Terms of Service - Moxie AI Brands Design Subscription1. Acceptance of TermsThese Terms of Service (this “Agreement”) between Moxie AI Brands (“we,” “us,” or “Moxie AI Brands”) and you govern your access and use of our graphic design and web development platform made available through www.moxieaibrands.com (this “Site”) and the subscription or other services we provide (the “Services”). By using this Site and accessing our Services in any manner, you acknowledge that you have read, understood, and agree to be bound by this Agreement.This Site is controlled and operated by us from our offices within the United States. We make no representation that materials on the Site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access this site from locations outside the United States are responsible for compliance with all applicable laws.We may update this Agreement from time to time. By continuing to use this Site and the Services after the update, you accept the update in its entirety. All updates are effective upon posting. We encourage you to check the “Terms of Service” link on the home page each time you visit this Site, so you are aware of any updates.
2. Privacy Policy2.1 Our privacy policy, which can be found at https://www.moxieaibrands.com/privacy-policy, describes how we may use your personal information. By continuing to use this Site, you accept the Privacy Policy, which is incorporated herein by reference. If you object to your personal information being used as described in the Privacy Policy, please leave this Site immediately. You must be at least 18 years of age to access this Site.
3. The Services3.1 Subject to your compliance with this Agreement, as well as your subscription for an applicable plan and our timely receipt of your associated payment(s), we will make the applicable Services available to you during the term to which you have subscribed. We will use commercially reasonable efforts to make the Services available, subject to planned downtime and any unscheduled emergency maintenance. We may modify, replace, or discontinue the Services at any time, for any reason, without notice to you.
3.2 You agree to Moxie AI Brands’ Design and Subscription Process, which is subject to change without notice. You agree that:You are granted (5) credits per month. Credits expire immediately upon cancellation of subscription. Additional credits may be purchased on a case-by-case basis.Our Delivery window is within 72 hours of receipt of all necessary design details. We reserve the right to postpone the start of design/delivery window timing if details are missing or our questions are not yet answered.We will follow your brand guidelines if provided, but brand strategy and development are not included in content creation or subscription.Upon receipt of content, you have 24 hours to provide feedback, at which point one round of revisions may be made. Delivery of the second round of designs will be within an additional 72 hours of receiving feedback.Designers who do not receive a brand guide will use creative agency to work within a neutral brand identity.Organizations must provide dimensions for any design request before designing begins.We provide design services only. We do NOT provide: copywriting, coding, or development work.All copy must be provided in your design request. We do not begin design until we receive copy, unless copy will be editable by client, in which case we will use placeholder text.All content (video, photos, etc.) that you would like embedded in designs must be provided before design process will begin.We do not provide coding or development work. For landing pages and other design selections, we provide front end design using Squarespace, Wix, etc.Any video content that people want embedded will need to be provided before designs begin(reels, landing pages, etc).We do not provide logo creation within subscriptions.
3.3 You may only access and use the Services in accordance with the terms of the Agreement. You agree to:Provide accurate, current, and complete information about you as may be prompted by any form on this Site (“Registration Data”).Maintain and promptly update the Registration Data to keep it accurate, current, and complete.Maintain the security of any password and identification information.Notify us immediately of any unauthorized use of your account.Accept sole responsibility for any and all activities that occur on your account.You agree to provide any other information that we reasonably request.
3.4 You are responsible for obtaining and maintaining all telecommunications, broadband, and computer equipment and services needed to access and use the Services and for paying all charges related thereto.
3.5 We may terminate your account without prior notice or liability to you if we find, in our sole and exclusive discretion, that you:Have violated this Agreement.Are not in alignment with our model.Are sharing usernames or passwords.Violate our core values.Are abusing our services or team in any way, including using our services for illegal purposes.
3.6 “Licensed Content” means content that we own or license, including artwork, stock photographs, audio, typeface, video, designs, and writings. While you are, and will be, the sole and exclusive owner of all right, title, and interest in and to your project, the Licensed Content incorporated in your project is subject to the license described in Section 4 below. No rights are granted to you other than as expressly set forth herein. You grant us a perpetual, irrevocable, worldwide, nonexclusive, transferable, sublicensable right and license to commercially exploit in any manner any feedback, suggestions, or recommendations that you provide to us.
3.7 Subject to your continued compliance with this Agreement, including timely payment of associated amounts due, we grant you a limited, revocable, non-exclusive, non-sublicensable, non-transferrable license to access and use the Services for your internal business purposes. You may not access or use the Services in order to monitor its availability, performance, or functionality for competitive purposes. You may not, and may not permit any third party to:(a) Reverse engineer (except to the extent specifically permitted by statutory law), decompile, disassemble or otherwise attempt to discover source code, object code, or underlying structures, ideas, or algorithms of the Services.(b) Modify, translate, or create derivative works based on the Services.(c) Use the Services for any purpose other than its own internal purposes.(d) Use the Services other than in accordance with the Agreement and in compliance with all applicable laws and regulations, including but not limited to any applicable privacy and intellectual property laws.
