Introduction

1.1. These Terms of Use (“Terms”), are a legally binding agreement between Better Mood and every person accessing and/or using Better Mood’s website (“Site”) and/or services (collectively, the “Service”).

1.2. By accessing or using the Service, you are entering into this Terms. You should read this Terms carefully before starting to use our Site. If you do not agree to these Terms, or to any part thereof, you should cease all use of the Service.

1.3. Better Mood reserves the right, in its sole discretion, to revise or modify these Terms at any time, and you agree to be bound by such revisions or modifications. You are responsible for viewing these Terms periodically. Your continued use of our Service after a change or modification of these Terms has been made will constitute your acceptance of the revised Terms. If you do not agree to the Terms, your only remedy is to discontinue your use of our Service and to cancel any Account you have created for use of the Service.

1.4. If you violate the Terms, Better Mood reserves the right to issue you a warning regarding the violation or to immediately terminate or suspend all or part of the Account(s) you have created for using the Service. You agree that Better Mood does not need to provide you notice before terminating or suspending your Account(s), but it may provide such notice in its sole discretion.

1.5. You agree that Better Mood may change any part of the Service, including its content, at any time, or discontinue the Service or any part thereof, for any reason, without notice to you and without liability.

1.6. YOU ARE OBLIGED TO CAREFULLY READ THESE TERMS BEFORE ACCEPTING THEM AND USING THE SITE AND/OR SERVICE. YOU AGREE THAT YOUR USE OF THE SITE AND/OR SERVICE ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTOOD IT, AND AGREED TO BE BOUND BY IT.

Definitions

2.1. Some terms are defined in the introductory part of these Terms. Unless these Terms provide otherwise, wherever used in these Terms, including the introductory part, the following terms when capitalized shall have the following meanings:

Client. User of the Service as explained in these Terms;

Offer. The offer to enter into these Terms provided by Better Mood to the Client through the Site;

Service. The Digital content and coach support provided to the Client as well as the accessibility to the Site;

Digital content. Personalized digital program and coach support sold on the Site;

Distance contract. A contract concluded between the Better Mood and the Client within the framework of a system organized for the distance sale of Digital content;

Site. The website available at https://www.bettermood.com;

Account. In order to use our Service, you would be required to first create an account at the Site.

Disclaimer of Warranty; Limitation of Liability; Indemnifications and Usage

3.1. Better Mood clearly states that it is not a medical organization and cannot give the Client any medical advice or assistance.

3.2. Nothing within Service by Better Mood is associated with, should be taken or understood as medical advice or assistance nor you should rely on this information as a substitute for, nor does it replace, professional medical advice, diagnosis, or treatment.

3.3. If you have any concerns or questions about your health, you should always consult with a physician or other health-care professional. Do not disregard, avoid or delay obtaining medical or health related advice from your health-care professional because of something you may have read on this Site.

3.4. The use of any information provided on this Site is solely at your own risk. Developments in medical research may impact the health advice that appears here. No assurance can be given that the advice contained in this Site will always include the most recent findings or developments with respect to the particular material;

3.5. YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL BETTER MOOD, ITS SUBSIDIARIES, REPRESENTATIVES, AFFILIATES OR AGENTS BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES. THIS INCLUDES WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES. THIS APPLIES REGARDLESS OF THE MANNER IN WHICH DAMAGES ARE CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHERWISE RESULTING FROM (1) THE USE OF, OR THE INABILITY TO USE, THE WEBSITE; (2) THE USE OF, OR THE INABILITY TO USE, BETTER MOOD PROGRAM PURCHASED ON THE WEBSITE; OR (3) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR ITEMS.

3.6. Due to the nature of Service that the Site provides and as the Client’s adherence to the provided use instructions cannot be controlled, Better Mood provides no warranty as to any results or outcomes coming from using Service.

Use of Material on This Site

4.1. This Site (including all its contents) is the property of Better Mood and is protected by copyright, trademark, and other laws of the European Union.

4.2. We authorize you to browse through the Site and print and download copies of material on the Site for your personal, non-commercial use only, so long as you do not remove any copyright or other notices that appear on the material you print or download.

4.3. You agree that you will not otherwise copy, display, or transmit any material on the Site in any manner or medium.

4.4. You also agree not to modify, sell, broadcast, or distribute any material on the Site in any manner or medium, including by uploading the material or otherwise making the material available online.

4.5. Better Mood is not responsible if information that Better Mood makes available on this Site is not accurate, complete or current. We reserve the right to modify the contents of the Site at any time, but we have no obligation to update any information on this Site. You agree that it is your responsibility to monitor changes to the Site.

4.6. You are not required to provide Better Mood with any feedback or suggestions regarding the Service or any of the Services’ Materials. However, should you provide Better Mood with comments or suggestions for the modification, correction, improvement or enhancement of the Service and/or any of the Services’ Materials, then, subject to the terms and conditions of these Terms, you hereby grant Better Mood a non-exclusive, irrevocable, worldwide, royalty-free license, including the right to sublicense, to use and disclose such comments and suggestions in any manner Better Mood chooses and to display, perform, copy, have copied, make, have made, use, sell, offer to sell, and otherwise dispose of Better Mood’s and its sublicensees’ products and content embodying such comments or suggestions in any manner and via any media Better Mood chooses, with or without reference to the source of such comments or suggestions.

