Terms of Service

1. Agreement

These Terms of Service (“Terms”) are a legal agreement between you and 140G Labs LLC, a Wyoming limited liability company with its registered office at 30 N Gould St Ste R, Sheridan, WY 82801, United States (“140G Labs,” “we,” “us,” or “our”).

These Terms govern your access to and use of the Mochi mobile application, the website at stretchwithmochi.com, and any related services (collectively, the “Service”). By creating an account, downloading the app, or otherwise using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

Our Privacy Policy is incorporated into these Terms by reference. Any feature-specific supplemental terms we publish in the future will also be incorporated by reference and, in the event of a conflict, those supplemental terms will control for the feature they cover.

2. Eligibility

You may use the Service only if you:

• Are at least 13 years of age (or 16 years if you reside in the European Economic Area, United Kingdom, or Switzerland);
• Are legally capable of entering into a binding contract in your jurisdiction (if you are under 18, a parent or legal guardian must review and accept these Terms on your behalf);
• Have not previously been suspended or removed from the Service; and
• Are not located in a country embargoed by the United States or on any U.S. government list of prohibited or restricted parties.

3. Your Account

• You must provide accurate information when creating your account and keep it up to date.
• You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account.
• You must notify us immediately at help@stretchwithmochi.com if you suspect any unauthorized access.
• You may delete your account at any time via the in-app Settings. Account deletion is permanent and removes your data as described in our Privacy Policy.

4. Subscriptions, Billing, and Free Trial

4.1 Subscription Plans

Mochi offers auto-renewing subscription plans (each a “Subscription”). Current pricing, billing period, and plan details are displayed in the app at the point of purchase and may change from time to time. Plans as of the effective date:

• Mochi Weekly: $4.99 / week (auto-renewing, with a 3-day free trial for new subscribers).
• Mochi Yearly: $49.99 / year (auto-renewing, with a 3-day free trial for new subscribers).

4.2 Free Trial

Mochi offers a 3-day free trial to new subscribers. The free trial is available once per Apple ID or Google account and applies to both the Weekly and Yearly plans. At the end of the 3-day trial period, your Subscription will automatically convert to a paid, auto-renewing Subscription at the price disclosed at the time of sign-up, unless you cancel at least 24 hours before the trial ends.

You can cancel at any time during the trial through your Apple ID or Google account settings (see Section 4.4). Cancellation during the trial takes effect at the end of the trial, after which you will not be charged.

We reserve the right to terminate free-trial access, reclaim any benefits granted, and suspend or terminate accounts if we reasonably determine that a user is abusing free trials, promotional codes, or account creation (for example, by creating multiple accounts to obtain repeated trials).

4.3 Auto-Renewal

Your Subscription will automatically renew at the end of each billing period for the same duration at the then-current price unless you cancel at least 24 hours before the end of the current period.

• Payment will be charged to your Apple ID or Google account at confirmation of purchase.
• Your account will be charged for renewal within 24 hours prior to the end of the current period at the cost of the chosen package.
• Subscriptions may be managed by you, and auto-renewal may be turned off, by going to your Apple ID or Google account settings after purchase (see Section 4.4).
• No cancellation of the current Subscription is allowed during an active Subscription period; cancellation takes effect at the end of the current billing period and you retain access until then.

4.4 Managing and Canceling

Subscriptions are managed, and auto-renewal may be turned off, by going to your account settings after purchase:

• iOS: Settings → [your name] → Subscriptions.
• Android: Google Play Store → Profile → Payments & subscriptions → Subscriptions.

Cancellation takes effect at the end of the current billing period; you retain access until then.

4.5 Payment Processing

All purchases are processed by Apple (App Store) or Google (Play Store). We do not receive, handle, or store your payment card details. Your purchase is also governed by the terms of the applicable app store.

4.6 Refunds

Except where required by law, all fees are non-refundable. Any refund requests must be made directly to Apple or Google through their respective support channels; we do not control and cannot process refunds for in-app purchases.

