Terms of Service

1. Definitions

• Platform — the Mochlion web application, API and MCP server, and the documentation for them.
• Account — your organization’s account on the Platform. One person’s login may belong to several Accounts.
• Authorized User — anyone you allow to use your Account: your staff, your client’s sponsor, and anyone else you invite.
• Participant (or expert) — a subject-matter expert you invite to answer questions on a Project, with or without a login. A Participant may be a person or an AI agent that you operate (Section 3.6).
• Credit — a prepaid right to create one Project.
• Add-on — a paid step that lets a very large Project keep going until it is finished (Section 4.11).
• Project — the workspace created by using one Credit, covering one Application.
• Application — one software system: one owner, one database, deployed as one system. A web version and a mobile version of the same system are one Application. Two systems deployed separately are two Applications.
• Build Specification — the requirements document and AI build package the Platform generates for a Project.
• Customer Content — everything you, your Authorized Users and your Participants put into the Platform: text, answers, uploaded documents, database schema metadata and decisions.
• Handoff — the moment the builder named on a Project acknowledges receipt of the Build Specification, or 5 days after it is delivered to them, whichever comes first.

2. What Mochlion is — and what it isn’t

2.1 What we provide. The Platform helps you gather business knowledge from the people who have it, find gaps and contradictions, and produce a Build Specification for one Application per Credit.

2.2 What we don’t do. We do not write, test, deploy, host, operate, maintain or support any Application. We do not facilitate your requirements sessions, interview your people, or perform any work inside your Project. We are a software provider, not a consultant, analyst, engineer or practitioner.

2.3 You are the professional of record. The Account holder — or the practitioner running the Project — is responsible for the Project, the decisions recorded in it, the Build Specification, and everything built from it. The Platform is a tool you use; it does not replace your professional judgment.

2.4 No professional advice. Nothing on the Platform is legal, financial, security, compliance, engineering or other professional advice.

2.5 AI output. The Platform uses artificial intelligence. AI output can be incomplete, wrong or inconsistent, even when it sounds confident. Every requirement in a Build Specification must be reviewed and approved by your people before it’s relied on. The Platform requires those approvals before a Project can be marked Build Ready; approving an item means you accept responsibility for it.

2.6 Sales conversations are not services. Conversations with us about pricing, programs or fit are sales discussions. They create no service obligation and no advisory relationship.

3. Accounts, users and experts

3.1 You must give accurate information and keep it current.

3.2 You are responsible for everything that happens in your Account, including the conduct of your Authorized Users and Participants, and for keeping logins and access links confidential. Tell us promptly at [email protected] if you suspect unauthorized access.

3.3 Choosing your Participants is your decision. The quality of a Build Specification depends on who answers. We recommend senior decision-makers who are open to every option, including changing roles or redeploying staff. We have no responsibility for who you invite or what they say.

3.4 Participants may be asked to accept short participant terms before they answer. You are responsible for having any permissions you need to invite them and to share their answers.

3.5 Experts per Project. There is no limit on the number of Participants on a Project, and all of them are included in the Credit.

3.6 AI experts. A Participant may be a person or an AI agent that you operate and connect to the Platform. You are responsible for any AI agent you connect, for everything it submits, and for complying with its provider’s terms. An AI agent can answer questions. Only people can make decisions, approve items and sign off a Build Specification.

4. Credits, pricing and payment

4.1 Price. A Credit costs the price shown at checkout, unless you have a signed program agreement with a different price. The price shown at checkout when you pay is the price that applies. Add-ons cost the price shown at checkout. Prices do not include taxes.

4.2 Prepaid only. Credits and Add-ons are issued only after payment has been received and has settled. We never extend credit, and there is no overdraft. With no Credits left, you can’t create a new Project; Projects already under way continue.

