Terms and conditions

Terms and Conditions

Effective from March 15, 2024

Please read these terms of use ("agreement") carefully before using the services offered by Mochii ("company"). By visiting the website and/or mobile app or using the services in any manner, you agree that you have read, understood and agree and accept to be bound by and a party to the terms and conditions of this agreement to the exclusion of all other terms. If the terms of this agreement are considered an offer, acceptance is expressly limited to such terms. If you do not unconditionally agree to all the terms and conditions of this agreement, you have no right to use the apps or services. Use of company's services is expressly conditioned upon your assent to all the terms and conditions of this agreement, to the exclusion of all other terms. If you do not agree to these terms of service, please do not use this website or the app.

Country refers to: United States Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Mochii.

Who Can Use Our Services

Company does not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to register for the Services. If you are under 13, please do not attempt to register for the Services or send any information about yourself to us, including your name, address, telephone number, or email address. No one under age 13 may provide any personal information to Company or on the Services. In the event that we learn that we have collected personal information from a child under age 13 without verification of parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 13, please contact us at [email protected].

You represent and warrant to Company that: (i) you are of legal age and you can form a binding contract with us and you are not prohibited by law from accessing or using the services; (ii) all registration information you submit is accurate and truthful; and (iii) you will maintain the accuracy of such information. You also certify that you are legally permitted to use and access the Services and take full responsibility for the selection and use of and access to the Services. This Agreement is void where prohibited by law, and the right to access the Services is revoked in such jurisdictions.

Service Usage and Restrictions

By using our AI-powered services, you agree to use them responsibly and in accordance with our guidelines. Our services are designed to enhance creativity and productivity while maintaining ethical standards. You agree not to:

  1. Use our services for any illegal purposes
  2. Generate content that promotes hate speech or discrimination
  3. Create or distribute harmful or malicious content
  4. Attempt to reverse engineer or compromise our AI systems
  5. Share your account credentials with others
  6. Use automated systems to access our services without permission

Your Information If You wish to use our Services, You may be asked to supply certain information including, without limitation, Your name, Your email, Your phone number, Your payment information, and other relevant details. You represent and warrant that: (i) You have the legal right to use any payment method(s) in connection with any charges; and that (ii) the information You supply to us is true, correct and complete. By submitting such information, You grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion of Your transactions.

Subscription Services Our AI services are available through various subscription tiers. Each tier offers different features and capabilities designed to meet varying user needs. Subscription terms include:

  1. Access to AI-powered creative tools
  2. Usage limits based on subscription level
  3. Regular updates and improvements
  4. Priority support for higher tier subscribers

We reserve the right to modify subscription features and pricing with appropriate notice to our users.

Payments and Billing Payment can be made through various methods including credit cards, debit cards, and other payment systems we support. All payments are processed securely through our authorized payment partners. Subscription fees are billed:

  1. Monthly or annually, depending on your chosen plan
  2. In advance of the subscription period
  3. Automatically unless cancelled before renewal
  4. Using the payment method you provided

Price changes will be notified at least 30 days in advance of implementation.

Refund Policy We have established a clear refund policy to ensure customer satisfaction while maintaining fair usage of our AI services:

Monthly Subscriptions:

  • Refund requests must be submitted within 48 hours of purchase
  • First-time subscribers may be eligible for a full refund if requested within 7 days
  • Technical issues resulting in service unavailability may qualify for partial refunds

Annual Subscriptions:

  • 14-day money-back guarantee for new annual subscribers
  • Prorated refunds may be available for special circumstances
  • Refund requests after 14 days will be evaluated on a case-by-case basis

Special Conditions:

  1. Refunds will not be issued for violation of our terms of service
  2. Usage of premium features may affect refund eligibility
  3. Repeated refund requests may impact future eligibility
  4. Processing time for approved refunds is typically 5-10 business days

Content Generation and Rights Our Service allows You to generate various types of content using our AI technology. You are responsible for the prompts you provide and the content you generate using our Service, including its legality, reliability, and appropriateness.

Content Ownership and Usage Rights:

  1. You retain rights to the original content you generate through our service
  2. We maintain rights to the underlying AI technology and models
  3. Generated content must comply with our content policies
  4. We reserve the right to monitor for policy violations

Content Restrictions The Company prohibits the generation or transmission of content that is:

  1. Unlawful or promotes illegal activities
  2. Discriminatory or hateful towards any group
  3. Deliberately misleading or fraudulent
  4. Sexually explicit or pornographic
  5. Intended to harass or bully others
  6. Infringing on intellectual property rights
  7. Designed to manipulate or deceive AI systems
  8. Promoting dangerous or harmful activities

We reserve the right to:

  • Review and moderate generated content
  • Suspend accounts violating these restrictions
  • Remove content that violates our policies
  • Report illegal activities to authorities

AI Model and Service Improvements By using our Service, you acknowledge and agree that:

  1. We may use anonymized usage data to improve our AI models
  2. Your interactions help train and refine our systems
  3. We maintain strict privacy controls on training data
  4. You can opt out of model improvement contributions
  5. Service updates may modify available features

Intellectual Property Rights Ownership and Rights:

  1. The Mochii AI platform and technology remain our exclusive property
  2. Users retain rights to their original input content
  3. Generated content rights are subject to our fair use policy
  4. Our brand assets and interface elements are protected

You agree not to:

  • Reverse engineer our AI models
  • Extract or copy our proprietary algorithms
  • Share or resell access to our services
  • Modify or create derivative works without permission

User Accounts When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.

