Please read these Terms of Service (the "Terms") carefully before using the services offered by Moonage, Inc. ("Moonage", "we", "us" or "our"). By (i) mutually executing one or more order forms with Moonage that reference these Terms (each, an "Order Form"), (ii) clicking a box indicating acceptance, or (iii) using the Services, you ("Customer") agree to be bound by these Terms together with all Order Forms (collectively, the "Agreement"), to the exclusion of all other terms.
If the individual accepting this Agreement is doing so on behalf of a company or other legal entity, that individual represents that they have authority to bind such entity and its Affiliates, in which case "Customer" refers to that entity and its Affiliates. If the individual does not have such authority, or does not agree with these Terms, they must not accept this Agreement and may not use the Services.
Capitalized terms used but not defined where they first appear have the meaning given in Section 14 (Definitions) or the applicable Order Form.
1. The Services
1.1 Access to the Services. Subject to Customer's compliance with the Agreement (including any usage limitations and restrictions set out in the applicable Order Form) and Moonage's Acceptable Use Policy, Moonage grants Customer a non-exclusive, limited, non-transferable (except under Section 13.5), non-sublicensable (except to Affiliates) right and license, for the Term, to access and use the Services in the supported jurisdictions and for the number of Authorized Users stated in the Order Form, solely for Customer's and its Affiliates' internal business purposes and in accordance with the Documentation.
1.2 Authorized Users and accounts. Personnel designated by Customer may be given administrative privileges to manage Customer's account and its end users, including access to logs and information about end users' use of the Services. Each Authorized User must have an individual and specific account that may not be shared, transferred, or used by anyone else. Customer may re-assign a license from one Authorized User to another only where the original user has left Customer's organization or is no longer authorized to use the Services; licenses may not be reassigned on a temporary, rotating, or otherwise recurring basis to allow multiple individuals to share a single license.
1.3 Customer responsibility. Customer is responsible for all use of the Services under its account, for safeguarding all access credentials, and for all acts and omissions of its Affiliates, administrators, and Authorized Users (an act or omission by an Authorized User that would breach this Agreement if taken by Customer is deemed a breach by Customer). Customer must promptly notify Moonage of any suspected or confirmed unauthorized access to or use of the Services or the access credentials, and of any administrator or end user who should no longer have access but whom Customer is unable to suspend.
1.4 AI capabilities and limitations. Artificial intelligence and machine learning are rapidly evolving. Moonage works continuously to make the Services more accurate, reliable, and beneficial, including features that process audio, transcripts, calendar data, and other information available through Third-Party Integrations. However, given the probabilistic nature of machine learning, the Services may produce Output that is incorrect or does not accurately reflect real people, places, or facts. Customer is responsible for evaluating the accuracy and suitability of Output for its use case, including through appropriate human review, and for verifying that its use of Customer Data is lawful and does not infringe any third party's rights. Output is not legal, financial, medical, or other professional advice.
1.5 Third-Party Models. Customer acknowledges that Third-Party Models are not developed by Moonage. While Moonage uses commercially reasonable efforts to diligence Third-Party Models, it does not control their training or hosting and cannot guarantee the suitability, accuracy, quality, security, legality, or reliability of any Third-Party Model or its outputs. Third-Party Models may be subject to additional terms, and Customer is responsible for complying with any such terms presented through the Services. The warranties and indemnities Moonage provides under this Agreement do not apply to Third-Party Models.
1.6 Third-Party Integrations. The Services may operate on or with Third-Party Integrations, and their availability may depend on Moonage's ability to access those integrations. Customer represents that it has all rights, permissions, and consents necessary to connect and use any Third-Party Integration it integrates with the Services, and that any exchange of data between Customer and a third-party provider is governed by that provider's own terms. Moonage does not guarantee that the Services will continue to incorporate any particular Third-Party Integration.
2. Acceptable use and restrictions
2.1 Use restrictions. Customer shall not, and shall not permit any third party to: (i) use the Services in a way that infringes, misappropriates, or violates any person's rights; (ii) sub-license, sell, rent, lease, or otherwise transfer its right to access or use the Services; (iii) reverse engineer or attempt to derive the source code of the Services, except as permitted by applicable law; (iv) modify, translate, or create derivative works of the Services; (v) use any automated method to extract data or Output other than methods Moonage provides in the Services; (vi) use the Services to build a competing product or service; (vii) access or use the Services from a Sanctioned Jurisdiction; (viii) remove or alter any proprietary notices; (ix) bypass or attempt to bypass any measures used to restrict access to the Services; or (x) use the Services in a manner that interferes with their proper working.
