Terms of Service

Last updated: January 6, 2025

Acceptance of Terms

Welcome to moccet ("we," "us," or "our"). These Terms of Service ("Terms") constitute a legally binding agreement between you and Moccet LLC governing your access to and use of our website, platform, services, and any related software or applications (collectively, the "Services"). By accessing or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference.

If you are using our Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms, and your agreement to these Terms will be treated as the agreement of that organization. In that event, "you" and "your" will refer to that organization.

You may not use our Services if you are under 18 years of age or if you are prohibited from using our Services under applicable law. By using our Services, you represent and warrant that you meet these eligibility requirements.

Description of Services

moccet provides an AI-powered development platform that connects businesses with vetted development talent and facilitates project completion through our proprietary AI agents and project management tools. Our Services include project brief generation, talent matching, project management, communication tools, payment processing, and various AI-assisted development features.

We act as a platform to facilitate connections and transactions between businesses seeking development services ("Clients") and developers, designers, and other professionals providing services ("Talent"). We are not a party to any agreements between Clients and Talent, and we do not guarantee the quality, timing, or outcome of any work performed through our platform.

Our AI agents assist in various aspects of the development process, including code generation, project planning, and task automation. While we strive to ensure the accuracy and reliability of our AI systems, you acknowledge that AI-generated content may contain errors and should be reviewed and validated by qualified professionals before implementation.

Account Terms

To access certain features of our Services, you must create an account. When creating an account, you must provide accurate, complete, and current information. You are responsible for safeguarding your account credentials and for any activities or actions under your account. You must immediately notify us of any unauthorized access to or use of your account.

You may not use another person's account without permission, impersonate any person or entity, create multiple accounts for fraudulent purposes, or sell, trade, or transfer your account to another person without our written consent. We reserve the right to suspend or terminate accounts that violate these Terms or engage in fraudulent, abusive, or illegal activity.

By creating an account, you consent to receive electronic communications from us, including emails about your account, our Services, promotional offers, and updates to our Terms and policies. You may opt out of promotional communications at any time through your account settings or by following the unsubscribe instructions in our emails.

Acceptable Use

You agree to use our Services only for lawful purposes and in accordance with these Terms. You are prohibited from using our Services to violate any applicable laws or regulations, infringe upon the rights of others, transmit any harmful or malicious code, engage in any fraudulent or deceptive practices, harass, abuse, or harm others, or interfere with the proper functioning of our Services.

You may not attempt to gain unauthorized access to our Services, other users' accounts, or our computer systems or networks. You may not use automated means to access our Services without our express written permission. You may not remove, obscure, or alter any legal notices displayed in or along with our Services.

Content you submit, post, or display through our Services must not violate any third-party rights, contain false or misleading information, include sensitive personal information without proper consent, or promote illegal activities. We reserve the right to remove any content that violates these Terms or that we deem inappropriate in our sole discretion.

Payment Terms

Clients agree to pay all fees associated with projects posted on our platform, including our service fees and any applicable taxes. Payment terms, including milestones and schedules, are established between Clients and Talent for each project. We facilitate payment processing through third-party payment providers and are not responsible for any issues arising from their services.

Our service fees are calculated as a percentage of the total project value and are clearly disclosed before you commit to any transaction. These fees are non-refundable except as required by law or as explicitly stated in our refund policy. We reserve the right to modify our fee structure with advance notice to users.

Talent acknowledges that we may withhold applicable taxes from payments as required by law. Talent is responsible for their own tax obligations and must provide accurate tax information. Disputes regarding payments should be resolved directly between Clients and Talent, though we may provide dispute resolution assistance as described in these Terms.

Intellectual Property

The Services, including all content, features, and functionality, are owned by Moccet LLC, its licensors, or other providers of such material and are protected by copyright, trademark, patent, trade secret, and other intellectual property laws. Our trademarks and trade dress may not be used without our prior written consent.

You retain ownership of any content you submit to our Services, but you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and display such content as necessary to provide and improve our Services. This license continues even after you stop using our Services for content that has been shared with others.

Work product created through projects on our platform is subject to the intellectual property agreements between Clients and Talent. By default, Clients receive all rights to custom work created for their projects upon full payment, unless otherwise agreed. AI-generated content may be subject to additional licensing terms, which will be clearly communicated when applicable.

Privacy

Your use of our Services is subject to our Privacy Policy, which describes how we collect, use, and protect your personal information. By using our Services, you consent to our collection and use of your information as described in our Privacy Policy. We are committed to protecting your privacy and maintaining the security of your personal data.

We implement appropriate technical and organizational measures to protect your data against unauthorized access, alteration, disclosure, or destruction. However, no method of transmission over the internet or electronic storage is completely secure, and we cannot guarantee absolute security of your information.

Termination

We may suspend or terminate your access to our Services at any time for violation of these Terms, fraudulent or illegal activity, or for any other reason in our sole discretion. You may terminate your account at any time through your account settings or by contacting our support team.

Upon termination, your right to use our Services will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity provisions, and limitations of liability. We are not liable to you or any third party for any termination of your access to our Services.

Warranties & Disclaimers

Our Services are provided "as is" and "as available" without any warranties of any kind, either express or implied. We disclaim all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that our Services will be uninterrupted, error-free, or secure.

We are not responsible for the conduct, quality of work, or fulfillment of obligations by any users of our platform. We do not endorse or guarantee the skills, qualifications, or work of any Talent, nor do we guarantee that Clients will pay for services rendered. Users engage with each other at their own risk.

Indemnification

You agree to indemnify, defend, and hold harmless Moccet LLC, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of or in any way connected with your access to or use of our Services, your violation of these Terms, or your violation of any rights of another.

Limitation of Liability

To the maximum extent permitted by law, Moccet LLC shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from your use of our Services.

In no event shall our aggregate liability exceed the greater of one hundred dollars ($100) or the amount you paid us in the twelve months preceding the claim. These limitations apply regardless of the theory of liability and even if we have been advised of the possibility of such damages.

Dispute Resolution

Any disputes arising out of or relating to these Terms or our Services shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall be conducted in Delaware, and judgment on the award may be entered in any court having jurisdiction.

You agree to resolve disputes with us on an individual basis and waive your right to participate in a class action lawsuit or class-wide arbitration. If the class action waiver is found to be illegal or unenforceable, then this entire arbitration provision shall not apply.

General Terms

These Terms constitute the entire agreement between you and Moccet LLC regarding the use of our Services. If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect. Our failure to enforce any right or provision of these Terms will not constitute a waiver of such right or provision.

These Terms are governed by the laws of Delaware without regard to its conflict of law provisions. You may not assign or transfer these Terms without our prior written consent. We may assign our rights and obligations under these Terms without restriction.

Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of any material changes by posting the new Terms on our website and updating the "Last updated" date. Your continued use of our Services after any changes indicates your acceptance of the new Terms. If you do not agree to the modified Terms, you must stop using our Services.