Terms of Service

Effective Date: October 17, 2026

These Terms govern your use of Moodsearch, including our mobile application (the "App") and moodsearch.com (the "Site"; together, the "Services"), provided by Cohost Tech, Inc. ("Cohost," "we," "us,” “our”). By using the Services, you agree to these Terms. If you do not agree, do not use them.

See our Privacy Policy and Consumer Health Data Privacy Policy; they are not part of these Terms. Accepting these Terms does not provide any separate consent required by law.

You must be at least 13 years old to use the App, and at least 14 years old in Quebec. The Site is intended for a general audience and is not directed to children under 13.

The Services are a self-directed tool for self-reflection and education. They do not provide medical care or licensed professional services and are not intended to constitute the practice of medicine, psychology, psychiatric care, licensed counseling, applied behavior analysis, clinical social work, professional therapy, or any other regulated clinical or professional service.

The Services are not intended to diagnose, treat, or manage a medical condition and do not provide professional advice. Do not rely on personalized content as advice or delay seeking professional care because of it. Use does not create a professional relationship.

Not for Emergencies: We do not provide emergency or crisis services and cannot contact anyone for you. If you or someone else is at risk of harm, contact 911 or local emergency services. The Services are not a substitute for professional help or emergency services.

You Are Interacting With AI: In the App, AI generates guided follow-up questions, scores, and other results based on your check-ins. We refer to content generated by AI and provided to you as an "Output." Outputs are generated by AI, not a human.

AI Limitations: Outputs may be inaccurate or unpredictable. Do not rely on factual assertions in an Output without independent verification.

Safety Screening: We use automated screening for certain check-in submissions and may block or stop a check-in. This screening may not detect every risk and is not a crisis-monitoring service.

Keep your account access secure and do not let others use it. You may delete your account in Settings → Delete Account or by emailing privacy@moodsearch.com. See the Privacy Policy for deletion practices.

You shall not:

• use the Services for any illegal or unauthorized purpose.
• input another person’s financial account information, government identification numbers, or account credentials.
• bypass, reverse engineer, or interfere with the Services or their safety controls.
• use the Services to train your own machine learning models.
• falsify your age or attempt to circumvent our age restrictions.
• access, scrape, or extract data from the Services using automated tools (including bots, crawlers, or data-mining tools).
• upload or disseminate any virus, malware, or other malicious code, or otherwise interfere with security-related features of the Services.

We may suspend or terminate access, with or without notice, including for violating these Terms.

Effect of Termination: Upon termination, your license ends. The Indemnity, Intellectual Property, Disclaimer of Warranties, Limitation of Liability, Governing Law & Dispute Resolution, and Apple iOS Notice sections survive. You may lose access to your inputs and Outputs, so keep your own copies.

To the maximum extent permitted by law, you will defend, indemnify, and hold harmless Cohost and its officers, directors, employees, agents, and contractors from any third-party claims and expenses (including reasonable attorneys’ fees) arising from your misuse of the Services, your content, your violation of law, or your breach of these Terms. WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU (WITHOUT LIMITING YOUR INDEMNIFICATION OBLIGATIONS WITH RESPECT TO THAT MATTER), AND IN THAT CASE, YOU AGREE TO COOPERATE WITH OUR DEFENSE OF THOSE CLAIMS.

Your Content: You retain ownership of the content you input into the Services. As between you and us, you own the personalized AI-generated Outputs provided to you, excluding any Cohost content incorporated into them, and we assign to you any rights we may have in those Outputs. Pattern names, descriptions, and related pattern library content remain ours. Outputs may not be unique, and other users may receive similar Outputs. You grant us a limited license to host, store, process, transmit, and display your content as needed to provide the Services.

User Representations: You represent and warrant that (a) you have all rights necessary to submit your inputs, and (b) your inputs do not infringe or violate any third-party rights (including privacy, publicity, or intellectual property rights).

Our Content: We retain all rights, title, and interest in the Services, including their code, design, pattern library, and proprietary architecture.

License to You: Subject to these Terms, we grant you a personal, limited, revocable, non-exclusive, non-transferable license to access and use the Services for your personal, non-commercial use. For the App, this includes a license to download and install it on a device you own or control.

Feedback: If you submit feedback, suggestions, or ideas, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use, reproduce, modify, and incorporate it into the Services without compensation to you.

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE ERROR-FREE, CONSTANTLY AVAILABLE, OR THAT AI-GENERATED OUTPUTS WILL BE ACCURATE. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR FREE OF HARMFUL COMPONENTS (INCLUDING VIRUSES OR OTHER MALICIOUS CODE), OR THAT DEFECTS WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM US OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. NOTHING IN THESE TERMS DISCLAIMS ANY WARRANTY OR RIGHT THAT CANNOT BE DISCLAIMED UNDER APPLICABLE LAW.

