Please read these Terms & Conditions ("Terms") carefully before using the MOG mobile application (the "App") and our website at mogapp.com (the "Website"), operated by MOG ("we," "us," or "our").
By creating an account or using the App, you agree to be bound by these Terms. If you do not agree to these Terms, do not use the App.
1. Description of Service
MOG is a fitness tracking application designed to help users plan, track, and manage facial exercise routines. The App provides tools for setting daily exercise goals, following guided workout routines, tracking streaks, and monitoring progress over time.
2. Health and Fitness Disclaimer
THIS IS IMPORTANT — PLEASE READ CAREFULLY.
- MOG is not a medical device and does not provide medical advice, diagnosis, or treatment. The App is intended for general fitness and wellness tracking purposes only.
- The exercises and routines available in the App are provided for informational and tracking purposes only. We make no claims regarding the medical or health benefits of any exercises.
- You should consult a qualified healthcare professional before beginning any exercise program, including facial exercises, especially if you have any pre-existing medical conditions, injuries, or concerns.
- You perform all exercises at your own risk. We are not responsible for any injury, discomfort, or adverse effects that may result from performing exercises tracked or suggested by the App.
- The App does not replace professional medical advice. If you experience pain, discomfort, or any adverse effects while performing exercises, stop immediately and consult a healthcare professional.
- Any results from using the App may vary between individuals. We do not guarantee any specific outcomes or results from using the App or performing any exercises.
3. Eligibility
You must be at least 16 years of age to create an account and use the App. By creating an account, you represent and warrant that you are at least 16 years old. If you are under 18, you represent that you have obtained parental or guardian consent to use the App and agree to these Terms.
4. Account Registration
- You are responsible for maintaining the confidentiality of your account credentials.
- You are responsible for all activities that occur under your account.
- You agree to provide accurate and complete information when creating your account.
- You must notify us immediately of any unauthorized use of your account.
- We reserve the right to suspend or terminate accounts that violate these Terms.
5. Subscriptions and Payments
5.1 Subscription Plans
MOG offers both free and premium (paid) tiers. Premium features are available through subscription plans (monthly, yearly, or lifetime) purchased as in-app purchases through the Apple App Store.
5.2 Payment Processing
All payments are processed by Apple through the App Store. We do not directly collect or process any payment information. All purchases are subject to Apple's terms and conditions.
5.3 Auto-Renewal
- Subscriptions (monthly and yearly) automatically renew unless auto-renew is turned off at least 24 hours before the end of the current subscription period.
- Your Apple ID account will be charged for renewal within 24 hours prior to the end of the current period.
- You can manage your subscription and turn off auto-renewal in your Apple ID Account Settings at any time after purchase.
5.4 Cancellation
- You may cancel your subscription at any time through your Apple ID Account Settings.
- Cancellation takes effect at the end of the current billing period. You will retain access to premium features until the end of the period you have already paid for.
- No refunds will be provided for any unused portion of a subscription period.
5.5 Free Trials
If we offer a free trial, any unused portion of the free trial period will be forfeited when you purchase a subscription. Trial eligibility is determined by Apple and may be limited to one trial per Apple ID.
5.6 Refunds
All refund requests for in-app purchases must be directed to Apple, as they process all payments. We do not have the ability to issue refunds for App Store purchases. You can request a refund from Apple at reportaproblem.apple.com.
5.7 Price Changes
We reserve the right to change subscription pricing. Any price changes will not affect your current subscription period. You will be notified of price changes before your next renewal, and you may cancel before the new price takes effect.
6. Acceptable Use
You agree not to:
- Use the App for any unlawful purpose or in violation of any applicable laws.
- Attempt to gain unauthorized access to any part of the App, other accounts, or our systems.
- Reverse engineer, decompile, or disassemble any part of the App.
- Use automated systems or bots to access or interact with the App.
- Interfere with or disrupt the integrity or performance of the App.
- Create multiple accounts for abusive purposes.
- Impersonate any person or entity.
7. Intellectual Property
The App, including its design, code, content, exercises, routines, graphics, logos, and trademarks, is owned by MOG and is protected by intellectual property laws. You may not copy, modify, distribute, sell, or create derivative works based on the App without our prior written consent.
"MOG" and the MOG logo are trademarks of MOG. All rights reserved.
8. Your Data
You retain ownership of the personal data you provide to us, including your workout records and exercise history. By using the App, you grant us a limited, non-exclusive license to store, process, and display your data solely for the purpose of providing and improving the service.
We may use anonymized and aggregated data (which cannot identify you personally) for analytics and service improvement purposes.
For full details on how we handle your data, please see our Privacy Policy.
9. Account Termination and Data Deletion
9.1 Termination by You
You may delete your account at any time from within the App's Settings. Upon account deletion:
- All your personal data, workout history, streak data, custom exercises, and routines will be permanently and irreversibly deleted from our servers.
- Any active subscriptions will not be automatically cancelled. You must cancel your subscription through your Apple ID Account Settings before or after deleting your account to avoid further charges.
- This action cannot be undone. Your data cannot be recovered after deletion.
9.2 Termination by Us
We may suspend or terminate your account if you violate these Terms, engage in fraudulent activity, or if we are required to do so by law. In such cases, we will provide notice where reasonably possible.
9.3 Service Discontinuation
We reserve the right to discontinue the App at any time with at least 30 days' notice. In such event, we will provide users with the opportunity to export or delete their data before service termination.
10. Disclaimer of Warranties
THE APP IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
We do not warrant that: (a) the App will be available at all times or without interruption; (b) the App will be error-free or that defects will be corrected; (c) the App will meet your specific requirements; or (d) any results obtained from using the App will be accurate or reliable.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
- MOG SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE APP.
- MOG'S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE APP SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNTS YOU HAVE PAID TO MOG IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED US DOLLARS ($100).
- MOG SHALL NOT BE LIABLE FOR ANY INJURY, HARM, OR ADVERSE EFFECTS RESULTING FROM PERFORMING ANY EXERCISES TRACKED, DESCRIBED, OR SUGGESTED BY THE APP. YOU ACKNOWLEDGE THAT YOU PERFORM ALL EXERCISES AT YOUR OWN RISK.
Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, our liability shall be limited to the maximum extent permitted by law. Nothing in these Terms shall exclude or limit our liability for death or personal injury caused by our negligence, fraud, or any other liability that cannot be excluded by law.
12. Indemnification
You agree to indemnify, defend, and hold harmless MOG and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in any way connected with: (a) your use of the App; (b) your violation of these Terms; or (c) your violation of any rights of another party.
13. Governing Law and Disputes
These Terms shall be governed by and construed in accordance with the laws of Poland, without regard to its conflict of law provisions.
Any disputes arising from or relating to these Terms or your use of the App shall first be attempted to be resolved through good-faith negotiation. If the dispute cannot be resolved within 30 days, either party may pursue resolution through the competent courts in Poland.
If you are a consumer in the European Union, you also have the right to submit disputes to the European Online Dispute Resolution platform at ec.europa.eu/consumers/odr.
14. Changes to These Terms
We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on this page with a revised "Last updated" date and, where appropriate, providing notice within the App. Your continued use of the App after changes are posted constitutes your acceptance of the revised Terms.
15. Severability
If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.
16. Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and MOG regarding your use of the App, and supersede all prior agreements, representations, and understandings.
17. Contact Us
If you have any questions about these Terms, please contact us at:
Email: legal@mogapp.com