MoodOrbit Terms of Service

Version 1.3 (draft — individual-operator launch structure) Effective Date: TBD

Review status notes (remove before publication): This is a v1.3 revision of the v1.2 draft. v1.3 changes: the Service is now operated by Gary as an individual (sole operator), not "MoodOrbit SRL." This reflects the actual launch structure — an SRL will be formed only when revenue justifies the costs. All highlighted [TO CONFIRM] items still require owner action before the document is considered final. When a PFA or SRL is later formed, a v1.4 revision will substitute the legal-entity name throughout.

Plain-English Summary

MoodOrbit is an anonymous, voice-only peer-support app that matches adults 18+ for short, time-limited conversations when you're feeling a certain way. We are not a medical service, therapy platform, or crisis hotline — we exist to connect you with another person who wants to listen or talk in the moment.

These Terms explain the rules of the platform, your responsibilities, and our limits on liability. They work together with our Privacy Policy, which describes how we handle your data.

If you are experiencing thoughts of self-harm or suicide, or if you are in any emergency situation, please contact emergency services (112 / 911 / 988) or a crisis helpline from our Crisis Resources screen immediately. These services can help in ways MoodOrbit cannot.

1. Agreement to These Terms

By creating an account or using MoodOrbit you agree to these Terms of Service (the "Terms") and our Privacy Policy, which is incorporated by reference and forms part of your agreement with us. If you do not agree to either, do not use the Service.

2. Definitions

For clarity, the following terms have the meanings given below wherever they appear in these Terms, whether capitalised or not:

"MoodOrbit", "we", "us", "our" — Gerald van der Harten, a natural person resident in Romania who operates the Service as an individual sole operator (full details in Section 26). If and when a legal entity (PFA, SRL, etc.) is later formed to take over operation of the Service, these Terms will be re-issued naming that entity, and you will be notified per Section 24.
"Service" — the MoodOrbit mobile application, the associated backend services we operate, and any features we make available through them.
"User", "you", "your" — any individual who creates an account or otherwise uses the Service.
"Match" — the algorithmic pairing of two Users for a voice call based on mood, energy, intent, and language preferences.
"Call" — a 1-on-1 voice conversation between two Users delivered via WebRTC through the Service, limited to between 5 and 15 minutes.
"Vibe Name" — the AI-generated pseudonym assigned to your account in place of a real name.
"Content" — anything a User communicates through the Service, whether voice, text, or symbol.

3. Eligibility and Account Creation

Age requirement. You must be at least 18 years old to use the Service. You affirm this when you create your account. We are not a service for minors, and we will not knowingly permit a minor to use the Service.

Verification. We verify your phone number through SMS one-time password (via our SMS partner). We plan to introduce stronger age-estimation verification in an upcoming release; until that is live, our age check relies on your self-declaration, and we recognise this is a limitation.

If we learn you are under 18 we will immediately suspend your account, delete all personal data associated with your account within 30 days in line with our Privacy Policy, and prevent re-registration until you reach 18.

One account per person. You may not create multiple accounts, share your account credentials, or allow another person to use your account. We may suspend accounts that appear to be duplicates.

4. Description of the Service

MoodOrbit provides two pseudonymous 1-on-1 matching tracks:

Voice (the primary track): 5 to 15-minute voice calls matched by your self-reported mood, energy level, intent (Talk / Listen / Either), and language preferences. Voice audio is transmitted in real time via WebRTC.
Text (the secondary track, introduced in Phase 5.5): up to 5 minutes of written messages matched on the same criteria. Text-mode Users who both agree mid-session may upgrade to a 15-minute voice call using the in-chat "Feel up to voice?" button, with mutual opt-in.

We do not currently record or transcribe voice Calls, and we do not persist the content of text messages (they are transmitted through realtime infrastructure and discarded when the session ends — we cannot produce a transcript). If we introduce any voice-processing or text-processing safety feature in the future (for example, real-time crisis-keyword detection as part of our planned AI Safety Layer, or automated moderation that stores flagged text for review), we will update these Terms and obtain your explicit consent before any content of yours is processed. Any such feature will not be applied retroactively to past sessions.

