Terms of Service

Terms of Service: Mōksana Platform and API Usage Agreement

By accessing or using Mōksana machine learning platform, API services, or related products ("Services"), you agree to be bound by these Terms of Service ("Terms"). If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms.

Important Notice: These Terms constitute a legally binding agreement between you and Mōksana. Please read them carefully before using our Services.

Agreement Scope:

• Individual developers using our platform

• Enterprise clients and organizations

• Startups and emerging businesses

• Academic and research institutions

• Government entities (subject to additional compliance requirements)

ML/AI Platform Access

Mōksana provides cloud-based machine learning and artificial intelligence platform services, including:

• Model Training and Deployment: Access to ML model development, training, and deployment infrastructure

• Data Processing Tools: Advanced analytics, data transformation, and preprocessing capabilities

• Visualization and Reporting: Interactive dashboards and automated reporting features

• Collaboration Features: Team workspaces, project sharing, and version control

API Services

Our API services enable programmatic access to:

• Machine Learning Models: Pre-trained and custom model inference endpoints

• Data Analytics APIs: Statistical analysis, pattern recognition, and predictive analytics

• Integration Endpoints: Third-party system connectivity and data synchronization

• Management APIs: Account administration, usage monitoring, and billing integration

Service Levels:

• Free Tier: Limited usage for evaluation and development

• Professional Plans: Enhanced features and increased usage limits

• Enterprise Solutions: Custom deployments, dedicated support, and SLA guarantees

Account Requirements

Individual Users:

• Valid email address and contact information

• Verification of identity for certain service tiers

• Compliance with age requirements (18+ or legal guardian consent)

Enterprise and Organizational Users:

• Authorized representative registration

• Business verification documentation

• Designated administrator and billing contact information

Account Security

Users are responsible for:

• Maintaining confidentiality of login credentials

• Implementing appropriate access controls for team accounts

• Promptly reporting suspected security breaches

• Regular review and update of account information

Security Best Practice: Enable multi-factor authentication and use strong, unique passwords for your Mōksana account.

Permitted Uses

• Legitimate business, research, and educational purposes

• Development and deployment of lawful applications

• Integration with authorized third-party systems

• Compliance with all applicable laws and regulations

Prohibited Activities

Technical Restrictions:

• Attempting to reverse engineer, decompile, or extract proprietary algorithms

• Circumventing usage limits, security measures, or access controls

• Interfering with service availability or performance for other users

• Unauthorized access to other users' data or accounts

Content and Data Restrictions:

• Processing illegal, harmful, or infringing content

• Violating privacy rights or data protection laws

• Generating misleading, fraudulent, or deceptive outputs

• Training models on copyrighted material without proper authorization

Commercial Restrictions:

• Reselling or redistributing Services without written permission

• Creating competing services using our infrastructure

• Violating export control laws or sanctions regulations

Mōksana Rights

Mōksana retains all rights, title, and interest in:

• Platform software, algorithms, and proprietary technologies

• Pre-trained models, datasets, and analytical frameworks

• Documentation, APIs, and user interfaces

• Trademarks, service marks, and brand elements

User Rights and Licenses

License Grant to Users: Subject to these Terms, Mōksana grants you a limited, non-exclusive, non-transferable license to access and use the Services for your authorized purposes.

User-Generated Content:

• You retain ownership of data and content you upload or create

• You grant Mōksana necessary rights to process and analyze your data for service provision

• Custom models trained on your data remain your intellectual property

• Mōksana may use aggregated, anonymized insights for service improvement

Third-Party Integrations

When using third-party integrations:

• Separate terms and licenses may apply

• Users are responsible for compliance with third-party requirements

• Mōksana is not liable for third-party service availability or performance

Data Processing Agreement

For enterprise clients and organizations processing personal data, a separate Data Processing Agreement (DPA) governs:

• Roles and responsibilities as data controller/processor

• Technical and organizational security measures

• International data transfer safeguards

• Incident response and breach notification procedures

Privacy Compliance

Our data processing practices are governed by our Privacy Policy, which addresses:

• Types of data collected and processed

• Lawful bases for processing activities

• User rights and data subject requests

• Cross-border data transfer mechanisms

GDPR and CCPA Compliance: Mōksana maintains compliance with major privacy regulations and provides tools for users to meet their own compliance obligations.

