Terms and Conditions of Use of the Platform “MoodTo”
This English version is provided for convenience only. In the event of any dispute, misunderstanding or other conflict, the Italian text shall be deemed the definitive reference.
Last updated: 4 settembre 2025
Platform owner: Social Media Marketing SRLS, headquartered at Via Monti Iblei 12, 90146, Palermo (PA), Italia. VAT number: IT06779100822, email: info@moodto.com.
MoodTo is a trademark of Social Media Marketing SRLS.
1 Purpose and Scope
1.1 Description of the Service
MoodTo” (the “Platform”) is a digital marketplace that enables registered natural persons (“Users”) to book experiences/activities (“Experiences” or “Moods”) published by other qualified Users designated as “Mooders”. The Platform provides the technological infrastructure for supply‑demand matching, booking tools, payment processing, in‑app messaging and review management.
1.2 Parties Involved and Definitions
- Experience (also called Mood): an activity or experience posted by a Mooder on the Platform, bookable by a User, with a specified date and/or time.
- User (Buyer): a natural person who books an Experience.
- Mooder: a natural person authorised (designated user) to publish and offer Experiences, after completing an onboarding procedure and digitally signing specific contracts.
- Service Fees: additional variable amounts visible at checkout, applied by the Platform to cover management and payment costs.
- Confirmation Code: a unique code assigned to each booking, provided to the User and used by the Mooder to record the Experience as completed.
- Platform: MoodTo, acting solely as an INTERMEDIARY and a MANAGER OF COLLECTION for the Mooders.
1.3 Applicability of These Terms and Relation to Other Documents
These Terms and Conditions (“T&C”) govern the use of the Platform. The Privacy Policy (separate document) governs personal data processing under GDPR. In case of conflict between these T&C and the contracts signed by Mooders, the specific Mooder conditions prevail for their respective aspects.
2 Registration and Account
2.1 Registration Requirements
Access to the Platform is granted exclusively to natural persons aged 18 years or older. The entire application is accessible only after registration and login (session wall).
2.2 Acceptance of T&C and Privacy Policy
At first login, the User must accept in full these T&C and the Privacy Policy. Upon updates, a mandatory acceptance box will be shown at first subsequent login.
Without acceptance, use of the Platform is prohibited.
2.3 Accurate and Updated Data
The User guarantees that the data provided are true, correct and up‑to‑date and is responsible for updating them.
2.4 Credential Security and User Responsibility
The User is responsible for safeguarding credentials and any activity carried out via their account.
2.5 Suspension/Closure of Account
The Platform may suspend or close the account in case of violations of T&C, law or third‑party rights, or for security reasons.
3 Roles and Responsibilities of the Parties
3.1 User (Buyer)
Books and participates in Experiences, respects conduct rules, uses chat and the confirmation code correctly, and releases truthful reviews.
3.2 Mooder (Provider)
Completes onboarding and digitally signs the following documents: Legal Obligations, Code of Conduct, Terms & Conditions.
These documents include, among others:
- Prohibition from presenting themselves as a licensed tour guide if lacking legal requirements;
- Obligation to obtain VAT registration upon exceeding the statutory threshold;
- Recommendation of adequate insurance coverage;
- Compliance with all applicable laws (tax, safety, public order).
3.3 Platform’s Role
The Platform is not a party to the contract between User and Mooder; it does not guarantee quality or execution of Experiences.
For payments, it acts as a manager of collection on behalf of the Mooder: payment from User to Platform is considered payment to the Mooder.
The Platform retains its commissions according to T&C and the Mooder contract.
3.4 General Prohibitions and Obligations
Illicit, fraudulent or unlawful use is prohibited; Users must comply with all applicable laws.
Violations may result in suspension/closure of account, cancellation of bookings and prohibition from future access.
The Platform reserves the right to pursue legal action and seek damages for violations.
4 Publication of “Mood” Experiences
4.1 Creation, Content and Pricing
The Mooder is solely responsible for descriptions, availability, images, location, safety requirements, price and legal compliance of Experiences.
4.2 Prohibited Content and Moderation
Illicit, offensive, defamatory, discriminatory, misleading or public‑order violating content is prohibited. The Platform may remove/limit content and listings at its discretion.
4.3 License to Use Uploaded Content
By uploading content, the User grants the Platform a non‑exclusive, transferable, sublicensable, royalty‑free, worldwide license limited to the provision and promotion of the Service.
4.4 Notice & Takedown
Any party alleging infringement may send a motivated notice to info@moodto.com, attaching documentation. The Platform will evaluate and, if appropriate, intervene promptly.
5 Reservations, Payments and Fees
5.1 Stripe Payments (User → Platform) and PCI‑DSS
Payments from User to Platform are exclusively handled via Stripe Payments.
The User enters card details directly into Stripe’s secure interface.
The Platform does not store or process card data (PCI‑DSS compliance is provided by Stripe).
Any saving of cards for future payments is managed by Stripe, not the Platform.
5.2 Pre‑authorization, Acceptance and Confirmation
At booking request, Stripe pre‑authorises the total amount (price + any service fees).
