Moodpic

Terms of Service

Effective Date: July 20, 2025

Welcome to Moodpic.app. These Terms of Service (“Terms”) govern your access to and use of our mobile application (“App”) and our website (“Site”), provided by Ievgeniia Kobzeva (“we”, “us”, “our”). By using the App or Site, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree with any part of these Terms, you must not use the App or Site.

We are located in the Czech Republic. These Terms have been drafted in accordance with European standards for digital services.

1. Agreement to Terms

By accessing and using the App or Site, you acknowledge that:

  1. You have read, understood, and agree to abide by these Terms, as well as our Privacy Policy.
  2. If you do not agree to all of these Terms, you are expressly prohibited from using the App and Site, and you must immediately cease their use.

2. Changes to Terms

We reserve the right, at our sole discretion, to make changes or modifications to these Terms at any time and for any reason. We will notify you of any changes by updating the “Effective Date” of these Terms. You waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms to stay informed of updates. Your continued use of the App or Site after the date of publication of the revised Terms will signify your acceptance of such changes.

3. App and Site Users

The App and Site are intended for users who have reached the age of 16. If you are under 16 years of age, you may not use the App or Site. If you are a parent or guardian of a minor using the App or Site, you agree:

  1. To be fully responsible for the online conduct of such minor.
  2. To monitor access to and use of the App or Site.
  3. To be responsible for the consequences of any misuse.

4. Intellectual Property

Unless otherwise indicated, the App and Site, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics (the “Content”), as well as trademarks, service marks, and logos contained therein (the “Marks”), are our property and are controlled by us or licensed to us. They are protected by copyright and trademark laws, as well as various other intellectual property rights.

A personal, non-transferable, non-exclusive, revocable license is granted to access and use the App/Site solely for your personal, non-commercial purposes. All rights not expressly granted to you in relation to the App/Site, Content, and Marks are reserved.

5. User Representations

By using the App or Site, you represent and warrant that:

  1. All registration information you provide will be true, accurate, current, and complete.
  2. You will maintain the accuracy of such information and promptly update it as necessary.
  3. You have the legal capacity and agree to comply with these Terms.
  4. You will not access the App or Site through automated or non-human means, whether by a bot, script, or otherwise.
  5. You will not use the App or Site for any illegal or unauthorized purpose.
  6. Your use of the App or Site will not violate any applicable laws or regulations.

If you provide any information that is false, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any current or future use of the App and Site (or any part thereof).

6. User Content

You understand that all User Content that you post, transmit, or otherwise make available on the App or Site is your sole responsibility. You agree that you will be solely responsible for any loss or damage related to the User Content you make available.

You represent and warrant that:

  1. You either are the sole and exclusive owner of all User Content, or you have all rights, licenses, consents, and permissions necessary to use and authorize us to use such User Content in any manner permitted by these Terms.
  2. Neither the User Content, nor your posting, uploading, publication, submission, or transmission of User Content, nor our use of User Content (or any part thereof) will:
    • Infringe, misappropriate, or violate a patent, copyright, trademark, trade secret, moral rights, or other proprietary or intellectual property rights of third parties.
    • Violate publicity or privacy rights.
    • Result in a violation of any applicable law or regulation.

You grant us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to use, store, copy, modify, create derivative works, distribute, publish, transmit, broadcast, publicly perform, and publicly display User Content in all formats and on all distribution channels now known or later developed, for the purposes of operating, promoting, and improving the App and Site.

7. Prohibited Activities

You may not access or use the App or Site for any purpose other than those for which we provide them. The App and Site may not be used in connection with any commercial projects, except those specifically approved or authorized by us.

As a user of the App or Site, you agree not to:

  1. Systematically extract data or other content from the App or Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
  2. Make unauthorized use of the App or Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email.
  3. Use the App or Site to advertise or offer to sell goods and services.
  4. Circumvent, disable, or otherwise interfere with security-related features of the App or Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the App and/or Content.
  5. Engage in unauthorized framing of or linking to the App or Site.
  6. Interfere with, disrupt, or create an undue burden on the App or Site, or the networks or services connected to the App or Site.
  7. Copy or adapt the software of the App or Site, including, but not limited to, Flash, PHP, HTML, JavaScript, or other code.
  8. Decode, decompile, disassemble, or reverse engineer any part of the software comprising the App or Site.
  9. Use the App or Site in any attempt to compete with us or otherwise use the Content for any commercial purposes.

8. Third-Party Websites and Content

The App and Site may contain links to other websites (“Third-Party Websites”), as well as articles, photographs, text, graphics, images, designs, music, sound, video, information, software, and other content belonging to or originating from third parties (“Third-Party Content”). We do not investigate, monitor, or check Third-Party Websites or Third-Party Content for accuracy, completeness, or reliability, and we are not responsible for any Third-Party Websites accessed through the App or Site, or for any Third-Party Content posted on, available through, or installed from the App or Site. Your use of Third-Party Websites and Third-Party Content is at your own risk, and you should review the applicable terms and policies, including privacy policies, of any website to which you navigate from the App or Site.

