Terms & Conditions
Last updated Jan 2024
Thank you for choosing to be part of our community at Mood 360 Ltd, doing business as Mood 360 Ltd (Mood", "we", "us", "our"). These terms and conditions contain the basis for the Products and Services we provide to you. With this, we mean our websites located at www.mood-360.com (the "Website"), on our Instagram Page at @mood__360 and our applications (the “Apps”), collectively referred to as “Products”.
Please read these Terms and Conditions (the “Terms”) carefully before using the Products. By using the Products, you indicate that you accept these Terms and that you agree to abide by them. If you do not agree to these Terms, please refrain from using the Products.
1. Mood 360 Products and Services
By using the Apps you can customise Mood 360 Breathwork On-Demand video content as well as watch pre-recorded classes tailored to your individual self-improvement needs. You can use the paid functionality of the Apps to use more enhanced functionality, these are offered for sale through the Apps.
You understand and agree that the Services, Products, and any other information you learn from Mood 360 is not intended, designed, or implied to diagnose, prevent, or treat any condition or illness, to ascertain the state of your health, or to be a substitute for any professional medical care. Not all activities described on the Services or Products are suitable for everyone, so please make sure you have ascertained this type of practice is suitable for you before using the Services for this use. You understand and agree that you are solely responsible for your use of the Services.
1.1 Mood 360 Membership
You may sign up as a registered user of the Products (a “Member”). To become a Member you need to go to the relevant section of the Apps and submit your first name and email address to us using the social login tools provided. It is your responsibility to maintain the confidentiality of your account and password and for restricting access to your Device. You may not register for more than one Member account.
You may be asked to provide certain personalised information to us (“Personal Information”) when using the Products. You can learn more about our use of this type of information and our policies in Mood 360 Privacy Policy. You acknowledge and agree that you are solely responsible for the accuracy and content of the Personal Information, and you agree to keep it up to date.
By registering for a Mood 360 account and using the Products, you warrant that:
(i) You are legally capable of entering into binding contracts;
(ii) All information for purposes of registration you submit is truthful and accurate;
(iii) You will maintain the accuracy of such information; and
(iv) Your use of the Products does not violate any applicable law or regulation.
By agreeing to become a Member you may receive occasional special offers, marketing, and survey communication emails about the Product. You can easily unsubscribe from Mood 360 emails by following the opt-out instruction in these emails.
Mood 360 membership accounts and subscriptions are not transferable and you agree to not sell, transfer, or exchange membership accounts or subscriptions in any way or under any circumstance.
1.2 Paid Subscriptions
Mood 360 account holders may access the Products via “Mood 360 Premium”, a subscription fee-based programme, which gives access to all content within the Products. Your access to Mood 360 Premium is only valid while your paid subscription is active and subsisting. You may have access to a free trial period of Mood 360 Premium, which automatically turns into a paid annual or monthly subscription term after a fixed period of time. You can disable the automatic conversion by following the cancellation instructions in Section 3. You may access Mood 360 Premium by purchasing a subscription to the Products through the Apple App Store or inside our mobile applications, where allowed by Apple’s or Google’s payment marketplace. Please note that if you purchase a subscription through the Apple App Store or Google Play Store or inside our mobile applications your purchase will be subject to Apple’s or Google’s applicable payment policy, which may not provide refunds.
You may access Mood 360 Premium via a monthly or annual subscription option. For the purposes of our monthly and yearly subscriptions, a month constitutes 30 calendar days and a year constitutes 365 calendar days.
Our “Monthly” subscription is paid for by an upfront monthly payment with automatic monthly renewals. For each month that your monthly subscription is active, you acknowledge and agree that Mood 360 is authorised to charge the same credit card associated with the Apple or Google Payment as was used for the initial subscription fee (“Payment Method”). The monthly renewal subscription fees will continue to be billed to the Payment Method you provided until cancelled. You must cancel your subscription at least 24 hours before it renews in order to avoid billing of the next month’s subscription fee to the Payment Method you provided. Refunds cannot be claimed for any partial-month subscription period.
Our “Yearly” subscription is paid for by an upfront payment with automatic annual renewals. You acknowledge and agree that Mood 360 is authorised to charge the Payment Method used for:
the initial annual subscription fee at the rate secured at the time of purchase, and
the non-discounted renewal subscription fee(s).
You must cancel your subscription at least 24 hours before it renews in order to avoid billing of the renewal subscription fee to the Payment Method you provided. Refunds cannot be claimed for any partial subscription period.
You agree to promptly notify Mood 360 of any changes to the Payment Method you provided while any subscriptions remain outstanding. You are responsible for all applicable fees and charges incurred, including applicable taxes, and all subscriptions purchased by you.
