Last Updated: June 13, 2026 Effective Date: June 13, 2026
These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Datapizza Inc., a Delaware corporation ("Moodio," "Company," "we," "us," or "our"). By creating an account, accessing, or using the Moodio platform (the "Service"), you acknowledge that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, Acceptable Use Policy, DMCA/Copyright Policy, and all other policies incorporated by reference.
IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE SERVICE.
Eligibility. You must be at least 18 years of age to use the Service. By using the Service, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms. If you are using the Service on behalf of an organization, you represent and warrant that you have authority to bind that organization to these Terms, and "you" refers to both you individually and that organization, which are jointly and severally bound by these Terms.
Modifications. We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on the Service and updating the "Last Updated" date. Your continued use of the Service after such changes constitutes acceptance of the modified Terms. For material changes that adversely affect your rights, we will provide at least 30 days' advance notice via email or in-product notification.
Moodio provides a platform that combines two core functionalities:
(a) Video Search Engine. A searchable library of existing commercial, film, and other video content ("Search Library") that enables users to browse, search, and view short, reduced-resolution video clips (typically under 10 seconds) for reference and inspiration purposes. Search Library content is presented in good faith for transformative reference, commentary, study, and creative inspiration. Moodio does not own the copyright to the content in the Search Library. All Search Library content remains the property of its respective copyright holders. Your use of Search Library content is limited to the view-only, personal and internal reference and inspiration purposes expressly permitted in Section 6, and you are solely responsible for ensuring that your use complies with these Terms and applicable law.
(b) AI-Powered Generation Platform. Tools that enable users to generate new images and videos ("AI-Generated Outputs") using artificial intelligence, based on prompts and on reference inputs that you upload and that you own or are otherwise licensed or legally entitled to use. The AI generation tools are not intended for use with Search Library content, and Moodio does not authorize or encourage the use of Search Library content as an input to, or to otherwise direct, the generation tools (see Section 6). The generation features are powered by a combination of Moodio's proprietary technology and third-party AI services. The Service is a neutral, general-purpose creative tool; you alone select your inputs, prompts, and reference materials and direct the generation. You are solely responsible for your inputs and for the AI-Generated Outputs you create, use, publish, or distribute. AI-Generated Outputs may have limited or no copyright protection under applicable law.
(c) Third-Party AI Services. The Service integrates third-party artificial intelligence tools and services ("Third-Party AI Services"). Your use of AI-Generated Outputs created through Third-Party AI Services is subject to the applicable terms, acceptable-use policies, and license restrictions of those providers, which are incorporated into these Terms by reference. A current list of Third-Party AI Service providers (or a link to such list) is made available on the Service and is updated from time to time. In the event of a conflict between these Terms and any Third-Party AI Service terms with respect to content generated through that service, the more restrictive provision shall apply. We may change, add, or remove Third-Party AI Services at any time without prior notice.
3.1 Account Creation. To access certain features of the Service, you must create an account. You agree to provide accurate, current, and complete information during registration and to keep your account information updated.
3.2 Account Security. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.
3.3 Account Termination. We reserve the right to suspend or terminate your account at any time, with or without cause, and with or without notice. Upon termination, your right to use the Service will immediately cease. Sections 5, 6, 7, 8, 9, 10, 11, 12, 13, and 14 shall survive any termination or expiration of these Terms.
4.1 Credit System. AI generation features are accessed through a credit-based system. Credits are consumed when you use generation features. Credit costs vary by generation type, resolution, and duration. Current credit pricing is displayed on the Service.
4.2 Subscription Plans. We offer subscription plans that provide credits at discounted rates and may include additional features. Subscription details, including pricing, credit allocations, and included features, are described on the Service.
4.3 Auto-Renewal. Subscriptions automatically renew at the end of each billing period unless you cancel before the renewal date. You authorize us to charge your payment method on file for each renewal period.
4.4 Enterprise Plans. Enterprise and B2B customers may be offered custom pricing, volume discounts, and dedicated support under separate Enterprise Service Agreements.
4.5 Taxes. All fees are exclusive of taxes, levies, or duties imposed by taxing authorities. You are responsible for payment of all such taxes associated with your use of the Service, excluding taxes based on Datapizza Inc.'s net income.
