Last Updated: March 24, 2026 Effective Date: March 24, 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, 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.
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 video clips (typically under 10 seconds) for reference and inspiration purposes. 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 non-commercial reference and inspiration purposes within the Service.
(b) AI-Powered Generation Platform. Tools that enable users to generate new images and videos ("AI-Generated Outputs") using artificial intelligence, including by using Search Library content or user-uploaded content as reference inputs. The generation features are powered by a combination of Moodio's proprietary technology and third-party AI services. 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 of those providers, which are incorporated into these Terms by reference. 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.
5.7 Representations and Warranties. You represent and warrant that: (a) you own or have obtained all necessary rights, licenses, consents, and permissions to submit Your Content and to grant the licenses in this Section 5; (b) Your Content does not infringe, violate, or misappropriate any third-party right, including intellectual property rights, privacy rights, or publicity rights; (c) if Your Content depicts identifiable individuals, you have obtained their consent for the uses described herein; and (d) Your Content complies with all applicable laws and these Terms.
5.8 No Obligation. Moodio has no obligation to host, store, or make available Your Content, and may remove any content at any time in its sole discretion.
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, revocable license to access and view Library Content solely for the purposes of: (a) personal or internal business reference and inspiration; (b) creating mood boards, lookbooks, and reference materials for pre-production, pitch, or creative planning purposes; and (c) as reference inputs for AI generation features within the Service.
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; or (e) use any automated means to access, scrape, or extract Library Content from the Service.
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).
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.
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, we have designated an agent to receive notifications of claimed infringement:
DMCA Agent: Yili Han (on behalf of Datapizza Inc.) Email: yiliesmehan@gmail.com
9.2 Notice of Infringement. If you believe that content on the Service infringes your copyright, you may submit a written notification to our DMCA 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 DMCA Agent containing the information required under 17 U.S.C. § 512(g)(3).
9.4 Repeat Infringer Policy. Moodio maintains 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 IS 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 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.
12.1 Exclusion of Damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MOODIO, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, 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, REGARDLESS OF THE THEORY OF LIABILITY.
12.2 Liability Cap. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MOODIO'S TOTAL AGGREGATE LIABILITY 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 CLAIM; OR (B) ONE HUNDRED U.S. DOLLARS ($100.00).
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.
You agree to indemnify, defend, and hold harmless Datapizza Inc., its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Service; (b) Your Content, including any claim that Your Content infringes or violates 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 violations, defamation, or privacy violations; (d) your violation of these Terms; or (e) your violation of applicable law.
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.
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 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, 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.
14.4 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 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 are intended third-party beneficiaries of the provisions in these Terms that relate to the use of their services.
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 Website: https://moodio.art