Third-Party Services and Links: The Services may contain links to or integrate with third-party websites, resources, or services. We do not control and are not responsible for third-party content, services, or practices. To the maximum extent permitted by law, your use of third-party services is at your own risk, and we disclaim liability arising from your interaction with them.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, COHOST AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND CONTRACTORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF DATA, ARISING FROM YOUR USE OF OR INABILITY TO USE THE SERVICES. IN NO EVENT SHALL OUR AGGREGATE LIABILITY EXCEED FIFTY U.S. DOLLARS ($50.00). NOTHING IN THESE TERMS EXCLUDES OR LIMITS LIABILITY TO THE EXTENT IT CANNOT LAWFULLY BE EXCLUDED OR LIMITED, INCLUDING LIABILITY FOR FRAUD, WILLFUL MISCONDUCT, OR DEATH OR PERSONAL INJURY WHERE APPLICABLE LAW PROHIBITS SUCH LIMITATION. EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A DISCLAIMER OF WARRANTIES OR LIMITATION OF LIABILITY ALLOCATES RISKS BETWEEN THE PARTIES AND IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS, AND WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. NOTHING IN THESE TERMS DISCLAIMS ANY WARRANTY OR RIGHT THAT CANNOT BE DISCLAIMED UNDER APPLICABLE LAW.

Please read this section carefully. It affects your legal rights, including your right to file a lawsuit in court.

Canadian consumers: Nothing in these Terms removes consumer rights that cannot lawfully be waived under applicable Canadian federal, provincial, or territorial law. The Binding Arbitration, Class Action Waiver, and Exclusive Venue provisions below apply only to the extent permitted by applicable law. These provisions do not apply to consumers in Quebec. The New York governing-law provision does not remove mandatory protections under applicable Canadian law.

Informal Resolution: Before initiating arbitration, you agree to first contact us at support@moodsearch.com with a brief written description of the dispute. You and Cohost will attempt to resolve the dispute informally for at least 30 days before either party initiates arbitration. This requirement does not apply to claims for injunctive or other equitable relief.

Governing Law: Does not apply to consumers in Quebec. These Terms, and any dispute arising out of or related to these Terms or the Services, shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law principles.

Binding Arbitration: Does not apply to consumers in Quebec. Any dispute or claim arising out of or relating to your use of or the provision of the Services under these Terms shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, rather than in court. This arbitration agreement is governed by the Federal Arbitration Act. Any dispute relating to the interpretation, applicability, or enforceability of this arbitration agreement will be resolved by the arbitrator.

Fees and Costs: The AAA Consumer Arbitration Rules require you to pay a consumer filing fee, and Cohost will pay the remaining AAA filing, case management, hearing, and arbitrator fees, except as may be required by applicable law or permitted by those AAA rules.

EFAA Carve-Out: Notwithstanding the foregoing (including the delegation clause above), a court will decide whether 9 U.S.C. Sections 401 to 402 applies, and if it applies, the claimant may elect to proceed in court rather than arbitration.

Exceptions: Nothing in this section limits either party’s right to (a) bring an individual action in small claims court, (b) pursue an enforcement action through an applicable federal, state, or local agency, or (c) seek injunctive relief for intellectual property infringement.

Class Action Waiver: Does not apply to consumers in Quebec. You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

Public Injunctive Relief: Nothing in this section waives any right to seek public injunctive relief that cannot be waived under applicable law.

Exclusive Venue: Does not apply to consumers in Quebec. For any actions not subject to arbitration (other than an individual action in small claims court as permitted under the Exceptions above), you and Cohost irrevocably submit to the exclusive personal jurisdiction of the state and federal courts located in the State of New York.

Changes to Arbitration: Notwithstanding the Modifications section, if we make any substantive change to this Governing Law & Dispute Resolution section, you may reject the change by sending written notice to support@moodsearch.com within 30 days of the change. If you reject, the dispute resolution provisions in effect immediately before the rejected change will continue to govern any dispute between us.

For consumers in Quebec, this paragraph does not authorize unilateral changes to an existing contract or treat continued use alone as acceptance of such changes. We may modify these Terms from time to time. We will post the updated Terms, update the Effective Date, and provide any additional notice required by law. Your continued use of the Services after the updated Terms take effect constitutes your acceptance of them. If you do not agree, stop using the Services.

Service Changes: We may modify, suspend, or discontinue all or any part of the Services (including features) at any time, temporarily or permanently. To the maximum extent permitted by law, we will not be liable for any change to the Services or any suspension or discontinuation of the Services.

This agreement is between you and Cohost, not Apple. This section applies to the App only.

Scope of License: The license granted to you for the App is 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.

Maintenance and Support: Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.

Warranty: Cohost is 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 (if any) for the App to you; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App.

Product Claims: You acknowledge that Cohost, not Apple, is responsible for addressing any claims relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.

Intellectual Property Rights: 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, Cohost, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.

Legal Compliance: You represent and warrant that (a) 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; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.

Third-Party Beneficiaries: Apple and Apple’s subsidiaries are third-party beneficiaries of this agreement, and upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms against you as a third-party beneficiary thereof.

If you have questions about these Terms, please contact us at support@moodsearch.com.

Entire Agreement: These Terms are the entire agreement between you and us regarding the Services.

Severability: If any provision is held unenforceable, it will be modified to the minimum extent necessary to make it enforceable (or, if that is not possible, severed), and the remaining provisions will remain in full force and effect.

Assignment: You may not assign these Terms without our prior written consent. We may assign these Terms at any time.

No Waiver: Our failure to enforce any provision is not a waiver of our right to do so later.

Electronic Notices: We may send you account and service-related notices electronically.

Third-Party Beneficiaries: Except for Apple and Apple’s subsidiaries as described in the Apple iOS Notice section, there are no third-party beneficiaries of these Terms.

Relationship: These Terms do not create any partnership, joint venture, fiduciary relationship, or employer-employee relationship between you and us. You have no authority to bind us in any manner.

Geographic Restrictions: The Services are intended for users in the United States and Canada. If you are outside these countries, do not use the Services.

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