This Section 5 constitutes the content license agreement between you and Moodio. By accepting these Terms, you grant all licenses described below, which apply to all content you upload, submit, or create through the Service, now and in the future, without requiring additional consent for each upload.
5.1 Your Content. "Your Content" means all images, videos, photographs, audio, text, prompts, and other materials that you upload to, submit through, or create using the Service, including (a) content you upload as reference inputs for AI generation ("User Uploads"), (b) prompts and instructions you provide to the AI generation tools, and (c) AI-Generated Outputs created at your direction.
5.2 Ownership. As between you and Moodio, you retain all ownership rights in Your Content that you had prior to uploading it to the Service. For AI-Generated Outputs, you own such outputs to the fullest extent permitted under applicable law, subject to the license grants below. You acknowledge that purely AI-generated content without meaningful human creative direction may have limited or no copyright protection under current law.
5.3 License Grant to Moodio. By submitting Your Content to the Service, you grant Moodio a worldwide, non-exclusive, royalty-free, sublicensable (through multiple tiers), and transferable license to use Your Content for the following purposes:
(a) Hosting and Delivery: to host, store, cache, reproduce, transcode, reformat, stream, and display Your Content as necessary to operate and provide the Service;
(b) AI Generation: to process, analyze, and use Your Content as input to artificial intelligence and machine learning systems for generating AI-Generated Outputs at your direction;
(c) Team and Enterprise Sharing: to make Your Content available to authorized users within your organization or team as determined by your account settings and permissions;
(d) Safety and Compliance: to access, review, analyze, and scan Your Content using automated and manual systems for detecting violations of these Terms, applicable law, or third-party rights, including content moderation and safety enforcement;
(e) Service Improvement: to use Your Content (in anonymized or aggregated form where practicable) to create, test, improve, train, or otherwise develop the artificial intelligence, machine learning models, algorithms, and features that power the Service; and
(f) Promotion: to use and display Your Content (only content you have made publicly available through the Service) in connection with marketing, advertising, and promoting the Service, with attribution where practicable.
5.4 License Duration. The licenses granted in Section 5.3 are perpetual and irrevocable with respect to content that has already been processed, cached, or incorporated into AI models. For content that has not been so processed, you may revoke the license by deleting Your Content from the Service, except that (i) deleted content may persist in backups for a reasonable period, and (ii) aggregated or anonymized derivatives are not subject to deletion.
5.5 Public vs. Private Content. You control whether Your Content is publicly available or private through your account settings. If you choose to make Your Content public, you understand that other users may view and interact with it. If you keep Your Content private, Moodio will not publicly display it, but the license grants in Section 5.3(a) through 5.3(e) still apply.
5.6 Tiered Rights by Plan.
(a) Free Plan: AI-Generated Outputs are for personal, non-commercial use only. Outputs may include a Moodio watermark. Moodio retains broad license rights including public display and use for service promotion.
(b) Paid Plans: AI-Generated Outputs may be used for commercial purposes. No watermark. Moodio's license rights do not include public display of content you have not made public.
(c) Enterprise Plans: As specified in your Enterprise Service Agreement, which may include restrictions on Moodio's use of your content for AI model training and may include IP indemnification on the terms expressly set out in that signed agreement and not otherwise.
5.7 Representations and Warranties. You represent, warrant, and covenant, on a continuing basis, that:
(a) you own or have obtained all necessary rights, licenses, consents, releases, and permissions to submit Your Content and to grant the licenses in this Section 5;
(b) Your Content, and every reference input, image, video frame, audio, prompt, and other material you upload or supply to the AI generation tools, does not and will not infringe, violate, or misappropriate any third-party right, including any copyright, trademark, trade secret, patent, contractual, moral, privacy, or publicity right;
(c) without limiting the foregoing, you will not upload, supply, or use as a reference input any content owned by a third party (including any frame, still, clip, character, or other element from any film, television program, video game, commercial, or other production) unless you own it or have a valid license or other lawful right to use it for that purpose, and you will not use the Service to reproduce, recreate, or generate outputs that are substantially similar to, or derivative of, any third-party copyrighted work or any real person's likeness without all necessary rights;
(d) if Your Content or any input depicts, identifies, or resembles an identifiable individual, you have obtained that individual's consent (or otherwise have a lawful basis) for the uses contemplated by these Terms, including any right-of-publicity clearance;
(e) you are solely responsible for evaluating, and you assume all risk regarding, whether your inputs, prompts, and AI-Generated Outputs infringe any third-party right or are lawful for your intended use; and
(f) Your Content and your use of the Service comply with all applicable laws, these Terms, the Acceptable Use Policy, and all applicable Third-Party AI Service terms.
