Mashu terms of use

The short version

• These terms are a contract between you and 140G Labs LLC, which makes Mashu (formerly Mochi).
• You can stretch with Mashu for free. If you want, Mashu Plus and some one-time purchases add extras, and Apple handles every payment.
• Plus renews automatically until you cancel it in your iPhone's Settings. Deleting the app or your account does not cancel it.
• Mashu is not medical advice and is not a treatment for any injury or condition. Ask a doctor before you start, and stop if anything hurts.
• These terms include a binding arbitration clause and a class action waiver (section 21), a health disclaimer (section 16) and limits on our liability (section 18). You can opt out of arbitration within 30 days (section 21.5). If you are a consumer in the EU, the UK or another place whose law doesn't allow these clauses, they don't apply to you to that extent.

1. Agreement

These terms of use ("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").

They govern your use of the Mashu app for iPhone (including the versions called Mochi, and its widgets), our websites at getmashu.com and stretchwithmochi.com, and related services (together, the "Service").

By creating an account, downloading the app or using the Service, you agree to these Terms. If you don't agree, don't use the Service. Our privacy policy (getmashu.com/privacy) explains how we handle your personal data. If we publish extra terms for a feature, they are part of these Terms too, and win for that feature where they conflict.

2. Who can use Mashu

You may use the Service only if:

• you are at least 13 years old, or 16 if you live in the European Economic Area, the United Kingdom or Switzerland;
• you can make a binding contract where you live. If you are under 18, a parent or legal guardian must review and accept these Terms for you, and must agree before you buy anything;
• we haven't suspended or removed you from the Service before; and
• you are not in a country under a US embargo, or on a US government list of prohibited or restricted parties.

3. Your account

• Give accurate information and keep it up to date.
• Keep access to your email and your Apple ID secure. You are responsible for what happens in your account.
• Tell us at once at help@stretchwithmochi.com if you think someone else used your account.
• You can delete your account at any time in the app. Deletion is permanent and removes your data as the privacy policy describes. It does not cancel a subscription (section 5.5).

4. What's free

You can use Mashu without paying. The app shows which features and content are free and which need Mashu Plus or a purchase. What is free may change over time (section 20.1).

You need an account to save your progress.

5. Mashu Plus

5.1 What Plus includes

Mashu Plus is an optional subscription. This section applies if you subscribe. The Plus screen in the app shows what Plus includes before you buy it. We may add, change or remove Plus features over time.

5.2 Prices

Plus may come in different plans, such as yearly and monthly. The Plus screen in the app and the App Store show the price of each plan in your currency, including any taxes, before you confirm a purchase.

5.3 Free trial

Plus may come with a free trial for people new to it. The App Store shows the trial's length before you confirm, and Apple allows one free trial per Apple ID. While you have a Mashu account, we send a reminder before the trial ends. If you don't cancel at least 24 hours before the trial ends, Apple charges the plan's price and Plus renews as described in section 5.4.

5.4 Automatic renewal

Plus renews automatically at the end of each period, for the same period and at the then-current price, until you cancel. Apple charges your Apple account within the 24 hours before the period ends. While you have a Mashu account, we send a reminder before each yearly renewal. If a trial or renewal reminder is late or doesn't reach you, Plus still renews and Apple still charges as described here.

5.5 Cancelling

Cancel at any time in your iPhone's Settings: tap your name, then Subscriptions, then Mashu Plus. Cancel at least 24 hours before the current period ends to avoid the next charge. Plus stays on until the end of the period you paid for.

Deleting Mashu or your Mashu account does not cancel Plus. Apple keeps billing you until you cancel.

5.6 Price changes

If the price of Plus changes, Apple tells you before it applies. Where the law or Apple's rules require it, the new price applies only if you agree. If you don't agree, Plus ends at the end of your current period.

5.7 When Plus ends

When Plus ends, its features stop. Items you received while you had Plus stay in your account (section 8).

5.8 Free Plus

We may give Plus for free for a limited time, for example to people who used Mochi before Mashu, as a preview or as a support gesture. Free Plus ends when its stated period ends, doesn't renew and costs nothing.

5.9 Family Sharing

Plus and one-time purchases aren't shared through Family Sharing, unless the App Store says otherwise for a product.

5.10 Sales and offers

From time to time we may offer Plus or other purchases at a lower price for a limited time, or Apple may offer a lower price to people who used to subscribe. Each offer has its own conditions, which the app or the App Store shows before you buy. Apple limits some offers to one per Apple ID.