2.2 No sensitive data. The Services are not designed to store or process Sensitive Data. Customer shall not submit, post, or otherwise transmit through the Services any personally identifiable genetic or biometric data, payment card data (including card numbers, cardholder names, expiration dates, or security codes), or other Sensitive Data, unless and to the extent expressly agreed in writing by the parties.
2.3 High-risk uses. Customer shall not use the Services for any activity where the use or failure of the Services could lead to death, personal injury, or severe physical or environmental damage, including the operation of life-support systems, emergency services, nuclear facilities, autonomous vehicles, or air-traffic control.
2.4 Enforcement and suspension. If Moonage has reasonable grounds to suspect a violation of this Section 2, it will notify Customer by email (a "service notice") and request prompt and appropriate action. After providing written notice, Moonage may suspend access (in whole or in part) where (i) it reasonably believes the breach poses an immediate risk of harm, (ii) Customer fails to comply with a service notice within the time stated in it, or (iii) the breach cannot be remedied. Moonage may also suspend access where required by law, where Customer's use poses a security risk, or where Customer's account is materially overdue, in each case using commercially reasonable efforts to give prior notice and to restore access once the cause is resolved.
3. Beta features
3.1 Scope. This Section governs Customer's use of any services, features, or functionality that Moonage offers on a preview, beta, or early-access basis ("Beta Features") and that Customer elects to use. Beta Features are optional, and Customer is under no obligation to use them.
3.2 As-is basis. Beta Features are provided on an as-is and as-available basis. Moonage makes no representations or warranties regarding the availability, reliability, completeness, or performance of any Beta Feature, and the warranties in Section 9 do not apply to Beta Features to the extent they relate to availability or functionality. Customer acknowledges that Beta Features may contain errors and may be modified or discontinued. For the avoidance of doubt, Moonage's obligations regarding Confidential Information, information security, personal data, and the protection of Customer Data apply to Beta Features to the same extent as to the Services generally.
3.3 Changes. Moonage may, in its sole discretion, modify, limit, or discontinue any Beta Feature at any time, with or without notice, and will not be liable for any such modification, limitation, or discontinuation.
3.4 Beta liability cap. Notwithstanding Section 10.2, each party's aggregate liability arising out of or relating to Beta Features shall not exceed USD 100,000, except that this limit does not apply to (i) Enhanced Claims or (ii) liability that by law cannot be limited.
4. Professional services
4.1 Performance. Moonage will perform any professional services — such as training, migration, implementation, or integration ("Professional Services") — as described in an Order Form or a written statement of work that incorporates this Agreement by reference (a "Statement of Work"). Customer will provide all reasonable cooperation required, including timely access to relevant materials, information, and personnel, and will reimburse Moonage's reasonable pre-approved travel and lodging expenses where applicable.
4.2 Work product. To the extent Professional Services result in any software code or other work product ("Work Product"), such Work Product remains owned solely and exclusively by Moonage and may be used by Customer only in connection with its authorized use of the Services under this Agreement.
4.3 Additional services. If Moonage provides assistance in excess of any agreed estimate, or services beyond those agreed in an Order Form or Statement of Work, Customer will pay Moonage at its then-current hourly rates.
5. Fees and payment
5.1 Fees. Customer shall pay all fees specified in the applicable Order Form, or as otherwise agreed in writing (including through Customer's affirmative sign-up or enrollment in a subscription plan offered by Moonage). Except as otherwise stated, fees are based on subscriptions purchased and not actual usage, payment obligations are non-cancelable, and fees paid are non-refundable except as expressly provided in this Agreement. Customer's payment obligations are not contingent on the delivery of any future functionality or on statements not set out in the Agreement.
5.2 Invoicing and payment terms. Unless otherwise stated in the Order Form, invoiced fees are due net thirty (30) days from the invoice date. Customer is responsible for providing complete and accurate billing information.
5.3 Overdue amounts. If any invoiced amount is not received by the due date, Moonage may, without limiting its other rights: (i) charge late interest at the lower of 1.5% per month or the maximum rate permitted by law; (ii) after at least ten (10) business days' prior notice, suspend access until overdue amounts are paid in full; and (iii) condition future renewals and orders on shorter payment terms in cases of repeated delay. Moonage will not charge late interest on, or suspend access for, amounts subject to a bona fide good-faith dispute that Customer is diligently working to resolve.