EU, UK, and Swiss consumers: you may have a statutory right of withdrawal within 14 days of purchase. By starting to use the Service immediately after purchase, you expressly consent to the performance of the contract and acknowledge that you lose your right of withdrawal once the Service has been fully performed.

4.7 Price Changes

We may change Subscription prices from time to time. Any price change will take effect at the start of your next billing period following reasonable notice. For price increases that, under Apple or Google rules, require your explicit consent, your Subscription will not renew at the new price unless you affirmatively accept the new price through the mechanism provided by the applicable app store. If you do not accept, your Subscription will expire at the end of the current period without renewing. If you do not agree to any other price change, you may cancel your Subscription before it takes effect.

5. License to Use the Service

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download and use the Mochi app on devices you own or control, for personal, non-commercial purposes.

This license does not include any right to resell, republish, or redistribute the Service or any of its content.

6. Acceptable Use

You agree that you will not, and will not attempt to:

• Copy, modify, reverse-engineer, decompile, or disassemble any part of the Service, except to the extent permitted by applicable law;
• Use the Service to build a competing product or to benchmark it for competitive purposes;
• Scrape, crawl, or otherwise harvest data from the Service through automated means;
• Upload, submit, or create content that is unlawful, harassing, hateful, defamatory, obscene, sexually explicit, or that infringes another party’s rights;
• Share your account credentials or allow multiple individuals to use a single account;
• Attempt to bypass paywalls, subscription checks, rate limits, or other access controls, or abuse free trials or promotional codes (see Section 4.2);
• Introduce malware, conduct denial-of-service attacks, or otherwise disrupt the Service; or
• Use the Service in violation of any applicable law or regulation.

7. User Content

7.1 Your User Content

The Service may allow you to create custom stretching routines or submit other content (“User Content”). You retain ownership of your User Content.

7.2 License to Us

By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free, sublicensable license to host, store, reproduce, modify (for formatting), and display your User Content solely for the purpose of operating and providing the Service to you.

7.3 Your Representations

You represent and warrant that your User Content does not violate any law or infringe any third-party rights. We reserve the right, but have no obligation, to review, remove, or refuse User Content that violates these Terms, and to suspend or terminate accounts associated with violations.

7.4 Copyright and IP-Infringement Claims

We respect intellectual-property rights. If you believe your copyright or other intellectual-property right has been infringed by User Content on the Service, please send a written notice to help@stretchwithmochi.com that includes:

• Identification of the work you claim has been infringed;
• Identification of the allegedly infringing material and where it is located on the Service;
• Your contact information (name, address, phone, email);
• A statement that you have a good-faith belief that the use is not authorized by the rights holder, its agent, or the law;
• A statement, under penalty of perjury, that the information in your notice is accurate and that you are authorized to act on behalf of the rights holder; and
• Your physical or electronic signature.

We may remove or disable access to material we reasonably believe infringes, and we may terminate accounts of repeat infringers.

8. Intellectual Property

The Service, including the Mochi app, website, exercise videos, illustrations, design, copy, logos, and underlying software, is owned by 140G Labs LLC or its licensors and is protected by copyright, trademark, and other intellectual-property laws. All rights not expressly granted to you are reserved.

“Mochi” and the Mochi logo are trademarks of 140G Labs LLC. You may not use them without our prior written consent.

9. Feedback

If you send us feedback, ideas, or suggestions about the Service, you grant us a perpetual, irrevocable, royalty-free license to use them for any purpose without compensation or obligation to you.

10. Health and Injury Disclaimer

Mochi is a general-wellness and stretching application. It is not a medical device, is not intended to diagnose, treat, cure, or prevent any disease or injury, and is not a substitute for professional medical advice, diagnosis, or treatment.

• Consult a physician before starting any new stretching or exercise program, especially if you are pregnant, have a medical condition, have recently had surgery, or are taking medication.
• Listen to your body. Stop immediately if you feel pain, dizziness, shortness of breath, or any other concerning symptom, and consult a qualified professional.
• Assumption of risk. Physical activity, including stretching, carries an inherent risk of injury. By using the Service you acknowledge this risk and voluntarily assume it.
• No therapeutic claims. Any content in the Service that describes benefits of stretching is general information only and is not personalized medical advice.

