Terms & Conditions

Effective Date: November 1, 2025

Last Updated: November 1, 2025

1. Acceptance of Terms

By accessing or using MoodTicker™ ("the Service"), you agree to be bound by these Terms & Conditions. If you do not agree to these terms, please do not use the Service.

2. Service Description

MoodTicker™ is a mood tracking application that allows users to:

Track daily moods using mascot characters
Connect with friends to share moods
View mood history and insights

3. User Accounts

You must provide accurate information when creating an account
You are responsible for maintaining the security of your account credentials
You are responsible for all activities that occur under your account
You must immediately notify us of any unauthorized use of your account

4. Premium Subscriptions

Premium subscriptions are billed monthly ($6.99) or annually ($39.99)
Subscriptions auto-renew unless cancelled before the renewal date
You may cancel your subscription at any time through your account settings
Cancellation takes effect at the end of the current billing period
Deleting your account automatically cancels any active subscriptions immediately

4.1 Points & Rewards Structure

MoodTicker™ uses two point systems to track user engagement and reward activity: Zerkits and LinkUps. This section provides complete transparency on how points are earned.

Two-Point System Overview

MoodTicker™ employs a dual-point system with monthly resets to ensure fair competition:

LinkUps: Reset to 0 on the 1st of each month at 12:00 AM CST. These points measure monthly friend connections.
Zerkits: Reset to 0 on the 1st of each month at 12:00 AM CST. These points measure platform activity and engagement.
Contest Scoring: Monthly contest rankings are calculated as: Total Score = LinkUps + Zerkits

Why Monthly Resets Create Fair Competition

The monthly reset system ensures fairness for all users:

Equal Starting Point: All users—new and veteran alike—begin each month with zero points, creating a level playing field
Activity-Based Competition: Contest winners are determined by measurable platform engagement during that specific contest period
No Accumulated Advantage: Account age and tenure provide no competitive benefit, as all points reset monthly
Fair for Mid-Month Joiners: Users who join after the 1st of the month have less time to compete that month, but will start with zero points like everyone else when the next month begins

Zerkit Earning Methods

Mood Dictionary Game

Earn 1,000 Zerkits for each correct answer
One question available per day
Each mascot has unique word challenges

Mind Fuel

Earn 1,500 Zerkits daily for participating in Mind Fuel
Available once per day

Growth Lab

Earn 1,500 Zerkits daily for participating in the Growth Lab
Available once per day

Birthday Bonus

Log the "Birthday Bee" mascot on your birthday to earn 7,500 Zerkits (one-time per year)

Gifting Zerkits to Friends

Each player has 2,500 Zerkits weekly they can gift to a friend of their choice
You must be linked up with other users to send and receive Zerkits
Weekly gifting allocation resets each week

Gift Subscription Purchases

Purchase a monthly gift subscription for a friend: 5,000 Zerkits to the purchaser
Purchase an annual gift subscription for a friend: 35,000 Zerkits to the purchaser

Right to Modify Earning Methods

MoodTicker™ reserves the right to modify, adjust, add, or remove Zerkit and LinkUp earning methods and point amounts at any time without prior notice. Changes will be reflected in this Terms & Conditions document with an updated "Last Modified" date. Continued use of the Service after such changes constitutes acceptance of the modified point structure.

LinkUps Earning Methods

Friend Connection: 5,000 LinkUps to BOTH users when connecting as friends (via referral link, gift redemption, or direct invite)
Unlinking a Friend: -5,000 LinkUps deducted from the person who initiates the unlink

Monthly Contest Scoring

The monthly skill-based contest ranks users by the formula: Total Score = LinkUps + Zerkits

Contest Prizes (All Digital In-App Features with Zero Monetary Value):

1st Place: 1 Year free Premium subscription + 3 FREE Premium Gift Access Links + Lifetime Access to Winner's Circle*
2nd-10th Place: 3 FREE Premium Gift Access Links + Lifetime Access to Winner's Circle*

*Lifetime Winner's Circle access is conditional and requires maintaining an active MoodTicker™ Premium subscription in good standing. If your subscription lapses, expires, is cancelled, or your account is locked or deleted for any reason, your Lifetime Winner's Circle access will be immediately and permanently revoked and cannot be restored, even if you later resubscribe or reactivate your account.

Important: All contest prizes are digital in-app features with absolute zero monetary value. Prizes cannot be redeemed for cash, sold, or transferred (except Gift Premium Access Links, which are designed to be shared with friends and family who are not already MoodTicker™ subscribers). For complete contest details, see our Contest Rules.

