Terms of Service

1. Definitions

"Account" means the unique account you create to access the Service.

"Credits" means the unit of usage currency allocated to your Account under your Subscription Plan that entitles you to use certain features of the Service, including AI-powered design generation.

"Subscription Plan" means the tier of service you have selected, which determines your monthly Credit allocation, available features, and pricing.

"User Content" means any images, text, prompts, brand assets, logos, design files, or other materials that you upload to, create within, or submit through the Service.

"Generated Content" means any designs, prototypes, code, images, or other outputs created by the Service's AI features in response to your inputs and User Content.

"AI Providers" means the third-party foundation model providers (such as Anthropic, Google, and others) whose AI models power the Service's generation features.

2. Eligibility and Accounts

You must be at least 18 years of age to use the Service. By creating an Account, you represent that you have the legal capacity to enter into these Terms. You are responsible for maintaining the confidentiality of your Account credentials and for all activity that occurs under your Account. You must notify us immediately of any unauthorized use.

3. Access to the Service

3.1 License Grant. Subject to these Terms, we grant you a non-transferable, non-exclusive, revocable, limited license to access and use the Service for your internal business or personal purposes.

3.2 Restrictions. You shall not:

• Sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Service itself (this does not restrict your right to commercially use your Generated Content, as described in Section 6)
• Modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the Service
• Access the Service in order to build a similar or competitive product or service
• Use the Service to generate content that infringes the intellectual property rights of any third party
• Use automated scripts, bots, or scraping tools to access the Service, except through our published APIs
• Attempt to circumvent any Credit limitations, usage restrictions, or technical protections

3.3 Service Availability. We strive to maintain the availability of the Service, but do not guarantee uninterrupted access. The Service may be temporarily unavailable due to maintenance, updates, or circumstances beyond our control. We will make reasonable efforts to provide advance notice of planned downtime. Credits are not extended, refunded, or adjusted for periods of service unavailability. The Company is not liable for loss of Credits resulting from outages, third-party provider failures, system errors, or circumstances beyond its reasonable control.

3.4 Usage Controls. The Company may impose rate limits, usage caps, throttling, or other technical restrictions to protect system stability, prevent abuse, and ensure fair usage. The Company may modify or discontinue any feature, model, or generation capability at any time.

4. Subscription Plans and Billing

4.1 Plans and Pricing. The Service is offered through paid Subscription Plans with varying features and Credit allocations. Current plan details and pricing are available on our website. We reserve the right to modify plan offerings, pricing, and Credit allocations upon thirty (30) days’ written notice to you. Any pricing changes will take effect at the start of your next billing cycle following the notice period.

The Company reserves the right to modify or discontinue any Subscription Plan, Credit package, or pricing model upon reasonable notice. Promotional pricing or early adopter pricing does not guarantee continued or future pricing terms unless expressly stated in writing.

4.2 Billing and Payment. By subscribing to a paid plan, you authorize us to charge your designated payment method on a recurring basis at the applicable rate for your Subscription Plan. All fees are stated in U.S. dollars unless otherwise indicated. You are responsible for keeping your payment information current. If a payment fails, we may retry the charge and/or suspend your access to paid features until payment is resolved.

4.3 Automatic Renewal. Your subscription will automatically renew at the end of each billing cycle unless you cancel before the renewal date. You will be charged the then-current rate for your plan upon each renewal. You may cancel your subscription at any time through your Account settings. Cancellation takes effect at the end of the current billing period; you will retain access to paid features until that date.

4.4 Refunds. Subscription fees are generally non-refundable. If you cancel your subscription, you will not receive a refund for the current billing period, but you will continue to have access to paid features until the end of that period. We may, at our sole discretion, offer refunds or credits in exceptional circumstances. If you believe you have been charged in error, please contact us at hello@moonchild.ai within thirty (30) days of the charge.

4.5 Free Tier. We may offer a free tier or trial period with a limited Credit allocation and feature set. Free tiers are subject to these Terms and may be modified or discontinued at any time. We reserve the right to impose additional limitations on free-tier Accounts.

5. Credits

5.1 Credit Allocation. Each Subscription Plan includes a specified number of Credits per billing cycle. Credits are allocated to your Account at the beginning of each billing cycle.

5.2 Credit Usage. Credits are consumed when you use certain features of the Service, including AI-powered design generation. The number of Credits consumed per action may vary depending on the type of generation, complexity, and feature used. Current Credit costs for each action are displayed within the Service. We reserve the right to adjust Credit costs for specific actions with reasonable notice.

5.3 Expiration and Rollover. Unused Credits expire at the end of each billing cycle and do not roll over to subsequent periods. There is no cash value, refund, or compensation for unused or expired Credits.

5.4 Additional Credits. We may offer the ability to purchase additional Credits beyond your plan’s monthly allocation. Additional purchased Credits may have different expiration terms, which will be disclosed at the time of purchase. All purchases of additional Credits are final and non-refundable except where required by applicable law.

