected to the Software. You agree not to access the Software in an unauthorized manner.You agree not to impersonate any other person while using the Software, conduct yourself in an offensive manner while using the Software, or use the Software for any illegal, immoral, or harmful purpose. This includes unlawful, harassing, libelous, invasion of another’s privacy, abusive, threatening or obscene purposes. You agree not to use the Software for any purpose related to scientific research, analysis, or evaluation of the Software without the express written consent of Moodwave. If you commit a criminal offense under applicable laws while using the Software, Moodwave may report any such breach to the relevant law enforcement authorities and Moodwave may cooperate with those authorities by disclosing your identity to them.
7. COMMERCIAL USE. The Software Product is not intended for your commercial use. Solicitations, such as commercial advertisements or affiliate links, may be removed by Moodwave without notice and may result in a termination of privileges. You agree that you cannot use any part of the materials used in Software Product for commercial purposes unless you obtain an express written license from Moodwave to do so.
8. USER MATERIAL. User material includes any material submitted by the user in the course of the use of the Software, including posts, comments, photos, etc. If you review or submit User Material, you are agreeing to do so in accordance with the EULA. Moodwave does not systematically review User Material. Moodwave is not responsible for the content of User Material provided by your or any other user. Moodwave does not endorse any opinion contained in such material nor do we make warranties or representations, express or implied about User Material, including as to its legality or accuracy. Moodwave reserves the rights, in our sole discretion, to refuse to post or to remove or edit any of your User Material, or to restrict, suspend, or terminate your access to all or any part of the Software and we may do so with or without giving you any prior notice.Moodwave may use User Material for our internal business purposes, such as to examine trends or categories or to promote, market, or advertise the Software. You agree and acknowledge that we may indirectly commercially benefit from use of your User Material.By submitting your material, you represent and warrant to Moodwave that (i) you own your User Material or have the right to submit it, and in submitting it you will not be infringing any rights of any third party, including intellectual property rights, privacy or publicity rights, rights of confidentiality or contract rights, (ii) your User Material is not illegal, obscene, defamatory, threatening, pornographic, harassing, hateful, racially/ethnically offensive, and does not encourage conduct that would be considered a criminal offense, and does not give rise to civil liability or violate any law, (iii) your User Material does not advertise any product or service or solicit any business, (iv) if your User Material identifies any individual, you have that person’s consent to being identified in exactly the way used in your User Material, (v) you are not impersonating any other person in your User Material, (vi) you will not collect email addresses of users for the purpose of sending unsolicited email, (vii) you will not engage in criminal or tortious activity, (viii) you will not engage in any automated use of the system, such as scripts to alter our content, (ix) you will not access, tamper with, or use non-public areas of the Software, Moodwave’s computer systems, or the technical delivery systems of Moodwave’s providers, without prior express written authorization, and (x) you will not attempt to probe, scan, or test the vulnerability of the Software or any other Moodwave system or network or breach any security or authentication measures.
9. USER MATERIAL RIGHTS. We do not claim any ownership rights in User Material. However, by submitting User Material, you herby grant Moodwave an irrevocable, perpetual, non-exclusive, royalty free, worldwide license to use, telecast, copy, perform, display, edit, and otherwise exploit the User Material you post on the Software, or any portion thereof, and any ideas, concepts, or know how contained therein, with or without attribution, and without the requirement of any permission from or payment to you or to any other person or entity in any matter and in any and all media now known or hereafter devised, including without limitation, for commercial, publicity, trade, promotion, or advertising purposes, and to prepare derivative works of, or incorporate into other works, such User Material, and to grant and authorize sublicenses of the foregoing without any payment of money or any form of consideration to you or to any third party. Moodwave may include your User Material in Moodwave’s distribution content that is made available to others through the Software Product. Moodwave has no control over User Material once it leaves the Software product and it is possible that others may duplicate material found on the Software. You represent and warrant that you own or otherwise control the rights to your User Material. You agree to indemnify Moodwave and its affiliates for all claims from or in connection with any claims to any rights in your User Material or any damages arising from your User Material.
10. USER SUBMISSION RIGHTS. Any inquiries, feedback, suggestions, ideas, other information which is not part of your use of the Software or User Material that you provide to us (hereinafter “Submissions”) will be treated as non-proprietary and non-confidential. By transmitting, uploading, submitting Submissions to us, you herby grant Moodwave an irrevocable, perpetual, non-exclusive, royalty free, worldwide license to use, telecast, copy, perform, display, edit, and otherwise exploit the User Material you post on the Software, or any portion thereof, and any ideas, concepts, or know how contained therein, with or without attribution, and without the requirement of any permission from or payment to you or to any other person or entity in any matter and in any and all media now known or hereafter devised, including without limitation, for commercial, publicity, trade, promotion, or advertising purposes, and to prepare derivative works of, or incorporate into other works, such Submissions, and to grant and authorize sublicenses of the foregoing without any payment of money or any form of consideration to you or to any third party. You also agree that your Submissions will not be returned to you and that Moodwave has no obligation to acknowledge receipt of or respond to any Submissions. If you make a Submission, you represent and warrant that you own or otherwise control the rights to your Submission. You agree to indemnify Moodwave and its affiliates for all claims arising from or in connection with any claims to any rights in any Submission or any damages arising from any Submission.