You receive a pseudonymous Vibe Name — not your real identity. You may save mutual connections, block or report other Users, send and receive anonymous gratitude reactions, and keep a private mood journal visible only to you. Text-mode sessions appear in your Journal as timestamped entries with your mood-before and optional mood-after, but the message content itself is not retained.

5. Acceptable Use Policy

You agree not to use the Service, directly or indirectly, to:

Safety and harm

Encourage, solicit, facilitate, or engage in self-harm or harm to any other person
Share Child Sexual Abuse Material (CSAM) or content that sexually exploits or endangers any minor — we will preserve and report such material to competent authorities as required by law
Engage in non-consensual sexual content, sexual solicitation, or sexual coercion
Harass, bully, stalk, threaten, or intimidate any other User
Use hate speech or promote discrimination based on protected characteristics under applicable law

Privacy and identity

Impersonate any other person or misrepresent your affiliation with any entity
Attempt to obtain another User's real identity, real name, contact details, location, or any information beyond what is shared within the Service
Record, retransmit, broadcast, share, or otherwise attempt to capture the audio of a Call or the content of a text-chat session (screenshots, clipboard copy, third-party recording, OCR tools — all prohibited regardless of technical enforceability; this applies particularly to text, which is easier to capture but equally off-limits)

Platform integrity

Use the Service for commercial solicitation, advertising, recruiting, fundraising, spam, or any unsolicited promotional activity
Attempt to reverse-engineer, decompile, tamper with, or disrupt the Service
Circumvent any safety feature (including blocks, reports, rate limits, daily match caps, or automated suspensions)
Use bots, automated scripts, or any non-human means to interact with the Service
Use the Service for any illegal activity or in violation of any applicable law

Violation may result in immediate suspension or termination of your account, reporting to law enforcement or competent authorities where required or warranted, and preservation of safety-related records for legal defence.

6. Safety Infrastructure — What We Provide and Do Not Provide

MoodOrbit provides a matching service between pseudonymous adults. We are not a counsellor, therapist, mediator, or crisis responder, and we have no ability to intervene inside a live Call.

What we do provide: - A one-tap Block mechanism that prevents future matching with a specific User - A Report mechanism with categorised reasons (harassment, hate speech, sexual content, self-harm concern, other), reviewed where appropriate - Automated safety measures including rate limits, a daily match cap, and an automated suspension when a User accumulates reports from multiple distinct reporters within a short window (subject to the human-review right described in our Privacy Policy) - A Crisis Resources screen accessible during every Call, with country-localised emergency, crisis, and support lines - Pre-match and pre-call warnings reminding Users the Service is not a crisis service

What we do NOT provide: - Real-time monitoring of the content of individual Calls - Pre-screening of what Users say to one another during a Call - Any guarantee that another User will behave safely, kindly, or lawfully - Any ability to prevent a User from harming themselves or others in real time

No duty to intervene. Even though we operate the safety infrastructure above, we do not undertake, and are not able, to intervene in any particular Call. You must not rely on MoodOrbit to prevent harm arising from another User's Content or conduct in real time.

7. MoodOrbit Is Not a Medical, Therapeutic, or Crisis Service

MoodOrbit is designed for everyday emotional support between peers. It is not:

Medical advice or a medical service
Psychotherapy, counselling, or any form of regulated mental-health care
A crisis intervention service
A substitute for professional care from a qualified therapist, counsellor, psychiatrist, doctor, or crisis responder

If you are experiencing thoughts of self-harm or suicide, are in active psychological crisis, or are in any emergency, please contact emergency services (112 / 911 / 988) or a country-specific crisis helpline from our Crisis Resources screen. They can help in ways MoodOrbit cannot.

You acknowledge and agree that using the Service during an active crisis is not its intended use, and that the appropriate resources for crisis situations are the emergency services and helplines identified above. This acknowledgment is an advisory, not a prohibition: we cannot and do not require you to be in a particular emotional state to use the Service. We only ask that if you are in crisis, you also seek help from someone who is qualified to provide it.