5.8 No Obligation. Moodio has no obligation to host, store, or make available Your Content, and may remove, disable, or refuse any content at any time in its sole discretion, with or without notice.
5.9 Assumption of Risk; Neutral Tool. You acknowledge and agree that: (a) the Service is a general-purpose creative tool, and Moodio does not direct, control, select, or endorse the inputs you choose, the prompts you write, or the AI-Generated Outputs you create; (b) the legal status of AI-Generated Outputs — including their copyrightability and whether any given output may infringe a third-party right — is uncertain and evolving, and Moodio makes no representation or warranty about it; (c) AI systems can produce outputs that unintentionally resemble existing works or real persons; and (d) you knowingly and voluntarily assume all risk arising from your inputs and from your use, publication, distribution, or commercialization of AI-Generated Outputs. You are solely responsible for clearing rights and obtaining any opinion of counsel you deem necessary before using any output.
6.1 Third-Party Content. The Search Library contains screenshots, clips, and other visual content from commercially released films, television programs, commercials, and other productions ("Library Content"). All Library Content remains the property of its respective copyright holders. Moodio does not claim ownership of Library Content.
6.2 Limited License. Subject to these Terms, Moodio grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and view Library Content within the Service solely for the purposes of: (a) personal or internal business reference and inspiration; and (b) creating mood boards, lookbooks, and reference materials for pre-production, pitch, or creative planning purposes. Library Content is made available, in reduced-resolution form, in good faith for transformative reference, commentary, study, and inspiration. You may not use Library Content as an input to, or otherwise to prompt or direct, the AI generation tools, and Moodio does not authorize or encourage any such use. This license confers no ownership, and all rights not expressly granted are reserved by the respective copyright holders. You are solely responsible for ensuring that any use you make of Library Content is lawful and consistent with these Terms, and you assume all risk arising from your use of Library Content.
6.3 Restrictions on Library Content. You may not: (a) download, copy, reproduce, distribute, or publicly display Library Content outside the Service; (b) use Library Content in any final production, broadcast, publication, or commercial output; (c) remove or alter any copyright notices, watermarks, or metadata associated with Library Content; (d) use Library Content to create, develop, or improve any competing product or service; (e) use any automated means to access, scrape, or extract Library Content from the Service; (f) use Library Content in any manner that infringes, or that you know or reasonably should know would infringe, the rights of any copyright holder; or (g) use Library Content as a reference input to, or otherwise to prompt or direct, the AI generation features.
6.4 Copyright Claims. If you are a copyright holder and believe that Library Content infringes your rights, please follow the procedures in our DMCA/Copyright Policy (Section 9). Moodio honors valid rights-holder requests to remove or block Library Content and maintains a takedown and blocklist process for this purpose.
6.5 No Encouragement of Infringing Use; Neutral Tool. The Search Library is provided as a view-only reference resource. Moodio does not encourage, authorize, induce, or materially contribute to the use of Library Content to generate, reproduce, or create derivative works, and the AI generation tools are designed and intended for use only with content you own or are licensed to use. Any use of Library Content as a generation input is outside the scope of the license in Section 6.2, constitutes the user's own unauthorized act, and is undertaken solely at the user's risk.
7.1 How AI Generation Works. The Service uses artificial intelligence and machine learning models to generate new images and videos based on your inputs (prompts, reference images, reference videos). These models have been trained on datasets of images and videos, and generate outputs by producing new content that reflects patterns learned during training. Outputs are not copies of training data.
7.2 Copyright Status of AI-Generated Outputs. The copyright status of AI-generated content is an evolving area of law. Under current U.S. Copyright Office guidance, purely AI-generated works without sufficient human authorship may not be eligible for copyright registration. Works that involve meaningful human creative control over the AI generation process may qualify for copyright protection to the extent of the human contribution. Moodio makes no representations or warranties regarding the copyrightability of AI-Generated Outputs.
