terms of service

By making an account, starting a trial or subscription, or otherwise using the Service, you agree to these Terms and to our Privacy Policy, which explains what we collect and why. If you don't agree, don't use the Service.

Some features have extra rules we show you when you use them (for example, a promotion). Those rules are part of these Terms. If they conflict with these Terms, the feature's rules win for that feature.

• You must be at least 13 years old. The Service is not for children under 13, and we don't knowingly let them use it.
• If you are under 18 (or under the age of majority where you live), you may use the Service only with the permission of a parent or legal guardian, who agrees to these Terms for you and is responsible for your use, including any purchases.
• You may not use the Service if the law where you live forbids it, or if we have previously banned you.
• If you use the Service for an organization, you promise you're allowed to accept these Terms for it.

You sign in with a one-time code we email you. There is no password, so keeping your email account secure is how you keep your Mochi account secure. You are responsible for everything that happens under your account, and for keeping the information in it accurate. Tell us straight away at david@diallabs.so if you think someone else has got in.

One person, one account. You may not sell, transfer, or share your account, or make an account for someone else without their permission. Usernames and handles are not property; we may reclaim one that impersonates someone, infringes a trademark, is offensive, or has been inactive for a long time.

• Mochi does not diagnose, treat, cure, or prevent any condition. Suggestions, reminders, schedules, goals, and anything your Mochi “says” are general and automated. They are not tailored advice from a person.
• Talk to a qualified professional before starting, changing, or stopping anything that affects your health, including diet, exercise, sleep, medication, or treatment. Never ignore professional advice or delay getting it because of something in Mochi.
• We may ask whether someone, such as a doctor or therapist, recommended Mochi to you. That question is only so we know how people find us. Answering it doesn't create any relationship with a professional, and it doesn't mean any professional endorses Mochi.
• Stop any activity that causes pain, distress, or harm, and get help. If you are in crisis or think you may be having an emergency, call your local emergency number (911 in the US) or, in the US, call or text 988.
• You use Mochi, and do any habit, at your own risk.

the trial

New subscribers can start a 7-day trial for $1. We may ask how much you'd like to pay for the trial. Whatever you choose, you are charged $1 for it. The trial is one per person, and we may refuse or cancel a trial we believe is a repeat or abuse.

cancelling

• Bought on the web: cancel from your account, or email david@diallabs.so with the email you signed up with. We confirm every cancellation by email.
• Bought in the iOS app: cancel in your Apple ID settings (Settings → your name → Subscriptions). We can't cancel Apple subscriptions for you.
• Cancel at least 24 hours before your trial or current period ends to avoid the next charge. After you cancel, you keep access until the end of the time you've already paid for. Deleting the app or your account does not, on its own, cancel a subscription.

refunds

Payments are non-refundable, and we don't give refunds or credits for partly used periods, unused time, or features you didn't use, except where the law requires it. We may grant a refund at our discretion, and doing so once doesn't oblige us to do it again. Refunds for App Store purchases are handled only by Apple under its policies. If you live in the EU or UK and bought on the web, you have a 14-day right to withdraw. Because the Service starts immediately, you agree it begins straight away and understand that you lose that right once it's fully provided, and that a withdrawal may be reduced in proportion to what you've already used, as the law allows.

payments

• Payments on the web are processed by Stripe, and in the app by Apple. We never see or store your full card number. You authorize us, through them, to charge your payment method for every amount described here.
• If a payment fails, we or our processor may retry it, and we may pause or end your subscription until it's paid. You are responsible for any charges your bank adds.
• Prices can change. We'll tell you before a change affects your subscription, and it applies from your next renewal. If you don't cancel before then, you accept the new price.
• Features in the subscription (“pro” features, such as photo proof) can change over time. We may add, move, or remove features, as long as the subscription stays substantially what you paid for.

The Service has virtual things: coins, energy, levels, streaks, clothes and other items, colours, and your Mochi itself (together, “Virtual Items”). You earn them by using the Service, and we may give them away (for example, coins for making an account).