4. Use of the Services4.1 You may use the Services for any number of projects and scope that you have subscribed for under the applicable plan and as are appropriate based on the size of your account. While we accept unlimited requests and revisions, our output volume depends on many factors, namely depending on the total request volume and complexity. We will do our best to work with you to accommodate any priority items and your timelines, but we suggest you do not use our Services for time-sensitive projects.
4.2 We do our best to minimize any mistakes. However, due to the nature of creative design, we cannot guarantee all files delivered will be 100% error-free. When we deliver a file to you, you agree to review and proof all files for any errors or omissions and notify us if any changes or corrections are needed within seven (7) days of receipt. We will do our best to rush edits to correct any mistakes that you notify us about during this time period. If you notify us of any errors after that time period, we are not required to but intend to try to work with you to make corrections.
4.3 The speed of your account is determined by how many subscriptions you have. A subscription is a measurement of output and represents what we can accomplish in a business day, with our team, our software, and our platform. What we can create with a single subscription depends on many factors, including, but not limited to:(i) The type of plan.(ii) The volume of requests.(iii) The complexity of requests.We do not guarantee the amount of work that we can create with a single subscription. To increase the volume of work we can complete within a business day, we suggest you add subscriptions to your account.
4.4 You are the owner and/or controller of all of your information, data, or materials that you provide to us to use the Services (“Customer Content”). By submitting Customer Content to us, you are representing that you are the owner of such Customer Content and/or have the necessary rights, licenses, and authorization to distribute it. You grant us a worldwide, royalty-free, non-exclusive license to access and use Customer Content to provide the Services.
4.5 You are, and will be, the sole and exclusive owner of all right, title, and interest in and to the deliverables, including all intellectual property rights therein. We agree that with respect to any deliverables that may qualify as “work made for hire” as defined in 17 U.S.C. §101, such deliverables are deemed a “work made for hire” for you. To the extent that any deliverables do not constitute a “work made for hire,” we irrevocably assign you all right, title, and interest throughout the world in and to the deliverables, including all intellectual property rights therein. Notwithstanding the foregoing, the terms of this Section 4.5 are subject to your compliance with this Agreement, your full payment of applicable amounts due and the terms of Sections 4.6 and 5 below.
4.6 In the course of providing the Services, we may use certain pre-existing materials. We and our licensors are, and will remain, the sole and exclusive owners of all right, title, and interest in and to any pre-existing materials. We grant you a perpetual, limited, royalty-free, non-transferable, non-sublicensable, worldwide license to use, display, and distribute any pre-existing materials to the extent incorporated in, combined with, or otherwise necessary for the use of the Services or deliverables. We expressly reserve all other rights in and to such pre-existing materials.
4.7 Moxie AI Brands does not support and will not tolerate its Service being used to discriminate against others, especially when based on race, religion, sex, sexual orientation, age, disability, ancestry, or national origin. You are not permitted to use the Service in a manner which would or would likely incite, promote or support such discrimination, and you must not use the Service to incite or promote hostility or violence. If we believe, in our sole determination, that your use of the Service is being used to discriminate, especially if based on race, religion, sex, sexual orientation, age, disability, ancestry, or national origin, we may permanently or temporarily terminate or suspend your access to the Service, without notice and liability for any reason.
5. Use of Stock Services5.1 To the extent that we license the Licensed Content from any third party, including but not limited to Adobe Stock, you agree to comply with the relevant third-party license. Except with our written permission, you may not:(i) Sell, resell, rent, lease, sublicense, assign, grant a security interest in, or otherwise transfer any part of your rights to use Licensed Content apart from a design deliverable prepared by us or as part of a design product for your own personal use.(ii) Change, alter, adapt, translate, convert, modify, or make any derivative works of any Licensed Content.(iii) Falsely represent that you are the original creator of any Licensed Content.(iv) Use Licensed Content in a pornographic, defamatory, or other unlawful manner.(v) Use Licensed Content in any way that allows others to download, extract, or redistribute Licensed Content as a standalone file or work.(vi) Use Licensed Content that features models or property in connection with a subject that would be unflattering or unduly controversial to a reasonable person (for example, sexually transmitted diseases), must indicate: (1) that the content is being used for illustrative purposes only, and (2) any person depicted in the content is a model.
5.2 Our licensors and we retain ownership over Licensed Content licensed from them, whether downloaded through our Stock Services or incorporated into your project deliverable. We reserve the right to terminate, revoke, or withdraw all licenses upon your failure to comply with any provisions of this Agreement. In the event of any termination, you will have no further right to make use of the Licensed Content, which may include the Licensed Content that we have included in your design deliverable.