5.4 Overages. If Customer exceeds any Authorized User or usage limitation in an Order Form, Moonage may invoice the excess at the overage rates in the Order Form (or, if none, at Moonage's then-current standard rates), pro-rated from the first date of excess use, and any renewal will include the additional fees.
5.5 Fee changes. Moonage may update the fees applicable to a coming Renewal Term by giving at least forty-five (45) days' notice before the end of the then-current term.
5.6 Taxes. Fees are exclusive of all taxes, levies, duties, and similar governmental charges ("Taxes"). Customer is responsible for all Taxes associated with its purchases, other than Taxes assessable against Moonage based on its income, property, or employees. If Moonage is legally obligated to collect Taxes for which Customer is responsible, Moonage will invoice Customer and Customer will pay that amount unless Customer provides a valid exemption certificate.
6. Term and termination
6.1 Term. This Agreement begins on the earlier of (i) the Effective Date and (ii) the date Customer first uses the Services, and continues for the initial period stated in the Order Form (the "Initial Service Term"). Unless terminated by Moonage on at least ninety (90) days' written notice, or by Customer on at least thirty (30) days' written notice, before the end of the then-current period, the Agreement automatically renews for successive periods equal to the Initial Service Term (each a "Renewal Term").
6.2 Termination for cause. A party may terminate this Agreement for cause (i) upon thirty (30) days' written notice of a material breach that remains uncured at the end of the notice period, (ii) if the other party becomes the subject of insolvency, receivership, liquidation, or assignment for the benefit of creditors, or (iii) if the other party ceases to do business. Where Customer terminates for cause due to Moonage's material breach, Customer is entitled to a refund of any prepaid, unused fees for the period after the effective date of termination.
6.3 Effects of termination. Upon termination, the licenses granted under this Agreement end (except as needed for Moonage to assist with data retrieval under Section 6.4), and all outstanding fees become due and payable unless termination is due to Moonage's material breach.
6.4 Data retrieval and deletion. During the Term and for thirty (30) days after termination, Moonage will, on Customer's reasonable request, assist Customer in retrieving any Customer Data stored in the Services in a standard machine-readable format. Each party will promptly return or, if instructed, destroy the other's Confidential Information. After the thirty (30) day period, unless restricted by law or otherwise agreed in writing, Moonage will securely delete all remaining Customer Data in accordance with industry-standard data-destruction practices and, on written request, certify that deletion in writing.
6.5 Survival. Provisions that by their nature are intended to survive termination will do so, including those relating to fees accrued, intellectual property, confidentiality, disclaimers, indemnification, limitation of liability, and governing law.
7. Confidentiality
7.1 Confidential Information. "Confidential Information" means information disclosed by one party (the "Disclosing Party") to the other (the "Receiving Party") that is designated as confidential or that should reasonably be understood to be confidential given its nature and the circumstances of disclosure, and includes Customer Data, the Services, the terms of the Agreement (including pricing), and each party's business and technical information. Confidential Information does not include information that (i) is or becomes publicly known through no fault of the Receiving Party, (ii) was known to the Receiving Party without a duty of confidentiality before disclosure, (iii) is rightfully obtained from a third party without breach of any obligation, or (iv) is independently developed without use of the Disclosing Party's Confidential Information.
7.2 Obligations. The Receiving Party shall keep the Disclosing Party's Confidential Information confidential, protect it with at least reasonable care, and not use it outside the scope of the Agreement. It may disclose Confidential Information to its employees, advisers, agents, and subcontractors who need to know it for the Agreement and are bound by confidentiality obligations no less protective than these. A party may disclose Confidential Information to the limited extent required by law or a binding order, provided it gives the Disclosing Party prior notice where legally permitted and cooperates in any effort to obtain confidential treatment.
7.3 Information security. Each party shall implement reasonable and appropriate technical and organizational measures to secure access to and use of Confidential Information. Moonage shall not materially decrease the overall security of the Services during the Term and will adhere to its published information-security policy.
8. Intellectual property
8.1 Moonage IP. Moonage, its Affiliates, and its licensors own all right, title, and interest in and to the Services and all intellectual property rights therein, including all modifications, updates, and upgrades. No rights are granted to Customer except as expressly set out in this Agreement.
