Moodiary • Terms of Use

Terms of Use

Last updated: 01/09/2025

These Terms govern the use of the Moodiary app. By downloading or using the app, you fully agree to them.

1) Acceptance

By installing and using Moodiary, you declare that you have read, understood, and accepted these Terms of Use, along with our Privacy Policy.

2) App Usage

3) Subscriptions & Payments

4) Cancellation

You may cancel your subscription at any time via your Apple or Google account settings. Upon cancellation, you will retain access to Premium features until the end of the already-paid period.

5) Disclaimer

Moodiary is provided “as is”. We do not guarantee error-free operation or uninterrupted availability. We are not responsible for decisions made based on reports or insights generated by the app.

6) Intellectual Property

All content, trademarks, design, and code of Moodiary belong to its developers and may not be reproduced without authorization.

7) Limitations of Liability

To the maximum extent permitted by law, we will not be liable for indirect, incidental, or consequential damages arising from the use of the app.

8) Apple Required Terms

8.1 Acknowledgement

You acknowledge that this agreement is concluded between you and us (Moodiary), not with Apple. Moodiary, not Apple, is solely responsible for the app and its content.

8.2 Scope of License

The license granted to you is non-transferable and limited to using the app on Apple-branded devices owned or controlled by you, in accordance with the Usage Rules of the Apple Media Services Terms and Conditions. The app may also be accessed by other accounts associated via Family Sharing or volume purchasing.

8.3 Maintenance and Support

We are solely responsible for providing maintenance and support for Moodiary, as specified in this EULA or as required by law. Apple has no obligation to provide any maintenance or support services for the app.

8.4 Warranty

We are solely responsible for any warranties, express or implied by law, to the extent not disclaimed. In the event of failure to conform to any warranty, you may notify Apple, and Apple will refund the purchase price. To the maximum extent permitted by law, Apple has no other warranty obligations with respect to the app; all other responsibilities remain ours.

8.5 Product Claims

We are responsible for addressing any user or third-party claims regarding the app or its use, including but not limited to: (i) product liability claims; (ii) claims that the app fails to comply with legal or regulatory requirements; and (iii) consumer protection, privacy, or similar claims, including regarding the use of HealthKit and HomeKit frameworks.

8.6 Intellectual Property Rights

In the event of a third-party claim that the app or your use of the app infringes intellectual property rights, we, not Apple, will be solely responsible for investigation, defense, settlement, and discharge of any such claim.

8.7 Legal Compliance

You represent and warrant that: (i) you are not located in a country subject to a U.S. Government embargo, or designated as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

8.8 Developer Data

Developer: Moodiary (Allburn Tech)
Email: contato@allburn.tech
Phone: +55 (19) 98345-5336

8.9 Third-Party Terms

You must comply with applicable third-party terms when using the app, including but not limited to agreements with your mobile data provider.

8.10 Third-Party Beneficiary

You and we acknowledge that Apple and its subsidiaries are third-party beneficiaries of this EULA. Upon your acceptance of these Terms, Apple shall have the right to enforce them against you as a third-party beneficiary.

9) Changes to the Terms

We may update these Terms at any time. The updated version will be published at this link with the effective date. Significant changes will be communicated within the app.

10) Jurisdiction

These Terms are governed by the laws of Brazil. Any disputes shall be resolved in the courts of São Paulo/SP, unless otherwise required by law.

11) Contact

For questions about these Terms, please contact:

Email: contato@allburn.tech

Responsible/DPO: Caique Lourenço