Payment is captured only if the Mooder accepts the booking.
In case of non‑acceptance, the pre‑authorization expires.
5.3 Stripe Connect (Platform → Mooder) and Collection Mandate
Funds transfer to the Mooder occurs via Stripe Connect on a verified Mooder Stripe account.
Transfers are currently monthly and manual, after deducting Platform commission and any fees.
The Platform acts as a collection manager: collection by the Platform constitutes payment to the Mooder.
5.4 Commission and Service Fees at Checkout
The Platform retains a 15 % commission of the Mooder’s remuneration (as per Mooder contract).
Users may incur additional service fees (e.g., Stripe processing costs) displayed clearly before order confirmation.
The amount is variable and visible at checkout.
Service fees derive from costs applied by payment providers (e.g., Stripe) and are not Platform revenue; the Platform collects them and forwards them directly to the payment provider.
5.5 Invoicing, VAT and Fiscal Responsibility
The Mooder is responsible for issuing to the User, where required, an invoice or receipt for the Experience purchased, including the full agreed amount (Experience price), even if part of it is withheld by the Platform as commission.
The Platform provides the Mooder, via a dedicated area, with the User’s invoicing data collected at booking, solely for issuing the receipt/invoice.
The Platform issues to the Mooder appropriate fiscal documentation only for the commission retained (15 % of the Experience price).
Any transaction fees applied by payment providers (e.g., Stripe) and shown separately to the User at checkout are not Platform revenue nor subject to invoicing by the Platform.
The Platform supplies the Mooder with a summary of received payments and retained commissions, useful for accounting but without fiscal value.
If the Mooder fails to issue required fiscal documentation when due, the Platform may suspend fund transfers until compliance is achieved, without granting interest or compensation.
Transmission of User invoicing data to the Mooder occurs in accordance with EU Regulation 2016/679 (GDPR), on legal basis of contract performance (Art. 6(1)(b) GDPR).
The Mooder receives such data as a separate controller and commits to using it solely for fiscal purposes, assuming full responsibility for compliance with applicable law.
Further details on data handling and sharing can be found in the Platform’s Privacy Policy at https://moodto.com/en/privacy-policy.
5.6 Chargebacks, Settlements and Cautious Holds
In case of disputes, chargebacks by Users, or violations of T&C or the Mooder contract, the Platform may:
- Retain amounts owed to the Mooder;
- Settle reciprocal credits and debits;
- Place cautious holds on pending payments awaiting clarification;
- Request proof from the Mooder;
- Seek reimbursement from the Mooder for any amount refunded to a User following chargeback, dispute or contractual breach, even after funds have been transferred, via direct debit or credit against future payments.
6 Cancellation and Refund Policies
6.1 Types
- Flexi: 100 % refund up to 24 hours before the activity starts.
- Easy: 100 % refund up to 72 hours before the activity starts.
- Base: no refund after booking.
Each published Mood includes a badge indicating the applied cancellation policy; details are viewable in its information sheet.
If the Base policy applies, no badge is shown.
6.2 Cancellation by Mooder
If a Mooder cancels a confirmed booking, the User is entitled to a 100 % refund of the paid amount.
6.3 Suspension/Closure of Mooder Account
If the Platform suspends or closes the Mooder account, or if the Mooder voluntarily closes it, all confirmed but unperformed bookings are refunded at 100 %.
6.4 Refund Timelines
Refunds become visible within 5–10 business days after confirmation, except for technical delays caused by payment institutions beyond the Platform’s control.
6.5 Exceptions and Limitations
- No‑show, delays or causes attributable to the User: no refund.
- Technical block preventing cancellations < 1 h: for organizational and mutual protection reasons, the system automatically forbids cancellation of an Experience within one hour of start time. Any attempt is rejected and the Experience remains confirmed.
- Rights of the consumer under EU Consumer Code remain intact, as does Mooder liability for non‑performance.
- Under Article 59, paragraph n) of the Consumer Code, the right of withdrawal for services related to leisure activities does not apply when the contract specifies a specific date or period. Cancellation conditions remain unchanged.
7 Chat, “Live Activities” and “Confirmation Code”
7.1 Automatic Chat Opening (~30 min before)
The chat between User and Mooder activates automatically about 30 minutes prior to the scheduled start time, along with the “Live Activities” screen (internal Platform feature, unrelated to iOS Live Activities).
7.2 Confirmation Code: Mooder Obligations
At the meeting, the Mooder must request the User’s confirmation code (available in the User’s app settings and stored locally on the device for offline use).
The Mooder must enter it correctly to record the Experience as delivered.
7.3 Auto‑completion after 1 hour from start
If the code is not entered within 1 hour of start, the Experience is automatically marked as “completed” and considered delivered, with no refund unless Mooder directly causes a fault.
The Mooder must comply with the code entry procedure. The Platform reserves the right to suspend the account in case of repeated non‑compliance or other serious procedural violations, including repeated late cancellations without valid reason, even if the Experience is considered completed under this article.