4.3 One Credit, one Application. Creating a Project uses one Credit. A Credit can’t be split, reused, transferred to another Account, or exchanged for cash (except as a refund under Section 5). Once a Project’s scope is approved, the Application’s name and purpose are locked. A change that adds a separately deployed system, or turns the Project into a different Application, requires a new Credit. There is no copy- or clone-project feature, and you agree not to work around this rule — for example, by describing two Applications as one.

4.4 Credits don’t expire. Unused Credits and Projects never expire while your Account is in good standing.

4.5 Included changes. For 90 days after Handoff (when the builder acknowledges receipt of the Build Specification, or 5 days after it is delivered to them, whichever comes first), changes you approve are included: each approved change produces a new version of the Build Specification with an impact report showing what the change affects. After those 90 days, a major revision requires a new Credit.

4.6 Trial and internal Credits. We may, at our sole discretion, issue free trial Credits. They work like paid Credits, have no cash value, and are never refundable.

4.7 Taxes. You pay all sales, use, value-added and similar taxes on your purchases, other than taxes on our income. If we are required to collect tax, we’ll add it at checkout or on the invoice.

4.8 Payment processing. Card and bank payments are processed by Stripe under its terms. We never receive your full card or bank account number.

4.9 Chargebacks. If you dispute a payment with your bank instead of asking us for a refund, we may suspend your Account while the dispute is open. If the dispute is decided in your favor, the related Credit is cancelled; if the Credit was already used, the Project is closed as read-only.

4.10 Reselling to your clients. How a practitioner prices or bills its own client is between them. You may charge your client any amount, including a markup on the Credit. We are not a party to that arrangement and have no obligation to your client.

4.11 Very large Projects. The price of a Credit is meant to cover most Projects. A very large Project may need more work to finish. When it does, and before work on it would pause, the Project Owner is offered three choices: buy an Add-on to keep going, split the remaining work into separate Projects (each using a new Credit), or finish the Project with what it has, at no charge. An Add-on can be bought as many times as the Project needs. Nothing is charged unless the Project Owner chooses it.

5. Refunds

5.1 A paid Credit is fully refundable only if it hasn’t been used: you ask within 90 days of purchase and no Project has been created with it.

5.2 Once a Project has been started with a Credit, that Credit is non-refundable, whatever stage the Project is at. A Credit is also non-refundable more than 90 days after purchase.

5.3 Add-ons are non-refundable once purchased.

5.4 Trial and internal Credits are never refundable. Prepaid program purchases follow the program agreement if it says something different.

5.5 Discretionary refunds. Outside these rules, Mochlion may, at its sole discretion, offer a full or partial refund. A discretionary refund is a one-time courtesy and doesn’t change this policy or create a right to future refunds. If a used Credit is refunded in full, its Project is closed as read-only; a partial refund leaves the Credit and its Project as they are.

5.6 To ask for a refund, email [email protected] with your Account and Project name. Approved refunds go back to the original payment method. See also our Refund Policy.

6. Your content and your specifications

6.1 You own your Customer Content and your Build Specifications. Between you and us, you own them and everything in them.

6.2 License to us. You give us a non-exclusive, worldwide license to host, copy, process, transmit and display Customer Content only as needed to provide, secure and support the Platform, and as required by law.

6.3 Your rights to share. You confirm you have every right and permission needed to put Customer Content into the Platform and to let us process it under these Terms and our Privacy Policy.

6.4 Data you must not upload. The Platform is not built for regulated data. Unless we have agreed otherwise in a signed writing, you must not upload:

• protected health information (PHI) or other health records;
• payment card numbers or bank account numbers;
• Social Security numbers, government ID numbers or similar identifiers;
• passwords, keys, connection strings or other credentials;
• data about children under 13;
• information subject to export controls.

Schema import reads database structure only, never the data in it. We don’t store connection strings.

6.5 Aggregated, de-identified data. We may create and use statistical and structural data derived from use of the Platform that does not identify you, your client, any person, or any Project — for example, how many questions a typical Project needs, or how often a type of contradiction appears. We never share or publish Customer Content itself.

