Moji Terms of Service

1. Eligibility

1.1 Minimum age

You must be at least 13 years old to use the Services. By using the Services, you represent that you meet this requirement.

1.2 Legal capacity

You must have the legal capacity to enter into a binding contract. If you are under the age of majority in your jurisdiction, you may only use the Services with the involvement of a parent or guardian who agrees to these Terms and who is responsible for any action you approve.

1.3 Use on behalf of an organization

If you are using the Services on behalf of a company, organization, or other entity, you represent and warrant that you have the authority to bind that entity to these Terms. In that case, "you" and "your" refer to both you as an individual and the entity.

1.4 Compliance with laws

You may not use the Services if you are barred under applicable law or subject to government sanctions. You are responsible for ensuring that your use of the Services complies with all laws, rules, and regulations that apply to you.

2. The Services

2.1 Overview

Moji is a personal AI agent. You create a space for something you are working on, and Moji helps keep it on track by organizing information, drafting things for you, suggesting next steps, and taking actions you approve.

2.2 Connected accounts

The Services integrate with email providers, calendars, and other third-party accounts. When you connect an account, you authorize Moji to access and process the information in it that is needed for the features you have enabled. You can disconnect an account at any time.

2.3 Spaces

A space is a container for one project. You may invite other people into a space. The member who creates a space owns it, and the owner may remove members or delete the space. Our Privacy Policy explains what happens to the content in a space when a member leaves or deletes their account.

2.4 Service changes

We may improve, enhance, or modify the Services over time, and we may remove or discontinue features. We will make reasonable efforts to provide notice of material changes, but we are not obligated to maintain any particular feature or functionality.

2.5 Beta features

From time to time we may offer features labeled "beta," "preview," "early access," or similar. Beta features may be less reliable or available than other parts of the Services, and your use of them is at your own risk.

2.6 No guarantee of availability

We do not guarantee that the Services, or any part of them, will always be available, uninterrupted, or error-free. Downtime may occur for maintenance, technical issues, or reasons outside our control.

2.7 AI-powered features

The Services are built on artificial intelligence provided by us and by third-party providers. These features may produce outputs that are incomplete, inaccurate, or unexpected. You are responsible for reviewing any AI-generated output, and any action Moji proposes, before relying on it or approving it.

3. What Moji Does on Your Behalf

3.1 Approvals

Moji asks for your approval before it takes an action it identifies as sensitive, including sending or replying to a message on your behalf and making a purchase. You see what Moji proposes before it happens. You may ask Moji to change which actions require your approval, and if you do, actions in the categories you have chosen may be carried out without a further prompt.

3.2 Best efforts to identify sensitive actions

Moji uses its best efforts to recognize which actions are sensitive. These judgments are made by software and will not always be correct. You should review what Moji proposes rather than relying on it to categorize every action correctly.

3.3 Your responsibility for approved actions

An action you approve is your action. You are responsible for the messages Moji sends at your direction, the commitments you approve, and the consequences of those actions, in the same way you would be if you had taken them yourself.

3.4 Limits on authority

You authorize Moji to take the actions you approve and nothing more. These Terms do not appoint Moji or BuildForever as your legal agent for any other purpose, and do not give us authority to enter into agreements on your behalf outside the actions you approve in the product.

3.5 Activity log

Moji keeps a record of the actions it has taken. The log is available to you in the app.

3.6 Third-party terms

When Moji acts with a third-party service on your behalf, your use of that service remains subject to that service's own terms. You are responsible for ensuring that using Moji with a service does not breach your agreement with that service. We are not responsible for a third party suspending or terminating your account.

4. Subscriptions, Purchases and Payments

4.1 Subscription

Moji's paid plan is sold through Apple's in-app purchase. Payment is charged to your Apple account, and your subscription is managed in your Apple account settings. Apple's terms govern the transaction, and we do not receive your card details.

4.2 Renewal and cancellation

Subscriptions renew automatically unless you cancel at least 24 hours before the end of the current period. You can cancel or change your subscription in your Apple account settings. Cancelling stops the next renewal and does not refund the current period, except where required by law or by Apple's policies.

