Terms of Service

1. Introduction

Welcome to Mogger ("the App", "the Service", "we", "us", or "our").

By downloading, accessing, or using Mogger (including the mobile application and website at mogger.app), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the App or Website. These Terms constitute a legally binding agreement between you and Mogger.

2. Eligibility

To use Mogger, you must:

• Be at least 13 years of age (or the minimum age required by your jurisdiction)
• Have the legal capacity to enter into a binding agreement
• Not be prohibited from using the App under applicable laws

If you are under 18, you must have verifiable permission from a parent or legal guardian to use Mogger. By using Mogger, you represent and warrant that you meet all eligibility requirements.

3. Account Registration

To use Mogger, you must create an account by providing accurate and complete information, including your name, date of birth, country, and gender. You must also upload a selfie photo of yourself.

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Ensuring your selfie is a genuine, unaltered photo of yourself and no one else
• Providing accurate and truthful information in your profile

4. How Mogger Works

Mogger is a voting-based application where users vote on photo comparisons. When you use Mogger:

• Your selfie will be shown to other users in voting rounds
• Other users will vote between your photo and another user's photo
• You will receive a rating score based on voting outcomes
• Your profile may appear on public leaderboards if you meet eligibility criteria

Ratings are generated by an algorithm based on user votes and are provided purely for entertainment purposes. Ratings do not represent objective measures of attractiveness, value, or worth.

5. Assumption of Risk

By using Mogger, you acknowledge and accept the following risks:

• Your photo will be shown to and voted on by other users, which may result in ratings that are unfavorable to you
• You may receive low ratings, lose voting rounds, or rank lower than you expect on leaderboards
• Other users' votes and opinions are subjective and beyond our control
• Participation in a voting-based comparison app carries inherent emotional risks

You voluntarily assume all risks associated with using the Service, including any emotional or psychological impact from receiving ratings, losing voting rounds, or viewing your ranking. You agree that Mogger and its operators are not responsible for any distress, hurt feelings, or negative emotions arising from your use of the Service.

6. Photo and Content Requirements

You represent and warrant that:

• Any photo you upload is of yourself and only yourself
• You have full rights to upload and display the photo
• The photo does not depict any other identifiable person without their explicit written consent
• The photo is not manipulated, AI-generated, or misleading in a way that misrepresents your appearance
• The photo does not contain nudity, sexually explicit material, violence, or otherwise offensive content

Uploading a photo of someone else without their consent is a serious violation. We reserve the right to immediately and permanently terminate accounts that violate this policy, without prior warning and without refund.

If you believe your image has been uploaded to Mogger without your consent, please contact us immediately at contact@mogger.app with evidence of your identity and we will remove the content promptly.

7. Acceptable Use

You agree NOT to:

• Upload photos that are not of yourself
• Upload inappropriate, offensive, or explicit content
• Impersonate another person
• Harass, bully, or abuse other users
• Use the App for any illegal purpose
• Attempt to manipulate voting or ratings
• Create multiple accounts
• Use bots, scripts, or automated tools to interact with the App
• Reverse engineer or attempt to extract source code from the App
• Scrape, crawl, or collect data from the App or Website without permission
• Interfere with or disrupt the App, Website, or their servers
• Use Mogger to promote products, services, or other commercial activities

Violation of these rules may result in immediate account suspension or permanent ban, at our sole discretion and without refund.

8. Pro Membership

Mogger offers a paid "Pro" membership with additional features. Pro memberships are available through:

• Mobile App: Monthly subscription or lifetime purchase, processed through the Apple App Store or Google Play Store, subject to their respective terms and conditions
• Website: Lifetime purchase, processed through Stripe

Monthly subscriptions automatically renew unless cancelled at least 24 hours before the end of the current billing period. You can manage or cancel your subscription through your app store account settings.

Lifetime purchases provide permanent access to Pro features and do not require renewal.

Refunds for mobile purchases are handled by the respective app store according to their refund policies. Refunds for web purchases are handled on a case-by-case basis; contact us at contact@mogger.app. We are not obligated to provide refunds if your account is terminated for violating these Terms.

9. Content Ownership and License

You retain ownership of the photos you upload to Mogger. However, by uploading content, you grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, display, reproduce, and distribute your content within the App and on the Website for the purpose of providing and promoting our services (such as showing your photo in voting rounds, on leaderboards, and on shared profile pages).

This license terminates when you delete your account, except where your content has been shared with others and they have not deleted it, or where retention is required by law.

10. User-Generated Content and Platform Role

Mogger is a platform that hosts user-generated content. We do not create, endorse, verify, or guarantee the accuracy of any content uploaded by users, including photos, profile information, and social media links.

