1. Parties, Acceptance, and Legal Capacity
1.1. Subject Matter and Binding Nature
This End-User License Agreement and Terms of Service (“Agreement” or “EULA”) constitutes a legally binding contract between PingMood(“Application” or “Licensor”) and the individual user (“User”) accessing or using the PingMood iOS application or Next.js Web platform (pingmood.app).
1.2. Age Restriction and Legal Capacity
You represent that you are at least 18 years of age (or at least 16 years of age with parental/guardian consent in your jurisdiction). Use of the Application by individuals under the age of 13 is strictly prohibited.
1.3. Integration with the Privacy Policy
Our Privacy Policy and KVKK / GDPR Disclosure Notice (/privacy) is incorporated into and forms an integral part of this Agreement.
2. Medical Disclaimer, Assumption of Risk, and Emergency Crisis Notice
2.1. Not a Medical Device (SaMD), Psychotherapy, or Healthcare Service
PingMood is a digital journaling tool designed solely for personal growth, self-reflection, mood tracking, and time/goal management. The Application is NOT a Software as a Medical Device (SaMD) under US FDA regulations or EU Medical Device Regulation (MDR Art. 2(1)). No AI insight, mood score, “Water Cup” output, stress percentage, or “I'm Burned Out!” mode constitutes medical, psychological, or psychiatric advice, clinical diagnosis, or treatment.
2.2. Mandatory Physician Consultation and No Delay in Seeking Medical Advice
Pursuant to Apple App Store Review Guideline 1.4.1: You must always consult a qualified physician or licensed mental health professional in addition to using this Application and before making any medical or health decisions. Never disregard professional medical advice or delay seeking it because of outputs generated by PingMood.
2.3. Disclaimer of Doctor-Patient / Therapist-Client Relationship
Use of the Application does not create any doctor-patient, therapist-client, or clinical duty-of-care relationship between the User and PingMood.
2.4. Assumption of Risk and Adverse Effect Warning
Intensive introspection, mind dumping, and reviewing past stress or crisis logs may trigger or heighten anxiety, stress, or emotional sensitivity in some individuals. You use the Application voluntarily at your own risk and agree to immediately discontinue use if you experience emotional distress, panic, or worsening symptoms.
2.5. Non-Emergency Service Warning and International Crisis Helplines Directory
THE APPLICATION IS NOT DESIGNED FOR USE IN MEDICAL OR PSYCHOLOGICAL EMERGENCIES AND IS NOT A CRISIS INTERVENTION CENTER.
If you are experiencing suicidal thoughts, urges to harm yourself or others, severe panic attacks, or an acute crisis, do not wait for an AI response—call the official emergency numbers below immediately:
National Emergency Call Center: 112 • Ministry of Family & Social Services Support Line: ALO 183 (24/7 free) • Green Crescent Counseling: YEDAM 115.
Emergency: 911• Suicide & Crisis Lifeline: 988 • Crisis Text Line: Text "HOME" to 741741 (or "CONNECT" to 686868 in Canada).
EU Emergency: 112 • UK Emergency: 999 / 112 • Samaritans: 116 123 or text "SHOUT" to 85258.
Free, verified 24/7 crisis support in over 130 countries: https://findahelpline.com/ or https://www.befrienders.org/.
2.6. Right to Notify Authorities in Case of Imminent Physical Harm
While PingMood is under no obligation to monitor user content in real time, if we believe in good faith that there is an imminent threat of physical harm to you or others, we reserve the right at our sole discretion to contact emergency or law enforcement authorities as permitted by law.
3. Generative AI (Google Gemini API) Terms of Use and Limitations
3.1. Operating Principle
Analysis and Scrum roadmap modules are powered by Google LLC (Google Gemini API) large language models (LLMs).
3.2. AI Hallucinations, Validation Bias, and Inconsistency
Due to the probabilistic nature of LLMs, the AI may generate inaccurate, incomplete, out-of-context, or misattributed outputs (“hallucinations”). The model cannot access external medical records, may make unsubstantiated inferences to validate your feelings (validation bias), and may provide inconsistent responses across sessions.