7.3 Content Labeling. AI-Generated Outputs may be labeled, watermarked, or tagged (including through invisible digital watermarking) to identify them as AI-generated content. You agree not to remove, alter, or circumvent any such labels, watermarks, or tags.
7.4 No Guarantee of Uniqueness. AI models may generate similar or identical outputs for different users who provide similar inputs. Moodio does not guarantee that AI-Generated Outputs will be unique.
7.5 Human Likeness in AI Outputs. If an AI-Generated Output identifies or resembles a real, identifiable person, you must: (a) publicly disclose that the output was generated using AI if you publish, distribute, or display it; (b) not use such output to create non-consensual deepfakes, impersonation, or misleading content; and (c) comply with all applicable right-of-publicity and privacy laws. You are solely responsible for obtaining any necessary consents or releases from depicted individuals.
7.6 Content Safeguards. The AI generation features are powered by Third-Party AI Services, which apply their own content, safety, and policy-enforcement measures to the inputs they receive and the outputs they produce. Moodio relies on those upstream measures and requires you to comply with the applicable providers' terms and acceptable-use policies (see Section 7.7). Moodio does not represent or warrant that any safeguard — whether applied by a Third-Party AI Service or by Moodio — will identify, detect, or prevent any particular infringing, unauthorized, or otherwise unwanted input or output, and Moodio assumes no obligation to monitor, screen, or filter content. Moodio nevertheless reserves the right, in its sole discretion and without liability, to screen, filter, block, refuse, modify, or remove any prompt, input, generation, or output, and to suspend or terminate access. You agree that you will not bypass, disable, defeat, or circumvent any safeguard or control applied by Moodio or by any Third-Party AI Service, and you acknowledge that using prompts, inputs, or techniques designed to cause the Service or any model to reproduce or closely imitate a third-party work or a real person's likeness is a material breach of these Terms.
7.7 Compliance with Third-Party AI Service Terms; Input Rights. The AI generation tools are powered by Third-Party AI Services. The terms and acceptable-use policies of those providers require that you hold all rights, licenses, and permissions necessary for any content you submit as an input, and prohibit submitting content you are not authorized to use. By using the generation tools, you agree to comply with the applicable Third-Party AI Service terms (made available or linked on the Service), which are incorporated by reference, and you specifically agree that you will not submit, transmit, or use as an input to the generation tools any content that you do not have the right to use under those providers' terms — including, without limitation, any Search Library content or any other third-party material you accessed, searched, viewed, or obtained through the Service. You acknowledge that submitting content you lack rights to may also void any protection or indemnity those providers would otherwise extend, and that any resulting liability is yours, not Moodio's. You are responsible for reviewing the applicable providers' current terms before submitting any input.
Your use of the Service is subject to our Acceptable Use Policy, which is incorporated into these Terms by reference. The Acceptable Use Policy prohibits, among other things, the creation or distribution of content that is illegal, harmful, infringing, deceptive, harassing, or that violates the rights of others. Without limiting the foregoing, you may not use the Service to:
(a) generate child sexual abuse material or any content that sexually exploits minors; (b) generate non-consensual intimate imagery or deepfakes of real individuals; (c) generate content intended to harass, threaten, defame, or intimidate any person; (d) generate content that infringes the intellectual property rights of any third party; (e) generate content for the purpose of spreading misinformation, disinformation, or fraud; (f) use the Service or any output to develop, train, or improve any competing AI product or service; (g) access the Service through automated means, bots, scrapers, or any method other than the interfaces provided by Moodio; (h) circumvent any credit, rate-limiting, or access control mechanisms; or (i) use the Service in any manner that violates applicable law or the terms of any Third-Party AI Service.