Once we take receipt of your order and the email confirmation of your purchase is sent out to you by Apple our Obligations of provision of the Products under these Terms come into effect. Please quote the Order number in any communication with us. All prices in Pound Sterling include VAT unless otherwise stated and Euros include local taxes. You agree not to hold us responsible for banking charges incurred due to payments on your account. You agree that you are not permitted to resell any Products purchased through Mood 360 for commercial purposes. If payment is not received by us from the Payment Method you provided, you agree to pay all amounts due upon demand by us.
1.3 Promotions and Discount Codes
You may not use any promotion code or offer provided by us in conjunction with any other promotion code or offer, past or present. Introductory offers are only available to new users of the Products, except where expressly stated otherwise. Previous users or trial users of the Products do not qualify as new users and will not see the Introductory prices in the iPhone application. Unless otherwise stated in the terms of any promotion, all pricing promotions or discounts will apply to the initial period of the subscription, and any renewals will be charged at the non-discounted rate for the type of subscription purchased.
1.4. Changing Subscription Fees and Charges
We reserve the right to change our subscription plans or adjust pricing for our Services and Products or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms, any price changes will always be communicated to you before applied to your subscription.
1.5 Third-Party applications
The Products may be integrated with, or may otherwise interact with, third-party applications ("Third-Party Applications"). Your use of Third-Party Applications may be subject to additional terms, conditions, and policies provided to you by the applicable third party.
1.6 Changes to Terms
We reserve the right to change or update these Terms, or any other of our policies or practices, at any time, and will notify you by sharing such changed or updated Terms on this page. Any changes or updates will be effective immediately upon posting to www.mood-360.com. Continuing to use the Products and Services constitutes your agreement to abide by the Terms as they have changed. Under certain circumstances, we may also notify you of changes or updates to our Terms by other means, such as pop-ups or push notifications within the Products or email.
1.7 Disclaimer
The information contained in the Products is for general information purposes only. While we try our best to keep the information up-to-date and correct, we make no representations or warranties of any kind, express or implied, about the accuracy, completeness, suitability, reliability, or availability with respect to the Products or the information contained on the Products for any purpose. Any reliance you place on this information is therefore strictly at your own risk.
2. Acceptable Use of Mood 360
You are responsible for maintaining the confidentiality of your account, password, and other Personal Information, and for restricting access to your Device to further help protect such information. You are also responsible for updating your Personal Information if it is no longer correct.
2.1 Minors Use of Mood 360
We do not knowingly market to children under 18 years of age. By using the Products, you represent that you are at least 18 or that you are the parent or guardian of such a minor and consent to such minor dependent's use of the Products.
2.2 Prohibited Use of Mood 360
You agree not to upload, post, email or otherwise send or 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 computer software or hardware or equipment linked directly or indirectly with the Products or the Products themselves. You agree not to interfere with the servers or networks underlying or connected to the Products or to violate any of the procedures, policies, or regulations of networks connected to the Products. You may not access the Products in an unauthorised manner.
By breaching the provisions of this Section 2.2, you may commit a criminal offence under applicable laws. We may report any such breach to the relevant law enforcement authorities and we may cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Products will cease immediately.
You agree not to use the Products for any purposes related to scientific research, analysis, or evaluation of the Products without the express written consent of Mood 360.
2.3 Links to Our Website/Home Page
We may provide links to other websites or services for you to access. You acknowledge that any access is at your discretion and for information only. We do not review or endorse any of those websites or services. We are not responsible in any way for: (i) the availability of, (ii) the privacy practices of, (iii) the content, advertising, products, goods, or other materials or resources on or available from, or (iv) the use to which others make of these other websites or services. We are also not responsible for any damage, loss, or offence caused or alleged to be caused by, or in connection with, the use of or reliance on such websites or services.
You may link to our home page, provided it is in a way that is fair and legal and does not damageMood 360’s reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. Linking from any website that is not owned by you is not permitted. The Products must not be framed on any other website, nor may you create a link to any part of the Products unless Mood 360 has given you written permission to do so. We reserve the right to withdraw linking permission with written notice.
3. Cancellation of Subscriptions
3.1 How you can cancel
You can cancel a Monthly subscription at any time. Cancellation is effective at the end of the applicable monthly period. Please make any such cancellation following the steps in section 3.1.c below.
You can cancel a Yearly subscription plan at any time. Cancellation is effective at the end of the applicable annual period. Additionally, our Yearly subscription plan for “Mood 360 Premium” is offered with a 30-day money-back guarantee, which entitles you to a full refund when cancelling and emailing support@mood-360.com to request a refund. The refund requests must be made within the first 30 calendar days from your first date of payment to be applicable. You are entitled to one refund only. After your refund, any future subscriptions will no longer qualify for the 30-day money-back guarantee. No such refunds will apply to subsequent renewals of the Yearly subscription or subscriptions purchased through the Apple App Store or our iPhone application.
