Terms & Conditions

Effective date: 14 May 2026 · Last updated: 3 July 2026

These Terms and Conditions ("Terms") form a binding agreement between you and Muddy Toes ELC Limited, a company incorporated in New Zealand, trading as MoodSpace ("MoodSpace", "we", "us", or "our"), and govern your access to and use of the MoodSpace mobile and web applications and related services (collectively, the "Service").

Please read these Terms carefully. By creating an account, linking to a family member's account, or otherwise using the Service, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Service.

1. Important notice about wellbeing and safety

MoodSpace is a wellbeing and communication tool. It is not a medical device, and it does not provide medical, psychological, psychiatric, therapeutic, counseling, or other professional health care advice, diagnosis, or treatment. Content within the Service (including coping suggestions, prompts, and educational material) is for general informational purposes only.

If you or someone else is in danger or in crisis, call your local emergency number immediately, or contact a recognized crisis line in your country. MoodSpace must not be used to communicate emergencies.

Always seek the advice of a qualified health professional with any questions you may have regarding a medical or mental health condition.
Parents and guardians remain responsible for the welfare of their children. MoodSpace supports family communication but does not replace adult supervision or professional support.

2. Who can use MoodSpace

To use MoodSpace, you must:

Be at least the minimum age required by law in your country to use online services without parental consent, or have verifiable consent from a parent or legal guardian; and
Have the legal capacity to enter into a binding agreement (or, if you are a minor, have a parent or legal guardian who accepts these Terms on your behalf).

MoodSpace is designed for use by teens together with their parents or legal guardians. If you are a parent or guardian creating or managing an account for a minor, you represent that you have the authority to do so and you agree to these Terms on the minor's behalf. You are responsible for supervising the minor's use of the Service.

We may refuse, suspend, or terminate accounts that do not meet these requirements.

3. Your account

3.1 Registration

You may need to provide accurate, current, and complete information when creating an account, including an email address and (optionally) a username, display name, role (teen or parent), birthdate, and avatar. You can also sign in through Google or Apple.

3.2 Account security

You are responsible for:

Maintaining the confidentiality of your login credentials.
All activity that occurs under your account.
Notifying us promptly at the address in Section 20 if you suspect unauthorized access to your account.

We are not liable for any loss resulting from unauthorized use of your account where you did not take reasonable steps to protect it.

3.3 One person, one account

Accounts are personal to the individual user. You may not share, sell, transfer, or assign your account to anyone else.

4. Family connections and parent–teen features

MoodSpace allows parents/guardians and teens to link accounts as a "family", invite additional family members, share mood check-ins and reflections, exchange messages, and configure visibility permissions (for example, whether a parent can view a teen's daily reflections).

By using these features, you agree that:

You will only invite or link people who have consented to be added.
A parent or guardian may, where permitted by law and the in-app settings, view or manage specified content shared by a linked teen (such as mood check-ins, reflections, and messages within shared family chats).
Permissions and visibility settings may be adjusted within the app, subject to age-based safeguards we determine appropriate.
You will not use family features to harass, monitor without authority, or otherwise misuse another person's data.

We may impose limits on the number of family members, invitations, or linked accounts to protect the integrity of the Service.

5. Your content

5.1 What is "Your Content"

"Your Content" means any content you submit to or through the Service, including mood check-ins, intensity ratings, notes, context tags, daily reflections, messages (text, voice, media), profile information, avatars, invitations, and feedback.

5.2 Ownership

You retain ownership of Your Content. Submitting content to the Service does not transfer ownership to MoodSpace.

5.3 License to operate the Service

To run the Service, you grant MoodSpace a worldwide, non-exclusive, royalty-free license (including the right to sublicense to the third-party service providers we use to operate the Service) to host, store, copy, transmit, display, and process Your Content solely for the purpose of providing, securing, and improving the Service for you and the family members you have authorized to receive it, and as otherwise described in our Privacy Policy. This license ends when you delete Your Content or your account, subject to reasonable backup retention and to content that has been shared with other users. To the extent permitted by law, you agree not to assert any moral rights you may have in Your Content against us, solely to the extent necessary for us to exercise this license.