9.1 Designated Agent. Moodio respects the intellectual property rights of others. In accordance with the Digital Millennium Copyright Act ("DMCA"), 17 U.S.C. § 512, copyright owners may send notifications of claimed infringement to:
Copyright Agent Datapizza Inc. 651 N Broad St, Suite 201, Middletown, DE 19709 Email: support@moodio.art
9.2 Notice of Infringement. If you believe that content on the Service infringes your copyright, you may submit a written notification to our Copyright Agent containing: (a) identification of the copyrighted work claimed to be infringed; (b) identification of the material that is claimed to be infringing and its location on the Service; (c) your contact information; (d) a statement that you have a good faith belief that use of the material is not authorized; (e) a statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the copyright owner; and (f) your physical or electronic signature.
9.3 Counter-Notification. If you believe that your content was removed or disabled by mistake or misidentification, you may submit a counter-notification to our Copyright Agent containing the information required under 17 U.S.C. § 512(g)(3).
9.4 Repeat Infringer Policy. Moodio maintains and reasonably implements a policy to terminate, in appropriate circumstances, the accounts of users who are repeat infringers. A user who receives three (3) valid DMCA takedown notices within any twelve-month period will be considered a repeat infringer and may have their account terminated.
For full details, see our DMCA and Copyright Policy.
10.1 Moodio's IP. The Service, including its software, algorithms, AI models, user interface, design, logos, trademarks, and all content provided by Moodio (excluding User Content and Library Content), is owned by Datapizza Inc. or its licensors and is protected by copyright, trademark, patent, trade secret, and other intellectual property laws.
10.2 Feedback. If you provide Moodio with any feedback, suggestions, or ideas regarding the Service ("Feedback"), you grant Moodio a perpetual, irrevocable, worldwide, royalty-free license to use, modify, and incorporate such Feedback into the Service without restriction or compensation.
THE SERVICE, THE SEARCH LIBRARY, AND ALL AI-GENERATED OUTPUTS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. MOODIO DOES NOT WARRANT THAT: (A) THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE; (B) AI-GENERATED OUTPUTS WILL BE ACCURATE, COMPLETE, OR SUITABLE FOR ANY PARTICULAR PURPOSE; (C) AI-GENERATED OUTPUTS, USER UPLOADS, OR YOUR USE OF LIBRARY CONTENT WILL NOT INFRINGE THE INTELLECTUAL PROPERTY RIGHTS, PRIVACY RIGHTS, OR PUBLICITY RIGHTS OF ANY THIRD PARTY; (D) AI-GENERATED OUTPUTS WILL BE COPYRIGHTABLE OR PROTECTABLE UNDER INTELLECTUAL PROPERTY LAW; OR (E) THE SEARCH LIBRARY CONTENT WILL REMAIN AVAILABLE OR UNCHANGED. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICE AND ALL OUTPUTS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
12.1 Exclusion of Damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MOODIO, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR THIRD-PARTY AI SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE OR ANY AI-GENERATED OUTPUT, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
12.2 Liability Cap. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF MOODIO AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND THIRD-PARTY AI SERVICE PROVIDERS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNTS YOU HAVE PAID TO MOODIO IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED U.S. DOLLARS ($100.00). THIS CAP IS CUMULATIVE ACROSS ALL CLAIMS AND DOES NOT RESET. THE LIMITATIONS IN THIS SECTION 12 DO NOT LIMIT YOUR PAYMENT OR INDEMNIFICATION OBLIGATIONS UNDER THESE TERMS.
12.3 Basis of the Bargain. THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION 12 APPLY REGARDLESS OF WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, AND EVEN IF MOODIO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND MOODIO AND SURVIVE ANY TERMINATION OF THESE TERMS.
12.4 Time Limitation on Claims. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE MUST BE FILED (IN ARBITRATION OR, WHERE PERMITTED, IN COURT) WITHIN ONE (1) YEAR AFTER THE CLAIM ACCRUES; OTHERWISE, THE CLAIM IS PERMANENTLY BARRED.
13.1 Your Indemnification of Moodio. You agree to indemnify, defend, and hold harmless Datapizza Inc., its affiliates, officers, directors, employees, agents, licensors, and Third-Party AI Service providers (collectively, the "Indemnified Parties") from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, and expenses (including reasonable attorneys' fees and costs of defense) arising out of or related to: (a) your use of the Service; (b) Your Content and your User Uploads, including any claim that they infringe or violate the rights of any third party; (c) AI-Generated Outputs created at your direction, including any claims related to intellectual property infringement, right of publicity, defamation, or privacy; (d) your use of Library Content in violation of these Terms; (e) your breach of any representation, warranty, or covenant in these Terms (including Section 5.7); (f) your violation of these Terms, the Acceptable Use Policy, or any Third-Party AI Service terms; or (g) your violation of applicable law.