9. App and Site Management

We reserve the right, but not the obligation:

  1. To monitor the App and Site for violations of these Terms.
  2. To take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms, including, without limitation, reporting such user to law enforcement authorities.
  3. In our sole discretion and without limitation, to refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your contributions or any part thereof.
  4. In our sole discretion and without limitation, notice, or liability, to remove from the App and Site or otherwise disable all files and content that are excessive in size or in any way burdensome to our systems.
  5. Otherwise to manage the App and Site in a manner designed to protect our rights and property and facilitate the proper functioning of the App and Site.

10. Privacy Policy

We care about data privacy and security. Please review our Privacy Policy. By using the App or Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms by reference.

11. Term and Termination

These Terms remain in full force and effect while you use the App or Site. Without limiting any other provision of these Terms, we reserve the right, in our sole discretion and without notice or liability, to deny access to and use of the App and Site (including blocking certain IP addresses) to any person for any reason or no reason, including, without limitation, for breach of any representation, warranty, or covenant contained in these Terms or any applicable law or regulation. We may terminate your use or participation in the App and Site or delete any content or information you have posted at any time, without warning, at our sole discretion.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including, without limitation, pursuing civil, criminal, and injunctive redress.

12. Disclaimer of Warranties

The App and Site are provided to you on an “as is” and “as available” basis. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the App and Site and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranties or representations about the accuracy or completeness of the content of the App or Site or the content of any websites linked to the App or Site, and we will assume no liability or responsibility for any:

  1. Errors, mistakes, or inaccuracies of content and materials.
  2. Personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the App and Site.
  3. Any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein.
  4. Any interruption or cessation of transmission to or from the App or Site.
  5. Any bugs, viruses, trojan horses, or the like which may be transmitted to or through the App or Site by any third party.
  6. Any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the App or Site.

13. Limitation of Liability

In no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the App and Site, even if we have been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount of 30 USD/EUR or the amount paid, if any, by you to us for services during the six (6) month period prior to any cause of action arising, whichever is greater. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers or limitations may not apply to you, and you may have additional rights.

14. Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of:

  1. Your use of the App and Site.
  2. Breach of these Terms.
  3. Any breach of your representations and warranties set forth in these Terms.
  4. Your violation of the rights of a third party, including but not limited to intellectual property rights.
  5. Any overt harmful act toward any other user of the App or Site with whom you connected via the App or Site.

Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

15. Governing Law and Dispute Resolution

These Terms shall be governed by and defined in accordance with the laws of the Czech Republic, without regard to its conflict of law principles. Any dispute arising out of or in connection with these Terms shall be referred to and finally resolved by the courts of the Czech Republic.

16. Special Terms for Apple App Store Users

If you downloaded the App from the Apple App Store, the following additional terms apply:

  1. Acknowledgment — You acknowledge that these Terms are concluded between you and the app owner Ievgeniia Kobzeva (Moodpic.app), and not with Apple Inc. (“Apple”). Ievgeniia Kobzeva, not Apple, is solely responsible for the App and the content thereof.
  2. Scope of License — The license granted to you for the App is limited to a non-transferable license to use the App on any Apple-branded products that you own or control and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions. Such App may be accessed and used by other accounts associated with the purchaser via Family Sharing or volume purchasing.
  3. Maintenance and Support — We are solely responsible for providing any maintenance and support services with respect to the App, as specified in these Terms, or as required under applicable law. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
  4. Warranty — We are solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be our sole responsibility.
  5. Product Claims — You and we acknowledge that we, not Apple, are responsible for addressing any claims of you or any third party relating to the App or your possession and/or use of the App, including, but not limited to:
    • Product liability claims.
    • Any claim that the App fails to conform to any applicable legal or regulatory requirement.
    • Claims arising under consumer protection, privacy, or similar legislation, including in connection with the App’s use of the HealthKit and HomeKit frameworks.
  6. Intellectual Property Rights — You and we acknowledge that, in the event of any third-party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, we, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
  7. Legal Compliance — You represent and warrant that:
    • You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country.
    • You are not listed on any U.S. Government list of prohibited or restricted parties.
  8. Developer Name and Address — Any questions, complaints, or claims with respect to the App should be directed to us via our contact page
  9. Third Party Terms of Agreement — You must comply with applicable third-party terms of agreement when using the App, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the App.
  10. Third Party Beneficiary — You and we acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.

17. Miscellaneous

These Terms and any policies or operating rules posted by us on the App or on the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. These Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Terms or use of the App or Site. You agree that these Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms.

18. Contact Us

If you have questions or comments regarding these Terms, please contact us via our contact page