Terms of Service

Last Updated: January 18, 2025

These Terms of Service (hereinafter referred to as "this Agreement") are entered into between you ("User" or "End User") and MoodyWatch (hereinafter referred to as "Licensor," "we," or "our company") regarding your access and use of the MoodyWatch application (hereinafter referred to as "Application" or "Software"), and constitute a legally binding agreement.

When you download, install, or use this application and any updates from the Apple App Store or other platforms (including but not limited to Google Play), you indicate that you have read, understood, and agree to be bound by the terms and conditions set forth in this Agreement.

Apple Inc. ("Apple") is not a party to this Agreement and assumes no responsibility for this application and its content, warranties, maintenance, or support. MoodyWatch (and not Apple) is solely responsible for this licensed application.

If you do not agree to this Agreement, please do not download, install, or use this application.

1. Application Description (THE APPLICATION)

The MoodyWatch application is designed for Apple Watch users to monitor and analyze heart rate variability (HRV) and stress levels. This application does not provide any medical diagnosis, treatment, or advice, and is intended for general health and wellness purposes only.

This application is not designed to comply with healthcare-related regulations (such as HIPAA or FISMA). If you require software that complies with the above laws and regulations, you must not use this application.

2. Scope of License (SCOPE OF LICENSE)

2.1 License Grant

Subject to compliance with this Agreement and the App Store Terms of Service, we grant you a non-exclusive, non-transferable, non-sublicensable, limited license to install and use one copy of this licensed application on one Apple-branded device that you own or control.

2.2 Updates

Unless an update version is accompanied by a separate license agreement, this license also applies to application updates; if an update is accompanied by a new license agreement, the new license agreement shall prevail.

2.3 Restrictions

You may not:

  • Share, distribute, rent, lend, sublicense, sell, or otherwise transfer this application to third parties;
  • Reverse engineer, decompile, disassemble, or attempt to extract the source code of this application;
  • Modify, alter, or create derivative works based on this application;
  • Remove or obscure any copyright, trademark, or other proprietary rights notices in this application.

Any violation of the above terms may result in immediate termination of this Agreement and may lead to legal action.

3. Technical Requirements (TECHNICAL REQUIREMENTS)

3.1 Device Compatibility

This application requires Apple Watch and iPhone, and the iPhone must run iOS 14.0 or higher.

3.2 Updates & Maintenance

We will endeavor to keep the application updated to support new firmware versions and hardware devices; however, we are not obligated to provide updates or support for older versions of the application.

3.3 User Responsibility

You are responsible for ensuring that your device meets the technical requirements necessary to use this application.

4. Maintenance and Support (MAINTENANCE AND SUPPORT)

4.1

The Licensor is responsible for providing maintenance and support for this licensed application. You can contact us for support at: 📧 MoodyWatch@outlook.com

4.2

Apple has no obligation to provide any maintenance or support services for this application.

5. Use of Data (USE OF DATA)

Your use of this application is subject to the MoodyWatch Privacy Policy, which describes how we collect, use, and protect your data. Use of this application indicates that you acknowledge and agree to the data processing methods described in our Privacy Policy.

We do not collect personal health data. All stress analysis and HRV calculations are performed locally on your device and are not transmitted to external servers.

For more details, please refer to the Privacy Policy: Privacy Policy.

6. User-Generated Contributions (USER-GENERATED CONTRIBUTIONS)

This application does not allow users to post or submit content. If future versions introduce user-generated content, such content will be subject to the following conditions:

  • You represent and warrant that any content you provide does not infringe upon the intellectual property or privacy rights of others;
  • You grant us a worldwide, non-exclusive, royalty-free license to use, distribute, and display such content;
  • We have no obligation to monitor or delete user content, but reserve the right to process it when necessary.

7. Liability Limitations (LIABILITY LIMITATIONS)

7.1

The Licensor shall not be liable for the following damages, including but not limited to:

  • Device malfunctions, data loss, or application errors;
  • Indirect, special, incidental, or consequential damages arising from the use or inability to use this application;
  • Any medical-related issues, as this application does not replace professional medical advice.

7.2

In jurisdictions where limitations of liability are not permitted, our liability shall be limited to the maximum extent permitted by law.

8. Warranty Disclaimer (WARRANTY DISCLAIMER)

8.1

This application is provided "as is" without any express or implied warranties of any kind.

8.2

We do not guarantee:

  • That this application will be free of errors or interruptions;
  • That this application is fully compatible with all devices and operating systems;
  • That this application can provide accurate stress analysis results.

8.3

If this application does not function properly, you may be eligible to request a refund from the App Store in accordance with Apple's refund policy.

9. Compliance with Laws (COMPLIANCE WITH LAWS)

You represent and warrant that: you are not located in a country/region subject to U.S. government embargo, or designated as a country/region that supports terrorism; and you are not listed on any U.S. government restricted parties list.

10. Subscriptions & Payments (SUBSCRIPTIONS & PAYMENTS)

10.1

MoodyWatch can be downloaded for free. However, we offer premium subscription services (MoodyWatch Pro) to unlock additional features.

10.2 Subscription Terms:

  • Payments are processed through Apple's in-app purchase system;
  • Subscriptions will automatically renew unless you cancel at least 24 hours before the renewal date;
  • Subscription management and cancellation can be done in iTunes account settings;
  • No refunds will be provided for unused portions of subscriptions.

For more details, please refer to Apple's Terms of Service.

11. Termination (TERMINATION)

This license remains in effect from the date of activation until termination. We may terminate this Agreement if you violate any terms of this Agreement. After termination of the Agreement, you must stop using and uninstall this application.

12. Third-Party Terms (THIRD-PARTY TERMS)

Use of this application indicates that you agree to comply with applicable third-party terms (such as Apple's Terms of Service).

Apple and its subsidiaries are third-party beneficiaries of this Agreement and may enforce the terms of this Agreement against you.

13. Intellectual Property Rights (INTELLECTUAL PROPERTY RIGHTS)

MoodyWatch and its related logos, trademarks, and intellectual property are owned by us. You may not use the above content without our written consent.

If you believe that this application infringes any third-party intellectual property rights, please contact us at: 📧 MoodyWatch@outlook.com

14. Applicable Law & Dispute Resolution (APPLICABLE LAW & DISPUTE RESOLUTION)

The formation, validity, interpretation, performance, and dispute resolution of this Agreement shall be governed by the laws of the People's Republic of China.

Any dispute arising from or related to this Agreement shall first be resolved through friendly negotiation between the parties; if negotiation fails, either party may file a lawsuit with the competent people's court in Shanghai, People's Republic of China.

15. Changes to This Agreement (CHANGES TO THIS AGREEMENT)

We reserve the right to modify these terms at any time. Your continued use of this application after changes to the terms indicates that you accept the updated terms.

16. Contact Information (CONTACT INFORMATION)

If you have any questions about these Terms of Service, please contact:
📧 Email: MoodyWatch@outlook.com