13.2 Procedure. Moodio will notify you of any claim subject to indemnification; Moodio's failure to give prompt notice will not relieve you of your obligations except to the extent you are materially prejudiced. Moodio may, at its option, control the defense and settlement of any such claim with counsel of its choosing, and you will reasonably cooperate and pay all defense costs and any settlement amounts as they are incurred. You may not settle any claim in a manner that imposes any obligation, payment, admission, or restriction on any Indemnified Party without Moodio's prior written consent.
13.3 No Indemnity From Moodio. Except as expressly and specifically set forth in a signed Enterprise Service Agreement, Moodio provides no indemnification of any kind to you or any user, and nothing in these Terms or any incorporated policy obligates Moodio to defend, indemnify, or hold you harmless for any claim, including any claim arising from your use of Library Content, User Uploads, or AI-Generated Outputs.
14.1 Governing Law. These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions, and, with respect to arbitrability, the Federal Arbitration Act.
14.2 Binding Arbitration. Any dispute, controversy, or claim arising out of or relating to these Terms or the Service shall be finally resolved by binding arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules and Supplementary Procedures for Consumer-Related Disputes. The arbitration shall be conducted in English and held in Wilmington, Delaware (or, at your election, your county of residence). The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
14.3 Jury Trial Waiver. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AND MOODIO EACH WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY PROCEEDING ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE.
14.4 Class Action Waiver. YOU AND MOODIO AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, COLLECTIVE, OR REPRESENTATIVE ACTION. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF REPRESENTATIVE OR CLASS PROCEEDING.
14.5 Mass/Batch Arbitration. If 25 or more similar demands for arbitration are submitted by or with the assistance or coordination of the same or coordinated counsel, the demands shall be administered in staged batches of no more than 50 at a time, and any applicable limitations period is tolled for demands awaiting their batch. This Section 14.5 is intended to provide an efficient, fair process and is severable from, and does not waive, the class action waiver in Section 14.4.
14.6 Arbitration Opt-Out. You may opt out of this Section 14 (Binding Arbitration, Jury Trial Waiver, and Class Action Waiver) by sending written notice to support@moodio.art within 30 days after you first accept these Terms, stating your name, account email, and intent to opt out. Opting out does not affect any other provision of these Terms.
14.7 Fees. Each party shall bear its own attorneys' fees and costs except as otherwise required by applicable law, the AAA rules, or an award of fees under these Terms (including Section 13).
14.8 Exceptions. Notwithstanding the foregoing, either party may bring an individual action in small claims court or seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement or misappropriation of intellectual property rights.
15.1 Entire Agreement. These Terms, together with the Privacy Policy, Acceptable Use Policy, DMCA/Copyright Policy, and any other policies incorporated by reference, constitute the entire agreement between you and Moodio regarding the Service.
15.2 Severability. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck (or limited to the minimum extent necessary) and the remaining provisions shall be enforced to the fullest extent under law.
15.3 Waiver. The failure of Moodio to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
15.4 Assignment. You may not assign or transfer these Terms or any rights hereunder without Moodio's prior written consent. Moodio may assign these Terms without restriction.
15.5 Force Majeure. Moodio shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, government actions, pandemics, power failures, internet disruptions, or third-party service outages.
15.6 Notices. Notices to Moodio must be sent to support@moodio.art. Notices to you will be sent to the email address associated with your account.
15.7 No Third-Party Beneficiaries. These Terms do not create any third-party beneficiary rights, except that Third-Party AI Service providers and Moodio's licensors are intended third-party beneficiaries of the provisions in these Terms that relate to the use of their services or content (including Sections 5.7, 11, 12, and 13) and may enforce those provisions.
If you have any questions about these Terms, please contact us at:
Datapizza Inc. 651 N Broad St, Suite 201, Middletown, DE 19709 Email: support@moodio.art Copyright/DMCA notices: support@moodio.art Website: https://moodio.art