5.11 Earlier Mochi subscriptions

Versions of Mochi before 1.2.0 sold a subscription called Mochi Access through Apple. If you still pay for one, it gives you Mashu Plus for as long as it renews. Updating the app, deleting it or deleting your account does not cancel it. Check it in your iPhone's Settings, under your name, then Subscriptions, and cancel it there if you want. Making the app free did not refund earlier payments. We may not send the reminders in sections 5.3 and 5.4 for Mochi Access.

6. One-time purchases

Besides Plus, Mashu may sell one-time purchases through Apple, such as a starter kit of items or a pass for an event. The app shows what each one gives you, and its price, before you buy. Items you get stay in your account (section 8). Refunds go through Apple (section 7).

6.1 Limited-time offers

Some purchases are offered only for a limited time or to some players. We may choose who sees an offer, for example by how long you have played. We may not show some offers to people who tell us they are under 18.

6.2 Event passes

An event pass adds rewards you can earn during one event, by playing, in the same way as the event's free rewards. A pass works only for its own event. If Plus includes passes and your Plus ends during an event, the pass's rewards stop unless you bought that event's pass. If we end an event early, we may give pass holders the remaining rewards or another fair remedy.

7. Refunds and your right of withdrawal

Apple sells and bills every purchase in Mashu. Refund requests go to Apple, at reportaproblem.apple.com or through Apple Support. We can't issue refunds for App Store purchases ourselves.

After a refund:

• Plus ends at once;
• a refunded event pass stops giving rewards;
• items you already received may stay in your account, unless section 8 lets us remove them.

Except where the law requires otherwise, payments are non-refundable.

EU, UK and Swiss consumers: Apple sells every purchase in Mashu, so Apple handles any right to cancel or withdraw from a purchase under the law and its own terms. Ask Apple at reportaproblem.apple.com.

8. Paws, items and other virtual things

Paws, shields, outfits, souvenirs, cards and other things in the game ("virtual items") are part of the Service. We give you a personal, limited, non-transferable right to use them in Mashu. They have no cash value, can't be exchanged for money and can't be sold, transferred or given to another account, except as the Service itself allows.

Items you receive, earn or buy stay in your account after Plus ends, unless you use them up or delete your account, or this section or section 20 lets us remove them. We may change the game, for example what things cost in paws, how many paws a stretch earns, rewards, events and rules. Changes apply going forward. We may remove items obtained through a mistake, fraud or a breach of these Terms.

9. Friends and the stretch club

If Mashu's stretch club is available to you:

• Invites. You can invite friends with your link or code. When someone accepts, you become friends in Mashu.
• What friends see. The privacy policy, section 3.5, describes what friends see.
• Club rewards. We set the rules for club rewards, including when an invite counts, and we may change them. Changes apply going forward and don't take back a reward you already received fairly. We may set limits, for example on how many invites count.
• Remove, block, report. You can remove, block or report a friend in the app. We aim to look at reports promptly and may act on them, for example by hiding a name or closing an account. Objectionable content and abusive users aren't allowed in Mashu. We don't promise a particular outcome.
• Your name. Friends see your first name. Don't use a name that is offensive, impersonates someone or contains contact details. We may hide any name, so it shows as "A friend", and we may turn names off.
• Fair play. We may cancel an invite, its count or its rewards if we reasonably believe it comes from a fake or duplicate account, or from any attempt to farm rewards.

10. Notifications

If you turn notifications on, Mashu may send reminders to stretch, news from your stretch club, and reminders before a free trial ends or a subscription renews. Reminders are a help, not a guarantee: a notification may arrive late or not at all. Turn notifications off in the app or in your iPhone's Settings.

11. License to use the Service

If you follow these Terms, we give you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download and use the Mashu app on devices you own or control, for personal, non-commercial purposes. This license gives no right to resell, republish or redistribute the Service or any of its content.

12. Acceptable use

You agree not to, and not to try to:

• copy, modify, reverse engineer, decompile or disassemble any part of the Service, except as the law allows;
• use the Service to build a competing product or to benchmark it for competitive purposes;
• scrape, crawl or otherwise harvest data from the Service by automated means;
• upload, submit or create content that is unlawful, harassing, hateful, defamatory, obscene, sexually explicit or that infringes someone else's rights, including in your name;
• share your account or let several people use one account;
• create accounts or invites to farm rewards, or misuse reports;
• bypass sign-in, rate limits or other access controls;
• introduce malware, attack the Service or disrupt it; or
• use the Service in breach of any law.

13. Your content

13.1 What you create

The Service lets you create your own stretches and routines, suggest stretches to our team, send feedback, and choose the name Mashu calls you ("User Content"). You keep ownership of your User Content.

13.2 License to us

By submitting User Content, you give us a worldwide, non-exclusive, royalty-free, sublicensable license to host, store, reproduce, modify for formatting and display it, only to run and provide the Service. That includes showing your first name to your friends. Stretch suggestions and feedback are also covered by section 15.

