Terms of Service

Last Updated: January 25, 2026
Effective Date: January 25, 2026

Agreement to Terms

Welcome to Mochi Break. These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Mochi Break ("Company," "we," "us," or "our") governing your access to and use of the Mochi Break mobile application (the "App") and all related services (collectively, the "Service").

By downloading, installing, accessing, or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, do not use the Service.

If you are using the Service on behalf of an organization, you represent and warrant that you have authority to bind that organization to these Terms.

1. Eligibility

1.1 Age Requirements

You must be at least 13 years old to use the Service. If you are between 13 and 18 years old (or the age of majority in your jurisdiction), you may only use the Service with the consent of a parent or legal guardian who agrees to be bound by these Terms.

1.2 Account Responsibility

If you create an account, you are responsible for:

  • Maintaining the confidentiality of your account credentials
  • All activities that occur under your account
  • Notifying us immediately of any unauthorized access

1.3 Accurate Information

You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate and complete.

2. Description of Service

2.1 What Mochi Break Does

Mochi Break is a gamified digital wellness application that helps users reduce time spent on potentially addictive applications. The Service includes:

  • Virtual Pet ("Mochi"): A digital companion that grows stronger as you reduce app usage
  • Usage Tracking: Monitoring of time spent in user-selected applications
  • Experience Points (XP): Rewards earned by resisting tracked applications
  • Battles: Challenges against tracked app temptations
  • Leaderboards: Weekly rankings comparing progress with other users
  • Mochi Adoption: Social feature to share Mochis with other users
  • Push Notifications: Reminders and achievement alerts

2.2 Service Availability

We strive to maintain Service availability but do not guarantee uninterrupted access. The Service may be temporarily unavailable due to:

  • Scheduled maintenance
  • Emergency repairs
  • Factors beyond our control (network issues, device compatibility)

2.3 Modifications to Service

We reserve the right to modify, suspend, or discontinue any part of the Service at any time, with or without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuation.

3. User Accounts

3.1 Account Creation

You may use the Service without an account (local-only mode) or create an account using Google Sign-In. Creating an account enables:

  • Cloud synchronization of progress across devices
  • Participation in leaderboards
  • Mochi adoption features
  • Progress backup and recovery

3.2 Account Security

You are solely responsible for safeguarding your account. We recommend:

  • Using secure authentication methods
  • Not sharing your account with others
  • Signing out on shared devices

3.3 Account Termination by User

You may delete your account at any time through the App's Settings. Upon deletion:

  • Your account and all associated data will be permanently removed
  • Any active subscriptions will not be automatically canceled (see Section 4.6)
  • This action cannot be undone

3.4 Account Termination by Us

We may suspend or terminate your account if you:

  • Violate these Terms
  • Engage in fraudulent activity
  • Abuse the Service or other users
  • Attempt to manipulate XP, leaderboards, or other game mechanics

4. Subscription Services

4.1 Free Tier

The basic Service is available free of charge with the following features:

  • Full Mochi raising experience
  • Usage tracking for up to 3 applications
  • Daily statistics and progress tracking
  • Limited weekly Mochi adoption sends

4.2 Mochi Pro Subscription

Mochi Pro is a premium subscription offering additional features:

  • Unlimited tracked applications
  • Unlimited Mochi adoptions
  • Priority cloud sync
  • Exclusive Mochi customizations (future feature)
  • Early access to new features

4.3 Subscription Plans

Mochi Pro is available as:

  • Monthly Plan: Billed monthly
  • Annual Plan: Billed annually (discounted rate)

4.4 Free Trial

New subscribers may be eligible for a free trial period. Trial terms:

  • Trial length and eligibility determined at our discretion
  • Payment method required to start trial
  • Automatic conversion to paid subscription unless canceled before trial ends
  • One trial per user/payment method

4.5 Billing and Payment

  • Subscriptions are processed through Google Play
  • Payment is charged to your Google Play account
  • Subscriptions automatically renew unless canceled
  • Price changes will be communicated in advance

4.6 Cancellation and Refunds

  • Cancel anytime through Google Play Store > Subscriptions
  • Cancellation takes effect at the end of the current billing period
  • No refunds for partial billing periods
  • Refund requests must be submitted through Google Play
  • Deleting the app does not cancel your subscription

4.7 Price Changes

We may change subscription prices. For existing subscribers:

  • We will provide at least 30 days' notice
  • Price changes apply to the next billing cycle after notice
  • Continued use constitutes acceptance of new pricing

5. User Conduct

5.1 Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree NOT to:

