Terms of Service

Last Updated: December 22, 2025

Welcome to AICX™. These Terms of Service ("Terms") govern your access to and use of our AI-powered customer experience platform, including our website, applications, and related services (collectively, the "Services"), operated by Moonfish Properties LLC.

By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not use our Services.

Important: These Terms contain an arbitration clause and class action waiver. Please review Section 13 carefully.

1. Account Registration and Eligibility

Eligibility

You must be at least 18 years old and have the legal capacity to enter into binding contracts to use our Services. By registering for an account, you represent and warrant that you meet these requirements.

Account Security

  • You are responsible for maintaining the confidentiality of your account credentials
  • You must notify us immediately of any unauthorized access or security breaches
  • You are responsible for all activities that occur under your account
  • You may not share your account credentials with others or allow others to access your account

Accurate Information

You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete.

2. License and Acceptable Use

Grant of License

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use our Services for your internal business purposes.

You May NOT:

Resell or redistribute the Services
Reverse engineer or decompile the platform
Use automated tools to access the Services
Interfere with platform security or functionality
Violate any applicable laws or regulations
Transmit malware or harmful code
Harass, abuse, or harm other users
Infringe on intellectual property rights

3. Subscription Plans and Payment

Subscription Fees

Access to certain features requires a paid subscription. Current pricing is available on our website and may change upon notice.

  • Fees are billed in advance on a recurring basis (monthly or annually)
  • All fees are non-refundable except as required by law
  • You authorize us to charge your payment method for all applicable fees
  • Failed payments may result in service suspension or termination

Automatic Renewal

Your subscription will automatically renew at the end of each billing period unless you cancel before the renewal date. You can cancel your subscription at any time through your account settings.

Price Changes

We may modify our pricing with at least 30 days' advance notice. Continued use of the Services after a price change constitutes your acceptance of the new pricing.

4. Intellectual Property and Data Ownership

Our Intellectual Property

All rights, title, and interest in and to the Services, including all software, technology, content, trademarks, and intellectual property rights, are and will remain the exclusive property of Moonfish Properties LLC and our licensors.

Your Data

You retain all rights to the customer data, content, and information you submit to the Services ("Customer Data"). You grant us a limited license to use, process, and analyze Customer Data solely to provide and improve the Services.

We will not share your Customer Data with third parties except as necessary to provide the Services or as required by law.

Feedback and Suggestions

If you provide us with feedback, suggestions, or ideas about the Services, we may use such feedback without any obligation to you, including incorporating it into our Services.

5. Service Availability and Modifications

Service Level

We strive to maintain high availability of our Services, but we do not guarantee uninterrupted access. The Services may be unavailable due to:

  • Scheduled maintenance (announced in advance when possible)
  • Emergency repairs or security updates
  • Third-party service disruptions
  • Force majeure events beyond our reasonable control

Modifications

We reserve the right to modify, suspend, or discontinue any part of the Services at any time, with or without notice. We will not be liable for any modification, suspension, or discontinuation of the Services.

6. Termination and Suspension

Your Right to Terminate

You may terminate your account at any time through your account settings or by contacting support. Termination will take effect at the end of your current billing period.

Our Right to Terminate

We may suspend or terminate your access immediately if you violate these Terms, engage in fraudulent activity, or fail to pay applicable fees.

Upon Termination: Your access will cease, and we may delete your data after a retention period. You remain responsible for fees incurred before termination.

7. Warranties and Disclaimers

Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

  • Warranties of merchantability, fitness for a particular purpose, or non-infringement
  • Warranties regarding accuracy, reliability, or availability of the Services
  • Warranties that the Services will be error-free, secure, or uninterrupted
  • Warranties regarding results obtained from using the Services

AI Technology Disclaimer

Our Services utilize artificial intelligence and machine learning technologies. While we strive for accuracy, AI-generated insights, recommendations, and outputs may contain errors or inaccuracies. You are responsible for reviewing and verifying all AI-generated content before relying on it for business decisions.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL MOONFISH PROPERTIES LLC, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR:

Any indirect, incidental, special, consequential, or punitive damages
Loss of profits, revenue, data, use, goodwill, or other intangible losses
Damages resulting from unauthorized access to or use of our servers
Any bugs, viruses, or harmful code transmitted through the Services
Errors, inaccuracies, or omissions in any content or information

LIABILITY CAP: Our total liability arising out of or related to these Terms or the Services shall not exceed the amount you paid us in the twelve (12) months preceding the event giving rise to liability, or $100 USD, whichever is greater.

9. Indemnification

You agree to indemnify, defend, and hold harmless Moonfish Properties LLC and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or related to:

  • Your use or misuse of the Services
  • Your violation of these Terms or applicable laws
  • Your Customer Data or any content you submit
  • Your violation of any rights of third parties
  • Your negligence or willful misconduct

10. Third-Party Services and Integrations

Our Services may integrate with or contain links to third-party services, applications, or websites. We are not responsible for:

The availability or content of third-party services
Privacy practices of third parties
Terms and conditions of third-party services
Any damages resulting from third-party services

Your use of third-party services is at your own risk and subject to their respective terms and conditions.

11. Governing Law and Jurisdiction

These Terms and any disputes arising out of or related to these Terms or the Services shall be governed by and construed in accordance with the laws of the jurisdiction in which Moonfish Properties LLC is incorporated, without regard to its conflict of law provisions.

Subject to the arbitration provision below, you agree to submit to the personal and exclusive jurisdiction of the courts located within that jurisdiction.

12. Dispute Resolution and Informal Negotiations

Before filing a claim, you agree to try to resolve the dispute informally by contacting us at [email protected]. We will attempt to resolve the dispute informally by contacting you via email.

If a dispute is not resolved within 60 days of submission, you or Moonfish Properties LLC may bring a formal proceeding.

13. Binding Arbitration and Class Action Waiver

IMPORTANT - PLEASE READ CAREFULLY

Binding Arbitration: Except for disputes that qualify for small claims court, all disputes arising out of or relating to these Terms or the Services shall be resolved through binding arbitration rather than in court.

Arbitration is more informal than a lawsuit in court and uses a neutral arbitrator instead of a judge or jury. Arbitration is subject to very limited review by courts.

Arbitration Rules: The arbitration will be administered by a recognized arbitration organization under its applicable rules. You and Moonfish Properties LLC will each pay our own costs and fees, except as otherwise provided by law.

CLASS ACTION WAIVER

YOU AND MOONFISH PROPERTIES LLC 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 OR REPRESENTATIVE PROCEEDING.

Unless both you and Moonfish Properties LLC agree otherwise, the arbitrator may not consolidate more than one person's claims and may not preside over any form of a representative or class proceeding.

14. General Provisions

Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Moonfish Properties LLC regarding the Services.

Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

Waiver

No waiver of any term shall be deemed a further or continuing waiver of such term or any other term.

Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction.

Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control.

Export Compliance

You agree to comply with all applicable export and import control laws and regulations in your use of the Services.

15. Changes to These Terms

We may modify these Terms at any time by posting revised Terms on our website. Material changes will be notified to you via email or through the Services.

Your continued use of the Services after the effective date of revised Terms constitutes your acceptance of the changes. If you do not agree to the modified Terms, you must stop using the Services.

Questions About These Terms?

If you have any questions, concerns, or need clarification regarding these Terms of Service, please don't hesitate to contact us.

Legal Contact Information:

By using AICX™, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.