13.3 Your promises

You promise that your User Content doesn't break any law or infringe anyone's rights. We may review, remove or refuse User Content that breaks these Terms, and suspend or close accounts linked to violations. We don't have to do so.

13.4 Copyright and other IP claims

If you believe User Content on the Service infringes your copyright or other intellectual property, send a written notice to help@stretchwithmochi.com with:

• the work you say is infringed;
• the material you say infringes it, and where it is in the Service;
• your contact details (name, address, phone, email);
• a statement that you believe in good faith that the use isn't authorized by the rights holder, its agent or the law;
• a statement, under penalty of perjury, that your notice is accurate and that you may act for the rights holder; and
• your physical or electronic signature.

We may remove or block material we reasonably believe infringes, and close the accounts of repeat infringers.

14. Intellectual property

The Service, including the app, the website, the Mashu character, exercise videos, illustrations, items, design, text, logos and software, belongs to 140G Labs LLC or its licensors and is protected by copyright, trademark and other laws. All rights not expressly given to you are reserved.

Mashu, the Mashu logo and the Mashu character are trademarks of 140G Labs LLC. You may not use them without our written permission.

15. Feedback

If you send us feedback, ideas or suggestions about the Service, including stretch suggestions, you give us a perpetual, irrevocable, royalty-free license to use them for any purpose, with no payment or obligation to you.

16. Health and safety

Mashu is a general wellness and stretching app. It is not a medical device. It doesn't diagnose, treat, cure or prevent any disease or injury, and it doesn't replace professional medical advice, diagnosis or treatment.

Mashu builds your plan automatically from your own answers. It doesn't know your medical history or your health. Choosing "ease aches" as a goal, or telling Mashu how stiff you feel, doesn't make Mashu a treatment and isn't an assessment of your health.

• Ask a doctor first before you start any new stretching or exercise program, especially if you are pregnant, have an injury or a medical condition, have pain, recently had surgery or take medication.
• Not for injuries. Don't use Mashu to treat an injury, pain or a medical condition, or in place of physical therapy or rehabilitation.
• Listen to your body. Stretch gently and within your comfort. Stop at once if you feel pain, dizziness, shortness of breath or any other worrying symptom, and talk to a qualified professional. In an emergency, call your local emergency number.
• Use a safe space. Make sure the space around you is clear and that any chair or surface you use is stable.
• You accept the risk. Physical activity, stretching included, carries a risk of injury. You choose whether and how to do each stretch, and you take part at your own risk.
• No therapeutic claims. Anything in the Service about the benefits of stretching is general information, not personal medical advice. Results vary from person to person.

Subject to section 18, to the fullest extent the law allows, 140G Labs LLC is not liable for any injury, loss or harm from your use of the Service or reliance on its content.

17. 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 don't promise that the Service will be uninterrupted, error-free, secure, or free of viruses or other harmful components. Some places don't allow the exclusion of implied warranties, so some of the above may not apply to you. There, our warranties are limited to the minimum the law requires. Nothing in this section affects the rights consumers have under mandatory law, including, in Italy, the Codice del consumo.

18. 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 LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID FOR THE SERVICE IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (US$100).

Some places don't allow certain limits on liability, so some of the above may not apply to you. Nothing in these Terms limits liability that the law that applies to you doesn't allow us to limit. Depending on where you live, that may include liability for death or personal injury caused by our negligence, and liability for gross negligence, fraud or willful misconduct.

19. Indemnification

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

20. Changes to the Service and ending your use

20.1 Changes to the Service

We may change, suspend or end any part of the Service, including features, content, prices and availability. Where the law requires it, we will give you reasonable notice. If we end the whole Service, refunds for any period you already paid follow section 7 and the law that applies to you.

20.2 Ending by you

You may stop using the Service at any time and delete your account in the app. Cancel Plus separately with Apple (section 5.5).

20.3 Ending by us

We may suspend or end your access at any time, with or without notice, if you break these Terms, or if we reasonably believe it is needed to protect the Service or other users.

20.4 What happens then

Your right to use the Service ends at once, and any payment you still owe stays due. Sections 8 (as to the nature of virtual items), 13.2, 14, 15, 16 to 19, 21, 22 and 26 survive.

21. Binding arbitration and class action waiver

Please read this section carefully. It affects your legal rights.

21.1 Informal resolution first

Before filing a formal claim, you and 140G Labs LLC agree to try to resolve the dispute informally. Write to help@stretchwithmochi.com with a short description of the dispute and your contact details. Neither of us may start arbitration or a court case, other than one section 21.4 allows, until 60 days after that notice.