5.4 Your responsibility for Your Content

You are solely responsible for Your Content and the consequences of sharing it. You represent that you have the rights necessary to submit Your Content and that it does not infringe any third party's rights or violate any law.

5.5 Voice messages and media

If you record voice messages or upload images, you confirm that any other identifiable individuals captured in that content have given you appropriate permission to share it.

6. Acceptable use

You agree not to use the Service to:

Violate any applicable law or regulation, or anyone else's rights.
Harass, bully, threaten, intimidate, dox, or stalk any person, including other family members.
Send, post, or share content that is unlawful, defamatory, hateful, discriminatory, sexually explicit, exploitative of minors, or that promotes self-harm, suicide, eating disorders, or violence.
Impersonate another person or misrepresent your relationship to a minor (for example, falsely claiming to be a parent or guardian).
Attempt to access accounts, content, or family groups you have not been authorized to access.
Interfere with or disrupt the Service, including by introducing malware, scraping, automated access without permission, or attempting to reverse engineer, decompile, or extract source code (except to the extent expressly permitted by applicable law).
Use the Service to send spam, advertising, or unsolicited commercial messages.
Use the Service for any commercial purpose other than as expressly permitted by us.
Circumvent, disable, or otherwise interfere with security, age, or safety features.
Submit content you know to be false in a way that could cause harm.

We may, at our discretion, investigate violations and take action, including removing content, suspending or terminating accounts, and reporting unlawful conduct to authorities.

7. Content moderation, reporting, and safety review

To keep MoodSpace safe, particularly for minors, we may:

Use automated systems and trained reviewers to detect prohibited content or behavior.
Allow users to report content, messages, or other users.
Conduct authorized administrative review of reported chats or accounts, which may include reviewing specific messages and logging the reviewer, time, duration, reason, and IP address of the review (as described in our Privacy Policy).
Remove content, restrict features, or suspend or terminate accounts where we reasonably believe a violation has occurred or that doing so is necessary to protect users (especially minors), the Service, or third parties.

We are not obligated to monitor Your Content, and our ability to act on reports may be limited. The presence of a feature does not guarantee detection or prevention of all harmful conduct.

8. Privacy

Our collection and use of personal information is described in our Privacy Policy. By using the Service, you acknowledge that you have read and understood the Privacy Policy.

For information about how we secure data, including our encryption commitments at launch, see Section 8 of the Privacy Policy.

9. Third-party services

The Service relies on third-party providers (for example, Supabase, Apple, Google, Resend, and Expo/EAS) and may interoperate with third-party features such as Apple Sign-In, Google Sign-In, app stores, and operating system notifications. Your use of those third-party services is governed by their own terms and privacy policies, and MoodSpace is not responsible for them.

If you sign in using a third-party provider and that provider's account is suspended or terminated, you may lose access to MoodSpace.

10. Intellectual property

The Service, including its software, design, branding, logos, characters and animations, content we provide (such as mood prompts, coping suggestions, and educational material), and underlying technology, is owned by MoodSpace or its licensors and is protected by copyright, trademark, and other intellectual property laws. "MoodSpace", "MoodBuddy", and the associated logos, characters, and visual identity are trademarks or trade dress of Muddy Toes ELC Limited, whether or not registered.

We grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to install the app and use the Service for personal, non-commercial family purposes in accordance with these Terms. We reserve all rights not expressly granted; no rights are granted by implication.

You agree not to:

Copy, modify, adapt, translate, distribute, sell, lease, or create derivative works of any part of the Service.
Use our trademarks, logos, characters, or branding without our prior written permission.
Remove or alter any proprietary notices.

Third-party and open-source software. The Service includes third-party and open-source software components licensed under their own terms. To the extent those terms conflict with these Terms, they govern your use of the relevant components.