11. CONFIDENTIALITY. Moodwave is entitled to identify you to law enforcement authorities in the event of criminal activities. Moodwave is entitled to identify you to third parties who claim that their rights have been infringed by User Material you have submitted. User Material and Submissions are not considered to be confidential. You agree not to submit any content as User Material or Submission in which you have any expectation of privacy.
12. DIGITAL MILLENIUM COPY RIGHT ACT (DMCA). Moodwave requires all users of the Software to comply with copyright and related laws. You may not store any material or content on, or disseminate any material or content over, the Software in any manner that constitutes an infringement of third party intellectual property rights, including rights granted by copyright law. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is Moodwave’s policy to terminate privileges of any user who repeatedly infringes the rights of others upon receipt of proper notification to us by the owner of such rights. If you feel that a user has submitted infringing or objectionable material, we encourage you to contact us immediately. Upon our receipt of proper notice of claimed infringement under the DMCA, we will respond expeditiously to remove or disable access to the material and will follow procedures specified in the DMCA to resolve the claim.
13. CANCELLATION. Moodwave may suspend or terminate your use of the Software in the event of fraud or a breach of the EULA. While Moodwave may attempt to warn you beforehand, such termination or suspension may be immediate and without notice. Unauthorized copying or download of our audio or video content constitutes a breach of the EULA.
14. AVAILABILITY OF SOFTWARE. Moodwave will attempt to offer you the best service available. However, we do not guarantee that the Software will meet your requirements or will be fault free. Moodwave is not liable to you if the Software becomes unavailable for periods of time. Additionally, your access to the software may occasionally be restricted to allow for repairs, maintenance, updates, etc. We will restore the Software as soon as we reasonably can.
*15. DATA STORAGE*. By using the Software, you agree and consent to the processing and storage of your personal information in the United States. As part of your use of the Software, you agree and acknowledge that the United States may not have the same protections for your personal information that may exist in your country of residence or in other countries.
16. ASSIGNMENT. Moodwave may transfer its rights and obligations under the EULA to any company, firm, or person at any time. You may not transfer your rights or obligations under the EULA to anyone else. The terms of the EULA are personal to you and no third party is entitled to benefit under the terms except as set out here.
*17. DISCLAIMER OF WARRANTY*. The Software is provided "AS IS", without warranty of any kind. We disclaim and make no express or implied warranties and specifically disclaim the warranties of merchantability, fitness for a particular purpose and non-infringement of third-party rights. The entire risk as to the quality and performance of the Software is with you. We do not warrant that the functions contained in the Software will meet your requirements or that the operation of the Software will be error-free. You assume full responsibility for your own use of the Software. In no event shall Moodwave be liable to you, your heirs, or assigns or to any third party for any loss, death, damage, or bodily injury that you suffer, or that you cause to any third party in connection with your use of the Software or other activities you undertake with your use of the Software, unless caused by Moodwave’s gross negligence, recklessness, or willful misconduct. All conditions, warranties, and other terms which might otherwise be implied by statute, common law, or the law of equity are, to the extent permitted by law, excluded.
18. THIRD PARTY RIGHTS. A person who is not a party to the EULA will not, subject to DMCA, have any rights under or in connection with the EULA.
19. FORCE MAJEURE. Moodwave will not be liable to you for any lack of performance, or the unavailability or failure, of the Software, or for any failure or delay by us to comply with the EULA, where such lack, unavailability or failure arises from any cause beyond our reasonable control.
20. NO WAIVER. If we delay exercising or fail to exercise or enforce any right available to us under the EULA, such delay or failure does not constitute a waiver of that right or any other rights under the EULA.
23. INDEMNITY. You agree to indemnify, defend and hold Moodwave and its directors, officers, members, investors, managers, employees and agents harmless from and against any and all damages, losses, and expenses, including reasonable attorneys’ fees, arising directly or indirectly from: (i) your acts and omissions to act in using the Software pursuant to the terms of the EULA; or (ii) your breach of this EULA. Moodwave reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Moodwave’s defense of such claim.
25. ELECTRONIC COMMUNICATIONS. Applicable laws requires that some of the information or communications we send you should be in writing. When using the Software, you agree to transact with us electronically, and that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on the Software. You agree to this electronic means of communication and you acknowledge that all contracts, notices, information, and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. You have the right to receive a paper copy of the communications. To receive a paper copy, please request it by emailing us. We may charge you a reasonable service charge to mail you a paper copy of any communication. Moodwave reserves the right, in our sole discretion, to discontinue the provision of your electronic communications, or to terminate or change the terms and conditions on which we provide electronic communications. We will provide you with notice of any such termination or change as required by law.