To the fullest extent permitted by law, 140G Labs LLC is not liable for any injury, loss, or harm arising from your use of the Service or reliance on its content.

11. Disclaimer of Warranties

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, 140G LABS LLC DISCLAIMS ALL WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

We do not warrant that the Service will be uninterrupted, error-free, secure, or free of viruses or other harmful components. Some jurisdictions do not allow the exclusion of implied warranties, so some of the above may not apply to you; in those jurisdictions our warranties are limited to the minimum extent required by law.

12. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, 140G LABS LLC AND ITS OFFICERS, EMPLOYEES, AGENTS, AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT WILL OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO US FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (US$100).

Some jurisdictions do not allow certain limitations of liability, so some of the above may not apply to you. Nothing in these Terms limits liability that cannot be limited by law, including liability for gross negligence, fraud, or willful misconduct.

13. Indemnification

You agree to indemnify, defend, and hold harmless 140G Labs LLC and its officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (a) your violation of these Terms; (b) your User Content; or (c) your misuse of the Service.

14. Service Modifications and Termination

14.1 Changes to the Service

We may modify, suspend, or discontinue any part of the Service (including features, content, or availability) at any time. We will make commercially reasonable efforts to provide advance notice of material changes that adversely affect paid Subscribers.

If we permanently discontinue the Service as a whole and you have prepaid for an active Subscription period, we will provide a pro-rata refund of the unused portion of that period, except where prohibited by applicable law or by the app store’s refund policies.

14.2 Termination by You

You may stop using the Service at any time and delete your account in-app.

14.3 Termination by Us

We may suspend or terminate your access to the Service at any time, with or without notice, if you violate these Terms or if we reasonably believe such action is necessary to protect the Service or other users.

14.4 Effect of Termination

Upon termination: (i) your right to use the Service ends immediately; (ii) any outstanding payment obligations survive; and (iii) Sections 7 (license grant to us), 8 (IP), 10 (disclaimer), 11-13 (warranties, liability, indemnity), 15 (arbitration), and 16 (governing law) survive termination.

15. Binding Arbitration and Class-Action Waiver

Please read carefully. This section affects your legal rights.

15.1 Informal Resolution First

Before filing any formal claim, you and 140G Labs LLC agree to try to resolve the dispute informally by contacting help@stretchwithmochi.com and providing a short description of the dispute and your contact information. We will attempt to resolve it within 60 days.

15.2 Agreement to Arbitrate

If we cannot resolve the dispute informally, you and 140G Labs LLC agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be resolved by binding individual arbitration administered by JAMS under its Streamlined Arbitration Rules and Procedures, by a single arbitrator. The arbitration will take place in Sheridan, Wyoming, or remotely by videoconference. Judgment on the award may be entered in any court of competent jurisdiction.

Arbitration fees. Payment of all filing, administration, and arbitrator fees will be governed by JAMS’s rules, except that 140G Labs LLC will pay any portion of those fees that exceeds the amount you would have paid to file the same claim in the federal or state court with jurisdiction over your residence. In addition, for claims by a consumer seeking less than US$10,000, 140G Labs LLC will pay all JAMS filing, administration, and arbitrator fees.

15.3 Class-Action Waiver

You and 140G Labs LLC waive the right to participate in any class, collective, mass, or representative action. Disputes must be brought on an individual basis only. The arbitrator may not consolidate more than one person’s claims or preside over any form of representative or class proceeding.

15.4 Exceptions

Either party may bring an individual action in small-claims court for disputes within its jurisdiction. Either party may also seek injunctive or equitable relief in a court of competent jurisdiction for alleged infringement or misuse of intellectual-property rights.

15.5 30-Day Opt-Out

You may opt out of this arbitration agreement by sending a written notice to help@stretchwithmochi.com within 30 days of first accepting these Terms, stating your name, the email associated with your Mochi account, and a clear statement that you wish to opt out of arbitration. Opting out will not affect any other part of these Terms.

