Terms of Service

These Terms of Service (“Terms”) govern your access to and use of the Mochi Assistant platform (the “Service”), an AI-powered customer support widget and related dashboard operated by [Company Legal Name] (mochiassistant.com). By creating an account, accessing, or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

If you use the Service on behalf of a company or other legal entity, you represent that you have authority to bind that entity, and “you” and “your” refer to that entity.

You must be at least 18 years old (or the age of majority in your jurisdiction) to use the Service. To access the Service you must create an account and provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. Notify us immediately at mochiassistant@gmail.com if you suspect unauthorized access.

The Service lets you embed an AI assistant on your website that answers visitor questions from your own knowledge base, hands conversations off to your team, and supports voice calls. We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service in accordance with these Terms and any applicable paid plan.

You agree not to, and not to assist anyone else in:

• using the Service to engage in illegal, fraudulent, deceptive, or harmful activity;
• using the Service to store or transmit malware, spam, or content that infringes the rights of others;
• reverse engineering, decompiling, or attempting to extract the source code of the Service;
• reselling, sublicensing, or renting the Service or your account without our prior written consent;
• scraping, crawling, or harvesting data from the Service except through the functionality we provide;
• interfering with or disrupting the integrity, performance, or security of the Service.

The Service uses artificial intelligence to generate automated responses. AI-generated content may occasionally be inaccurate, incomplete, or inappropriate, and does not constitute professional, legal, medical, financial, or other advice. You are solely responsible for configuring the Service, reviewing its outputs, and deciding whether to enable human review or hand-off. You acknowledge that you use AI-generated outputs at your own risk.

Paid features require a subscription on the plan you select. Fees are billed in advance on a recurring basis (monthly or annually) through our payment processors. By subscribing you authorize us to charge the payment method on file. Fees are exclusive of all taxes, which you are responsible for paying, unless we are required to collect them. We may change fees by providing at least 30 days' notice; changes apply at the start of the next billing cycle.

You may cancel your subscription at any time through the dashboard. Cancellation takes effect at the end of the current billing period, and you will not be charged again. Fees already paid are non-refundable except as required by applicable law or as otherwise stated in a written agreement. If you believe you were charged in error, contact us within 30 days at mochiassistant@gmail.com.

You retain all rights to the content and data you upload or connect to the Service (your “User Content”), including your knowledge base, website content, and visitor conversations. You grant us a limited license to process, store, and use your User Content solely to provide, maintain, and improve the Service. You are responsible for ensuring you have the right to upload your User Content and to have it processed by our third-party AI providers.

As between you and us, the Service, including its software, design, documentation, and brand assets, is owned by [Company Legal Name] and its licensors and is protected by intellectual property laws. Except for the license granted in Section 3, no rights are granted to you.

Your personal data and your customers' personal data are processed in accordance with our Privacy Policy, which is incorporated by reference. Where the Service processes personal data on your behalf, we act as a processor (and you act as a controller) under the General Data Protection Regulation (GDPR) and other applicable law, and the terms of a separate Data Processing Agreement (DPA) apply upon request. If you process personal data of individuals in the European Economic Area, the United Kingdom, Mexico, or California, you must provide the appropriate privacy notices and lawful bases to those individuals, and you agree to comply with all applicable data protection laws.

The Service integrates with third-party services, including payment processors, AI providers, telephony providers, and hosting infrastructure. Your use of those services is subject to their own terms and privacy policies. We are not responsible for the availability, security, or practices of third-party services.

We implement reasonable administrative, technical, and physical safeguards to protect your User Content. You are responsible for configuring the Service securely (for example, limiting staff access in your organization's workspace) and for securing your own systems.

We aim to keep the Service available 24/7, but we do not guarantee uninterrupted or error-free operation, and the Service may be temporarily unavailable for maintenance or due to circumstances beyond our control. Unless otherwise agreed in writing, the Service is provided without a service-level agreement. Support is provided through the channels we make available on our plans.

We may suspend or terminate your access to the Service if you materially breach these Terms, if required by law, or to prevent harm to the Service or others. You may stop using the Service at any time. Upon termination, your right to use the Service ends; you may export your User Content before termination, subject to your plan. Sections that by their nature should survive termination (including 4, 9, 13, 15, 16, and 17) will survive.

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT AI-GENERATED OUTPUT WILL BE ACCURATE OR APPROPRIATE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THIS DISCLAIMER MAY NOT APPLY TO YOU.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, [COMPANY LEGAL NAME] AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR RELATING TO THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US FOR THE SERVICE IN THE 12 MONTHS PRECEDING THE CLAIM OR (B) ONE HUNDRED US DOLLARS (USD $100). SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.

You agree to indemnify, defend, and hold harmless [Company Legal Name] and its affiliates, officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or relating to (a) your use of the Service, (b) your User Content, (c) your violation of these Terms, or (d) your violation of applicable law or the rights of any third party.

These Terms are governed by the laws of [the state or country where the company is incorporated], without regard to its conflict of law rules. Any dispute arising out of or relating to these Terms or the Service will be resolved through binding arbitration in accordance with the rules of an established arbitration body selected by us, or, at our option, in the courts of [your country / state]. You agree to bring any claim within one (1) year after the claim accrues and on an individual basis (no class actions). If arbitration is prohibited by law in your jurisdiction, the dispute will be resolved exclusively in the courts of [your country / state].

We may update these Terms from time to time. When we do, we will post the updated Terms on this page and update the “Last updated” date. If the changes are material, we will notify you by email or through the Service. Your continued use of the Service after the changes take effect constitutes acceptance of the revised Terms.

If you have questions about these Terms, contact us at mochiassistant@gmail.com or at our address: [Registered business address].