4.3 Refunds

Refunds for subscriptions are handled by Apple under Apple's policies. We cannot issue refunds for purchases made through Apple.

4.4 Price changes

We may change subscription prices. We will give you notice before a change takes effect, and the new price will apply from your next renewal. If you do not accept the new price, you may cancel before it takes effect.

4.5 Purchases Moji makes for you

When you approve a purchase inside Moji, payment is processed by Stripe through Stripe Link. The purchase is a transaction between you and the merchant. We are not the seller, we are not a party to that transaction, and we are not responsible for the goods or services you buy, their delivery, or the merchant's terms, returns, or refunds.

4.6 Your responsibility for approved purchases

You are responsible for purchases you approve, including their price, taxes, shipping, and any recurring charges the merchant applies. Review what is proposed before approving it.

4.7 Taxes

Prices may exclude applicable taxes. You are responsible for any taxes associated with your subscription or your purchases, other than taxes on our income.

5. Accounts

5.1 Account creation

To use the Services you must create an account. You must provide accurate and complete information and keep it up to date.

5.2 Security of your account

You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account. We will not be liable for loss or damage arising from your failure to safeguard them.

5.3 Credentials you store in Moji

Moji lets you save credentials for services you want it to use. Those credentials are stored as described in our Privacy Policy. You are responsible for the credentials you choose to save, for having the right to use them, and for removing them when you no longer want Moji to use them.

5.4 Unauthorized use

You must notify us at help@buildforever.com immediately if you suspect unauthorized use of your account.

5.5 Responsibility for activity

You are responsible for all actions taken under your account, whether or not authorized by you. If you share your credentials or your device with others, you do so at your own risk.

5.6 Text messages

When you sign up with or add a phone number, you agree that Moji may text that number. Moji texts you sign-in codes and updates on what you ask it to do, and replies when you text Moji at (877) 834-6719. Sign-in codes may come from a different number our verification provider uses. Message frequency varies. Message and data rates may apply. Moji does not send marketing texts.

Reply STOP to stop texts at any time, or HELP for help. You can also reach us at help@buildforever.com. Carriers are not liable for delayed or undelivered messages. Our Privacy Policy explains how we handle your phone number.

6. Your Content

6.1 Ownership

You retain ownership of the content you create, upload, or bring into the Services through a connected account ("User Content").

6.2 License to us

You grant us a worldwide, non-exclusive, royalty-free license to host, store, transmit, process, and display your User Content solely to operate, provide, and improve the Services. This license ends when you delete the content or your account, subject to our data retention practices.

6.3 Scope

This license includes the right to process the contents of connected accounts, to create summaries, plans, drafts and proposed actions from them, and to use aggregated or anonymized data to improve the Services.

6.4 Limitations

We do not sell your data. We do not permit our AI model providers to use your data to train their models. Our use of your data to train and improve Moji is described in our Privacy Policy, including how to turn it off.

6.5 Responsibility for content

You are responsible for your User Content, including ensuring that it does not violate any law, infringe anyone's rights, or cause harm, and that you have the right to share information about other people that you add to a space.

6.6 Deletion

You can delete content, a space, a connected account, or your whole account from the app. Deletion works as described in our Privacy Policy.

7. Shared Spaces

7.1 Inviting others

When you invite someone into a space, they can see the content and the agent activity available to that space. Do not invite someone into a space that contains information you are not willing to share with them.

7.2 Content contributed by others

Other members own what they contribute. You may not use a shared space to collect or extract another member's information for purposes outside the project the space is for.

7.3 Actions in a shared space

Approvals are personal. A member can only approve actions taken with their own connected accounts, and cannot approve an action that uses yours.

7.4 Leaving and removal

Members may leave a space at any time, and an owner may remove a member or delete the space. What happens to content in each of those cases is described in our Privacy Policy.