8.2 Customer Data. As between the parties, Customer (and its Affiliates or licensors) owns all right, title, and interest in and to Customer Data. Customer grants Moonage a limited, non-exclusive, non-transferable, non-sublicensable (except to Affiliates and subcontractors), worldwide license for the Term to host, copy, transmit, create derivative works of, and display Customer Data solely as necessary to provide the Services. To the extent Moonage acquires any right, title, or interest in Customer Data, it irrevocably assigns that interest to Customer. Customer represents that it has all rights and consents necessary to provide Customer Data to Moonage without infringing any third party's rights.
8.3 Feedback. Customer (including its administrators and end users) may provide feedback, comments, and suggestions. Moonage may use such feedback without restriction or compensation, and any intellectual property rights resulting from it vest exclusively in Moonage, provided that no intellectual property rights in Customer Data pass to Moonage as a result, and Moonage will use feedback only in a manner that does not identify Customer or its Affiliates as its source.
8.4 Usage Data and no training. Moonage may collect and use Usage Data to develop, improve, support, operate, and secure the Services. Moonage may share Usage Data with third parties only (i) in accordance with Section 7 or (ii) where it is aggregated and anonymized so that Customer and its end users cannot be identified. Usage Data does not include Customer Data. Moonage will not use Customer Data or Customer's Confidential Information to train or fine-tune AI models, nor allow its subcontractors to do so, and will not use Google Workspace user data to train non-personalized or generalized AI models or combine it with other customers' data for model training.
8.5 Non-uniqueness of output. Customer acknowledges that, due to the nature of machine learning, Input may be similar to input provided by third parties and Output may not be unique across customers. Questions asked by, and responses generated for, Moonage's other customers are not Customer Data under this Agreement.
9. Warranties and disclaimers
9.1 Mutual authority. Each party represents that it has validly entered into this Agreement and has the legal power to do so.
9.2 Service warranty. Moonage warrants that, during the Term, (i) the Services will conform materially to the applicable Documentation, (ii) it will perform the Services in a professional manner consistent with generally accepted industry standards, (iii) it will not materially decrease the overall security or functionality of the Services, and (iv) the Services will, to Moonage's knowledge, not infringe any third party's intellectual property rights. For any breach of this Section 9.2, Customer's exclusive remedies are to request a remedy and, if the breach is material and not remedied, to exercise its termination rights under Section 6.2.
9.3 Availability. Moonage will use commercially reasonable efforts to make the Services available, except for support and maintenance, and to provide advance notice of any planned suspension. Moonage may make improvements, additions, and modifications and correct errors, even if such measures temporarily impair access.
9.4 Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," AND MOONAGE DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ACCURACY. MOONAGE DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT THEY WILL MEET CUSTOMER'S REQUIREMENTS.
10. Limitation of liability
10.1 Exclusion of indirect damages. Neither party will be liable for any indirect, special, incidental, exemplary, punitive, or consequential damages, including lost profits, lost opportunities, loss of data, or cost of substitute services, arising out of or relating to this Agreement, even if advised of the possibility of such damages.
10.2 Liability cap. Other than with respect to (i) Customer's payment obligations, (ii) the parties' obligations under Section 11 (Indemnification), and (iii) liability that by law cannot be limited (such as for gross negligence or intentional misconduct), each party's aggregate liability under this Agreement shall not exceed the greater of (a) the total fees paid or payable by Customer in the twelve (12) months before the event giving rise to the claim.
10.3 Enhanced Claims. The cap in Section 10.2 does not apply to a party's breach of Section 7 (Confidentiality) or of the Data Processing Agreement ("Enhanced Claims"). For all Enhanced Claims, each party's aggregate liability shall not exceed the greater of (a) two times (2x) the total fees paid or payable by Customer in the twelve (12) months before the event giving rise to the claim.
10.4 Affiliates and claims window. Moonage's liability includes liability for damages caused to Customer's Affiliates that use the Services as permitted in an Order Form, and the caps in Sections 10.2 and 10.3 apply in the aggregate across Customer and all of its Affiliates; claims may be brought only by Customer and not by its Affiliates. To be valid, any claim for damages must be notified to the other party no later than twelve (12) months after the claiming party became, or should have become, aware of the event giving rise to the claim, and in no event later than twelve (12) months after termination of the Agreement.