3.3. Inability to Take External Action
The AI generates text only; even if it uses affirmative phrasing, it cannot perform any real-world actions such as booking doctor appointments, contacting emergency services, setting device alarms/reminders, sending emails, or modifying app settings.
3.4. Limitations of the AI Memory System and User Responsibility
Recalling past insights via “AI Memory” does not equate to clinical understanding; you are solely responsible for all decisions and actions taken.
4. User Account, Security, and Acceptable Use Policy
4.1. Account Creation and Single-User Restriction
User accounts are strictly personal to the registered account holder and may not be shared, rented, or transferred to any third party. You are solely responsible for maintaining the confidentiality of your login credentials and password.
4.2. Personal and Non-Commercial Use
PingMood is licensed solely for individual self-reflection and personal goal management; it may not be resold for commercial purposes or operated as an enterprise data harvesting tool.
4.3. Prohibited Conduct
Engaging in prompt injection, bypassing AI safety filters (jailbreaking), manipulating the AI credit and balance system, reverse engineering source code, deploying automated bots/scrapers, conducting DDoS attacks, or circumventing API rate limits is strictly prohibited and grounds for immediate account termination.
4.4. Device Security
PingMood is not liable for data leaks, security vulnerabilities, or application malfunctions occurring on jailbroken (iOS) or rooted (Android) devices where operating system security controls have been compromised. Mobile data and roaming charges incurred while using the Application are the User's responsibility.
5. StoreKit 2 Subscriptions, Consumable Credits, and Financial Terms
5.1. PingMood Pro Auto-Renewable Subscription and Billing
PingMood offers auto-renewable “PingMood Pro” subscription plans providing advanced AI insights and Pro capabilities. All purchases made via the iOS application are processed through Apple StoreKit 2 and charged directly to your Apple ID account upon confirmation of purchase.
5.2. 24-Hour Rule, Auto-Renewal, and Cancellation
Subscriptions automatically renew at the end of the selected billing period (monthly or annual) unless canceled at least 24 hours before the end of the current period, and your Apple ID account will be charged for renewal within 24 hours prior to the end of the current period. You cannot cancel your subscription directly inside the PingMood application; subscription management and auto-renewal cancellation must be performed exclusively in your device's iOS Settings > Apple ID > Subscriptions menu.
5.3. Free Trial Forfeiture Rule and Price Changes
Any unused portion of a free trial period, if offered, will be forfeited immediately when the User purchases a paid subscription in accordance with Apple policies. Price changes are governed by Apple Media Services advance notice and explicit opt-in requirements.
5.4. Consumable AI Credits (Consumables)
One-time consumable AI Credits (20, 50, 150 Credits bundles) and the 10 Welcome Bonus Credits granted upon registration are valid solely for in-app AI analysis (Short: 1, Medium: 2, Detailed: 3 Credits) and AI Roadmap generation (3 Credits); they hold no real-world monetary value, cannot be redeemed for cash or cryptocurrency, are non-transferable between accounts, and are permanently reset to zero upon account deletion.
5.5. Refund Policy
Without prejudice to mandatory statutory consumer rights, PingMood does not issue direct refunds for unused partial subscription periods or consumed credits; all refund requests for App Store purchases must be submitted directly to Apple under Apple Media Services terms.
6. Intellectual Property and User Content
6.1. PingMood Intellectual Property
All intellectual and industrial property rights in the PingMood brand, logo, “Neon Zen” design system, source code, Plutchik emotion correlation structure, and stress score algorithms belong exclusively to PingMood.
6.2. Ownership of User Content
You retain full ownership of all journal entries, mood logs, Water Cup mind dumps, and personal goals (“User Content”) that you create within the Application.
6.3. Limited Technical Hosting License
You grant PingMood a limited, revocable, non-exclusive technical processing license solely to host your content in encrypted cloud storage, synchronize it across your devices, and (where your explicit consent and privacy switches permit) process it via AI to display insights exclusively back to you.
6.4. Feedback and Copyright Notices
Suggestions and product feedback voluntarily submitted by the User may be utilized for product improvement without any royalty or compensation obligation. Copyright and legal notices may be sent to support@pingmood.app.