6.6 No training. We do not use Customer Content to train AI models, and our AI providers are contractually barred from doing so.

6.7 Voice. If a Participant uses the microphone, the audio is sent to a speech-to-text provider, converted to text, and discarded. We never store the audio. Only the text the Participant submits is kept.

7. Our platform and intellectual property

7.1 We and our licensors own the Platform and everything in it other than Customer Content — including its software, design, methods, prompts, templates and documentation. These Terms give you a limited, non-exclusive, non-transferable right to use the Platform while you have an Account with us, for your internal business purposes and your clients’ Projects. All rights not expressly granted are reserved.

7.2 Feedback. If you send us suggestions, we may use them without obligation to you.

7.3 Names and marks. “Mochlion” and our logos are our trademarks. You may say you used Mochlion; you may not suggest we endorse you.

8. Acceptable use

You will not, and will not let anyone else:

1. copy, modify, or create derivative works of the Platform;
2. reverse engineer, decompile, or try to discover the Platform’s source code, methods or prompts, including by systematically querying it or its AI features;
3. scrape, crawl, or use automated means to access the Platform other than through our published API and MCP server with a valid token;
4. use the Platform, or information obtained from it, to build or train a competing product;
5. resell, sublicense or provide access to the Platform itself, other than to your Authorized Users and Participants (reselling the Build Specification you produce is fine);
6. test the Platform’s security, or probe, scan or load-test it, without our written permission;
7. get around usage limits, the one-Credit-one-Application rule, or any security control;
8. share login credentials or access tokens outside your Account;
9. upload malware, or content that is unlawful, infringing, or that you have no right to share;
10. use the Platform in violation of law, including export-control and sanctions laws.

We may suspend access immediately to stop a violation.

9. Confidentiality

9.1 Each party will protect the other’s non-public information that is marked confidential or that a reasonable person would understand to be confidential, using at least reasonable care, and use it only to perform under these Terms. Customer Content is your confidential information. The Platform’s non-public features, pricing terms and documentation are ours.

9.2 This doesn’t apply to information that is public through no fault of the receiver, that the receiver already had or develops independently, or that a third party lawfully provides. A party may disclose confidential information when required by law, after giving notice where allowed.

10. Security, service providers and availability

10.1 We use reasonable administrative, technical and physical safeguards. Our staff can manage Accounts and Credits but do not browse Project content.

10.2 We use service providers to run the Platform — hosting, email delivery, payments, and AI and speech-to-text providers — listed in our Privacy Policy. We choose AI providers based in the United States or allied nations only.

10.3 No uptime commitment. We try to keep the Platform available but don’t guarantee it will be uninterrupted or error-free. We may perform maintenance and change features, provided we don’t materially reduce the core function of a Credit you’ve already bought.

10.4 Support. Product support is by email to [email protected], with a target reply within one business day. Support covers how the Platform works. It never includes work inside your Project.

11. Data retention, export and deletion

11.1 Customer Content is kept for the life of your Account. You can export your Projects at any time.

11.2 If you ask in writing to delete your Account or a Project, we’ll delete the Customer Content within 30 days, except for (a) billing and tax records we must keep by law, and (b) copies in backups, which are overwritten on their normal cycle (currently 30 days).

11.3 Suspension never deletes anything.

12. Suspension and termination

12.1 By us. We may suspend or terminate your Account (a) if you breach these Terms, (b) for a chargeback or payment dispute, (c) if required by law, or (d) if your use creates a security risk or legal exposure for us or others. Where practical, we’ll give notice first. Suspension blocks logins, new Projects, and API and MCP tokens. Reinstatement restores everything as it was.

12.2 By you. You may close your Account at any time by emailing us.

12.3 Effect. On termination, you may export your Customer Content for 30 days, after which we may delete it under Section 11. Unused Credits are forfeited on termination for your breach. If we terminate for our convenience, we’ll refund unused paid Credits.