You are responsible for:

  1. Maintaining the confidentiality of your account credentials
  2. All activities that occur under your account
  3. Notifying us immediately of any unauthorized access
  4. Ensuring your account information remains current

Account Restrictions:

  • One account per user only
  • No sharing of accounts between multiple users
  • No reselling or transferring of account access
  • No automated account creation or management

Service Security and Fair Usage To maintain service quality and protect all users, we enforce strict security measures:

  1. Regular security audits and monitoring
  2. Automated threat detection systems
  3. Usage pattern analysis for abuse prevention
  4. Account verification procedures

Prohibited Activities:

  • Attempting to bypass usage limits
  • Creating multiple accounts to circumvent restrictions
  • Using VPNs or proxies to mask abusive behavior
  • Exploiting system vulnerabilities

Content Generation Guidelines When using our AI generation features:

  1. Provide clear and appropriate prompts
  2. Review generated content before use
  3. Report any inappropriate outputs
  4. Respect intellectual property rights
  5. Use content within intended purposes

We may limit or suspend access if we detect:

  • Excessive generation attempts
  • Pattern of inappropriate prompts
  • Automated content scraping
  • Violation of usage guidelines

Service Availability and Updates We strive to maintain high service availability but:

  1. May perform scheduled maintenance
  2. Cannot guarantee uninterrupted access
  3. Reserve the right to modify features
  4. May deprecate or change APIs
  5. Will provide notice of significant changes

Technical Requirements:

  • Modern web browser support
  • Stable internet connection
  • Sufficient device performance
  • Compatible operating system

Intellectual Property Protection We respect intellectual property rights and expect users to:

  1. Only submit content they have rights to use
  2. Respect third-party copyrights and trademarks
  3. Not use our service to infringe others' rights
  4. Report potential IP violations

DMCA Compliance:

  • We respond promptly to DMCA notices
  • Maintain a repeat infringer policy
  • Investigate reported violations
  • Remove infringing content when verified

Limitation of Liability To the maximum extent permitted by law, Mochii and its affiliates shall not be liable for:

  1. Direct, indirect, incidental, or consequential damages
  2. Loss of profits, data, or business opportunities
  3. Service interruptions or technical issues
  4. Content accuracy or appropriateness
  5. Third-party actions or content

The total liability of Mochii for any claims shall not exceed:

  • The amount paid by you in the past 3 months
  • Or $100, whichever is less

Disclaimer The Service is provided "AS IS" and "AS AVAILABLE" without warranties of any kind, either express or implied, including but not limited to:

  1. Merchantability
  2. Fitness for a particular purpose
  3. Non-infringement
  4. Service availability
  5. Content accuracy
  6. Security or error-free operation

We do not guarantee:

  • Uninterrupted service access
  • Error-free AI generations
  • Complete accuracy of results
  • Specific outcomes or results
  • Third-party service reliability

Governing Law These Terms shall be governed by and construed in accordance with the laws of the United States. Any disputes shall be subject to the exclusive jurisdiction of the courts located within the United States.

For EU Users:

  • Additional rights under EU consumer law apply
  • GDPR compliance measures are in effect
  • Right to withdraw consent remains valid

Dispute Resolution Before pursuing legal action, users agree to:

  1. Attempt informal resolution
  2. Provide written notice of disputes
  3. Allow 30 days for resolution
  4. Participate in good faith negotiations
  5. Consider alternative dispute resolution

Arbitration Process:

  • Conducted online when possible
  • Costs shared equally
  • Binding decision
  • Limited appeals process

Changes to Terms We reserve the right to modify these terms at any time:

  1. Notice will be provided for material changes
  2. 30 days advance notice when possible
  3. Continued use implies acceptance
  4. Previous versions will be archived
  5. Users may reject changes by discontinuing use

Severability If any provision of these Terms is found to be unenforceable:

  1. The provision will be modified minimally to be enforceable
  2. Remaining provisions stay in full effect
  3. Original intent will be maintained where possible
  4. Invalid terms will not void the agreement

Contact Information For questions about these Terms:

Email: [email protected] Support: [email protected] Legal: [email protected]

For security issues: [email protected]

For DMCA notices: [email protected]

Business Hours: Monday - Friday 9:00 AM - 5:00 PM (PST)

Last Updated: March 15, 2024