7.4 Cancellation < 1 h and Liability Limits
Cancellations within one hour of start are not allowed. The Platform is not liable for failure to open chat due to connectivity issues, code entry errors or device malfunctions.
8 Reviews and Reputation
8.1 Publication Rules
Reviews must be truthful, relevant and respectful.
8.2 Moderation and Removal
The Platform may, at its discretion, remove or obscure reviews that violate T&C, law or third‑party rights.
8.3 Prohibitions
Reviews that are defamatory, false, extortionate or published in exchange for benefits are prohibited.
Violation may lead to removal/obscuration, suspension or closure of the reviewer’s account.
The Platform reserves the right to pursue legal action for damages arising from review publication.
9 Limitation of Liability and Indemnification
9.1 Intermediary Role – Exclusion of Performance Liability
The Platform is not part of the contract between User and Mooder and does not guarantee quality or execution of Experiences.
All performance liability rests with the Mooder.
9.2 Damage Limits
To the maximum extent permitted by law, the Platform is not liable for direct, indirect, consequential, loss‑of‑chance, lost profit, image damage or business interruption arising from use or inability to use the Platform or third‑party services.
Exclusions for gross negligence, intentional misconduct and consumer rights remain.
9.3 Third‑Party Services
Delays, disservices or malfunctions of third‑party services (e.g., Stripe) are not imputable to the Platform.
9.4 Force Majeure
The Platform is not liable for non‑performance due to unforeseeable and inevitable events, including natural disasters, fires, epidemics or pandemics, wars, terrorist acts, power outages or telecommunication failures, strikes, and governmental orders or restrictions.
9.5 Indemnification
The User and/or Mooder indemnify and hold harmless the Platform, its directors, employees and collaborators from any claim, liability, loss or expense arising from violations of law or these T&C, or from activities conducted via the Platform.
10 Intellectual Property
10.1 Rights over the Platform
Software, interfaces, trademarks, logos, texts and graphics are owned by the Platform or respective owners.
10.2 Limited Licence to Use
A limited, non‑exclusive and revocable licence is granted for personal use of the Platform.
10.3 Prohibitions
Any reproduction, reverse engineering, scraping or unauthorized use of content is prohibited.
11 Personal Data Protection
11.1 Informative ex Art. 13–14 GDPR
Personal data processing is governed by the Privacy Policy at https://moodto.com/en/privacy-policy.
11.2 Necessary Processing
Processing is necessary for service provision (account management, booking, payments, security).
11.3 Cookies and Similar Technologies
See the Privacy Policy for all details.
12 Contract Termination and Account Closure
12.1 User Withdrawal
The User may delete their account at any time; prior obligations (e.g., payments) remain.
12.2 Closure for Violations
The Platform may close or suspend the account in case of violations of T&C, law or third‑party rights.
12.3 Effects of Termination
Clauses intended to survive termination (e.g., liability, IP, governing law) remain effective.
13 Governing Law, Venue and ADR
13.1 Applicable Law
Italian law applies, with integration of EU provisions.
13.2 Consumer Forum
For disputes with consumer Users, the forum of the User’s residence or domicile is competent.
For all other Users (including B2B Mooders), the exclusive forum is Palermo (PA), Italia.
13.3 Alternative Dispute Resolution (ADR)
In accordance with EU Regulation 2024/3228 and Italian law, consumers may seek ADR bodies accredited for extrajudicial resolution.
The updated list of ADR bodies in EU Member States, Norway and Iceland is available at https://consumer‑redress.ec.europa.eu/dispute-resolution-bodies.
The Platform may provide, upon User request, the name of an ADR body competent in Italy (e.g., a Chamber of Commerce entity).
ADR participation is mandatory for the Platform where required by law, without prejudice to the User’s right to judicial proceedings.
(The previous EU ODR platform under Regulation 2013/524 was discontinued on 20 July 2025 and replaced by the ADR system described above.)
14 Amendments to the Terms & Conditions
14.1 Updates and Communications
The Platform may modify T&C at any time. Modifications are communicated with adequate notice.
A minimum 15‑day notice is required before effective date, unless urgent technical or statutory requirements allow immediate application.
14.2 Mandatory Acceptance at First Subsequent Login
At first login after the effective date, the User must accept the new version via a non‑bypassable box. Failure to do so blocks access.
15 Final Provisions
15.1 Partial Invalidity
Nullity of a clause does not affect the validity of others.
15.2 Assignment
The Platform may assign this contract in case of corporate reorganisation, business transfer or division.
15.3 Language of the Contract
- For Italy, the language is Italian.
- For Spain, France and Germany, English is the prevailing language.
Other versions are provided as courtesy. In case of discrepancy, the version in the prevailing language for the country applies.
15.4 Entire Agreement
These T&C constitute the entire agreement between User and Platform, except for referenced documents.
15.5 Prior Versions
This version supersedes and replaces all prior versions of the Terms & Conditions.
Acceptance
I confirm that I have read, understood and fully accept the MoodTo Terms and Conditions.