8. Acceptable Use

8.1 Prohibited conduct

You agree not to use the Services in any way that:

• Violates applicable law or regulation.
• Infringes or misappropriates intellectual property or other rights.
• Transmits defamatory, harassing, abusive, or fraudulent content.
• Sends spam, phishing attempts, or other unsolicited communications, including by directing Moji to send them.
• Impersonates another person, or uses Moji to communicate in a way that misleads a recipient about who they are dealing with.
• Distributes malware, viruses, or harmful code.
• Attempts to gain unauthorized access to the Services, to accounts, or to systems, including by directing Moji to do so.
• Uses the Services to scrape, harvest, or build a dataset from a third-party service in breach of that service's terms.
• Reverse engineers, decompiles, or attempts to derive the source code of the Services.
• Interferes with or disrupts the performance or integrity of the Services.

8.2 Automated and high-volume use

Moji is for personal use. You may not use it to operate a bulk messaging operation, a resale service, or an automated system that sends or transacts at a volume a person could not reasonably review.

8.3 Enforcement

We may investigate violations of these Terms and take appropriate action, including suspending or terminating accounts, removing content, pausing an agent's ability to act, or reporting illegal activity to authorities.

9. Intellectual Property

9.1 Our rights

The Services, including all software, technology, designs, text, graphics, and other content we provide, are the exclusive property of BuildForever and its licensors.

9.2 Limited license

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable license to access and use the Services for personal purposes.

9.3 Restrictions

Except as expressly permitted, you may not copy, modify, distribute, sell, or lease any part of the Services, nor reverse engineer or attempt to extract source code, without our prior written consent.

9.4 Feedback

If you provide feedback, comments, or suggestions, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use that feedback for any purpose without obligation to you.

10. Privacy

Your use of the Services is subject to our Privacy Policy, which describes what we collect, how we use it, what we do not store, and how deletion works. By using the Services you acknowledge that we may process your information as described there.

11. Third-Party Services

11.1 Integrations

If you enable an integration, you authorize us to exchange data with that third party as necessary to provide it.

11.2 Third-party content

The Services may include links to or content from third parties. We do not control and are not responsible for it, and a link is not an endorsement.

11.3 Service providers and subprocessors

We use third-party companies to help operate, provide, and secure the Services, including hosting, security, payments, and AI functionality. By using the Services you authorize us to engage them and to allow them to process information on our behalf in accordance with our Privacy Policy.

12. Termination and Suspension

12.1 By us

We may suspend or terminate your account, or restrict your access, if we reasonably believe you have violated these Terms, your use poses a risk of harm or liability, we are required to act by law, or we discontinue part or all of the Services.

12.2 By you

You may delete your account at any time from the app. Deleting your Moji account does not cancel a subscription bought through Apple, which you must cancel in your Apple account settings.

12.3 Effect of termination

When your account is terminated, your right to use the Services ceases immediately, Moji stops acting on your behalf, and we delete your account and associated data as described in our Privacy Policy. Provisions that by their nature survive termination will survive.

12.4 Inactivity

We may close accounts that have been inactive for an extended period, with reasonable prior notice.

13. Disclaimer of Warranties

13.1 As-is basis

The Services are provided on an "as is" and "as available" basis, without warranties or conditions of any kind.

13.2 No express or implied warranties

To the fullest extent permitted by law, we disclaim all express, implied, and statutory warranties, including warranties of merchantability, fitness for a particular purpose, non-infringement, and warranties arising out of course of dealing, usage, or trade.

13.3 No guarantee of results

We do not warrant that the Services will be uninterrupted, timely, secure, or error-free, that results will be accurate or reliable, that defects will be corrected, or that the Services are free of harmful components.

13.4 Agent output and actions

Moji's output and the actions it proposes are generated by software. They may be wrong, poorly judged, or based on information that has changed. Approving an action is your decision, and some actions, including sending a message and making a purchase, cannot be undone. Do not use Moji for anything where an error would cause serious harm.

13.5 Third-party systems

The Services rely on connected accounts, merchants, payment processors, and other third-party systems we do not control. We cannot guarantee the delivery, receipt, timing, or integrity of anything sent through them, or the completion of any transaction.

14. Limitation of Liability

14.1 Exclusion of certain damages

To the maximum extent permitted by law, we and our affiliates, officers, employees, agents, licensors, and service providers will not be liable for indirect, incidental, special, consequential, or punitive damages, or for loss of profits, revenue, goodwill, data, or business opportunities.

14.2 Cap on liability

Our total liability for all claims related to the Services will not exceed the greater of $100 or the amount you paid us in the 12 months preceding the claim.

14.3 Applicability

These limitations apply to all theories of liability, including contract, tort, strict liability, or otherwise, even if we were advised of the possibility of such damages.

14.4 Jurisdictional exceptions

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some limitations above may not apply to you.

15. Indemnification

15.1 Your obligations

You agree to indemnify, defend, and hold harmless BuildForever, its affiliates, officers, employees, and agents from any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or related to your use of the Services, your User Content, actions you approve, your violation of these Terms, or your violation of any law or third-party right.

15.2 Cooperation

You agree to cooperate fully in the defense of any claim subject to indemnification. We reserve the right to assume exclusive defense and control of any matter otherwise subject to indemnification by you.

16. Dispute Resolution and Arbitration

16.1 Informal resolution

Before filing a formal claim, you agree to contact us at help@buildforever.com to try to resolve the dispute informally.

16.2 Binding arbitration

If we cannot resolve the dispute informally within 30 days, you and we agree to resolve all disputes through binding arbitration. You waive your right to a trial by jury and your right to participate in class actions. Arbitration will be administered by the American Arbitration Association under its Consumer Arbitration Rules, as modified by these Terms.

16.3 Procedures

• Arbitrator authority. The arbitrator has exclusive authority to resolve all disputes, including disputes about the scope, enforceability, or interpretation of this arbitration agreement.
• Location. Arbitration will take place in California unless we agree otherwise. If the claim is for $10,000 or less, you may choose to have it conducted by telephone, on written submissions, or in person in your county of residence.
• Fees. The AAA rules govern payment of arbitration fees. We will reimburse fees for claims under $10,000 unless the arbitrator determines your claims are frivolous.
• Relief. The arbitrator may award any relief a court could award, including injunctive relief and attorneys' fees, consistent with these Terms.

16.4 Class action waiver

You and we agree that each may bring claims against the other only in an individual capacity, not as a plaintiff or class member in any purported class, collective, or representative action.

16.5 Opt-out

You may opt out of arbitration within 30 days of first accepting these Terms by emailing help@buildforever.com with the subject line "Arbitration Opt-Out." If you opt out, you keep your right to litigate disputes in court.

16.6 Exceptions

Either party may bring an individual action in small claims court, or seek injunctive relief in court for intellectual property infringement or misuse of the Services.

17. Governing Law and Venue

These Terms and your relationship with us are governed by the laws of the State of Delaware, without regard to conflict of laws principles. Subject to the arbitration provisions above, any permitted legal proceedings must be brought in the state or federal courts located in California, and you consent to the personal jurisdiction of those courts.

18. Changes to the Services

We may modify, suspend, or discontinue the Services, or any part of them, at any time without liability. If we discontinue the Services in a way that materially affects you, we will provide reasonable notice when possible.

19. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will notify you through the Services, by email, or by other reasonable means. By continuing to use the Services after changes become effective, you agree to the revised Terms. If you do not agree, you must stop using the Services.

20. Miscellaneous

Entire agreement. These Terms, together with our Privacy Policy, are the entire agreement between you and us regarding the Services and supersede prior agreements.

Severability. If any provision is found invalid or unenforceable, the remaining provisions remain in full force.

Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign them without restriction, including in connection with a merger, acquisition, or sale of assets.

Waiver. Our failure to enforce any right or provision is not a waiver of it.

Force majeure. We are not liable for any failure or delay caused by events beyond our reasonable control.

Export control. You may not use or export the Services in violation of U.S. export laws and regulations.

U.S. government rights. If you are a U.S. government entity, the Services are provided as "commercial items" subject only to the rights set out in these Terms.

Survival. Sections that by their nature should survive termination, including disclaimers, limitations of liability, indemnification, and dispute resolution, will survive.

Interpretation. Headings are for convenience only. "Including" means "including without limitation."

Language. These Terms are written in English. Any translation is for convenience only, and the English version controls.

21. Contact Us

If you have questions, concerns, or requests regarding these Terms, you can reach us at:

Moji (BuildForever, Inc.)
Email: help@buildforever.com