1. Service Acceptance & Modification

Arbitration & Waiver Notice: By accepting these Terms, you agree to settle almost all legal disputes exclusively through individual binding arbitration, explicitly waiving your rights to jury trials, class action lawsuits, or representative proceedings, subject to the opt-out mechanism in Section 16.

Updates to Terms: We reserve the right to modify these Terms at any time. Changes will be reflected in the updated revision date. Notice of material updates may be communicated via email, platform notifications, or website banners. Revisions take effect immediately upon posting unless stated otherwise; your continued platform use constitutes acceptance of revised Terms.

2. User Information & Privacy Compliance

Data Collection: You consent to the collection, processing, and storage of personal data as detailed in our Privacy Policy.

Communication Consent: You agree to receive operational notices, service updates, and administrative communications sent to the contact information you provide.

Accuracy Warranty: You guarantee that all registration information submitted to the Company is accurate, current, and complete.

3. Age Eligibility & Compliance Responsibilities

Age Minimum: You must be at least 18 years old (or the legal age of majority in your jurisdiction) to use our Services. Minors are strictly prohibited from creating accounts or submitting queries.

Unpermitted Minor Access: Parents or legal guardians who suspect a minor has accessed the platform without consent must notify us immediately at support@Mochacoey.com.

Enterprise & API Responsibility: If you integrate our platform into a Customer Solution or manage a Team Account, you are strictly responsible for enforcing the 18+ age requirement across all your End Users.

4. Defined Terms

• Customer Solution: Any software application, product, or third-party service developed by you that connects to our Services via our APIs for end-user deployment.
• Documentation: Any technical guides, API reference materials, developer kits, platform FAQs, or instructions made available by the Company.
• End Users: Individual consumers or client accounts utilizing a Customer Solution powered by our underlying Services.
• Term: The timeframe during which you maintain an active account or maintain authorized platform access.
• Usage Data: De-identified, aggregated, or anonymized technical analytics, performance telemetry, and system usage metrics derived from interactions with our platform.

5. License Grant & Service Scope

Standard Platform Use: Subject to payment of applicable fees, the Company grants you a limited, non-exclusive, non-transferable, revocable license to access the platform and Documentation for personal or internal commercial operations.

API Integration License: If accessing the platform programmatically via APIs to power a Customer Solution, you receive a non-sublicensable, worldwide right to integrate approved endpoints. You are expressly forbidden from exposing raw, unauthenticated API keys or endpoints directly to your End Users. We reserve the right to throttle or cap excessive API call volumes that threaten system stability.

AI Features & Output Nature: Our generative AI tools process user prompts (“Customer Input”) to synthesize synthetic media, code, audio, text, or visual assets (“Output Content”). You must use AI Features lawfully and in compliance with third-party intellectual property rights.

Because AI algorithms function probabilistically, generated outputs may not be unique across different accounts, and identical inputs may yield similar results for multiple users. AI Features may generate inaccurate, misleading, or flawed information (“hallucinations”). Output Content is provided without any guarantees regarding original copyright creation, non-infringement, or fitness for specific commercial uses. You assume all operational risks.

6. Account Security & Organization Teams

Credential Confidentiality: You must maintain strong account credentials and are strictly prohibited from sharing login details outside your authorized entity.

Team Accounts: Designated administrators of Team Accounts centralize organization billing and account permissions. Administrators assume full liability for team member compliance with these Terms, must cooperate with the Company during security investigations, and must terminate compromised sub-accounts upon notice.

Account Reclamation: The Company reserves the right to reclaim, suspend, or modify usernames that infringe third-party trademarks or brand rights.

7. Customer Input & Intellectual Property Usage

Ownership of Input: As between you and the Company, you retain all ownership rights in the text, prompts, media, and data uploaded to the platform (“Customer Input”).

Processing License: You grant the Company a worldwide, royalty-free, non-exclusive license to process, host, reproduce, translate, and format Customer Input solely to deliver, secure, and maintain the Services.

Usage Data Rights: The Company exclusively owns all aggregated, de-identified Usage Data and system telemetry generated by platform activities, retaining full rights to utilize this data for platform development, safety monitoring, and model optimization.

Warranties on Input: You represent and warrant that you hold all necessary licenses, copyrights, privacy consents, and legal clearances for any content you upload, ensuring it does not violate applicable privacy or copyright laws.

Prohibited Platform Actions — You expressly agree not to:

• Reverse engineer, decompile, disassemble, or attempt to derive underlying source code or model weights.
• Copy, frame, scrape, rent, lease, or resell platform access without explicit written permission.
• Use data mining bots, automated harvesters, or unauthorized scripts to extract data.
• Utilize the platform, Documentation, or outputs to train, fine-tune, or benchmark competing generative AI models or services.
• Remove proprietary, copyright, or trademark notices embedded in the Services or outputs.
• Introduce malicious code, viruses, or logic bombs, or launch denial-of-service attacks against system infrastructure.
• Bypass security safeguards or rate-limiting protocols.

8. Billing, Credits & Payment Terms

Credit Purchase System: Access to computational resources is billed on a pay-as-you-go credit structure based on compute time, model parameters, or output volume. Usage fees are automatically deducted from your account credit balance.

Expiration & Non-Refundability: Purchased credits expire 365 days from the purchase date. Free or promotional credits expire after 90 days. All credit purchases are strictly non-refundable, non-transferable, and non-exchangeable for fiat currency.

