Terms of Use
Effective: January 2025
1. Acceptance of Terms
By creating an account or accessing the Moat platform, you agree to be bound by these Terms of Use. You must be at least 18 years of age and possess the legal capacity to enter into this agreement. If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.
2. Description of Service
Moat provides an asset management, maintenance scheduling, and warranty tracking platform. The Service uses proprietary, patent-pending software and Large Language Models (LLMs) to provide features including but not limited to: automated warranty claims processing, predictive maintenance scheduling, asset lifecycle reporting and budgeting, and document processing and insights generation.
3. User Accounts
3.1 Registration
You must provide accurate, current, and complete information during the registration process and keep your account information up to date.
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 must report any unauthorized access immediately. The Company bears no liability for security failures resulting from user negligence.
3.3 User Types
The Service supports different user types with varying levels of access, including facilities managers, administrators, vendors, service providers, contractors, manufacturers, warranty providers, and distributors.
4. Payment Terms
4.1 Fees
Subscription fees are based on the number of managed assets and locations. Fees are billed monthly or annually in advance.
4.2 Payment Method
You must provide valid payment information and authorize the Company to charge the applicable fees.
4.3 Taxes
You are responsible for all applicable taxes associated with your use of the Service.
4.4 Refunds
Fees are generally non-refundable, except in the case of Company-initiated terminations, in which case prorated refunds will be issued.
4.5 Price Changes
The Company may adjust pricing with 30 days' email notice prior to the change taking effect.
5. Data Ownership and Usage
5.1 User Data
You retain all ownership rights to the data you input into the Service.
5.2 Data Usage
By using the Service, you grant the Company a license to use your data for: operating and improving the Service; LLM training using de-identified and aggregated data; creation of anonymized research datasets; and sharing with third-party integrations as authorized by you.
5.3 Data Security
The Company implements industry-standard security protections. However, absolute security cannot be guaranteed.
5.4 Data Retention
Data is retained for the duration of your active account. Upon termination, personally identifiable information (PII) may be deleted upon request. Aggregated and de-identified data may be retained indefinitely.
5.5 GDPR/CCPA Compliance
The Company commits to compliance with applicable privacy laws, including GDPR and CCPA. You may access, correct, or delete your personal data upon request.
6. LLM Disclaimers
6.1 Accuracy
The Company makes no guarantee regarding the accuracy, completeness, or reliability of outputs generated by the LLM components of the Service.
6.2 Bias
LLM outputs may reflect biases present in training data. While the Company takes steps to mitigate bias, it cannot guarantee bias-free outputs.
6.3 Hallucinations
LLMs may generate content that is factually incorrect. Independent verification of all LLM outputs is recommended.
6.4 No Professional Advice
The Service provides information only and does not constitute legal, financial, or technical advice. Users should consult qualified professionals for such guidance.
7. Intellectual Property
7.1 Our Intellectual Property
All software, algorithms, content, and other elements of the platform remain the exclusive property of the Company, protected by copyright, trademark, and patent law.
7.2 Limited License
The Company grants you a non-exclusive, non-transferable, revocable license to access and use the Service for its intended purposes.
7.3 Restrictions
You may not copy, modify, distribute, or reverse engineer any part of the Service. You may not attempt unauthorized access, violate these Terms or applicable law, or remove proprietary notices from the platform.
8. Third-Party Integrations
You are responsible for selecting and configuring third-party services that integrate with the platform. Third-party services are governed by their own terms and privacy policies. The Company shares data with third parties only as necessary and as authorized by you. You represent that you have the authority to authorize such data sharing.
9. Termination
9.1 Termination by You
You may cancel your account at any time through customer support or your account settings.
9.2 Termination by Us
The Company may terminate your account without notice for breach of these Terms, non-payment, or activity that is harmful to the Service or other users.
9.3 Effect of Termination
Upon termination, your access to the Service ceases immediately. If termination is initiated by the Company for a paid account, a prorated refund will be issued. Personally identifiable information will be deleted upon request.
10. Disclaimer of Warranties
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR VIRUS-FREE.
11. Limitation of Liability
IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE. OUR TOTAL LIABILITY SHALL NOT EXCEED THE GREATER OF (A) ONE HUNDRED DOLLARS ($100) OR (B) THE AMOUNT YOU PAID US FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
12. Indemnification
You agree to indemnify, defend, and hold harmless the Company and its officers, directors, employees, and agents from any claims, damages, losses, or expenses arising from: your use of the Service; your violation of these Terms; your infringement of any third-party rights; your use of third-party integrations; or content you submit through the Service.
13. Governing Law and Dispute Resolution
13.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions.
13.2 Dispute Resolution
Any disputes arising under these Terms shall be resolved through binding arbitration administered by the American Arbitration Association in the State of Delaware. The arbitrator's award shall be final and enforceable in any court of competent jurisdiction.
14. Changes to Terms
The Company reserves the right to modify these Terms at any time. Changes will be posted on this page and communicated via email notification. Your continued use of the Service after changes are posted constitutes your acceptance of the revised Terms.
15. Entire Agreement
These Terms constitute the entire agreement between you and the Company regarding the use of the Service, and supersede all prior communications, agreements, and understandings.
16. Severability
If any provision of these Terms is found to be invalid or unenforceable, that provision shall be struck and the remaining provisions shall remain in full force and effect.
17. Waiver
The failure of the Company to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
18. Contact Us
If you have questions about these Terms, please contact us at info@moat.app.
Moat, Inc.