4.4 Data Retention and Subscription Requirements

Active Subscription Requirement

Data Storage Contingency: All claims of "lifetime access," "keep your data forever," "permanent storage," or similar language regarding data retention are explicitly contingent upon maintaining an active, paid subscription to MoodTicker™. Data storage and access are subscription benefits, not permanent guarantees.

Data Deletion Upon Subscription Termination

Your data will be permanently deleted in the following circumstances:

Subscription Cancellation: If you cancel your subscription, all user data (including mood history, friend connections, and account information) will be permanently deleted within 30 days of cancellation
Account Termination: If your account is terminated by MoodTicker™ for violation of terms, all data is deleted immediately and irreversibly
Account Deletion: If you voluntarily delete your account, all data is deleted immediately and cannot be recovered
Payment Failure: If subscription payment fails and is not resolved within 7 days, your account may be downgraded or suspended, and data may be deleted

No Data Recovery

Permanent and Irreversible: Once data is deleted due to subscription cancellation, account termination, or account deletion, it cannot be recovered, restored, or retrieved under any circumstances. MoodTicker™ does not maintain backups of deleted user data.

Free Tier Limitations

Users on free/unpaid accounts have limited data retention and may have their data deleted at any time without notice. Only active, paid subscribers are guaranteed data retention for the duration of their active subscription.

5. Acceptable Use

You agree not to:

Use the Service for any illegal purpose
Violate any laws or regulations
Infringe on intellectual property rights
Harass, abuse, or harm others
Transmit viruses, malware, or harmful code
Attempt to gain unauthorized access to the Service

5.1 Administrative Adjustment of Points

MoodTicker™ reserves the right to add or remove Zerkits and LinkUp Points to and from user accounts at our sole discretion for cause, including but not limited to:

Cheating or Gaming the System: Using exploits, bugs, or manipulative practices to gain unfair advantages in earning points or contest rankings
Fraudulent Activity: Creating fake accounts, using stolen payment methods, or engaging in any form of financial fraud
Multiple Account Abuse: Creating or operating multiple accounts to circumvent contest rules, referral limits, or earning restrictions
Automated Tools or Bots: Using scripts, bots, automation software, or third-party tools to artificially inflate points, achievements, or activity
Exploitation of Bugs: Knowingly exploiting technical errors, glitches, or vulnerabilities to gain unearned points or benefits
Violation of Contest Rules: Breaking monthly contest rules, colluding with other users, or engaging in anti-competitive practices
Terms of Service Violations: Repeated or severe violations of these Terms & Conditions or our Community Guidelines
Account Sharing: Sharing account credentials or allowing unauthorized access to your account for point manipulation
Spam or Abuse: Sending excessive friend invites, creating spam content, or abusing notification systems
Chargebacks or Payment Disputes: Initiating fraudulent chargebacks after receiving subscription benefits or points
User Compensation: Adding bonus points as compensation for technical issues, service disruptions, or support resolutions

Important: The examples listed above are not exhaustive. We reserve the right to adjust points for any conduct that violates the spirit of fair play, compromises the integrity of the Service, or harms the MoodTicker™ community. Point adjustments may range from minor corrections to complete removal of all points, and may be accompanied by account warnings, suspensions, or permanent bans. Users will be notified of significant point adjustments when appropriate.

Contest winners are subject to verification before Winners Circle access is granted. Any attempt to manipulate contest rankings through the practices listed above will result in disqualification and revocation of in-app rewards.

4.3 Subscription Price Changes and Grandfathering Policy

Price Modification Rights

MoodTicker™ reserves the right to modify, adjust, or change subscription prices at any time without prior notice. Price changes may be implemented for any reason, including but not limited to business considerations, market conditions, feature additions, or operational costs.

Current Subscriber Grandfathering

If you maintain an active paid subscription in good standing without interruption, you will retain your original subscription price (the price at which you initially subscribed) for as long as your subscription remains continuously active.

What "Continuously Active" Means:

Your subscription auto-renews successfully each billing cycle (monthly or annually)
No payment failures, declined transactions, or billing errors occur
You do not cancel your subscription at any point
Your account remains in good standing without violations of these Terms of Service

Loss of Grandfathered Pricing

You will forfeit your grandfathered pricing and be subject to current MoodTicker™ subscription rates if any of the following occur:

Payment Failure: Any failed payment, declined transaction, insufficient funds, expired card, or billing error that results in subscription suspension or account locking
Voluntary Cancellation: You cancel your subscription for any reason, even if you later decide to resubscribe
Account Deletion: You delete your MoodTicker™ account, even if you create a new account later
Account Locking: Your account is locked due to nonpayment, and you do not restore it within the 14-day grace period (see Account Locking Policy below)
Terms of Service Violation: Your account is suspended or terminated due to violation of these Terms of Service or Contest Rules
Subscription Expiration: Your subscription expires for any reason and is not immediately renewed

Reopened Account Pricing

If you reopen a MoodTicker™ account or reactivate a subscription after any of the events listed above, you will be charged the current subscription price in effect at the time of reactivation—not your original grandfathered price.