8. User Emergency Acknowledgment

You expressly acknowledge that:

MoodOrbit cannot detect, prevent, or respond to emergencies in real time
Other Users on the platform are strangers, not qualified professionals, and their conduct is their own responsibility
In any emergency or situation involving risk to life, health, or safety, you will contact emergency services (112 / 911 / 988 / your country-specific helpline), not rely on MoodOrbit
MoodOrbit's safety features (Block, Report, automated suspensions) are protective tools, not guarantees of safety

9. Disclaimers

9.1 No warranties

To the maximum extent permitted by applicable law (including EU consumer law where it cannot be excluded), the Service is provided "as is" and "as available", without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, uninterrupted operation, error-free performance, or the suitability of any matched User for your needs.

9.2 No liability for User Content or User conduct

MoodOrbit provides a matching and voice-communication technology. We do not pre-screen, moderate in real time, control, or endorse any Content that Users communicate during a Call.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MoodOrbit, its officers, directors, employees, contractors, and service providers disclaim all liability for any harm, psychological distress, self-harm, suicide, suicide attempt, or any other injury or damage of any kind, to the extent such harm arises from (a) another User's Content or conduct during or after a Call, (b) the fact that a particular match occurred, or (c) the User's reliance on the Service in a manner inconsistent with Sections 7 and 8.

This Section 9.2 does not exclude or limit any liability that cannot be excluded or limited under applicable mandatory law (including liability for death or personal injury caused by our gross negligence or intentional misconduct, where applicable consumer protection law prohibits such exclusion).

10. Limitation of Liability

To the maximum extent permitted by applicable law:

MoodOrbit, its officers, directors, employees, contractors, and service providers shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, or emotional distress, arising out of or in connection with the Service or these Terms, whether based in contract, tort, statute, or otherwise, even if we have been advised of the possibility of such damages.
MoodOrbit's total aggregate liability to you for any and all claims arising out of or in connection with the Service or these Terms, in the aggregate, shall not exceed the greater of (a) one hundred euros (€100), or (b) the amounts you have paid to MoodOrbit for the Service in the twelve (12) months preceding the event giving rise to the claim. Because the Service is currently free of charge, this effectively caps aggregate liability at €100, except where applicable mandatory law imposes a higher floor.

This Section 10 does not exclude or limit our liability for: - Death or personal injury caused by our negligence - Fraud or fraudulent misrepresentation - Any other liability that cannot be excluded or limited under applicable mandatory law (including mandatory EU consumer protection law)

11. Indemnification

You agree to indemnify, defend, and hold harmless MoodOrbit and its officers, directors, employees, contractors, and service providers from and against any third-party claims, losses, damages, and reasonable legal fees arising from:

Your willful breach of these Terms
Your willful misconduct during your use of the Service
Your violation of applicable law in connection with your use of the Service
Your infringement of any third party's rights through your conduct on the Service

This indemnification obligation applies only to intentional conduct and violations of law. It does not extend to ordinary or negligent use of the Service and does not limit or waive any rights you have under mandatory consumer protection law.

12. Account Termination, Suspension, and Appeal

12.1 Termination by you

You may delete your account at any time through the in-app Settings. Your data will be handled in accordance with our Privacy Policy (including the 30-day hard-delete window).

12.2 Termination or suspension by us

We may suspend or terminate your account:

With reasonable prior notice for a material violation of these Terms, or for a pattern of lesser violations, giving you an opportunity to cure where practicable.
Immediately and without prior notice only where necessary to (a) protect the safety of other Users, (b) prevent imminent harm, (c) comply with a legal obligation or authority request, or (d) address a severe, clear-cut violation (e.g., CSAM, repeated harassment after prior warning). In any such case we will provide you with notice and the reason for the action as soon as reasonably practicable.