7. Apple App Store Mandatory Minimum License Terms
This section sets forth the 6 mandatory minimum terms required for iOS, iPadOS, macOS, and visionOS users downloading the Application via the Apple App Store:
7.1. Acknowledgement and Scope of License
This EULA is concluded between the User and PingMood (“Licensor”) only, and not with Apple Inc. (“Apple”); PingMood, not Apple, is solely responsible for the Application and its content. The license granted to the User is a limited, revocable, non-transferable license to use the Application on any Apple-branded products that the User owns or controls and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions (including Family Sharing and Legacy Contacts where applicable).
7.2. Maintenance and Support
PingMood is solely responsible for providing any maintenance and support services with respect to the Application; Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application.
7.3. Warranty
In the event of any failure of the Application to conform to any applicable warranty, the User may notify Apple, and Apple will refund the purchase price (if any) for the Application to the User; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Application, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be PingMood's sole responsibility.
7.4. Product Claims and Intellectual Property Rights
PingMood, not Apple, is solely responsible for addressing any claims of the User or any third party relating to the Application or the User's possession and/or use of the Application, including: (i) product liability claims, (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement, (iii) claims arising under consumer protection, privacy, or similar legislation, and (iv) investigation, defense, settlement, and discharge of any third-party intellectual property infringement claim.
7.5. Legal Compliance
The User represents and warrants that (i) he/she is 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 (ii) he/she is not listed on any U.S. Government list of prohibited or restricted parties.
7.6. Third-Party Beneficiary
Apple and Apple's subsidiaries are third-party beneficiaries of this EULA, and upon the User's acceptance of the terms and conditions of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against the User as a third-party beneficiary thereof.
8. Disclaimer of Warranties, Limitation of Liability, and Indemnification
8.1. “AS IS” and “AS AVAILABLE” Service
The Application and all AI analyses are provided on an “AS IS” and “AS AVAILABLE” basis without warranties of uninterrupted operation, error-free performance, or fitness for a particular purpose.
8.2. Exclusion of Indirect, Incidental, and Consequential Damages
To the maximum extent permitted by law, PingMood shall not be liable for any indirect, incidental, special, or consequential damages, including loss of profits, loss of data, emotional distress, or reliance on AI outputs.
8.3. Financial Liability Cap
PingMood's total cumulative financial liability arising out of or relating to this Agreement shall in no event exceed the total subscription and credit amounts paid by the User to the Application within the 12 (twelve) months preceding the event giving rise to liability.
8.4. Mandatory Consumer Law Exception
Nothing in this Agreement excludes or limits mandatory consumer protection rights under Turkish Consumer Protection Law No. 6502 or EU Consumer Rights Directives that cannot be waived by contract.
8.5. Indemnification
The User agrees to indemnify and hold harmless PingMood against any claims, damages, and reasonable legal fees arising from the User's breach of this Agreement or engagement in prohibited conduct.
9. Termination, Governing Law, and Dispute Resolution
9.1. Termination by User (In-App Account Deletion) and Suspension
The User may terminate this Agreement at any time by permanently deleting their account directly inside the Application via Settings > Account > Permanently Delete My Account. PingMood reserves the right to suspend or terminate accounts in the event of a security breach or abuse.
9.2. Right to Modify Terms (30 Days Advance Notice for Material Changes)
PingMood may update these terms; material changes affecting paid subscribers or core user rights will be notified at least 30 (thirty) days in advance via in-app notice or email.
9.3. Severability and Force Majeure
If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall remain in full force and effect. PingMood shall not be liable for disruptions caused by force majeure events including natural disasters, cyberattacks, global cloud infrastructure outages, or regulatory restrictions.
9.4. Governing Law, Competent Courts, and Contact
This Agreement is governed by the laws of the Republic of Türkiye. The Courts, Enforcement Offices, and Consumer Arbitration Committees of the Republic of Türkiye have jurisdiction over disputes. Official Contact: support@pingmood.app / privacy@pingmood.app.