5.3 Moxie AI Brands does not support and will not tolerate its Service being used to discriminate against others, especially when based on race, religion, sex, sexual orientation, age, disability, ancestry, or national origin. You are not permitted to use the Service in a manner which would or would likely incite, promote or support such discrimination, and you must not use the Service to incite or promote hostility or violence. If we believe, in our sole determination, that your use of the Service is being used to discriminate, especially if based on race, religion, sex, sexual orientation, age, disability, ancestry, or national origin, we may permanently or temporarily terminate or suspend your access to the Service, without notice and liability for any reason.
6. Fees
6.1 Use of our Services requires payment of fees. Before we have any obligation to provide Services, you must pay the fees (as well as applicable taxes) in full, in such amounts and for such billing frequency as specified during registration, as updated (prospectively, not retroactively) by you from time to time. You agree that, upon registering for the Services, you authorize us to charge your method of payment (e.g., credit card) for the fees and applicable taxes from your registration date based upon your chosen billing frequency (e.g., monthly, quarterly, annually). Overdue charges will accrue interest monthly at the rate of 1.5% of the then-outstanding unpaid balance or the maximum rate permitted by law, whichever is lower. We reserve the right to terminate your account in the event of non-payment of amounts owed to us. All amounts owed under this Agreement are non-cancelable and non-refundable, except as specifically provided in this Section 6.6.2 We reserve the right to change our fees upon 5 days’ advance notice. By continuing to use the Services, you accept such changes. We are not required to notify you of temporary promotions or reductions in fees.6.3 We hope you are pleased with our Services. If, for whatever reason, you are not, you may cancel your subscription with us at any time as your sole remedy. Upon cancellation, you will continue to have access to the Services and your design files through the end of your current paid billing term. Once the billing term has ended after cancellation, you will no longer have access to the Services and may lose access to your design files through the Site.6.4 You may request a refund from us if you cancel your subscription either:(i) Within 30 days of signing up for a full paid subscription without the use of a free trial. After this 30-day window, we will not issue a refund. From time to time, we may refuse a refund request if, in our sole discretion, we find evidence of fraud, refund abuse, or other manipulative behavior. Promotions, upgrades, and adjustments to existing plans are non-refundable.**For Moxie AI Brands' standard plans with annual subscriptions, a 14-day Customer Satisfaction period applies. Under this policy, the purchase of a Moxie AI Brands subscription is eligible for a full refund if requested on or before 14 days from the initial sign-up date. This is not applicable for renewals. We reserve the right to refuse the refund. If you take advantage of the 14-day Customer Satisfaction period, Moxie AI Brands owns the rights to any work created during that time, and it may not be used for any purposes. To request a refund for your Moxie AI Brands subscription, contact stephanie@moxieaibrands.com.
7. Confidential Information7.1 For purposes of this Agreement, the term “Confidential Information” means non-public or proprietary information, including, without limitation, information relating to current or future business, products and services, research, images, development, design details, and specifications, and marketing plans.7.2 During the course of our relationship, you may disclose to us your Confidential Information. We agree to hold in confidence and not disclose to any third party any of your Confidential Information, except as approved or directed in writing by you, and will use your Confidential Information for no purpose other than for the Services. We will limit access to your Confidential Information to only those employees, officers, directors, contractors, representatives, and agents who are involved in providing Services to you. We will be responsible to you for any breach of this provision by our employees, officers, directors, contractors, representatives, and agents.7.3 During the course of our relationship, we may similarly disclose to you our Confidential Information. You agree to hold in confidence and not disclose to any third party any of our Confidential Information, except as approved or directed in writing by us, and will use our Confidential Information for no purpose, except as permitted by this Agreement. You will limit access to our Confidential Information to only those employees, officers, directors, contractors, representatives, and agents to whom it is necessary to disclose our Confidential Information. You will be responsible to you for any breach of this provision by your employees, officers, directors, contractors, representatives, and agents.7.4 Notwithstanding anything to the contrary in this Agreement, the following is not Confidential Information:(a) Information that was in the public domain at the time of its disclosure or has entered the public domain without breach of this Agreement.(b) Information that was already in the rightful possession of a party at the time of disclosure.(c) Information that is independently developed by a party without breaching this Agreement.(d) Information that becomes known to a party, without restriction, from a third-party source not directly or indirectly involving a breach of this Agreement.7.5 The confidentiality obligations under this Agreement will survive for five (5) years after the termination of this Agreement.
8. Portfolio Rights8.1 You hereby grant us a limited, nonexclusive, non-sublicensable, royalty-free worldwide license to use, publish, and display any deliverables that we develop in connection with the Services for the purpose of marketing and advertising (the “Portfolio Rights License”). You may revoke the Portfolio Rights License at any time by sending written notice to stephanie@moxieaibrands.com. If you revoke the Portfolio Rights License, we will stop using your deliverables for marketing and advertising purposes; however, your deliverables may continue to exist elsewhere online, such as where the deliverables have been used by others in accordance with the Portfolio Rights License.