Accepting the offer

5.1. The Client will be asked to provide certain information through before receiving the Offer by choosing provided options or typing requested details. The Client is obliged to provide current, correct and comprehensive information that is requested to be provided.

5.2. Upon submission of the information, the Client will be provided with the Offer. The Offer will include information on the following:

1. Payment amount for the relevant Service;
2. Payment options: via credit card or other allowable payment form;
3. Other information that can be important to include in the Offer.

5.3. The Client accepts the Offer once he/she finalize the Account creation through PayPal account or other payment platforms.

Distance contract

6.1. The Distance contract will be concluded at the moment when the Client accepts the Offer and as indicated in paragraph 5.3

6.2. As the Client will accept the Offer electronically, the receipt of acceptance of the Offer will be confirmed electronically.

6.3. The Site makes reasonable efforts to ensure that Service operate as intended, however such Services are dependent upon the internet and other services and providers outside of the control of the Site. By using the Service, the Client acknowledges that the Site cannot guarantee that Service will be uninterrupted, error free or that the information it contains will be entirely free from viruses, hackers, intrusions, unscheduled downtime or other failures. The Client expressly assumes the risk of using or downloading such Service.

6.4. From time to time and without prior notice to the Client, we may change, expand and improve the Service. We may also, at any time, cease to continue operating part or all of the Service or selectively disable certain aspects of the Service. Any modification or elimination of the Service will be done in our sole and absolute discretion and without an ongoing obligation or liability to the Client, and the Client use of the Service do not entitle the Client to the continued provision or availability of the Service.

6.5. The Client furthermore agrees that:

1. He/she shall not access Service if he/she is under the age of 18;
2. The Client will deny access of Service to children under the age of 18. The Client accepts full responsibility for any unauthorized use of the Service by minors.

Payments and fees

7.1. During the period of validity of the Offer, the price for the Service being offered will not increase, except for price changes in VAT-tariffs.

7.2. The Client agrees to:

1. purchase Service from the Site by using valid credit card or other allowed form of payment; provide Better Mood current and complete information as detailed in the purchase order form. If Better Mood discovers or believes that any information provided by Client is inaccurate or incomplete, Better Mood reserves the right to refuse to confirm Client`s payment at their sole discretion and Client forfeits any right to refund paid amount;
2. all transfers conducted through the Site are handled and transacted through third party dedicated gateways to guarantee your protection. Card information is not stored and all card information is handled over SSL encryption. Please read the terms & conditions for the payment gateway chosen for the transaction as they are responsible for the transactions made;
3. The Site may change the subscription plans and the price of the Service from time to time;
4. Our free trials convert on the last day of your trial period (for example, a 7-day trial converts on the seventh day (7) of your trial). If you do not wish to be enrolled into the subscription, you can cancel your account at any time up to the last day of your free trial through your PayPal account or by contacting the support team by email at least 48 hours before the end of current period;
5. Client may easily cancel the subscription through PayPal or contacting the Site’s support team by email.

7.3. All prices and costs are in US Dollars unless otherwise indicated.

Refund policy

8.1. Under the applicable legal acts, Better Mood adheres to a no-refund policy for digital content or Services provided to the Client. Exceptions are made if the digital content or Service is demonstrably different from its description or if it is defective.

In these instances, the Client is required to reach out to our customer support team at [email protected] within 14 days of purchase, providing comprehensive information that demonstrates the product's defect, including any necessary visual evidence. Please note that refunds will not be granted for reasons such as the Client not commencing the program or forgetting to cancel.

8.2. Once a refund is issued, Client no longer has access to the Service. All refunds are applied to the original method of payment. By purchasing Service, Client agrees to this refund policy and relinquishes any rights to subject it to any questions, judgment or legal actions.

Validity and termination

9.1. Better Mood may refuse access to the Service or may terminate your Account(s) without notice for any reason, including, but not limited to, a suspected violation of these Terms, illegal or improper use of your Account(s), or illegal or improper use of the Service, User Content (as defined below), products, or Better Mood’s intellectual property as determined by Better Mood in its sole discretion.

9.2. You may, at any time, terminate your Account and stop using the Service. Please note that if you choose to terminate your Account and/or delete it, Better Mood will no longer be able to provide you with the Service, and the information collected and processed in connection with the Service may be deleted and/or restricted, in accordance with the Site’s policies.

Trademarks

10.1. This Site features logos and other trademarks and service marks that are the property of, or are licensed to Better Mood.

10.2. The Site may also include trademarks or service marks of third parties. All these trademarks are the property of their respective owners, and you agree not to use or display them in any manner without the prior written permission of the applicable trademark owner.