We are not responsible for:

• The content, accuracy, or legality of any user-uploaded photos or profile information
• The voting behavior or opinions of any user
• Any ratings, rankings, or scores generated by user votes
• Any interactions, disputes, or conflicts between users
• Any misuse of the platform by individual users, including but not limited to uploading photos of third parties, impersonation, harassment, or other violations of these Terms

While we make reasonable efforts to moderate content and enforce our Terms, we cannot monitor all user activity in real time. If you encounter content that violates these Terms, please report it using the in-app reporting feature or email contact@mogger.app.

11. Shared Profiles

The Website may display user profiles that have been shared through the Mogger app. These profiles are made public by the profile owners through the app's sharing feature.

We do not guarantee the accuracy or completeness of information displayed on shared profile pages. Profile owners can revoke sharing at any time through the Mogger app.

12. Contact Form

When using our contact form on the Website, you agree to:

• Provide accurate and truthful information
• Not submit spam, malicious content, or unsolicited advertising
• Not use the form to harass, threaten, or abuse others
• Not attempt to exploit or disrupt the contact form system

We reserve the right to not respond to messages that violate these guidelines.

13. Moderation and Enforcement

We reserve the right to, at our sole discretion and without prior notice:

• Remove any content that violates these Terms or that we deem inappropriate
• Suspend or permanently terminate accounts that violate these Terms
• Investigate reported violations
• Cooperate with law enforcement where required
• Take any other action we deem necessary to protect the integrity of the Service and the safety of our users

Account termination for violation of these Terms does not entitle you to any refund of Pro membership fees.

14. Intellectual Property

All content on the App and Website, including but not limited to text, graphics, logos, images, software, and the underlying algorithms, is the property of Mogger or its licensors and is protected by applicable copyright, trademark, and intellectual property laws.

You may not reproduce, distribute, modify, or create derivative works from any content on the App or Website without our express written permission.

15. Third-Party Links and Services

The App and Website may contain links to third-party websites, including app stores, payment processors, and social media platforms. We are not responsible for the content, privacy practices, or terms of service of these external sites and services. Your use of third-party services is at your own risk and subject to their terms.

16. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant or guarantee that:

• The App or Website will be uninterrupted, error-free, or secure
• Ratings, rankings, or voting outcomes are accurate, fair, or meaningful
• Other users' content or profile information is accurate, truthful, or appropriate
• Other users are who they claim to be
• Defects will be corrected in any specific timeframe
• The App or Website is free of viruses or harmful components

Ratings in Mogger are generated by an algorithm based on subjective user votes and are meant for entertainment purposes only. They do not represent objective measures of attractiveness, value, or worth. You should not rely on Mogger ratings for any purpose.

17. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

• Mogger, its owner, operators, employees, and affiliates shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including but not limited to damages for loss of profits, goodwill, data, or other intangible losses, arising from or related to your use of or inability to use the Service
• We shall not be liable for any damages arising from the conduct, content, or actions of other users of the Service, whether online or offline
• We shall not be liable for any emotional distress, psychological harm, or reputational damage resulting from ratings, votes, rankings, user interactions, or any other aspect of using the Service
• Our total aggregate liability to you for all claims arising from or related to the Service shall not exceed the amount you have paid to us in the twelve (12) months preceding the event giving rise to the claim, or fifty euros (€50), whichever is greater

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

18. Indemnification

You agree to indemnify, defend, and hold harmless Mogger, its owner, operators, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to:

• Your use of the Service
• Your violation of these Terms
• Content you upload, submit, or transmit through the Service
• Your violation of any rights of a third party, including intellectual property, privacy, or publicity rights
• Any claim by a third party that your content caused them damage

19. Dispute Resolution

In the event of any dispute arising from or relating to these Terms or the Service, you agree to first attempt to resolve the dispute informally by contacting us at contact@mogger.app. We will attempt to resolve the dispute within 30 days.

If the dispute cannot be resolved informally, it shall be submitted to the exclusive jurisdiction of the courts in the operator's jurisdiction. You agree to waive any objection to jurisdiction and venue in such courts.

TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT ANY CLAIMS OR DISPUTES SHALL BE BROUGHT IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. You waive any right to participate in a class action or class-wide arbitration.

20. Changes to Terms

We may update these Terms from time to time. We will notify you of significant changes through the App or via email. Your continued use of Mogger after changes take effect constitutes acceptance of the new Terms. If you do not agree to the revised Terms, you must stop using the Service and delete your account.

21. Governing Law

These Terms are governed by and construed in accordance with applicable law. Any disputes arising from these Terms shall be subject to the exclusive jurisdiction of the courts in the operator's jurisdiction.

22. Severability

If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

23. Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and Mogger regarding the use of the Service and supersede any prior agreements or understandings.

24. Contact Us

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