Feedback. If you provide us with feedback, suggestions, or ideas about the Service, they are non-confidential, and you grant us a perpetual, irrevocable, worldwide, royalty-free, transferable, and sublicensable license to use and exploit them for any purpose without obligation or compensation to you. To the extent permitted by law, you waive any moral rights in that feedback.

Infringement complaints. If you believe content available through the Service infringes your copyright or other intellectual property rights, contact us at the address in Section 20 with enough detail for us to assess the complaint (the work concerned, the allegedly infringing material, and your contact details). We may remove or disable access to material, and may suspend or terminate the accounts of repeat infringers.

11. Subscriptions, fees, and payments

11.1 Free and premium tiers

Core features of the Service are available free of charge. Some features ("Premium Features") require a paid subscription ("MoodSpace Premium"). A subscription applies to your family group as configured in the app and may be subject to reasonable limits (for example, on the number of family members covered). The current price, billing period, and the features included in each tier are shown in the app and/or the relevant app store before you purchase. Unless stated otherwise, prices include GST and other applicable taxes.

11.2 Purchases through app stores

Subscriptions are purchased through third-party app store platforms (such as Google Play or the Apple App Store). The store operator processes your payment, and its own terms, payment conditions, and refund policies also apply. We do not receive or store your full payment card details.

11.3 Auto-renewal and cancellation

Unless stated otherwise at the time of purchase, subscriptions renew automatically at the end of each billing period until cancelled. You can cancel at any time in your app store's subscription settings; to avoid being charged for the next period, cancel before the renewal date (your app store may require notice, typically at least 24 hours). Cancellation takes effect at the end of the current billing period, and you keep access to Premium Features until then. Except where required by law or by the app store's policies, amounts already paid are not refunded on a pro-rata basis.

11.4 Free trials

We may offer free trials, including (a) an in-app trial that does not require payment details and simply expires without charge if you do not subscribe, and (b) app-store trial offers, which may convert into a paid subscription at the end of the trial unless you cancel before the trial ends. Trial length, eligibility (for example, new families only), and conversion terms are shown before you start a trial. We may limit trials to one per family or account and may change or withdraw trial offers for new sign-ups at any time.

11.5 Changes to pricing and Premium Features

We may change subscription prices or the composition of Premium Features from time to time. A price change will not apply until your next renewal, and we will give you reasonable advance notice so that you can cancel before it takes effect. If we materially reduce the Premium Features during a period you have already paid for, you may be entitled to a remedy under applicable consumer law.

11.6 Consumer law

Nothing in this Section limits any right you have under the Consumer Guarantees Act 1993 or other applicable consumer protection law, including any non-excludable right to a refund.

12. Service availability and changes

We work to keep the Service reliable, but we do not guarantee uninterrupted or error-free operation. We may:

Modify, add, or remove features at any time.
Schedule maintenance, downtime, or updates.
Discontinue the Service or any part of it, with reasonable notice where practicable.

We are not liable for any unavailability or modification of the Service, except as required by applicable law.

13. Suspension and termination

You may stop using the Service and delete your account at any time, subject to the data retention rules described in our Privacy Policy.

We may suspend or terminate your access to all or part of the Service at any time, with or without notice, if:

You violate these Terms or any applicable law;
We reasonably believe your conduct could harm you, another user (including a minor), MoodSpace, or a third party;
We are required to do so by law or by a third-party service provider; or
We discontinue the Service.

On termination, your right to use the Service ends. Sections that by their nature should survive (such as Sections 1, 5.3, 10, 14, 15, 16, and 17) will continue to apply.

14. Disclaimers

To the maximum extent permitted by law:

The Service is provided "as is" and "as available", without warranties of any kind, whether express, implied, statutory, or otherwise, including warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, or that the Service will be uninterrupted, secure, or error-free.
MoodSpace does not warrant that any content (including coping suggestions, prompts, or other educational material) is accurate, complete, current, or suitable for your particular situation.
MoodSpace is not a substitute for medical, psychological, or emergency services. See Section 1.