Medical disclaimer

11.1. BEFORE TRYING THE SERVISE BY THE SITE, THE CLIENT SHOULD CONSULT WITH HIS/HER HEALTHCARE SERVICE PROVIDER.

11.2. BETTER MOOD IS NOT A MEDICAL ORGANIZATION AND IS NOT PROVIDING ANY MEDICAL ADVICE OR ASSISTANCE. NOTHING WITHIN THE SERVICE PROVIDED BY THE SITE IS ASSOCIATED WITH, SHOULD BE TAKEN AS, OR UNDERSTOOD AS MEDICAL ADVICE OR ASSISTANCE, NOR SHOULD IT BE INTERPRETED IN SUBSTITUTION FOR ANY MEDICAL ADVICE OR ASSISTANCE, OR USED OR REFERRED TO INSTEAD OF SEEKING APPROPRIATE MEDICAL ADVICE OR ASSISTANCE FROM HEALTH CARE PROVIDERS. THE CLIENT IS SOLELY RESPONSIBLE FOR EVALUATING AND ASSESSING HIS OWN HEALTH, INCLUDING ANY NEED TO SEEK APPROPRIATE GUIDANCE FROM A HEALTH CARE PROVIDER.

Changes to Terms

12.1. These Terms, Privacy Policy and any additional terms and conditions that may apply are subject to change. The Site reserves the right to modify and update the Terms from time to time and such changes shall be effective immediately upon posting to the Site.

12.2. All amended Terms, Privacy Policy and any additional terms and conditions will be posted online. The Site may give notice to the Client of any upcoming changes by sending an email to the primary email address provided by the Client or notifying through the Site.

12.3. The Client understands and agrees that any continued use and access to the Service after any posted updates of the Terms, means that Client voluntarily agrees to be bound by these Terms. If Client does not agree to be bound by the updated Terms, he/she should not use (or continue to use) the Services.

Communication

13.1. In general, Better Mood prefers communication by e-mail. By accepting these Terms, the Client accepts communication by e-mail. For this purpose, the Client is requested to have a valid e-mail address and provide it when filling required information. The Client should check its e-mail messages regularly and frequently. E-mails may contain links to further information and documents on the Site.

13.2. The communication with the Client will be made in English, unless Better Mood and the Client agree to communicate in another language.

13.3. The Client may contact us at any time by sending a message from our Site.

13.4. By submitting a complaint, the Client should clearly indicate that a complaint is submitted and specify the grounds and circumstances concerning the complaint. We will consider the complaint and respond to the Client within 14 calendar days since the day of receipt of a relevant complaint.

Dispute resolution

14.1. Governing Law. This Agreement is governed by the laws of Lithuania without regard to its principles of conflicts of law, and regardless of Client’s location.

14.2. Informal Dispute Resolution. Client agrees to participate in informal dispute resolution before filing a claim. Any complaints in relation to the Site and the Service provided to the Client should be addressed to the Site by contacting by the email. Client should clearly indicate that a complaint is being submitted and specify the grounds and circumstances concerning the complaint. We will send a complaint acknowledgement to the e-mail address from which the complaint has been received. We will consider the complaint and respond to the Client within 14 calendar days of the day of receipt of a relevant complaint. If a dispute is not resolved within 30 calendar days of the day of receipt of a relevant complaint, Client or the Site may bring a formal claim.

14.3. All disputes arising out of or related to these Terms or any aspect of the relationship between Client and the Site, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, will be resolved through arbitration instead of in a court.

14.4. Client agrees that any arbitration under these Terms will take place on an individual basis; class arbitrations and class actions are not permitted and Client is agreeing to give up the ability to participate in a class action.

Miscellaneous

15.1. No person other than the Client shall have any rights under this Agreement.

15.2. Client may not assign any rights under these Terms to any third party. The Site at its sole discretion may assign its rights and obligations under these Terms in full or in part to any third party.

15.3. If any part of these Terms is found by a court of competent jurisdiction to be invalid, unlawful or unenforceable then such part shall be severed from the remainder of the Terms, which shall continue to be valid and enforceable to the fullest extent permitted by law.

15.4. THE USE OF THE SERVICE IS SOLELY AT CLIENT‘S OWN RISK. THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE SITE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE SERVICE, WHETHER EXPRESS OR IMPLIED INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. WE MAKE NO WARRANTY THAT THE SITE OR SERVICE WILL MEET CLIENT`S REQUIREMENTS, OR WILL BE UNINTERRUPTED, TIMELY, SECURE, CURRENT, ACCURATE, COMPLETE OR ERROR-FREE OR THAT THE RESULTS THAT MAY BE OBTAINED BY USE OF THE SITE OR SERVICE WILL BE ACCURATE OR RELIABLE. CLIENT UNDERSTAND AND ACKNOWLEDGE THAT HIS/HER SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY DEFECT IN OR DISSATISFACTION WITH THE SITE OR SERVICE IS TO CEASE TO USE THE SERVICE.

15.5. BY USING OR ACCESING THE SERVICE, CLIENT HEREBY ACKNOWLEDGES THAT HE/SHE HAS READ THESE TERMS, UNDERSTOOD IT, AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS.