Terms of Service
Last Updated: February 25, 2026
These Terms of Service (the "Terms") and our Privacy Policy ("Privacy Policy") govern your access to and use of the website located at https://moshi.ai (the "Site") and all related software, dashboards, application-programming interfaces, and services provided by Moshi Labs, Inc. ("Moshi," "we," "us," or "our," and, together with the Site, the "Services"). Capitalised terms have the meaning set out in these Terms.
1. Agreement to Terms
Accessing or using the Services constitutes acceptance of, and agreement to be bound by, these Terms. If you do not agree, you must not use the Services. If you act on behalf of a company, you represent that you have authority to bind that entity; "you" refers to that entity.
2. Privacy Policy
Review our Privacy Policy to understand how we collect, use, and disclose information. Using the Services signifies consent to those practices.
3. Changes to Terms or Services
We may modify the Terms or Services at any time. Material changes will be posted and/or emailed. Continued use after the effective date constitutes acceptance.
4. Eligibility & Accounts
4.1 Eligibility
You may use the Services only if you (a) are at least 18 (or age of majority), (b) can form a binding contract, (c) are not barred by law, and (d) use the Services for lawful business purposes.
4.2 Account Registration
Provide accurate, current, and complete information. You are responsible for safeguarding credentials and all activity under your account.
4.3 Security Obligations
Maintain industry-standard administrative, physical, and technical safeguards, including multi-factor authentication.
5. Description of Services
5.1 Platform Overview
Moshi is a software-as-a-service platform enabling businesses to automate and personalise customer engagement through AI-powered conversational agents, analytics, and integrations with e-commerce and advertising platforms. Conversations may take place via Instagram DMs, SMS/MMS, iMessage, or other messaging channels. Messages sent through the Services may be generated by artificial intelligence.
5.2 Beta Features
Certain features may be labelled "Beta," "Preview," or similar. Beta Features are provided "as-is" without warranty and may be discontinued at any time without notice.
6. Your Content, End-User Data & IP
6.1 Your Content
You retain all rights in content you submit ("User Content"). You grant Moshi a worldwide, royalty-free licence to use User Content to (a) provide and improve the Services (including AI training and benchmarking), (b) develop new products, and (c) as permitted by the Privacy Policy.
6.2 End-User Messaging Data (Dual Data Role)
Moshi processes End-User messages, phone numbers, metadata, and related information ("End-User Data") both (i) as a service provider/processor to deliver the Services on your behalf and (ii) as an independent controller for Moshi's legitimate U.S. business purposes including service improvement, compliance, AI-model training on de-identified or aggregated data, and generating aggregated cross-merchant insights. AI models are trained only on de-identified conversation data. You must secure all legally required consents and disclosures from End Users.
6.3 Content Standards & Warranties
You warrant that User Content and your use of the Services: (a) complies with all applicable U.S. laws (TCPA, CAN-SPAM, mini-TCPA statutes, CCPA/CPRA, VCDPA, CPA, etc.); (b) does not infringe third-party rights; (c) is not deceptive, obscene, or harassing; and (d) is backed by verifiable prior express written consent for marketing calls/texts.
6.4 AI-Generated Output
AI output may be inaccurate or inappropriate. You are solely responsible for reviewing and editing AI-generated content before publication. You must not represent AI-generated output as having been created by a human without appropriate disclosure to the End User. Moshi implements quality controls but does not guarantee accuracy. Moshi may monitor and moderate AI-generated content.
6.5 Moshi IP
The Services, software, models, algorithms, and trademarks (excluding User Content) are Moshi's exclusive property.
6.6 Aggregated Data
Moshi may create de-identified, aggregated datasets from End-User Data and usage patterns. Such Aggregated Data is Moshi's property and may be used for benchmarking, research, product improvement, and commercial purposes without restriction.
7. Fees & Payment
7.1 Subscription, Usage & Attribution-Based Performance Fees
Fees are outlined in order forms or in-product notices. In addition to subscription fees, you will pay any performance-based charges (per-conversion, per-message, per-minute, token use).
7.2 Billing & Taxes
You authorise Moshi and its processors to charge your payment method. All fees exclude taxes. All fees are non-refundable except as required by applicable law or expressly stated in an Order Form.
7.3 Late Payments
Overdue amounts accrue 1.5% interest per month (or legal maximum). Moshi may suspend or terminate for non-payment.
7.4 Attribution Methodology
For performance fees, Moshi's attribution determinations (using cookies, pixels, unique IDs, conversation logs, or similar) are final and binding absent clear demonstrable error reported within 30 days. Attribution data remains exportable via dashboard for 180 days after the event.
8. Acceptable Use
You will not: (a) violate law; (b) send unsolicited advertising or unlawful telemarketing; (c) harass or harm; (d) gain unauthorised access; (e) reverse-engineer; (f) build competing products; (g) transmit CSAM, extremist content, deceptive deepfakes; (h) upload PHI; (i) harvest, scrape, or collect personal information of other users or End Users outside the scope of the Services; or (j) resell, sublicense, or make the Services available to third parties as a service bureau without Moshi's prior written consent. Channel-specific rules appear in § 13.
9. Third-Party Integrations & Platform Risk
The Services integrate with third-party platforms including Meta, Shopify, Google, Amazon Web Services, Apple (iMessage), Vercel, OpenRouter. Moshi is not liable for changes in Third-Party Services. You assume platform risk.
10. Privacy, Tracking & Security
Moshi employs reasonable safeguards. You are responsible for configuring retention and deletion settings.
11. Regulatory Compliance (U.S.)
You bear sole responsibility for compliance with all U.S. laws (consumer-protection, privacy, TCPA, CAN-SPAM, HIPAA, GLBA, etc.).
12. Automatic-Renewal Disclosure (California ARL)
For subscriptions of one year or longer, Moshi will email a renewal reminder 15–45 days before the renewal date, stating price, term, and cancellation steps.
13. Messaging & Calling Compliance (TCPA, Mini-TCPA, Carrier Rules)
13.1 Consent
Marketing SMS/MMS or calls require prior express written consent with clear disclosures; consent records must be produced within 5 business days of Moshi's request.
13.2 Opt-Out
Honour STOP-style keywords and any reasonable revocation within 10 business days (or stricter state window). Send one confirmation text and cease messages unless re-opt-in.
13.3 Time-of-Day & Frequency
Limit marketing to 08:00–21:00 local time (federal) or stricter state limits; observe Florida/Oklahoma three-texts-per-day cap.
13.4 Do-Not-Call & DNO
Scrub campaigns against national/state DNC and carrier DNO lists.
13.5 Telemarketing Disclosures
Each marketing text/call must identify the business, state "Msg & Data Rates Apply," include STOP instructions, and link to your mobile terms.
13.6 Prohibited Content
No SHAFT content, illegal gambling, or carrier-banned material.
13.7 Monitoring
Moshi and carriers may monitor traffic; violating traffic may be blocked.
13.8 Records & Audit
Maintain consent/campaign records for 4 years and furnish within 5 business days (or sooner if required).
13.9 Indemnification – Messaging Claims
You will defend and indemnify Moshi from any TCPA, carrier, or messaging-related claims.
13.10 SMS Terms Incorporation
Use of Moshi's SMS features is also governed by our Mobile Messaging Terms & Conditions (US), incorporated herein by reference.
14. Termination
14.1 Convenience
Either party may terminate at the end of the current billing cycle with 30 days' notice.
14.2 For Cause
Either party may terminate immediately for breach, insolvency, or illegal activity.
14.3 Effect
Upon termination, all rights and access cease. You may export your data within 30 days; after which data may be deleted. Requests for data export after termination should be sent to support@support.moshi.ai. Sections 6, 7, 15-27 survive.
14.4 Suspension
Moshi may suspend access immediately if it reasonably believes you have violated these Terms, engaged in fraudulent activity, or pose a security risk.
15. Warranties & Disclaimers
THE SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTIES. MOSHI DISCLAIMS ALL WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS, AND NON-INFRINGEMENT.
16. Limitation of Liability
MOSHI'S TOTAL LIABILITY IS LIMITED TO THE GREATER OF (A) THE AMOUNTS PAID IN THE 3 MONTHS PRECEDING THE CLAIM OR (B) $1,000. MOSHI IS NOT LIABLE FOR INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES.
17. Indemnification (General)
You will defend and indemnify Moshi from claims arising from your use of the Services, User Content, or violations of these Terms.
18. Dispute Resolution – Individuals
Individual users must resolve disputes through binding arbitration under AAA rules. Class actions are waived. You may opt out of arbitration by sending written notice to moshi@moshi.ai within 30 days of first accepting these Terms.
19. Dispute Resolution – Entities
Business entities must resolve disputes through binding arbitration under CPR rules.
20. Governing Law & Venue
These Terms are governed by Delaware law. Venue for any litigation is Delaware.
21. Export & Sanctions
You must comply with all export controls and sanctions laws.
22. DMCA & Trademark Policy
We respond to valid DMCA notices and trademark complaints at support@support.moshi.ai.
23. Feedback
Any feedback you provide becomes our property and may be used without restriction.
24. Force Majeure
Neither party is liable for delays due to events beyond their reasonable control.
25. Accessibility
We strive to make our Services accessible. Contact us with accessibility concerns.
26. Order of Precedence
In the event of conflict, the order of precedence is: (1) Order Form, (2) these Terms, (3) Privacy Policy, (4) any other Moshi policies.
27. Entire Agreement; Assignment; Waiver
These Terms constitute the entire agreement. Moshi may assign these Terms; you may not without our consent.
28. Publicity
Moshi may identify you as a customer and use your logo in marketing materials unless you opt out in writing to support@support.moshi.ai.
29. Contact
Moshi Labs, Inc.
c/o Corporation Service Company
251 Little Falls Drive
Wilmington, DE 19808
General Inquiries: moshi@moshi.ai
Support: support@support.moshi.ai
Important – Binding Arbitration & Class-Action Waiver (U.S. Customers Only)
By using the Services you agree to resolve disputes solely through binding individual arbitration and not by jury trial or class action. See § 18 (Individuals) and § 19 (Entities).
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