Introductory Notice

PLEASE READ THESE TERMS CAREFULLY. THESE TERMS INCLUDE AN AGREEMENT TO INDIVIDUAL ARBITRATION AND A CLASS-ACTION WAIVER. By creating an account, completing a purchase, or selecting a checkbox or other control stating that you agree, you enter into a binding agreement with Mood Pop, Inc. (“Mood Pop,” “we,” “us,” or “our”) and acknowledge the Privacy Policy. Merely visiting a publicly accessible page does not, by itself, create contractual assent. If you do not agree, do not create an account, purchase, or use any account-based or paid service.

1. Scope and Acceptance

These Terms apply to Mood Pop’s websites and digital experiences that link to them, including www.cynthiaoccelli.com, www.moodpop.com, www.theseedbycynthiaoccelli.com, www.theseedbycynthiaoccelli.app, www.resurrectingvenus.com, The Seed by Cynthia Occelli mobile application (the “App”), and related subscriptions, digital content, communications, community features, coaching-related services, and offerings (collectively, the “Services”). A separately identified service, site, promotion, or coaching engagement may be governed by additional terms. If additional terms conflict with these Terms, the additional terms control only for that service. We may prospectively update these Terms. For material changes affecting existing contractual rights, we will provide reasonable notice and request renewed assent where legally required. Changes do not apply retroactively to disputes or rights that accrued before their effective date.

2. Eligibility and Accounts

You must be at least 18 years old and legally capable of entering into a contract to create an account, purchase a subscription, or use account-based portions of the Services. The Services are not offered for independent use by minors. You must provide accurate information, maintain the confidentiality of your credentials, promptly notify us of suspected unauthorized access, and accept responsibility for activity under your account. We may suspend or restrict access where reasonably necessary to address nonpayment, security, fraud, unlawful conduct, material breach, or risk to users or the Services. Any termination without cause of a prepaid company-billed service will include a pro rata refund for the unused portion, except where a platform controls the transaction or law permits otherwise.

3. Privacy, Cookies, and Electronic Communications

Our Privacy Policy, any separately posted Consumer Health Data Privacy Policy, and our cookie or tracking choices explain our information practices. Acknowledging those notices is not a substitute for consent where opt-in consent is legally required. You consent to receive transaction records and contractual notices electronically. You may withdraw electronic-delivery consent by contacting us, but withdrawal may require closure of an online-only account. You may request a paper copy of a contractual notice at no charge. To retain electronic records, you need a device with internet access, a current browser or operating system, and the ability to save or print documents.

4. Purchases, Fees, Automatic Renewal, and Cancellation

Before charging you, the checkout screen will clearly and conspicuously disclose the price, billing interval, length of any trial or promotional period, when recurring charges begin, how the price may change, and how to cancel. By separately affirming the automatic-renewal terms, you authorize recurring charges until cancellation. We will provide a retainable acknowledgment containing the material renewal terms and cancellation mechanism. Company-billed website subscriptions may be cancelled online through account settings or another readily accessible online method without speaking to a representative. Apple App Store and Google Play subscriptions must be managed through the platform account used to subscribe. Deleting the App does not cancel a subscription. Cancellation stops future renewal and ordinarily preserves access through the paid term. We will send renewal or trial-conversion notices when required by law. Fees are non-refundable except as stated at purchase, required by law, required by an app store, or where we discontinue a prepaid service without cause. Nothing limits mandatory cancellation, refund, or restitution rights.

5. Intellectual Property and Limited License

Except for User Content, the Services and all included text, audio, meditations, music, video, graphics, downloads, course materials, podcasts, trademarks, software, interfaces, and design are owned by Mood Pop or its licensors. Subject to these Terms, Mood Pop grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to use the Services for personal, non-commercial purposes. You may not reproduce, distribute, sell, sublicense, publicly perform or display, scrape, frame, bypass access controls, reverse engineer, create derivative works from, or otherwise exploit the Services except as law expressly permits notwithstanding this restriction or Mood Pop authorizes in writing.