• Virtual Items are a limited, personal, revocable, non-transferable licence to use them inside the Service. They aren't property, currency, or a financial product. You don't own them, and they have no cash or real-world value.
• They can't be redeemed or exchanged for money, goods, or anything of value from us or anyone else, and they can't be sold, traded, gifted, or transferred outside features we provide for that. Any attempt to do so is void and breaks these Terms.
• We may change, rebalance, reprice, limit, or remove Virtual Items, the ways to earn them, or what they cost, at any time. We may correct balances that come from errors, bugs, or abuse, and remove items obtained that way.
• Virtual Items are not refundable. They are lost if your account ends, and we owe you nothing for them, unless the law requires otherwise.
• Any real-money purchase of Virtual Items we offer in the future is covered by section 5's refund and payment terms.

“Your Content” is anything you put into the Service, including:

• your Mochi's name, your name, and your handle
• your signature
• photos, posts, captions, comments and messages
• your habits and your answers

You keep ownership of Your Content.

To run the Service, you give us a worldwide, non-exclusive, royalty-free, transferable, and sublicensable licence to host, store, copy, process, adapt (for example, resize or crop), display, and distribute Your Content. It is only for operating, securing, improving, and providing the Service, and it passes to our service providers only as far as they need it to do that work for us. For Your Content that you make public, the licence also lets us show it, credited to your handle, in the Service and in materials that promote Mochi. The licence ends when you delete the content or your account, except:

• for copies others have already shared or saved
• for copies in backups, for a limited time
• where we must keep it by law

You promise that:

• you have all the rights needed to post Your Content and to grant this licence
• Your Content and our use of it won't infringe anyone's rights or break any law
• you have permission from anyone identifiable in a photo you post

Posts are public unless you change that. Anything you make public can be seen, saved, screenshotted, and shared by others, and we can't take back copies they've made. We don't endorse Your Content or anyone else's, and we are not responsible for it.

If you send us ideas or feedback, we may use them for any purpose without paying you or owing you anything.

Mochi is meant to be kind. You agree not to use the Service to, and not to help anyone else:

• harass, bully, threaten, stalk, shame, or intimidate anyone, or encourage anyone to hurt themselves
• post hate, violent extremism, or content that demeans people for who they are
• post nudity, sexual content, or anything sexualizing a minor (which we report to the authorities)
• post graphic violence, gore, or content promoting self-harm, suicide, or disordered eating
• post other people's private information, or photos of people without their permission
• impersonate anyone, or misrepresent who you are or your connection to anyone
• post spam, scams, ads, chain posts, or links to malware
• post anything illegal, infringing, or that promotes illegal activity, drugs, weapons, or gambling
• fake your habits or proof to farm coins, streaks, or rankings, or exploit a bug instead of reporting it
• use bots, scripts, scrapers, or automated means to access or collect data from the Service, including to train AI or machine learning models
• copy, modify, reverse engineer, decompile, or make derivative works of the Service, except where the law expressly allows it
• interfere with, overload, probe, or get around the security or limits of the Service, or access it through anything but our interfaces
• make multiple accounts to evade a ban or abuse trials, promotions, or rewards
• use the Service commercially without our written permission

You can report content or accounts and block people in the app. We may review, refuse, hide, remove, or restrict any content or account for any reason, including if we believe it breaks these Terms or puts anyone at risk, with or without notice. We don't have to monitor the Service or keep any content, and we aren't liable for what we remove or for what we miss. We may share information with law enforcement where we believe the law requires it or someone's safety is at risk.

We respect intellectual property and respond to notices under the US Digital Millennium Copyright Act (DMCA). If you believe content on Mochi infringes your copyright, send our copyright agent a notice. It needs:

• your physical or electronic signature
• the work you believe is infringed
• the content you want removed, with enough detail to find it
• your contact details
• a statement that you believe in good faith the use isn't authorized
• a statement, under penalty of perjury, that your notice is accurate and that you own the rights or may act for the owner

Send it to: Copyright Agent, Dial Labs LLC, 15 Beekman Hill Road, Essex Fells, NJ 07021, or david@diallabs.so.

If your content was removed and you believe that was a mistake, you can send a counter-notice to the same address. We end the accounts of repeat infringers where appropriate. Knowingly false claims can make you liable for damages.