Taxes & Payment Processing: Stated fees exclude local, state, or international sales, use, or value-added taxes. You are responsible for all applicable taxes. Transactions processed via credit card or ACH are subject to the terms and privacy rules of our third-party payment processing partners.

9. Suspension & Termination

Inactivity Deactivation: Accounts remaining inactive for over one full year may be deactivated by the Company, requiring manual reactivation requests.

Termination for Cause: Either party may terminate this agreement if the other party materially breaches these Terms and fails to remedy the breach within 30 days of written notice. Immediate termination applies to breaches involving intellectual property theft or prohibited system abuse.

Immediate Suspension Rights: The Company may instantly restrict or suspend platform access without prior notice if we detect illegal activity, security breaches, system abuse, non-payment extending past 10 days, or server performance degradation caused by your account integrations.

10. Proprietary Rights & Unsolicited Feedback

Company IP Ownership: The Company and its licensors retain absolute title, copyright, and intellectual property rights over all software, system architectures, models, algorithms, trademarks, and design elements underlying the platform.

Feedback License: Any suggestions, ideas, or feature requests (“Feedback”) voluntarily submitted to us become the exclusive property of the Company. We may utilize Feedback for product development without obligation, payment, or credit to you.

11. Third-Party Services & Model Dependencies

Third-Party Infrastructure: Platform functionality relies on external infrastructure providers, cloud hosting vendors, and third-party AI models. The Company assumes no responsibility for external service outages, network latency, or third-party API changes.

Restrictions on Third-Party Assets: You may not extract or use third-party datasets or outputs accessible through our platform to train competing models or recreate proprietary training datasets.

12. Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, directors, officers, employees, and agents from any third-party claims, liabilities, losses, damages, legal costs, and expenses (including reasonable attorneys' fees) arising out of:

• Customer Inputs that infringe third-party privacy, copyright, or intellectual property rights.
• Your violation of these Terms or applicable laws.
• Misconduct or misuse of the platform by you, your team members, or your End Users.

13. Disclaimer of Warranties

THE SERVICES AND ALL GENERATED OUTPUT CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL EXPRESS, IMPLIED, OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT PLATFORM OPERATION WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, NOR DO WE WARRANT THAT GENERATED OUTPUTS WILL BE ACCURATE, ORIGINAL, OR FREE FROM AI HALLUCINATIONS.

14. Limitation of Liability

TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, THE COMPANY AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, NOR ANY LOSS OF PROFITS, DATA, OR GOODWILL.

OUR TOTAL CUMULATIVE LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF $50 USD OR THE TOTAL AMOUNT PAID BY YOU TO THE COMPANY IN THE 12 MONTHS PRECEDING THE CLAIM EVENT.

15. Legal Release

You release the Company from all claims, demands, and damages arising out of disputes between platform users or third-party service providers. If residing in California, you explicitly waive California Civil Code § 1542, which states: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release..."

16. Binding Individual Arbitration & Class Action Waiver

Mandatory Individual Resolution: You and the Company agree that any dispute, controversy, or claim arising out of these Terms or Services will be settled through final, binding individual arbitration administered by the American Arbitration Association (AAA) under its Federal Arbitration Act guidelines, rather than in court.

Class Action Waiver: You explicitly waive the right to participate in class actions, class-wide arbitrations, private attorney general proceedings, or consolidated lawsuits.

Informal Resolution Period: Prior to initiating arbitration, the claiming party must submit a written Claimant Notice to support@Mochacoey.com. Both parties agree to negotiate in good faith for 30 days before filing any formal arbitration demand.

Arbitration Protocol: Claims involving amounts under $10,000 USD will be conducted solely through written submissions or telephonic hearings. In-person hearings, if required, will take place in the corporate jurisdiction of the Company unless hardship is established for individual consumers.

Exceptions: Either party may bring qualifying individual claims in local small-claims court or seek emergency injunctive relief in court to prevent unauthorized misuse of intellectual property.

Mass Arbitration Batching: If 25 or more similar arbitration demands are submitted concurrently by common counsel, cases will proceed in batched bellwether sets of 30, followed by mandatory global mediation before remaining claims may be filed.

30-Day Opt-Out Right: You may opt out of binding arbitration by sending a written opt-out notice to support@Mochacoey.com within 30 days of first creating your account, specifying your full legal name, contact email, and clear statement of intent to opt out.

17. Governing Law & Export Controls

Jurisdiction: These Terms are governed by the laws of the State of Delaware, without giving effect to conflict of laws principles. Court litigation not subject to arbitration shall be conducted exclusively in the state or federal courts situated in Delaware.

Export Compliance: You represent and warrant that you are not located in, a national of, or acting on behalf of any embargoed nation or restricted entity list maintained by federal sanction authorities. You are solely responsible for adhering to international export control regulations.

18. General Legal Provisions

Entire Agreement: These Terms constitute the complete and exclusive legal agreement between you and the Company regarding platform usage.

Severability: If any provision of these Terms is deemed invalid or unenforceable, that specific clause will be severed, leaving all remaining provisions in full legal effect.

Non-Waiver: Failure to enforce any provision does not constitute a legal waiver of future enforcement rights.

Assignment: You may not assign or transfer your rights under these Terms without written consent. The Company may freely assign its rights and obligations.

For legal inquiries or account support, contact us at support@Mochacoey.com.