Pricing and Fees

• Usage-Based Billing: Charges based on API calls, compute resources, and storage consumption

• Subscription Plans: Monthly or annual billing for platform access tiers

• Enterprise Pricing: Custom pricing for high-volume and specialized deployments

Payment Processing

• Automatic billing for subscription services

• Credit card, ACH, and invoice payment options

• Late payment fees and service suspension policies

Refunds and Disputes

• No refunds for usage-based charges

• Billing dispute resolution process through customer support

Service Level Commitments

Platform Availability:

• 99.9% uptime SLA for paid plans (99.5% for free tier)

• Scheduled maintenance windows with advance notice

• Real-time status monitoring and incident communication

API Performance:

• Response time targets based on service tier

• Rate limiting and throttling policies

• Automatic scaling and load balancing

Limitation of Liability

Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Limitation of Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MŌKSANA'S TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATED TO THE SERVICES SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE SERVICES DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

Excluded Damages: Mōksana shall not be liable for indirect, incidental, special, consequential, or punitive damages, including but not limited to:

• Loss of profits, revenue, or business opportunities

• Data loss or corruption (beyond our backup and recovery efforts)

• Third-party claims or regulatory penalties

• Business interruption or system downtime

Indemnification

Users agree to indemnify and hold Mōksana harmless from claims arising from:

• Violation of these Terms or applicable laws

• Infringement of third-party intellectual property rights

• Misuse of the Services or unauthorized access

• Data processing activities conducted by the user

Termination Rights

By User:

• Cancel subscription services with appropriate notice

• Delete account and data through self-service tools

• Immediate termination for convenience (subject to payment obligations)

By Mōksana:

• Immediate termination for material breach of Terms

• Suspension for non-payment or policy violations

• Service discontinuation with reasonable advance notice

Effect of Termination

Upon termination:

• Access to Services will be discontinued

• User data will be retained according to our data retention policy

• Outstanding payment obligations remain due

• Survival of applicable Terms provisions (intellectual property, limitation of liability)

Export Regulations

Users acknowledge that the Services may be subject to export control laws and regulations, including:

• U.S. Export Administration Regulations (EAR)

• International Traffic in Arms Regulations (ITAR)

• Economic sanctions and trade restrictions

User Compliance Obligations

Users represent and warrant that they will:

• Comply with all applicable export control laws

• Not access Services from restricted countries or regions

• Obtain necessary licenses for controlled technology transfers

• Notify Mōksana of any compliance concerns or violations

Industry-Specific Regulations

For users in regulated industries:

• Additional compliance requirements may apply

• Specialized deployment options available for healthcare, financial services, and government sectors

• Consultation services for regulatory compliance available

Governing Law

These Terms are governed by the laws of [Jurisdiction], without regard to conflict of law principles.

Dispute Resolution

Informal Resolution: Parties agree to attempt good faith resolution of disputes through direct negotiation before pursuing formal proceedings.

Binding Arbitration: Any unresolved disputes shall be settled through binding arbitration in accordance with the rules of [Arbitration Organization], except for:

• Intellectual property disputes

• Claims for injunctive relief

• Small claims court matters

Class Action Waiver

Users agree to resolve disputes individually and waive rights to participate in class action lawsuits or collective proceedings.

Contact Information:

• Legal Inquiries: legal@moksana.com

• Terms Questions: terms@moksana.com

• General Support: support@moksana.com

Updates and Modifications: Mōksana reserves the right to modify these Terms with reasonable notice. Continued use of Services after modifications constitutes acceptance of updated Terms.

Severability: If any provision of these Terms is found unenforceable, the remaining provisions shall remain in full force and effect.