26. CONSUMER COMMUNITIES. Some consumer communities, such as corporations, universities, or hospitals, purchase and introduce the Software to their employees and members. Sometimes, these communities add their own terms and conditions of use. If these terms are inconsistent or in conflict with Moodwave’s EULA, then Moodwave’s EULA will control.
27. MEDICAL DISCLAIMER. The Software is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Any advice or other materials provided in the Software are intended for general information purpose only. Always seek the advice of your physician or other qualified health providers with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have seen in this Software. If you think you may have an emergency, call your doctor, go to the emergency department, or call emergency immediately. Reliance on any information provided by Moodwave or our employees is solely at your own risk. Moodwave makes no claims, representations, or guarantees that the Software will provide a physical or therapeutic benefit. To the fullest extent permitted by law, Moodwave makes no representation or warranties about the accuracy, completeness, or suitability for any purpose of the advice, other materials, and information published as part of the Software.
28. SUBSCRIPTIONS. Moodwave users may access the Software in the following ways:Free Version. A program gives limited access for an unlimited time.
29. INTERPRETATION. In the EULA, unless the context otherwise requires, any phrase introduced by the words “including”, “include”, “in particular”, “for example”, “etc.” or any other similar expressions shall be construed as illustrative only and shall not be construed as limiting the generality of any preceding words. Additionally, references to the singular include the plural and references to the masculine include the feminine, and in each vice versa.
30. EXCLUSIVE VENUE. To the extent the parties are permitted under the EULA to initiate litigation in a court, both you and Moodwave agree that all claims and disputes arising out of or relating to the EULA or the use of the Software will be litigated exclusively in the United States District Court for the Central District of California. If that court would lack original jurisdiction over the litigation, then all claims and disputes arising out of or relating to the EULA or the use of the Software will be litigated exclusively in the Superior Court of California, County of Los Angeles. You and Moodwave consent to the personal jurisdiction of both courts.
31. CHOICE OF LAW. Except to the extent they are preempted by U.S. federal law, the laws of California, other than its conflict-of-laws principles, will govern the EULA and any disputes arising out of or relating to the EULA or their subject matter, including tort claims.
32. SEVERABILITY. If any provision of the EULA is found unenforceable, then that provision will be severed from the EULA and not affect the validity and enforceability of any remaining provisions.
33. ENTIRE AGREEMENT. These terms and any document expressly referred to in them constitute the whole agreement between us and supersede all prior discussions, correspondence, negotiations, previous arrangement, understanding, or agreement between us relating to their subject matter. We each acknowledge that neither of us relies on, or will have any remedies in respect of, any representation or warranty, whether made innocently or negligently, that is not set out in these terms or the documents referred therein. Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement will be for breach of contract. Nothing in this section limits or excludes any liability for fraud.
What information does the Application obtain and how is it used?
Your data is stored locally on your device and on our encrypted databases to allow for sharing between support systems. All calculations are handled on the server side to optimize the app. We obtain your email address when you enter it during onboarding. We use your email only to contact you to provide support, feedback or important information.
iOS users can optionally backup their data using Apple iCloud. We encrypt authorization information and user settings with a unique encryption key stored in your iCloud account, out of our own reach.You can find out more about iCloud security and privacy overview at https://support.apple.com/en-us/HT202303
The application does NOT collect any usage or crash reporting data without your consent. If you’ve agreed to data collection, the application collects some usage data that are essential for us to deliver our services, to understand your needs, and to improve our services. For example, the application collects how much time users spent on certain screens or which features are popular. The analytics services automatically collect certain information that does not personally identify our end users who access or use our mobile applications. This information includes but is not limited to device state information, unique device identifiers, installation UUID, device hardware and OS information, information relating to how application functions or anonymized IP addresses.The application does NOT collect any personal data that directly identifies you such as your name, surname, email or anything you type within the app.
We use the following third-party services for our iOS app:
Answers by Fabric (Google Inc.) This service helps us to collect and analyze usage data in order to understand usage patterns and to improve our iOS app.
Personal data collected:
Installation UUID, IP address (once received it is geo-coded to a city and displayed on Audience Insights map for 10 seconds. Retained temporarily). Data retention: 90 days
Crashlytics by Fabric (Google Inc.)
This service helps us to identify crashes anderrors in our app. It helps us to improve the reliability and stability of our iOS app. Personal data collected: Installation UUID, Crash traces
Data retention: 90 days
They are put in place to provide a positive experience for users.
Personal data collected: Cookies, GoogleAdvertiser IDIf you don’t want to see personalized ads based on your interests you might opt-out by using this link. Please note that you will see the same amount of ads but the ads will be less relevant to you.