New Zealand consumer law. If you acquire the Service as a consumer in New Zealand, nothing in these Terms excludes, restricts, or modifies any guarantee, right, or remedy you have under the Consumer Guarantees Act 1993 or the Fair Trading Act 1986 that cannot lawfully be excluded. If you acquire the Service for business purposes, you agree that the Consumer Guarantees Act 1993 does not apply, as permitted by section 43(2) of that Act. In other jurisdictions, the exclusions above apply only to the extent permitted by law.

15. Limitation of liability

To the maximum extent permitted by law:

MoodSpace, its affiliates, and its service providers will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, or other intangible losses, arising out of or relating to your use of (or inability to use) the Service.
Our total aggregate liability for all claims arising out of or relating to these Terms or the Service will not exceed the greater of (a) the amounts you paid us for the Service in the 12 months before the event giving rise to the claim, or (b) NZD 100.
These limitations apply regardless of the legal theory of the claim, even if we have been advised of the possibility of such damages, and even if a remedy fails its essential purpose.

Nothing in these Terms limits liability that cannot be limited under applicable law (for example, liability for gross negligence, willful misconduct, or fraud, or for death or personal injury caused by negligence). The New Zealand consumer law paragraph in Section 14 applies equally to this Section.

16. Indemnification

To the extent permitted by law, you agree to indemnify, defend, and hold harmless MoodSpace and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or related to:

Your Content;
Your use of the Service;
Your violation of these Terms or any applicable law; or
Your violation of any rights of another person or entity.

We will give you prompt notice of any such claim and may, at our option, control its defense.

This Section does not require you to compensate us for loss to the extent it is caused by our own breach of these Terms, negligence, or misconduct, and it does not limit any non-excludable rights you have as a consumer. If you are a minor, this Section applies only to the extent it is enforceable against you under applicable law.

17. Governing law and disputes

These Terms are governed by the laws of New Zealand, without regard to conflict-of-laws rules. You and we each submit to the non-exclusive jurisdiction of the courts of New Zealand. If you live outside New Zealand, you may also have the benefit of mandatory consumer protection laws of your country of residence, and nothing in this Section prevents you from bringing a claim in your local courts or tribunals where the law gives you that right. In New Zealand, eligible claims may also be brought in the Disputes Tribunal.

Before initiating any formal dispute, you agree to first contact us at the address in Section 20 and attempt in good faith to resolve the dispute informally. If we cannot resolve the dispute within a reasonable period, either of us may pursue the formal avenues described above.

18. Changes to these Terms

We may update these Terms from time to time. When we make material changes, we will notify you through the app, by email, or by other appropriate means, and update the "Last updated" date above. Your continued use of the Service after the changes take effect means you accept the updated Terms. If you do not agree, you must stop using the Service.

19. Miscellaneous

Entire agreement. These Terms, together with the Privacy Policy and any additional terms presented to you in-product, form the entire agreement between you and MoodSpace regarding the Service.
Severability. If any provision of these Terms is held invalid or unenforceable, the remaining provisions will remain in full force and effect.
No waiver. Our failure to enforce any right or provision is not a waiver of that right or provision.
Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, reorganization, or sale of assets.
Notices. We may provide notices to you through the Service, by email, or by other reasonable means.
Force majeure. We are not liable for any delay or failure to perform caused by events beyond our reasonable control, including natural disasters, internet or infrastructure outages, and acts or omissions of third-party platforms and providers.
Third-party benefit. Sections 14 and 15 are intended to benefit our affiliates and service providers as well as us, and are enforceable by them under subpart 1 of Part 2 of the Contract and Commercial Law Act 2017.

20. Contact us

If you have questions or concerns about these Terms, contact:

Muddy Toes ELC Limited (trading as MoodSpace)
New Zealand
Email: hello@getmoodspace.app

For privacy-related inquiries, see the contact details in our Privacy Policy.

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