Please note that when purchasing a subscription through the Apple App Store or our iPhone application, you may cancel your subscription by cancelling the automatic renewal of paid In App Subscriptions by selecting Manage App Subscriptions in your App Store Account or our mobile Application settings and selecting the subscription you want to modify. For more information visit Apple’s or Google’s detailed steps on their respective websites.
3.2 Cancellations made by us
We may suspend or terminate your use of the Products as a result of your fraud or breach of any obligation under these Terms. Such termination or suspension may be immediate and without notice. A breach of these Terms, includes without limitation, the unauthorised copying or download of the video or audio content from the Products.
4. Medical Device Disclaimer
Mood 360 offers a mobile application experience with video and audio content on topics such as mindfulness, meditation, and breathwork in the health & wellness space. We are not a healthcare or medical device provider, nor should our Products and their content be considered medical advice. Only your General Practitioner or other healthcare providers can offer you medical advice. There is currently third-party evidence from research on breathwork assisting in relation to a variety of different conditions and improving in some performance and relationship issues, however, Mood 360 make no claim, representation or guarantees that our Products offer therapeutic or physical benefits.
Health information and links on the Products, whether provided by Mood 360 or by contract from outside providers are provided simply for your convenience and serve as general information and education only. It is not intended to be relied upon and is not a substitute for professional medical advice based on your individual condition and circumstances. We are not liable or responsible for any consequences of your having read or been told about such advice or other materials as you assume full responsibility for your decisions and actions. In particular, to the fullest extent permitted by law, we make 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 Products.
Any physical or mental health related content that you may find in the Services is broad in nature and in scope, describes only general principles, is not specific to you as an individual, and may not be appropriate or relevant to your personal situation. Such content is not intended to be used to diagnose, treat, cure, or prevent any medical conditions or as a substitute for consulting with your health care professionals. Reliance on any information provided through the Services is solely at your own risk. Never disregard professional medical advice or delay in seeking it because of something that you have read, seen, or heard on our Services. If you have any questions about your physical or mental health, you should consult your healthcare professionals. We are not liable or responsible for any consequence of your having read or been told about such advice or other materials as you assume full responsibility for your decisions and actions.
There have been rare reports that people with certain mental health conditions such as anxiety and depression having experienced worsening conditions in conjunction with intensive breathing practice. People with existing mental health conditions should speak with their healthcare providers before starting a breathing practice.
Rapid breathing can cause lightheadedness and may disrupt the heart. If you experience faintness, dizziness, pain or shortness of breath at any time while using the app, you should stop immediately and seek immediate medical attention.
We assume no responsibility for injuries suffered while practicing these techniques and Mood 360 Ltd. shall not be held liable for any damages, circumstances, conditions or injuries that may occur, directly or indirectly, from engaging in any activities or ideas presented in any Application made by Mood 360 Ltd. By using Mood 360 App, you accept all responsibility for your physical and mental health and any resultant injury or mishap that may affect your well-being or health in any way.
Do not use the Services while driving, while operating machinery or performing other tasks that require attention and concentration. You understand that you are solely responsible for your use of the Services. We assume no responsibility for injuries suffered while practicing the techniques presented in the Services
5. Content and Intellectual Property Rights
5.1 Copyright
All materials (including software and content) contained in the Products are owned by Mood 360 unless indicated otherwise. You agree and acknowledge that the materials are valuable property and that other than any specific and limited license for use of the materials, you do not acquire any ownership rights in or to such materials. The materials may not be used except as provided for in these Terms, and any other relevant terms and conditions provided to you without Mood 360’s prior written permission.
5.2 Use for Commercial Purposes
The Products are not intended for your commercial use. Materials from the Products may not be copied or distributed, or republished, or transmitted in any way, without Mood 360’s prior written consent. Any unauthorised use or violation of these Terms immediately and automatically terminates your right to use the Products and may subject you to legal liability.
5.3 Use for Illegal Purposes
You agree not to use the Products for illegal purposes (including, without limitation, unlawful, harassing, libelous, invasion of another’s privacy, abusive, threatening, or obscene purposes) and you agree that you will comply with all laws, rules, and regulations related to your use of the Products. Appropriate legal action may be taken for any illegal or unauthorised use of the Products.
You may not otherwise download, display, copy, reproduce, distribute, modify, perform, transfer, create derivative works from, sell or otherwise exploit any content, code, data, or materials in the Products. If you make other use of the Products, or the content, code, data, or materials thereon, except as otherwise provided above, you may violate copyright and other England and Wales, and European Union laws.