11. Indemnification
11.1 By Moonage. Moonage will defend Customer against any third-party claim alleging that Customer's use of the Services in accordance with this Agreement infringes that third party's intellectual property rights, and will indemnify Customer against damages, costs, and reasonable attorneys' fees finally awarded against Customer for such a claim. If the Services become (or are likely to become) the subject of an infringement claim, Moonage may, at its option, (i) procure the right for Customer to continue using the Services, (ii) modify or replace them to be non-infringing, or, if neither is commercially reasonable, (iii) terminate the affected Services and refund any prepaid, unused fees. Moonage has no obligation for claims arising from (a) materials, data, or technology not provided by Moonage, (b) Input, (c) Output resulting from Input in violation of the Agreement, (d) modifications not made by Moonage, or (e) Third-Party Integrations or Third-Party Models.
11.2 By Customer. Customer will defend Moonage against any third-party claim arising from or relating to Customer Data, Input, or Output resulting from Input that violates the Agreement, Customer's use of the Services in an unauthorized manner, or Customer's use of Third-Party Integrations, and will indemnify Moonage against damages, costs, and reasonable attorneys' fees finally awarded against Moonage for such a claim.
11.3 Procedure. The indemnified party must (i) promptly notify the indemnifying party in writing of the claim, (ii) give the indemnifying party sole control of the defense and settlement (provided that no settlement may impose any obligation on the indemnified party or fail to fully release it without its consent), and (iii) provide reasonable assistance at the indemnifying party's expense. For this Section, a claim against a party includes a claim against its Affiliates and their respective officers, directors, and employees. This Section states each party's sole liability and exclusive remedy for third-party intellectual-property claims.
12. Personal data
12.1 Processing on Customer's behalf. When providing the Services, Moonage processes any personal data contained in Customer Data on behalf of Customer in accordance with the Data Processing Agreement, which is incorporated into this Agreement by reference. No subprocessor engaged under the Data Processing Agreement will, except for cloud-storage providers, retain or log Customer Data or Customer's Confidential Information for human review.
12.2 Moonage's own processing. Moonage's processing of personal data for its own purposes — such as communicating with Customer's personnel, account administration, security, and compliance — is governed by Moonage's Privacy Policy.
12.3 Compliance. Each party will comply with applicable data protection laws, including the GDPR and UK GDPR, in connection with the Agreement. Customer is responsible for obtaining all rights, permissions, and consents necessary for the lawful provision and processing of Customer Data.
13. General provisions
13.1 Relationship of the parties. The parties are independent contractors. This Agreement creates no partnership, joint venture, agency, or employment relationship, and neither party may bind the other.
13.2 Notices. Notices must be in writing and are effective upon (i) personal delivery, (ii) the second business day after mailing, or (iii) the day of sending by email (except notices of termination or indemnifiable claims, which must be sent by a non-email method or clearly identified as legal notices). Notices to Moonage should be sent to the address in Section 15, with a copy to legal@moonage.ai.
13.3 Publicity. Customer grants Moonage the right to use Customer's name, logo, and trademarks to identify Customer as a Moonage customer on its website and in marketing materials. On Customer's written request, Moonage will promptly cease further such use.
13.4 Force majeure. Except for payment obligations, neither party is liable for any failure or delay caused by conditions beyond its reasonable control, including natural disasters, epidemics or pandemics, acts of war or terrorism, civil unrest, labor disputes, governmental action, power or telecommunications failures, denial-of-service attacks, or widespread internet disruption. If such a condition substantially prevents performance for more than one (1) month, either party may terminate the Agreement on written notice without liability for compensation.
13.5 Assignment. Neither party may assign this Agreement without the other's prior written consent (not to be unreasonably withheld), except that either party may assign it in its entirety, without consent, to an Affiliate or in connection with a merger, acquisition, reorganization, or sale of all or substantially all of its assets.
13.6 Subcontractors. Moonage may use subcontractors to provide the Services, subject to Section 7 and the Data Processing Agreement, and remains responsible for their acts and omissions and the Customer's sole point of contact for the Services.
13.7 Export. Customer shall comply with all applicable export-control and sanctions laws and shall not export, re-export, or make the Services available in violation of such laws or to any Sanctioned Jurisdiction.
13.8 Waiver and severability. No failure or delay in exercising a right operates as a waiver, and any waiver must be in writing. If any provision is held unenforceable, it will be reformed only to the extent necessary to make it enforceable, and the remaining provisions stay in effect.
13.9 Entire agreement; order of precedence. This Agreement (including all Order Forms and Statements of Work) is the entire agreement between the parties on its subject matter and supersedes all prior or contemporaneous communications and proposals. Any term in a Customer purchase order or other order documentation (other than an Order Form) is void. In case of conflict, the order of precedence is: (i) the applicable Order Form, (ii) these Terms, and (iii) the Documentation.
