Terms & Conditions

These terms and conditions apply to all offers, subscriptions and agreements relating to the MoodMonkey service. MoodMonkey is a business-to-business service: you accept these terms on behalf of an organization, not as a consumer.

1. Who We Are

The MoodMonkey service is provided by MoodMonkey B.V., registered with the Dutch Chamber of Commerce (KvK) under number 97383392, with its registered office at Keizersgracht 520-H, 1017 EK Amsterdam, the Netherlands. You can reach us at [email protected].

2. Definitions

• Service: the MoodMonkey software, including the daily check-in pop-up, dashboards, insights and related tools, made available as a subscription.
• Customer (or "you"): the organization that enters into an agreement with MoodMonkey B.V.
• Users: employees and other individuals who use the Service through the Customer's account.
• Customer Data: all data submitted to the Service through the Customer's account, including check-in responses and comments.

3. The Service

MoodMonkey lets organizations measure employee wellbeing through short daily check-ins and presents the results in dashboards and insights. We continuously improve the Service and may add, change or remove features, provided the core functionality of the Service is not materially reduced during a paid subscription term.

4. Accounts and Access

The Customer is responsible for the accounts created under its subscription, for keeping login credentials confidential, and for ensuring that Users comply with these terms. The Customer remains responsible for all activity that occurs under its accounts. Notify us immediately if you suspect unauthorized access.

5. Subscriptions, Fees and Payment

Subscriptions run per user per month, billed monthly or yearly, at the prices shown on our pricing page or agreed in a written order. A one-time setup fee may apply, as stated at the time of ordering. All prices exclude VAT.

Invoices are payable within 14 days of the invoice date. If an invoice remains unpaid after a reminder, we may suspend access to the Service until payment is received.

We may adjust prices once per contract year. Price changes take effect at the next renewal and we will announce them at least 30 days in advance. If you do not accept a price increase, you may terminate the subscription as of the renewal date.

6. Acceptable Use

You may not use the Service to violate any law, infringe the rights of others, or attempt to identify individual Users from anonymized or aggregated wellbeing data outside the safeguards the Service provides. You may not resell the Service, attempt to gain unauthorized access to it, reverse engineer it except where the law permits, or use it to build a competing product.

7. Customer Data and Privacy

Customer Data belongs to the Customer. We process personal data within the Service on behalf of the Customer as a processor, in accordance with our Data Processing Agreement. Our Privacy Policy explains how we handle personal data for the website and our own business operations.

We may use aggregated and anonymized usage data, which cannot be traced back to individuals or to the Customer, to improve the Service and for research purposes such as benchmarks.

8. Intellectual Property

The Service, including its software, design, mascot and content, is and remains the property of MoodMonkey B.V. or its licensors. The Customer receives a non-exclusive, non-transferable right to use the Service for its own internal business purposes during the subscription term. No rights are transferred other than those explicitly granted in these terms.

9. Availability and Support

We aim to keep the Service available at all times but do not guarantee uninterrupted availability. Planned maintenance is announced in advance where reasonably possible and scheduled outside Dutch business hours where feasible. Support is available by email at [email protected] on Dutch business days.

10. Confidentiality

Both parties keep confidential information received from the other party confidential and use it only for the performance of the agreement. This obligation survives the end of the agreement.

11. Liability

Our total liability under or in connection with the agreement is limited to direct damages and capped at the fees paid by the Customer for the Service in the 12 months preceding the event giving rise to the claim. We are not liable for indirect damages, including lost profits, lost data caused by circumstances outside our control, or business interruption. These limitations do not apply in cases of intent or willful recklessness on our part.

12. Term, Suspension and Termination

Subscriptions run for the term chosen at ordering (monthly or yearly) and renew automatically for the same term, unless terminated before the renewal date. Either party may terminate the agreement with immediate effect if the other party materially breaches the agreement and fails to remedy the breach within 14 days of written notice, or in the event of bankruptcy or suspension of payments.

After termination, the Customer can export Customer Data for 30 days. After that period we delete Customer Data in accordance with the Data Processing Agreement.

13. Changes to These Terms

We may update these terms from time to time. Material changes are announced at least 30 days before they take effect. If a change materially disadvantages the Customer, the Customer may terminate the subscription as of the date the change takes effect.

14. Governing Law and Disputes

These terms and the agreement are governed by Dutch law. Disputes will be submitted exclusively to the competent court in Amsterdam, the Netherlands.

15. Contact

Questions about these terms? Contact us at [email protected] or write to MoodMonkey B.V., Keizersgracht 520-H, 1017 EK Amsterdam, the Netherlands.