6. User Content, Feedback, and Acceptable Use

You retain ownership of content you submit (“User Content”). You grant Mood Pop a worldwide, non-exclusive, royalty-free, sublicensable license to host, store, reproduce, format, modify solely for technical or presentation purposes, display, and distribute User Content as reasonably necessary to operate, secure, moderate, and improve the Services. Public display in advertising or use of your name, likeness, testimonial, or private wellness content requires a separate permission unless the content was submitted through a feature that clearly stated it was for public display. You may not submit unlawful, infringing, defamatory, abusive, threatening, hateful, sexually explicit, deceptive, privacy-invasive, or spam content; impersonate another person; compromise security; scrape; or redistribute paid content. We may moderate content for stated policy, legal, safety, security, authenticity, and technical reasons, but will not suppress a lawful review merely because it is unfavorable. Suggestions and product feedback may be used without restriction or compensation, but do not authorize use of private User Content.

7. Third-Party Services, Links, Promotions, and Endorsements

The Services may link to or interoperate with third-party sites, app stores, processors, social networks, and other services that Mood Pop does not control. Their terms and privacy practices govern your use of those services. We will clearly and conspicuously disclose material connections in endorsements, sponsored content, affiliate promotions, and testimonials as required by law. Testimonials reflect individual experiences, may not be typical, and do not guarantee results. Mood Pop does not purchase fake reviews, condition incentives on positive sentiment, or suppress reviews solely because they are negative.

8. Educational Use; No Professional Advice; Safety and Crisis Notice

The Services provide educational, informational, reflective, and personal-development content only. They do not provide medical, psychiatric, psychological, therapeutic, legal, tax, investment, or other professional advice and do not create a professional-client relationship. Mood Pop does not diagnose, treat, monitor, or prevent any condition. The Services and community areas are not continuously monitored for safety and are not crisis or emergency services. If you may harm yourself or another person, call or text 988 in the United States, call 911 or local emergency services, or go to the nearest emergency department. Do not rely on the Services for urgent assistance. Consult a qualified professional regarding your circumstances. Results vary, and Mood Pop does not guarantee emotional, health, financial, or personal outcomes.

9. Disclaimers

TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” MOOD POP DISCLAIMS IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AVAILABILITY, QUIET ENJOYMENT, AND FREEDOM FROM HARMFUL CODE. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR SUITABLE FOR YOUR PARTICULAR NEEDS. THESE DISCLAIMERS DO NOT LIMIT NON-WAIVABLE STATUTORY WARRANTIES OR RIGHTS.

10. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, MOOD POP AND ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, LICENSORS, AFFILIATES, AND AGENTS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY. AGGREGATE LIABILITY ARISING FROM A SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID FOR THAT SERVICE DURING THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM OR (B) US$100. THESE LIMITATIONS DO NOT APPLY TO FRAUD, WILLFUL MISCONDUCT, GROSS NEGLIGENCE, PERSONAL INJURY OR DEATH TO THE EXTENT CAUSED BY MOOD POP, VIOLATIONS OF NON-WAIVABLE PRIVACY OR CONSUMER RIGHTS, OR LIABILITY THAT LAW OTHERWISE PROHIBITS LIMITING.

11. Indemnity

To the extent permitted by law, you will indemnify and hold harmless Mood Pop and its officers, employees, and agents from third-party claims and reasonable costs arising from your unlawful User Content, your material misuse of the Services, or your knowing violation of another person’s rights. Mood Pop will provide reasonable notice and permit you to participate in the defense, but may control the defense and settlement. This section does not require indemnification for Mood Pop’s own negligence, misconduct, or violation of law.

12. Termination and Discontinuation

You may stop using the Services and cancel future renewal at any time. We may suspend or terminate access for material breach, nonpayment, fraud, security risk, unlawful conduct, or danger to users or the Services, ordinarily after reasonable notice and an opportunity to cure where practicable. We may discontinue an offering for business reasons. If Mood Pop discontinues a prepaid company-billed service without cause before the end of the paid term, Mood Pop will provide a pro rata refund for the unused period. Upon termination, licenses end, but provisions concerning accrued payments, intellectual property, disclaimers, liability limits, dispute resolution, and other terms that by nature should survive will remain effective.