Prohibited Actions

  • Cheating: Manipulate XP, statistics, or leaderboards through unauthorized means
  • Exploitation: Exploit bugs, glitches, or vulnerabilities
  • Circumvention: Bypass security features or access restrictions
  • Interference: Disrupt the Service or servers
  • Impersonation: Pretend to be another person or entity
  • Harassment: Harass, abuse, or harm other users
  • Spam: Send unsolicited communications through adoption features
  • Reverse Engineering: Decompile, disassemble, or reverse engineer the App
  • Unauthorized Access: Access accounts or data belonging to others
  • Commercial Use: Use the Service for unauthorized commercial purposes

5.2 User-Generated Content

You may create content within the Service, including:

  • Mochi names
  • Profile information

You are solely responsible for content you create. You agree not to create content that is:

  • Offensive, abusive, or hateful
  • Sexually explicit or pornographic
  • Violent or threatening
  • Infringing on others' rights
  • Illegal or promoting illegal activities
  • Spam or misleading

5.3 Content Moderation

We reserve the right to:

  • Remove content that violates these Terms
  • Suspend accounts for content violations
  • Report illegal content to authorities

5.4 Reporting Violations

If you encounter content or behavior that violates these Terms, please report it to support@mochibreak.app.

6. Intellectual Property

6.1 Our Intellectual Property

The Service and its contents, including but not limited to:

  • Software and source code
  • Visual design and user interface
  • Mochi character designs and artwork
  • Animations and graphics
  • Text, logos, and branding
  • Audio and sound effects

are owned by or licensed to Mochi Break and are protected by copyright, trademark, and other intellectual property laws.

6.2 Limited License to Users

We grant you a limited, non-exclusive, non-transferable, revocable license to:

  • Download and install the App on your personal device
  • Use the Service for personal, non-commercial purposes
  • Access content made available through the Service

This license does not include the right to:

  • Modify or create derivative works
  • Distribute, publicly display, or publicly perform
  • Use for commercial purposes
  • Remove any proprietary notices

6.3 User Content License

By creating content within the Service (such as Mochi names), you grant us a worldwide, non-exclusive, royalty-free license to use, display, and distribute such content within the Service (e.g., on leaderboards).

6.4 Feedback

If you provide feedback, suggestions, or ideas about the Service, you grant us the right to use such feedback without compensation or obligation to you.

6.5 Third-Party Content

The Service may contain links to or integrations with third-party services. We do not endorse or assume responsibility for third-party content or services.

7. Privacy

Your privacy is important to us. Our collection, use, and disclosure of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

By using the Service, you consent to the collection and use of information as described in the Privacy Policy.

Key points:

  • We collect usage statistics only with your explicit permission
  • We do not sell your personal data
  • You can request deletion of your data at any time

8. Third-Party Services

8.1 Google Services

The Service integrates with Google services:

  • Google Sign-In: For account authentication
  • Google Play Billing: For subscription processing
  • Firebase: For data storage, analytics, and notifications

Your use of these services is subject to Google's terms and privacy policies.

8.2 Android Platform

The Service operates on the Android platform and requires certain permissions. Your use of Android features is subject to Google's Android terms.

8.3 No Endorsement

Integration with third-party services does not imply endorsement. We are not responsible for third-party service availability, content, or practices.

9. Disclaimers

9.1 "As Is" Basis

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

  • MERCHANTABILITY
  • FITNESS FOR A PARTICULAR PURPOSE
  • NON-INFRINGEMENT
  • ACCURACY OR COMPLETENESS
  • UNINTERRUPTED OR ERROR-FREE OPERATION

9.2 No Medical or Health Advice

Mochi Break is a wellness tool, not a medical device or treatment. The Service:

  • Does not provide medical advice
  • Is not intended to diagnose, treat, cure, or prevent any condition
  • Should not replace professional health guidance
  • Is not a substitute for treatment of addiction or mental health conditions

If you have concerns about technology use, screen time, or addiction, please consult a qualified healthcare professional.

9.3 Usage Statistics Accuracy

Usage statistics are provided for informational purposes. Accuracy may be affected by:

  • Device settings and restrictions
  • Operating system limitations
  • Background app behavior
  • Clock or timezone changes

We do not guarantee the accuracy of usage data.