15.6 Consumers in the EU, UK, and Certain Other Jurisdictions

If you are a consumer resident in the European Economic Area, the United Kingdom, or another jurisdiction where mandatory arbitration or class-action waivers are not enforceable against consumers, Sections 15.2 and 15.3 do not apply to you to the extent prohibited by local law, and you retain all statutory rights, including the right to bring proceedings in the courts of your country of residence.

16. Governing Law and Jurisdiction

These Terms are governed by the laws of the State of Wyoming, United States, without regard to its conflict-of-laws rules. Except for disputes subject to arbitration under Section 15, any action not subject to arbitration will be brought exclusively in the state or federal courts located in Sheridan County, Wyoming, and you consent to their personal jurisdiction.

Nothing in this section overrides mandatory consumer-protection laws of your country of residence.

17. Apple App Store Additional Terms

The following terms apply if you obtained the Mochi app through the Apple App Store:

• These Terms are concluded between you and 140G Labs LLC only, and not with Apple Inc. (“Apple”). 140G Labs LLC, not Apple, is solely responsible for the app and its content.
• The license granted to you in Section 5 is limited to use of the app on any Apple-branded device that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions.
• Apple has no obligation to furnish any maintenance or support services for the app.
• In the event of any failure of the app to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, for the app to you. To the maximum extent permitted by law, Apple will have no other warranty obligation whatsoever with respect to the app.
• 140G Labs LLC (not Apple) is responsible for addressing any claims relating to the app, including product-liability claims, consumer-protection claims, and claims that the app fails to conform to legal or regulatory requirements.
• 140G Labs LLC (not Apple) is responsible for the investigation, defense, settlement, and discharge of any third-party intellectual-property claim that the app or your use of it infringes that third party’s intellectual-property rights.
• You represent and warrant that you are not located in a country subject to a U.S. government embargo or designated by the U.S. government as a “terrorist supporting” country, and that you are not listed on any U.S. government list of prohibited or restricted parties.
• Apple and its subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.

18. California Residents

If you are a California resident, you have additional rights under the California Consumer Privacy Act / California Privacy Rights Act (“CCPA/CPRA”). Those rights and how to exercise them are described in our Privacy Policy, Section 8.2.

California Civil Code § 1798.83 (“Shine the Light”). California residents may request information about disclosures of their personal information to third parties for those third parties’ direct-marketing purposes. We do not share personal information with third parties for their own direct marketing, so we have no disclosures to report. You may confirm this by contacting privacy@stretchwithmochi.com.

19. Changes to These Terms

We may update these Terms from time to time. When we make material changes, we will update the “Last Updated” date above and provide reasonable notice through the app or by email. Changes become effective on the date stated in the notice. If you do not agree to the updated Terms, you must stop using the Service and may delete your account. Continued use after the effective date constitutes acceptance of the updated Terms.

You consent to receive notices from us electronically (in the app, by email, or on our website), and you agree that such electronic notices satisfy any legal requirement that communications be in writing.

20. Miscellaneous

• Entire agreement. These Terms, together with the Privacy Policy, the applicable app store’s terms, and any feature-specific supplemental terms we publish, form the entire agreement between you and 140G Labs LLC regarding the Service and supersede any prior agreements on the same subject.
• Severability. If any provision is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
• No waiver. Our failure to enforce any right or provision will not be considered a waiver of that right.
• Assignment. You may not assign these Terms without our prior written consent. We may assign them without restriction, including in connection with a merger, acquisition, or sale of assets.
• Force majeure. We are not liable for any failure or delay caused by events beyond our reasonable control.
• Electronic communications. You agree that we may provide notices, disclosures, and other communications to you electronically, and that such communications satisfy any legal requirement that they be in writing.

21. Contact Us

• General support and legal notices: help@stretchwithmochi.com
• Privacy: privacy@stretchwithmochi.com
• Mail: 140G Labs LLC, 30 N Gould St Ste R, Sheridan, WY 82801, United States