This applies even if:

You had maintained your subscription for years before cancellation
The payment failure was unintentional or due to circumstances beyond your control
You reactivate within days of the interruption
You were a loyal long-term subscriber

Sole Responsibility for Payment Maintenance: It is your sole responsibility to ensure your payment method remains valid, has sufficient funds, and processes successfully each billing cycle. MoodTicker™ is not responsible for payment failures due to expired cards, insufficient funds, bank declines, or any other payment processing issues.

Account Locking Policy (Gift Subscription Expiration)

When a gift subscription expires without renewal:

The account is immediately locked (not downgraded to a free plan—there is no free plan)
All features, including mascots, are locked immediately
User data (Zerkits, LinkUps, moods, friends, contest history) is preserved for 14 days as a grace period
If the user pays within 14 days, the account unlocks and all features restore
If no payment is received within 14 days, the account and all associated data are permanently deleted

If your account is locked due to gift subscription expiration and you pay to reactivate within the 14-day grace period, you will be charged the current subscription price in effect at the time of reactivation—not any previously grandfathered price.

No Exceptions Policy

MoodTicker™ does not make exceptions to this policy. Grandfathered pricing is automatically forfeited upon any subscription interruption, account deletion, payment failure, or terms violation. Customer support cannot restore grandfathered pricing under any circumstances.

Notification of Price Changes

When subscription prices change, MoodTicker™ will make reasonable efforts to notify users via:

Email notifications to active subscribers
In-app announcements or notifications
Updates to this Terms & Conditions page (with updated "Last Modified" date)

However, failure to receive notification does not exempt you from the new pricing structure if your subscription is interrupted or you resubscribe after cancellation.

6. Intellectual Property

All content, mascots, taglines, and features are owned by MoodTicker™
You may not copy, modify, or distribute our content without permission
Your mood data and personal content remain your property

6.1 Third-Party Content and Download Restrictions

Prohibition on Content Download and Reproduction

MoodTicker™ provides access to various forms of content including, but not limited to, videos, images, audio files, music, sound effects, graphics, animations, and other digital media (collectively, "Platform Content"). Users are strictly prohibited from downloading, copying, reproducing, distributing, sharing, possessing offline, or otherwise extracting any Platform Content from the MoodTicker™ application or service.

Third-Party Content Licensing

MoodTicker™ licenses certain Platform Content from third-party content providers, licensors, and rights holders ("Third-Party Providers"). MoodTicker™ does not own, control, or hold intellectual property rights to such third-party content. As a condition of these licensing agreements, MoodTicker™ is contractually obligated to prevent unauthorized downloading, reproduction, distribution, and offline possession of all Third-Party Content by end users.

Prohibited Activities

You expressly agree that you will not, and will not attempt to:

Download, save, capture, record, or otherwise extract any videos, images, audio files, music, sound recordings, or other media content from the MoodTicker™ platform
Use screen recording software, screenshot tools, or any other technology to capture or reproduce Platform Content
Store, archive, or maintain offline copies of any Platform Content
Distribute, share, transmit, publish, or make available any Platform Content to third parties through any means, including but not limited to social media, file-sharing services, cloud storage, email, or messaging platforms
Modify, adapt, remix, or create derivative works based on any Platform Content
Reverse engineer, decompile, or disassemble any portion of the MoodTicker™ application to access or extract Platform Content
Circumvent, disable, or interfere with any security features, digital rights management (DRM), or technical protection measures designed to prevent unauthorized access to or copying of Platform Content
Use any automated tools, bots, scrapers, or similar technologies to access, download, or extract Platform Content
Assist, enable, or encourage any third party to engage in any of the foregoing prohibited activities

Limited Streaming License

Your access to Platform Content is provided solely as a limited, non-exclusive, non-transferable, revocable license to stream and view content within the MoodTicker™ application interface for personal, non-commercial use only. This license does not grant you any ownership rights, intellectual property rights, or right to download, possess, or retain any Platform Content. All rights not expressly granted herein are reserved by MoodTicker™ and the applicable Third-Party Providers.

Compliance with Third-Party Terms

Your use of MoodTicker™ and access to Platform Content is subject to the terms and conditions, end-user license agreements, and content policies of our Third-Party Providers. You agree to comply with all such third-party terms, which are incorporated herein by reference. MoodTicker™ reserves the right to enforce these third-party terms on behalf of its content partners.