13. Dispute Resolution, Arbitration, and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. After a good-faith informal resolution period of 30 days, either party may require an unresolved dispute arising from these Terms or the Services to be resolved by final, binding, individual arbitration administered by JAMS under its Consumer Arbitration Minimum Standards and the then-current consumer rules. The arbitrator will decide all issues except those a court must decide by law. A consumer may elect a remote hearing or a hearing reasonably near the consumer’s residence. Mood Pop will pay arbitration fees to the extent required by JAMS standards or applicable law. Either party may bring an individual claim in small claims court, and either party may seek temporary injunctive relief concerning unauthorized access or intellectual-property misuse. YOU AND MOOD POP WAIVE A JURY TRIAL AND PARTICIPATION IN CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDINGS TO THE FULLEST EXTENT PERMITTED BY LAW. You may opt out by emailing help (at) cynthiaoccelli (dot) com within 30 days after first accepting these Terms and providing your name, account email, and an unequivocal opt-out statement. If a non-waivable law permits public injunctive relief or another representative remedy, that remedy will be determined as required by law. If the class waiver is unenforceable as to a particular claim, that claim will proceed in court after individual arbitrable claims are completed.

14. Copyright and DMCA

If you believe material on the Services infringes copyright, send a notice containing the information required by 17 U.S.C. § 512(c)(3) to Mood Pop’s designated agent: Mood Pop, Inc., Attention: DMCA Agent, c/o Cynthia Occelli, 2355 Westwood Blvd. #750, Los Angeles, CA 90064, or help (at) cynthiaoccelli (dot) com with “DMCA Notice” in the subject line. A user whose material is removed may submit a counter-notification containing the information required by 17 U.S.C. § 512(g) to the same agent. Mood Pop maintains and reasonably implements a policy for terminating repeat infringers in appropriate circumstances, and will remove or disable access to material as required by law.

15. Mobile Application and App Stores

The App is distributed through the Apple App Store and Google Play. For copies of the App downloaded from the Apple App Store, the license to use the App on Apple devices is governed by Apple’s standard Licensed Application End User License Agreement, available at https://www.apple.com/legal/internet-services/itunes/dev/stdeula/, and if there is a conflict between these Terms and that agreement concerning the iOS app license, that agreement controls to that extent. For copies of the App downloaded from Google Play, these Terms govern the App license. In all cases, these Terms govern your relationship with Mood Pop, including subscriptions, content, and the Services generally. These Terms are between you and Mood Pop, not Apple Inc. or Google LLC, and Mood Pop, not the app store, is solely responsible for the App, its content, support, warranties not disclaimed, legal compliance, product claims, and intellectual-property claims. Apple and its subsidiaries are third-party beneficiaries of Apple’s standard EULA and, upon your acceptance, may enforce it against you. App-store subscription, refund, cancellation, and family-sharing rules control where mandatory. Premium App features may require a paid subscription, compatibility may vary by device and operating system, and we may update, modify, or discontinue App features.

16. Artificial Intelligence, Email, and Community Spaces

Mood Pop may use artificial-intelligence tools to assist with drafting, editing, organization, analytics, support, or product features, and all published content remains subject to our editorial review and approval. Mood Pop will not use private journal entries, mood entries, coaching communications, or other sensitive User Content to train a general-purpose model, and will not permit a model provider to do so, unless Mood Pop first gives a specific notice and obtains any consent required by law. AI-generated or AI-assisted outputs may be incomplete, inaccurate, or unsuitable and must not be treated as professional advice or a safety determination. Marketing email and SMS consent is voluntary and may be withdrawn through the stated unsubscribe, STOP, or HELP mechanisms. Community participation remains subject to published standards and is not confidential or continuously monitored.

17. General Terms and Contact Information

California law governs these Terms except that mandatory consumer protections of your home jurisdiction remain available and federal law governs arbitration. These Terms and incorporated documents are the entire agreement concerning the Services, except for separately accepted terms. If a provision is unenforceable, it will be modified only as necessary and the remainder will continue. Delay in enforcement is not a waiver. You may not assign these Terms without written consent; Mood Pop may assign them in connection with a merger, financing, reorganization, or sale. Neither party is liable for delay caused by events beyond reasonable control, except payment obligations and legally required safeguards. Notices to Mood Pop must be sent to help (at) cynthiaoccelli (dot) com and Mood Pop, Inc., c/o Cynthia Occelli, 2355 Westwood Blvd. #750, Los Angeles, CA 90064. California consumers may contact the Complaint Assistance Unit of the Division of Consumer Services, Department of Consumer Affairs, 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or as otherwise listed by that agency. “Including” means “including without limitation.” No person is a third-party beneficiary except Apple as expressly stated above.