13.10 Changes to these Terms. Moonage may update these Terms to the extent reasonably necessary to comply with law, reflect changes to the Services that do not materially reduce core functionality, address security or abuse risks, or make non-material clarifications, and will give Customer reasonable prior notice by email or through the Services. Moonage will not change these Terms in a way that detracts from its obligations regarding Confidential Information, Customer Data, or security without Customer's consent. If a change materially and adversely affects Customer, Customer may terminate the affected Services on written notice within thirty (30) days of the notice, and Moonage will refund any prepaid, unused fees for the affected portion of the Subscription Period. Continued use after the effective date constitutes acceptance.
13.11 Age restriction. The Services are intended for professional use and are not directed to anyone under the age of sixteen (16). Customer represents that each Authorized User is at least sixteen (16) years old, or such higher age as required under applicable local law.
14. Governing law and disputes
14.1 Governing law. This Agreement, and any dispute or claim arising out of or relating to it (including non-contractual obligations), is governed by the laws of the State of Delaware, USA, without regard to its conflict-of-law rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
14.2 Negotiation. The parties will first attempt in good faith to resolve any dispute through negotiation between representatives with authority to settle, which is a precondition to commencing litigation.
14.3 Forum. If a dispute is not resolved through negotiation, it shall be brought exclusively in the state or federal courts located in the State of Delaware, and each party consents to the personal jurisdiction of those courts.
14.4 Injunctive relief. Notwithstanding the foregoing, either party may seek injunctive or other equitable relief from any court of competent jurisdiction to prevent the actual or threatened infringement or misappropriation of its intellectual property or Confidential Information.
15. Definitions
- "Affiliate" means any entity that directly or indirectly controls, is controlled by, or is under common control with a party, where "control" means direct or indirect ownership of more than 50% of the voting interests of, or the power to direct the management and policies of, the entity.
- "Authorized User" means Customer's employees, consultants, contractors, and agents who are authorized by Customer to access and use the Services and for whom access has been purchased.
- "Beta Features" means any services, features, or functionality offered by Moonage on a preview, beta, or early-access basis, as designated by Moonage from time to time.
- "Customer Data" means information, data, and other content, in any form, submitted, posted, or transmitted by or on behalf of Customer or an Authorized User through the Services, comprising both Input and Output. Customer Data does not include Usage Data.
- "Data Processing Agreement" means the data processing agreement entered into between the parties and forming part of the Agreement.
- "Documentation" means Moonage's end-user documentation for the Services, as provided to Customer in writing.
- "Effective Date" means the date the Order Form is signed by duly authorized representatives of both parties.
- "Enhanced Claims" has the meaning given in Section 10.3.
- "Input" means the data, documents, prompts, and other content uploaded, submitted, or otherwise provided for use in the Services by or on behalf of Customer.
- "Output" means the output generated and returned by the Services, by or on behalf of Customer, based on the Input.
- "Sanctioned Jurisdiction" means any country or territory that is the subject of comprehensive sanctions administered or enforced by the U.S. Government, the United Nations Security Council, the European Union or any EU member state, or His Majesty's Treasury of the United Kingdom.
- "Sensitive Data" means special categories of personal data (such as data revealing health, genetic, or biometric information), payment cardholder or financial-account information, government identification numbers, and any other data afforded heightened protection under applicable law.
- "Services" means the Moonage AI platform and related product(s) and service(s) specified in an Order Form — a cloud service accessible via web, mobile, or desktop applications (and, where agreed, APIs), together with any plug-ins, add-ins, and ancillary documentation provided by Moonage. The Services exclude Customer Data.
- "Subscription Period" means the term of a subscription as specified in the applicable Order Form.
- "Term" means the Initial Service Term and all Renewal Terms combined.
- "Third-Party Integrations" means any third-party products provided with, integrated with, or incorporated into the Services.
- "Third-Party Models" means any artificial-intelligence or machine-learning model, including any large language model, developed or operated by a third party and used in connection with the Services.
- "Usage Data" means information reflecting the access, interaction, or use of the Services by or on behalf of Customer and Authorized Users — including access frequency, session duration, feature usage, navigation patterns, volume of activity, and aggregated or anonymized descriptions of the type of task performed — from which neither the substance of any Customer Data nor the identity of any individual can reasonably be determined. Usage Data does not include Customer Data.
16. Contact
Questions about these Terms may be sent to legal@moonage.ai or to the address below.
Moonage, Inc.