The Service and everything in it that isn't Your Content belongs to us or our licensors and is protected by law. That includes:

• Mochi the character, her look, animations, and art
• the name and logos
• the software, design, text, sounds, and Virtual Items

We give you a limited, personal, non-exclusive, non-transferable, revocable licence to use the Service for your own non-commercial use, as these Terms allow. Everything we don't expressly grant, we keep. You may share screenshots and videos of your own Mochi on social media. Please don't use our name, character, or branding in a way that suggests we endorse you, or to make or sell merchandise.

The Service relies on, and may link to, services we don't control: app stores, payment processors, email providers, and social networks. Their own terms and privacy policies apply to your use of them. We aren't responsible for them, and aren't liable for their content, availability, or practices.

If you downloaded the app from Apple's App Store:

• These Terms are between you and us only, not Apple, and we, not Apple, are responsible for the app and its content.
• Your licence to the app is limited to using it on Apple devices you own or control, as the App Store's Usage Rules allow.
• Apple has no obligation to provide maintenance or support for the app.
• If the app fails to meet any warranty that applies, you may tell Apple, and Apple will refund the app's purchase price (if any). To the extent the law allows, Apple has no other warranty obligation for the app.
• We, not Apple, are responsible for any claims relating to the app or your use of it: product liability, failure to meet a legal or regulatory requirement, consumer protection, privacy, or intellectual property claims.
• You promise that you aren't in a country subject to a US government embargo or designated as a “terrorist supporting” country, and aren't on any US government list of prohibited or restricted parties.
• Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

We are always changing Mochi. We may add, change, pause, or remove any part of the Service, on any platform, at any time, including features that are part of a subscription (within the limits in section 5). Some features may be labelled early or beta and may not work as expected. We don't promise the Service will always be available, or that any content or data (including Your Content, streaks, or Virtual Items) will be kept. Keep your own copies of anything that matters to you.

You can stop using the Service and delete your account at any time. Remember to cancel any subscription separately (section 5).

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

• we believe you've broken these Terms or the law
• you've created risk or possible legal exposure for us or others
• your account has been inactive for a long time
• we stop offering the Service

If we end a paid subscription for reasons that aren't your fault, we'll refund the unused part of it. Otherwise, ending your account means losing Your Content and Virtual Items, with no refund.

The parts of these Terms that by their nature should survive the end of the agreement do survive, including sections 7 (licence to content already shared), 6, 11, 16–20, and 22.

The Service is provided “as is” and “as available,” with all faults. To the fullest extent the law allows, we disclaim all warranties, express, implied, or statutory, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any that arise from a course of dealing or usage of trade.

We don't promise that the Service will be uninterrupted, secure, error-free, or free of harmful components, that defects will be fixed, that data won't be lost, or that the Service will help you build any habit or reach any result. You use it at your own risk.

Some places don't allow disclaiming certain warranties, so some of this may not apply to you. Where a warranty can't be disclaimed, it is limited to the shortest period the law allows.

To the fullest extent the law allows, we and our affiliates, officers, employees, agents, suppliers, and licensors 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 from or relating to the Service or these Terms, however caused and on any theory of liability, even if we were told they were possible.

Our total liability for all claims arising from or relating to the Service or these Terms is limited to the greater of (a) the amount you paid us in the 12 months before the event giving rise to the claim, or (b) US $50.

These limits apply even if a remedy fails of its essential purpose. They don't limit liability that the law doesn't allow to be limited, such as for fraud, gross negligence, wilful misconduct, or death or personal injury caused by negligence where that can't be excluded. If you live in the EU or UK, nothing here affects your statutory rights as a consumer.