9.4 Third-Party Actions

We are not responsible for:

  • Actions of other users
  • Third-party service outages or changes
  • Loss of data due to external factors

10. Limitation of Liability

10.1 Exclusion of Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL MOCHI BREAK, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR:

  • INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
  • LOSS OF PROFITS, DATA, USE, OR GOODWILL
  • SERVICE INTERRUPTION OR DEVICE DAMAGE
  • UNAUTHORIZED ACCESS TO YOUR DATA
  • ANY THIRD-PARTY CONDUCT

WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

10.2 Liability Cap

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICE SHALL NOT EXCEED THE GREATER OF:

  • THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM, OR
  • FIFTY US DOLLARS ($50)

10.3 Essential Purpose

THE LIMITATIONS IN THIS SECTION APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

10.4 Jurisdictional Limitations

Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability. In such jurisdictions, our liability is limited to the maximum extent permitted by law.

11. Indemnification

You agree to indemnify, defend, and hold harmless Mochi Break and its affiliates, officers, directors, employees, and agents from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from:

  • Your use of the Service
  • Your violation of these Terms
  • Your violation of any third-party rights
  • Content you create or submit
  • Your fraudulent or illegal conduct

12. Dispute Resolution

12.1 Informal Resolution

Before filing a formal dispute, you agree to contact us at legal@mochibreak.app and attempt to resolve the dispute informally for at least 30 days.

12.2 Arbitration Agreement

For users in the United States: Any dispute not resolved informally shall be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if eligible.

Arbitration shall be conducted by a neutral arbitrator in accordance with the rules of the American Arbitration Association (AAA).

12.3 Class Action Waiver

You agree to resolve disputes only on an individual basis and waive any right to participate in class actions, class arbitrations, or representative actions.

12.4 Exceptions

The arbitration agreement does not apply to:

  • Intellectual property disputes
  • Small claims court matters
  • Injunctive relief requests

12.5 Opt-Out

You may opt out of the arbitration agreement by sending written notice to legal@mochibreak.app within 30 days of first accepting these Terms.

12.6 Users Outside the United States

For users outside the United States, disputes shall be resolved in accordance with the laws and courts of your jurisdiction, to the extent required by local law.

13. Governing Law

13.1 Applicable Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to conflict of law principles.

13.2 Jurisdiction

Subject to the arbitration provisions above, any legal action shall be brought exclusively in the state or federal courts located in Delaware.

13.3 International Users

If you access the Service from outside the United States, you do so at your own initiative and are responsible for compliance with local laws.

14. Changes to Terms

14.1 Modifications

We may modify these Terms at any time. When we make material changes:

  • We will update the "Last Updated" date
  • We will notify you through the App or by email
  • Continued use after changes constitutes acceptance

14.2 Review Responsibility

You are responsible for reviewing these Terms periodically. If you do not agree to modified Terms, you must stop using the Service.

15. General Provisions

15.1 Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and Mochi Break regarding the Service.

15.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

15.3 Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

15.4 Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign our rights and obligations without restriction.

15.5 No Third-Party Beneficiaries

These Terms do not create any third-party beneficiary rights.

15.6 Force Majeure

We shall not be liable for any failure to perform due to causes beyond our reasonable control, including natural disasters, war, terrorism, riots, government actions, or network failures.

15.7 Headings

Section headings are for convenience only and have no legal effect.

15.8 Survival

Provisions that by their nature should survive termination shall survive, including intellectual property, disclaimers, limitations of liability, and dispute resolution.

16. Contact Information

If you have questions about these Terms, please contact us:

General Inquiries:
Email: support@mochibreak.app

Legal Matters:
Email: legal@mochibreak.app

17. Additional Terms for Specific Features

17.1 Leaderboards

By participating in leaderboards, you agree that:

  • Your Mochi name and weekly XP will be visible to other users
  • Rankings are calculated based on our algorithms
  • We may adjust rankings to address cheating or abuse
  • Leaderboard data is reset weekly

17.2 Mochi Adoption

By using the adoption feature, you agree that:

  • You will not use adoption for harassment or spam
  • Adoption links may be shared publicly
  • Recipients must accept adoptions voluntarily
  • We may limit adoption frequency to prevent abuse

17.3 Push Notifications

Push notifications are optional. You can:

  • Enable or disable notifications in App settings
  • Choose which notification types to receive
  • Revoke notification permission in device settings

Summary of Key Points

Topic Summary
Eligibility Must be 13+ years old
Free Features Mochi raising, 3 tracked apps, daily stats
Pro Features Unlimited tracking, unlimited adoptions
Billing Through Google Play, auto-renews
Cancellation Via Google Play Subscriptions
Your Data See Privacy Policy; you can delete anytime
Our Rights Modify service, terminate accounts for violations
Liability Limited; service provided "as is"
Disputes Arbitration for US users (opt-out available)

By using Mochi Break, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.

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