Intellectual Property Rights

All Platform Content, whether owned by MoodTicker™ or licensed from Third-Party Providers, is protected by copyright, trademark, patent, trade secret, and other intellectual property laws of the United States and international treaties. Unauthorized downloading, reproduction, or distribution of Platform Content constitutes intellectual property infringement and may subject you to civil and criminal penalties under applicable law.

Monitoring and Enforcement

MoodTicker™ reserves the right to monitor user activity, employ technological measures to detect unauthorized downloading or reproduction of Platform Content, and take any and all actions necessary to enforce these restrictions, including but not limited to:

Immediate termination of your account and subscription without refund
Legal action to recover damages, attorneys' fees, and costs
Reporting violations to appropriate law enforcement authorities
Cooperation with Third-Party Providers in pursuing legal remedies against violators

Indemnification

You agree to indemnify, defend, and hold harmless MoodTicker™, its officers, directors, employees, agents, licensors, and Third-Party Providers from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from or related to your violation of these content download restrictions or your unauthorized use, reproduction, or distribution of Platform Content.

Severability

If any provision of this Section 6.1 is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the remainder of this section shall otherwise remain in full force and effect and enforceable.

7. Data and Privacy

Your use of the Service is governed by our Privacy Policy
We collect and process data as described in our Privacy Policy
You have the right to access, modify, and delete your data

7.1 Automatic Data Deletion and Retention

Notification Deletion Policy

Automatic Deletion: All notifications are automatically and permanently deleted from our systems after 48 hours from creation. This includes friend requests, mood responses, and all other notification types.

Non-Recoverable: Once deleted, notifications cannot be recovered or restored under any circumstances. This deletion is permanent and irreversible.

Mood Visibility and Response Window

24-Hour Response Window: Moods posted by your friends are available for viewing and responding for 24 hours from the time of posting.

Automatic Expiration: After 24 hours, moods that have not been responded to will no longer be available to view in your friends feed. These moods cannot be recovered or made visible again.

Response Requirement: To maintain visibility of a friend's mood, you must send a response within the 24-hour window. Once you respond, the mood will no longer appear in your awaiting response feed.

8. Account Deletion

You may delete your account at any time
Deleting your account permanently removes all your data
Active Stripe subscriptions are automatically cancelled upon account deletion
Account deletion is immediate and cannot be reversed

9. Disclaimers and Limitations of Liability

The Service is provided "as is" without warranties of any kind
We do not guarantee uninterrupted or error-free service
We are not liable for any indirect, incidental, or consequential damages
Our total liability shall not exceed the amount you paid for the Service in the past 12 months

10. Medical and Health Disclaimer

MoodTicker™ is not a medical device or health service. It is not intended to diagnose, treat, cure, or prevent any medical condition. Always consult qualified healthcare professionals for medical advice.

11. Changes to Terms

We may update these Terms & Conditions at any time. Continued use of the Service after changes constitutes acceptance of the new terms.

12. Termination

We reserve the right to suspend or terminate your access to the Service at any time for violation of these terms or for any other reason.

13. Governing Law

These terms are governed by the laws of the jurisdiction in which MoodTicker™ operates, without regard to conflict of law principles.

14. Business Transfer and Change of Ownership

Sale, Merger, or Acquisition

In the event that MoodTicker™ is sold, merged, acquired, or transferred to another company or entity (a "Business Transfer"), your account information and personal data may be transferred to the new owner or successor entity as part of that transaction.

What This Means:

Your user account, mood data, subscription status, and all associated information will transfer to the new owner
The new owner will assume all rights and obligations under these Terms of Service and our Privacy Policy
Your subscription and account will continue under the new ownership unless otherwise notified

Your Rights:

We will notify you via email at least 30 days before any Business Transfer is completed
If you do not agree to the transfer, you may delete your account and cancel your subscription before the transfer date
You will receive a pro-rated refund for any unused portion of an annual subscription if you cancel due to a Business Transfer
The new owner must continue to protect your data according to privacy laws (GDPR, CCPA, etc.)

Notification:

You will receive written notice of any Business Transfer including:

The identity of the new owner
The expected transfer date
Any material changes to how your data will be used
Instructions for opting out if you choose

By continuing to use MoodTicker™ after receiving notification of a Business Transfer, you consent to the transfer of your information to the new owner.

15. Contact Information

For questions about these Terms & Conditions, please contact us at: [email protected]

By using MoodTicker™, you acknowledge that you have read, understood, and agree to be bound by these Terms & Conditions.