12.3 Appeal of a moderation decision

If your account is suspended or terminated, or if Content of yours is removed, you have the right to contest the decision by contacting us at [TO CONFIRM — appeals@moodorbit.app] within six (6) months of the decision. We will review your appeal by a human reviewer (not an automated system) and respond with a reasoned decision. Where an automated system made the initial decision (for example, the automated suspension at the report threshold), you have the right to request human review of that decision and we will restore the account if the suspension is not warranted.

12.4 Effect of termination

On termination, your right to use the Service ends immediately. Sections 9 (Disclaimers), 10 (Limitation of Liability), 11 (Indemnification), 15 (Disputes), and any other provisions that by their nature should survive termination, will survive.

13. Content Moderation and Complaint Handling (EU Digital Services Act)

In line with our obligations under the EU Digital Services Act (Regulation (EU) 2022/2065), we commit to the following:

Our content-moderation practice is described in Section 5 (Acceptable Use Policy), Section 6 (Safety Infrastructure), and Section 12 (Termination, Suspension, and Appeal). These together constitute our content-moderation policy for DSA purposes.
You may submit a complaint about another User's conduct via the in-app Report feature. You may submit a complaint about our own moderation decisions affecting you via the appeal process in Section 12.3.
We will respond to complaints within a reasonable time and in a non-arbitrary manner.
Our single point of contact for authorities and users under Article 11–12 DSA is: [TO CONFIRM — dsa-contact@moodorbit.app].
Transparency reports will be published as required by the DSA once applicable thresholds are met.

We currently operate below the Very Large Online Platform (VLOP) threshold of 45 million monthly active EU users and the additional obligations applicable to VLOPs do not apply to us.

14. Intellectual Property

All elements of the Service — including the application, logos, source code, design, features, and the Vibe Name generator — are owned by MoodOrbit or its licensors and are protected by applicable intellectual-property laws. We grant you a limited, non-exclusive, revocable, non-transferable licence to use the Service for personal, non-commercial purposes only, subject to these Terms.

You retain all rights in any Content you communicate. You grant MoodOrbit no licence to that Content beyond the technical transmission needed to deliver the Call itself.

15. Third-Party Services

The Service relies on third-party infrastructure providers (our current sub-processors are listed in our Privacy Policy). Their own terms and privacy policies also apply to the relevant aspects of the Service (for example, your phone carrier's terms for SMS delivery, and your device operating system's terms for push notifications). MoodOrbit is not responsible for the practices of third parties where they act independently of our instructions.

16. Disputes and Governing Law

16.1 EU and UK Users

These Terms are governed by the laws of Romania, without giving effect to its conflict-of-laws principles. Disputes shall be resolved in the competent courts of Romania, subject to any mandatory consumer-protection rules of the country in which you reside that grant you a more favourable forum or substantive protection.

16.2 US Users

These Terms are governed by the laws of the State of Delaware, without giving effect to its conflict-of-laws principles. Any dispute arising out of or relating to these Terms or the Service shall be resolved by final and binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, conducted in English. The arbitration may be conducted remotely by phone, video, or written submissions so that you are not required to travel to any specific location; a Wilmington, Delaware venue is available only if both parties agree.

Small claims: nothing in this Section prevents you from bringing a qualifying claim in a small-claims court in your jurisdiction if the claim is within that court's jurisdictional limits.

16.3 EU / UK Users are unaffected by US clauses

The arbitration clause and class-action waiver in Sections 16.2 and 17 are not enforceable against EU or UK Users where prohibited by local mandatory consumer-protection law. EU and UK Users retain all rights to bring claims in their home courts under applicable consumer law.

17. Class Action Waiver (US Users only)

To the extent permitted by law, and subject to Section 16.3, US Users waive any right to participate in a class-action lawsuit or class-wide arbitration against MoodOrbit. Claims must be brought in your individual capacity, not as a plaintiff or class member in any purported representative proceeding.

18. Geographic Restrictions

The Service is not offered in, and you may not use it from, any jurisdiction subject to comprehensive trade sanctions by the European Union, the United Kingdom, or the United States (including, as of the effective date of these Terms, the jurisdictions listed in Annex I of Regulation (EU) No 833/2014 and territories under comprehensive OFAC sanctions). You represent that you are not located in, and are not a resident or national of, any such jurisdiction.