21.2 Agreement to arbitrate

If we can't resolve it 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, before 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 with jurisdiction.

Arbitration fees follow JAMS's rules, including its Consumer Arbitration Minimum Standards where they apply.

21.3 Class action waiver

You and 140G Labs LLC waive the right to take part in any class, collective, mass or representative action. Disputes must be brought individually. The arbitrator may not consolidate more than one person's claims or preside over any representative or class proceeding.

21.4 Exceptions

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

21.5 30-day opt-out

You may opt out of this arbitration agreement by writing to help@stretchwithmochi.com within 30 days of first accepting these Terms, with your name, the email of your Mashu account, and a clear statement that you opt out of arbitration. Opting out doesn't affect the rest of these Terms.

21.6 Consumers in the EU, the UK and other places

If you are a consumer living in the European Economic Area, the United Kingdom, or another place where mandatory arbitration or class action waivers can't be enforced against consumers, sections 21.2 and 21.3 don't apply to you to the extent local law forbids them, and you keep every legal right you have, including the right to bring proceedings in the courts of your country of residence.

22. Governing law, courts and language

These Terms are governed by the laws of the State of Wyoming, United States, without regard to its conflict of laws rules. Any action not subject to arbitration under section 21, other than a small claims action, will be brought only in the state or federal courts in Sheridan County, Wyoming, and you consent to their personal jurisdiction. Nothing in this section overrides the mandatory consumer protection laws of your country of residence.

We publish these Terms in English and Italian. If the two versions differ, the English version governs, unless the law of your country of residence requires otherwise. Any other translation is for convenience only.

23. Apple App Store terms

These terms apply if you got Mashu from the Apple App Store:

• These Terms are between you and 140G Labs LLC only, not Apple Inc. ("Apple"). 140G Labs LLC, not Apple, is solely responsible for the app and its content.
• The license in section 11 is limited to using the app on Apple-branded devices you own or control, as the Usage Rules in the Apple Media Services Terms and Conditions allow.
• Apple has no obligation to provide any maintenance or support for the app.
• If the app fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, for the app. To the maximum extent the law allows, Apple has no other warranty obligation for the app.
• 140G Labs LLC, not Apple, is responsible for addressing any claims about the app, including product liability claims, consumer protection claims and claims that the app fails to meet legal or regulatory requirements.
• 140G Labs LLC, not Apple, is responsible for investigating, defending, settling and discharging any third-party claim that the app or your use of it infringes that third party's intellectual property.
• You confirm that you are not in a country under a US government embargo or designated by the US government as a "terrorist supporting" country, and that you are not on any US government list of prohibited or restricted parties.
• You must follow any third-party terms that apply when you use the app, such as your wireless data service agreement.
• These Terms can't set usage rules that conflict with the Apple Media Services Terms and Conditions.
• Apple and its subsidiaries are third-party beneficiaries of these Terms. Once you accept them, Apple has the right (and is deemed to have accepted the right) to enforce them against you as a third-party beneficiary.

24. California residents

If you live in California, the California Consumer Privacy Act gives you more rights over your personal information. The privacy policy, section 9.2, explains them.

If you subscribe, Plus renews automatically until you cancel. You can cancel online at any time in your iPhone's Settings (section 5.5).

California Civil Code section 1798.83 ("Shine the Light"): California residents may ask about disclosures of their personal information to third parties for those third parties' direct marketing. We don't share personal information with third parties for their own direct marketing, so we have nothing to report. You can confirm this at help@stretchwithmochi.com.

25. Changes to these Terms

We may update these Terms. We will change the date at the top when we do, and for a material change we will give you reasonable notice, for example in the app or by email, before the change applies. If you don't agree, stop using the Service and delete your account, and cancel Plus with Apple. Continued use after the change applies means you accept it.

You agree to receive notices from us electronically, in the app, by email or on our website, and that these notices meet any legal requirement for written communication.

26. Other terms

• Entire agreement. These Terms, the App Store's terms and any feature terms we publish are the whole agreement between you and 140G Labs LLC about the Service, and replace any earlier agreement on the same subject, including the Mochi terms of service.
• Severability. If a provision is invalid or unenforceable, the rest stays in force.
• No waiver. If we don't enforce a right, we don't waive it.
• Assignment. You may not transfer these Terms without our written consent. We may transfer them, including in a merger, acquisition or sale of assets.
• Force majeure. We are not liable for failures or delays caused by events beyond our reasonable control.

27. Contact us

• Email, including legal notices: help@stretchwithmochi.com
• Mail: 140G Labs LLC, 30 N Gould St Ste R, Sheridan, WY 82801, United States