6. Availability
At Mood 360 we always aim to offer you the best service possible, however, we make no promise that the Products will meet your requirements and we cannot guarantee that the Products will be without faults or bugs. If a fault or a bug occurs in the Products, please report it to us at support@mood-360.com and we will review your case and correct any appropriate faults or bugs. We may temporarily suspend the use of and access to the Products while we address these issues. We will bear no liability if access to the Products is unavailable for a commercially reasonable period of time.
Your access to the Products may be occasionally restricted to allow for repairs, maintenance, or the introduction of new features or Products, this will of course be restored as soon as we reasonably can. We will restore the Products as soon as we reasonably can. In the event that the Products are unavailable for a longer than commercially reasonable period of time, the cancellation policies in these Terms apply and you can notify us on support@mood-360.com.
7. Liability, Indemnity and Disputes
7.1 Limitation of Liability
Neither Mood 360 or any other party involved in creating, producing, or delivering the Products and Services will be liable for any incidental or consequential, special or exemplary damages including, but not limited to, the loss of data or goodwill, computer damage, service interruptions, system failure or the cost of substitution of the Products and Services arising out of these Terms or from the use of the Products.
If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of the Terms or our negligence up to the amount specified below. However, we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into this contract.
Mood 360’s maximum aggregate liability under or in connection with these Terms, whether in contract, tort (including negligence), or otherwise, shall in all circumstances not exceed the amount you have paid for our Products and Services or, £50 (fifty Pounds Sterling) if you have not paid for any of the Products and Services, during the year in which the said liability arises.
This Liability section shall survive termination of these Terms.
7.2 Indemnity
You will indemnify and hold Mood 360’s officers, directors, employees and agents harmless from and against any claims, disputes, liabilities, demands, losses, damages, and costs and expenses, including but not limited to, reasonable legal and accounting fees arising out of or in connection with (i) your access to or use of the Products, or, (ii) your violation of these Terms.
7.3 Disputes
In case of a dispute do we want to specify arbitration or another form of resolution like other US apps?
8. About these Terms
8.1 Enforcement
These terms are an agreement between you and Mood 360. They do not apply to other people. Only you can take legal action on your agreement with us, with the exception of parents or guardians acting on behalf of their children.
8.2 Legal decisions and judgements
These terms fall under the laws of England and Wales. If you want to take legal action relating to these terms, it must be through the courts of England and Wales.
8.3 Severability
If any part of the Agreement is held by a court of law (or similar forum) to be invalid or unenforceable, this shall not affect the validity or enforceability of the rest of the Agreement.
8.4 Assignation or Transfer of Terms
You may not assign or transfer these Terms without Mood 360’s prior written consent. Any attempt in doing so without explicit consent will be considered null and of no effect.
8.5 Waiver
If we delay exercising or fail to exercise or enforce any right available to us under these Terms, such delay or failure does not constitute a waiver of that right or any other rights under these Terms. The waiver of any such rights or provision will be effective only if in writing and signed by Mood 360 and our representatives.
8.6 Force Majeure
We will not be liable to you for any lack of availability of the Products, or for any delays or failure to comply with these Terms when arising from causes beyond our reasonable control.
8.7 Contact information
If you have any questions about these Terms, Products or Services, please feel free to contact us at support@mood-360.com.
9. END-USER LICENSE
9.1 Subject to the terms of this license agreement (“License Agreement”), and these other Terms, and your payment of applicable subscription fees, Mood 360 grants you a limited, non-exclusive, revocable license to stream and make personal non-commercial use of the Products.
9.2 The Products contain or embody copyrighted material, proprietary material or other intellectual property of Mood 360 or its licensors. All right, title and ownership in the Products remain with Mood 360 or its licensors, as applicable. The rights to download and use the Products are licensed to you and are not being sold to you, and you have no rights in them other than to use them in accordance with this License Agreement and our other Terms.
9.3 You agree that you will not assist or permit any third party to:
(a) Copy, store, reproduce, transmit, modify, alter, reverse-engineer, emulate, de-compile, or disassemble the Products in any way, or create derivative works of the Products;
(b) Use the Products or any part of them to create any tool or software product that can be used to create software applications of any nature whatsoever;
(c) Rent, lease, loan, make available to the public, sell or distribute the Products in whole or in part;
(d) Tamper with the Products or circumvent any technology used by Mood 360 or its licensors to protect any content accessible through the Products;
(e) Circumvent any territorial restrictions applied to the Products; or
(f) Use the Products in a way that violates this License Agreement or the other Terms.
9.4 You may not make the Products available to the public. The Products made available (in whole or in part) are owned by Mood 360 or its licensors and your use of them must be in accordance with these Terms.
TERMS OF USE
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