12.4 Sections 4.7, 6.1, 6.5, 7, 9, 13–16 and anything else that by its nature should survive, will survive termination.

13. Disclaimer of warranties

The Platform, Build Specifications and all output are provided “as is” and “as available.” To the fullest extent the law allows, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, title, non-infringement and accuracy. We don’t warrant that a Build Specification is complete or correct, that it will produce a working or compliant Application, or that the Platform will be uninterrupted or error-free.

14. Limitation of liability

14.1 No indirect damages. To the fullest extent the law allows, neither party is liable for lost profits, lost revenue, lost data, business interruption, cost of substitute services, or any indirect, incidental, special, consequential, exemplary or punitive damages, even if told they were possible.

14.2 Cap. To the fullest extent the law allows, our total liability for all claims relating to these Terms or the Platform is limited to the amount you actually paid us for the Credit used by the Project the claim relates to. If the claim doesn’t relate to a Project, the limit is $100.

Trial and internal Credits count as $0 paid.

14.3 What’s outside the cap. The cap in 14.2 does not limit your obligation to pay for Credits, your indemnity under Section 15, or your liability for breaching Section 8.

14.4 These limits apply to every legal theory — contract, tort (including negligence), strict liability or otherwise — and are an essential part of the price.

15. Your indemnity

You will defend Mochlion, its members and its contractors against any third-party claim, and pay any resulting damages, costs and reasonable attorneys’ fees, arising from:

• (a) any Application designed, built, deployed or operated using a Build Specification;
• (b) Customer Content, including a claim that you had no right to share it;
• (c) any agreement or dispute between you and your client, or between you and your Participants;
• (d) your breach of these Terms or of law.

We’ll give you prompt notice of the claim and reasonable cooperation. You may not settle a claim that admits fault by us or imposes an obligation on us without our written consent.

16. Disputes

16.1 Governing law. South Carolina law governs these Terms, without regard to conflict-of-law rules.

16.2 Informal resolution first. Before filing any claim, the party raising it must email the other a description and try in good faith to resolve it for 30 days.

16.3 Venue. Any lawsuit must be brought only in the state or federal courts located in Charleston County, South Carolina, and both parties consent to their jurisdiction.

16.4 Jury and class waiver. Each party waives trial by jury. Claims may be brought only individually, not as a plaintiff or class member in any class, consolidated or representative action.

16.5 Time limit. Any claim against us must be filed within one year after it arises, or it is permanently barred.

17. General

17.1 Changes to these Terms. We may update these Terms. We’ll post the new version with its date and email Account owners about material changes at least 30 days before they take effect. If you keep using the Platform after that, the new Terms apply. Changes never reduce the refund rights or remove Credits you already bought.

17.2 Program agreements. If you have a signed program or Enterprise agreement with us, it controls where it conflicts with these Terms.

17.3 Assignment. You may not assign these Terms without our written consent. We may assign them in a merger, acquisition or sale of substantially all of our assets.

17.4 Independent parties. No partnership, joint venture, employment or agency is created.

17.5 Force majeure. Neither party is liable for delays caused by events beyond its reasonable control, including outages of hosting, AI or payment providers. This doesn’t excuse payment.

17.6 Notices. Notices to us go to [email protected], with legal notices also by mail to Mochlion, 6650 Rivers Ave., STE 100, Charleston, SC 29406. Notices to you go to the Account owner’s email.

17.7 Export and sanctions. You confirm you are not in a sanctioned country or on a U.S. restricted-party list, and won’t let anyone who is use the Platform.

17.8 Entire agreement. These Terms, the Privacy Policy, the Refund Policy and any signed program agreement are the entire agreement on this subject. If a provision is unenforceable, it’s limited to the minimum extent needed and the rest stays in effect. A failure to enforce is not a waiver.

Contact

Mochlion, 6650 Rivers Ave., STE 100, Charleston, SC 29406

[email protected]