19. Force Majeure

Neither party is liable for any failure or delay in performance caused by events beyond that party's reasonable control, including natural disasters, acts of war or terrorism, widespread internet or telecommunications outages, acts of government, or pandemics. If such an event prevents us from providing the Service for an extended period, either party may terminate the agreement without liability for non-performance during the event.

20. Assignment

You may not assign, transfer, or sublicense these Terms or your account. We may assign these Terms to a successor entity (for example, in connection with a merger, acquisition, or sale of assets) upon notice to you.

21. No Waiver

Our failure to enforce any right or provision of these Terms at any time is not a waiver of our right to enforce that right or provision later.

22. Entire Agreement

These Terms, together with the Privacy Policy and any in-app consent prompts you have accepted, constitute the entire agreement between you and MoodOrbit relating to the Service, and supersede any prior agreements on the same subject.

23. Severability

If any provision of these Terms is held to be invalid or unenforceable in any jurisdiction, that provision shall be severed only in that jurisdiction to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

24. Changes to These Terms

We may update these Terms from time to time.

Non-material changes (clarifications, formatting, contact updates): we will update the effective date and note the change in the Changelog.

Material changes (new obligations on you, changes to safety rules, changes to liability provisions, changes to how we process data): we will notify you in-app and/or by email at least 30 days before they take effect. Continued use of the Service after the new effective date constitutes acceptance of non-material changes.

Material changes affecting special category data (for example, if we introduce any feature that processes your voice content or performs mental-state inference beyond what is currently in the Service): we will request fresh explicit consent from you in-app. If you do not grant the new consent, the new feature will not be enabled for your account, and your existing use of the Service will continue under the terms you have already consented to.

25. Contact

General / support: support@moodorbit.app [TO CONFIRM — mailbox must be created before publication]

Moderation appeals (Section 12.3): [TO CONFIRM — appeals@moodorbit.app]

DSA single point of contact (Section 13): [TO CONFIRM — dsa-contact@moodorbit.app]

Privacy / data protection: privacy@moodorbit.app (see Privacy Policy)

Postal address: Strada Cetatea Histria 6, Bloc A4, Sc E, Apt 75, Bucharest, Romania (Gerald van der Harten operates MoodOrbit as an individual; no registered office yet.)

26. About MoodOrbit

The Service is currently operated by Gerald van der Harten, a natural person resident in Romania at Strada Cetatea Histria 6, Bloc A4, Sc E, Apt 75, Bucharest, acting as the sole operator of the Service. There is no registered legal entity at this time. If and when a Romanian PFA (Persoană Fizică Autorizată) or SRL (Societate cu Răspundere Limitată) is formed to operate the Service, these Terms will be re-issued to name that entity — with the registered office, company registration number, and VAT number added here — and existing users will be notified per Section 24.

27. Changelog

v1.3 — draft 2026-04-24 — Launch-structure correction: operator / contracting party changed from "MoodOrbit SRL" to "Gary (natural person)" throughout. Reflects the actual launch reality: individual developer, no legal entity yet. A v1.4 will reinstate a legal-entity name once a PFA or SRL is formed. Sections 2 ("Definitions"), 25 ("Contact"), and 26 ("About MoodOrbit") updated to reflect individual operator.
v1.2 — draft (TBD) — Phase 5.5 addition: Section 4 rewritten to introduce the text-chat track (5-minute sessions, optional voice upgrade by mutual opt-in, content never persisted), Section 5 prohibition on audio recording extended to text capture (screenshots, clipboard, OCR).
v1.1 — draft (TBD) — Incorporates internal review fixes 1–25 from 2026-04-21: reframed crisis language as advisory rather than user prohibition; added €100 aggregate liability cap; narrowed indemnification to willful conduct and violations of law; added Acceptable Use Policy section including CSAM prohibition; added Safety Infrastructure section with honest description of what we do and do not do; added dedicated "Not a Medical Service" and "User Emergency Acknowledgment" sections; added DSA content-moderation, complaint, and single-point-of-contact section; softened "not recorded/transcribed" language to future-proof for Phase 6 AI safety layer; replaced "with or without notice" termination with safety-carve-out plus appeal right; added AAA remote-arbitration option; added warranty disclaimer, force majeure, assignment, no waiver, entire agreement, geographic restrictions, definitions; required fresh explicit consent for material changes affecting special category data.
v1.0 — April 21, 2026 — Initial internal draft.