To the extent the law allows, you will defend, indemnify, and hold harmless us and our affiliates, officers, employees, and agents from any claims, losses, liabilities, damages, costs, and expenses (including reasonable lawyers' fees) arising from:

• Your Content
• your use or misuse of the Service
• your breach of these Terms
• your violation of any law or anyone else's rights

We may take over the defence of any such claim, and you'll cooperate with us.

talk to us first

Before starting any claim, send a written notice describing it and the relief you want to david@diallabs.so, from the email on your account. You and we will try in good faith to resolve it for 60 days. That includes a phone or video call with you personally (and your lawyer, if you have one) if either side asks for one. This step is required. Time limits are paused while it happens.

arbitration

If it isn't resolved, any dispute, claim, or controversy between you and us arising from or relating to the Service or these Terms goes to final, binding arbitration:

• “Disputes” means all of them, including claims that arose before these Terms, and including questions about whether a dispute must be arbitrated. Those questions are for the arbitrator, except as stated below.
• The arbitration is administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, as changed by these Terms.
• It takes place in the county where you live, or by video, phone, or written submissions if you prefer. For claims under $10,000, you choose whether it's decided on written submissions alone.
• We pay the AAA filing, administration, and arbitrator fees above what you'd pay to file in court, unless the arbitrator finds your claim frivolous.
• The arbitrator may award the same individual relief a court could, but only to you individually.
• The Federal Arbitration Act governs this section.

exceptions

Either of us may bring an individual claim in small claims court instead, as long as it stays there. Either of us may go to court to stop infringement or misuse of intellectual property, or unauthorized access to the Service.

no class actions

You and we may bring claims against each other only individually, and not as a plaintiff or class member in any class, collective, consolidated, or representative action or arbitration. The arbitrator may not consolidate claims or preside over any form of class or representative proceeding.

If this class waiver is found unenforceable for a claim, that claim (and only that claim) goes to court, and is put on hold until the individual arbitration is finished. A court, not an arbitrator, decides that question.

mass arbitration

If 25 or more similar claims are filed against us by or with the help of the same or coordinated lawyers or organizations, they'll be handled in batches of up to 50. Only one batch at a time goes to arbitration, with fees charged per batch. The claims are paused, and time limits paused with them, until each batch is resolved. A court may enforce this paragraph.

opting out

You can opt out of arbitration within 30 days of first accepting these Terms. Email david@diallabs.so from the email on your account, saying you opt out of arbitration. Opting out doesn't affect any other part of these Terms.

time limit

To the extent the law allows, any claim must be brought within one year after it arises, or it is permanently barred.

if this section changes

If we change this section, you may reject the change by emailing us within 30 days, and the previous version will keep applying to disputes between us.

These Terms are governed by the laws of the State of New Jersey, USA, and applicable US federal law, without regard to conflict of law rules. For anything not subject to arbitration, you and we agree to the exclusive jurisdiction of the state and federal courts located in New Jersey. If you live in the EU or UK, you also keep the protection of the mandatory laws of your country and may bring claims in its courts.

We may update these Terms. We'll change the date at the top. If a change is material, we'll give you reasonable notice first, by email or in the Service. The changes apply from the date they take effect. If you keep using the Service after that, you accept them. If you don't agree, stop using the Service and cancel any subscription.

• These Terms, the Privacy Policy, and any feature rules are the whole agreement between you and us about the Service, and they replace any earlier agreement.
• If any part of these Terms is unenforceable, it is limited to the minimum needed and the rest stays in effect. This doesn't apply to the class waiver, which is covered in section 19.
• Our not enforcing a right isn't a waiver of it.
• You may not assign these Terms without our consent. We may assign them, including in a merger, acquisition, or sale of assets.
• We aren't liable for delays or failures caused by events beyond our reasonable control.
• You agree to receive communications from us electronically. These include the sign-in codes, receipts, notices about your subscription, and changes to these Terms. Electronic communications satisfy any requirement that they be in writing.
• You agree to follow all export control and sanctions laws that apply to your use of the Service. No agency, partnership, or employment relationship is created by these Terms.
• New Jersey residents: the disclaimers, limits on liability, and indemnity in sections 16–18 apply to you only to the extent New Jersey law allows. Nothing in these Terms takes away a right you have under New Jersey law, including the Truth-in-Consumer Contract, Warranty and Notice Act. Where a provision says it applies “to the extent the law allows,” that includes New Jersey law.
• California residents: under California Civil Code §1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by phone at (800) 952-5210.
• Section headings are for convenience only. “Including” means “including without limitation.”

Dial Labs LLC, 15 Beekman Hill Road, Essex Fells, NJ 07021. Email david@diallabs.so, or for legal notices david@diallabs.so.