9. Term and Termination9.1 This Agreement will expire and terminate upon the expiration or termination of your account or subscription to a Service. All sections of this Agreement which by their nature should survive termination will survive termination, including but not limited to accrued rights to payment, confidentiality obligations, warranty disclaimers, and limitations of liability.9.2 We may terminate this Agreement at any time upon notice if you default or breach this Agreement. Upon expiration or termination of your account or subscription to a Service, all rights under this Agreement relating to such Service will immediately terminate, you will lose all access to the applicable Service, including access to your account and Customer Content or other files. If we terminate the Agreement for your breach, any licenses to Licensed Content will terminate.
10. Disclaimer of Warranties
10.1 We represent and warrant that you will receive good and valid title license to all deliverables, free and clear of all encumbrances and liens of any kind, except for Licensed Content and other pre-existing materials, which may be subject to additional terms and restrictions. EXCEPT AS SPECIFICALLY SET FORTH IN THIS SECTION 10.1, THE SITE AND THE SERVICES ARE PROVIDED “AS IS, AS AVAILABLE”. WE MAKE NO PROMISES ABOUT OUR SERVICES AND, TO THE EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, AND OTHER VIOLATION OF RIGHTS, EITHER ORAL OR WRITTEN, WHETHER ARISING BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, TRADE, OR OTHERWISE.
11. Liability Waiver
11.1 WE WILL NOT BE RESPONSIBLE FOR ANY LOST PROFITS, REVENUES, DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THIS SITE. TO THE EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY, FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED OR EXPRESSED WARRANTIES, SHALL NOT EXCEED FIFTY DOLLARS, REGARDLESS OF THE CAUSE OF ACTION, IN TORT, CONTRACT, OR OTHERWISE. THIS PARAGRAPH DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
12. Indemnification
12.1 YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD US HARMLESS FROM AND AGAINST ANY CLAIMS, LIABILITIES, DAMAGES, LOSSES, AND EXPENSES, INCLUDING WITHOUT LIMITATION, REASONABLE ATTORNEY’S FEES AND COSTS, ARISING OUT OF OR IN ANY WAY CONNECTED TO CUSTOMER CONTENT OR USE OF THE SERVICES OR ANY DELIVERABLES. YOU SHALL COOPERATE AS REQUIRED BY US IN THE DEFENSE OF ANY CLAIM. WE RESERVE THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU, AND YOU WILL NOT, IN ANY EVENT, SETTLE ANY CLAIM WITHOUT OUR PRIOR WRITTEN CONSENT.
13. Links to Third-Party Platforms
13.1 If this Site is available through any third-party platform, or if we provide links from this Site to any third-party platform, then we do not accept responsibility for any content or practices of such third parties.
14. Copyright Infringement1
4.1 Posting User Content that violates any copyright or other intellectual property rights is in express violation of this Agreement. If you believe your copyrighted work was submitted by a Customer to us without authorization, you may submit a DCMA takedown request.14.2 If you have reason to believe that your trademark is being infringed, contact us and we will conduct an investigation. If we determine that the use of your trademark is impermissible, we will take corrective action, including possibly discontinuing service to the Customer who violates your rights, including possibly terminating the Customer’s account.14.3 We will take all necessary measures, in our sole discretion, to ensure that any infringement ceases and to inform you of the steps that we have taken.
15. Dispute Resolution
15.1 This Agreement is governed by and shall be construed under the laws of the United States, without regard to the conflict of law principles thereof. In any dispute or proceeding, you agree that you will first attempt to resolve your concerns with us through mediation with a mutually agreed-upon mediator. If you cannot agree to a mediator, or the mediation does not resolve your concerns, you may contact a court of competent jurisdiction within the United States.
16. General
16.1 You may not assign this Agreement or any of the rights, licenses, or obligations granted hereunder, without our prior written consent. We may assign this Agreement and all of our rights, licenses, and obligations at any time.16.2 This Agreement represents the entire understanding between us and you, including but not limited to any prior agreements, oral or written, between us.16.3 No waiver by us of any breach or default under this Agreement will be deemed to be a waiver of any preceding or subsequent breach or default.16.4 In the event that any provision of this Agreement is determined to be illegal or unenforceable, that provision will be first altered to reflect the original intent of both parties as closely as possible and, if necessary, severed from this Agreement, without affecting the legality or enforceability of the remaining provisions.16.5 This Agreement will be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns.
17. Contact UsIf you have any questions about this Agreement, please contact us at:Moxie AI Brandshello@moxieaibrands.com