`[OPEN QUESTIONS FOR LEGAL REVIEW — remove before publication]`

(Updated 2026-04-24) Operator is currently Gary as a natural person — no registered legal entity. Re-issue as v1.4 (substituting the legal-entity name, registered office, registration number, VAT number throughout Sections 2, 25, 26) when a PFA or SRL is formed.
Create the four mailboxes before publication: support@, appeals@, dsa-contact@, privacy@ at moodorbit.app. If any of these go unmanaged, the corresponding Terms provision is undermined.
Engage a Romanian tech-law specialist to review the whole document, paying particular attention to: - Enforceability of Sections 9–10 (disclaimers + liability cap) under Romanian civil law and EU consumer protection law, especially Articles 1350 and 1533 of the Romanian Civil Code on limits of liability disclaimers. - Whether the €100 aggregate cap in Section 10 is defensible for a free consumer service — ask the lawyer whether a higher nominal cap (€500 / €1000) would be safer given the emotional-support subject matter. - DSA compliance posture in Section 13 — is the in-app Report feature sufficient as the complaint mechanism under Article 20 DSA, or do we need a separate notice-and-action form? - Appeal window of 6 months in Section 12.3 — is this compliant with Article 20(3) DSA's "reasonable period" requirement? - Is the "willful conduct only" narrowing of indemnification in Section 11 defensible under Romanian law?
Engage a California-licensed attorney to review Sections 16.2, 17, and 22 for US / California Users, specifically: - Enforceability of the AAA-remote-arbitration clause post-McGill (California Supreme Court). - Whether the class-action waiver clause survives post-Viking River Cruises (US Supreme Court). - Whether Delaware governing law and Delaware venue (even if remote) will survive California's "unconscionable forum" analysis for California consumers.
Confirm whether the geographic-restriction language in Section 18 needs to be updated for any post-2026 OFAC or EU sanctions changes; maintain a dated reference list somewhere stable.
Confirm the Service's content-moderation practice described in Sections 5–6 matches actual operational practice (manual review cadence, report-threshold for auto-suspend, etc.), because courts will read Sections 5–6 as factual representations, not aspirational.
Confirm that no provision in Sections 9–10 limits liability for grave fault (culpă gravă) or intentional misconduct (dol) under Romanian civil law — if any does, the clause will be struck and may infect surrounding provisions.
Decide whether the appeals process in Section 12.3 should be a separate published notice-and-action policy referenced here, for DSA compliance clarity.
Confirm whether the "no duty to intervene" language in Section 6 is compatible with any specific Romanian duty-of-care doctrine applicable to online platforms processing mental-health-adjacent data.
Confirm the CSAM-reporting commitment in Section 5 is aligned with Romanian national transposition of the EU CSAM directive (once finalised) and the mandatory reporting channels available in Romania.
Consider adding an explicit clause on communications from authorities (law-enforcement requests) — currently Privacy Policy Section 3 mentions compliance with legal obligations, but neither document describes the process. If added, decide whether to publish a transparency report annually.
Confirm whether the 12-month limitation for aggregate-liability reference period in Section 10 (US Users) is enforceable given the Service's free-of-charge nature — some US courts have found zero-dollar caps unconscionable.
Before publication, run a Flesch-Kincaid readability check on this document. EU consumer protection has struck consent based on overly complex terms. Target grade 10 or below for the plain-English sections.
Decide on publication format: ship these Terms as a dedicated in-app screen accessible from onboarding and Settings (matches DSA transparency), not only via a weblink.

End of Terms of Service v1.1 draft.