5.5 Credit Consumption. Credits are consumed at the time of a generation request, regardless of whether you are satisfied with the output. If a generation fails due to a Service error (not a user error), we will make reasonable efforts to restore the consumed Credits to your Account. You acknowledge that AI-generated outputs may vary in quality and that credit consumption does not guarantee a particular result.

5.6 Nature of Credits. Credits represent a limited, revocable license to access certain features of the Service. Credits are not legal tender, are not currency, are not redeemable for cash, are not stored monetary value, and do not constitute personal property, a vested right, or a proprietary interest.

Credits are not prepaid access instruments, gift cards, financial accounts, bank accounts, or escrow accounts. Credits do not accrue interest, do not appreciate in value, and do not provide any return, yield, or financial benefit over time.

Credits are non-transferable, non-assignable, and may not be sold, resold, traded, pooled, or exchanged between Accounts unless expressly authorized by the Company. Any attempted transfer or resale is void and may result in Account suspension or termination.

5.7 Credit-to-Usage Relationship. Credits represent a prepayment for access to platform functionality and do not correspond to any fixed quantity of underlying computational resources.

Credit consumption rates may vary by feature, model, usage pattern, or system load and may change at the Company’s sole discretion. The Company does not guarantee that any particular quantity of Credits will correspond to any fixed amount of computational usage now or in the future.

Internal usage calculations and credit-to-usage ratios are proprietary and subject to modification.

5.8 Payment Reversals and Chargebacks. If a payment is reversed, disputed, subject to chargeback, or otherwise invalidated, the Company may immediately suspend the associated Account and revoke any Credits associated with the disputed transaction. The Company reserves the right to recover any losses, fees, or costs incurred as a result of payment disputes.

5.9 Modification of Credit Structure. We may modify Credit allocations, expiration policies, pricing, or usage costs upon reasonable notice. Changes will take effect at the beginning of your next billing cycle unless otherwise specified. Continued use of the Service after the effective date constitutes acceptance of the updated Credit structure.

6. User Content and Generated Content

6.1 Ownership of User Content. You retain all rights, title, and interest in and to your User Content. Nothing in these Terms transfers ownership of your User Content to us.

6.2 License to User Content. By uploading or submitting User Content to the Service, you grant Moonchild a non-exclusive, worldwide, royalty-free license to host, store, reproduce, display, transmit, modify (for technical purposes such as formatting, resizing, and caching), and process your User Content solely for the purpose of operating, maintaining, debugging, securing, and improving the Service for you.

This license terminates when you delete the applicable User Content or your Account, subject to reasonable backup and data retention timelines described in Section 6.6.

6.3 Rights to Generated Content. As between you and Moonchild, you retain all rights to your Generated Content. We do not claim any ownership interest in the outputs generated through your use of the Service. You are free to use Generated Content for any lawful purpose, including commercial use such as branding, client work, publishing, and selling templates.

Important: AI-generated outputs may not be eligible for copyright protection under applicable law. We make no representations regarding the copyrightability or legal protectability of Generated Content. You are solely responsible for evaluating the intellectual property status of any Generated Content you use.

6.4 Your Responsibilities. You represent and warrant that you have all necessary rights, licenses, and permissions to upload and use any User Content you provide, including any images, fonts, brand assets, or other materials. You are responsible for ensuring that your use of Generated Content does not infringe the rights of any third party. We are not liable for any claims arising from your use of User Content or Generated Content that you did not have the right to use.

6.5 AI Model Training. We do not use your User Content or Generated Content to train proprietary AI models without your consent. Your content is processed by our AI Providers solely for the purpose of fulfilling your generation requests. Where available, we opt out of model training by AI Providers on customer-submitted data. Each AI Provider maintains its own data handling policies as described in our Privacy Policy.

6.6 Content Deletion. You may delete your User Content and Generated Content through the Service at any time. Upon Account deletion, your designs are no longer associated with an active Account. If you request permanent erasure of your data from our systems, we will complete that erasure within thirty (30) days of your request, except where retention is required by law. Deleted content may persist in encrypted backups for up to ninety (90) days before being permanently removed.

6.7 Indemnification. You agree to defend, indemnify, and hold harmless the Company and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or relating to your User Content, your use of Generated Content, your violation of these Terms, or your violation of any third-party rights.

7. AI Services and Third-Party Providers

7.1 Third-Party AI Processing. The Service uses third-party AI Providers (including but not limited to Anthropic and Google) to power its design generation features. When you use AI generation features, your inputs and User Content may be transmitted to these providers for processing. By using the Service, you acknowledge and consent to this processing. You acknowledge that you are solely responsible for reviewing and evaluating Generated Content for accuracy, legality, and suitability prior to use.

7.2 AI Output Disclaimers. AI-generated outputs are provided “as is.” We do not guarantee that Generated Content will be unique, error-free, suitable for any particular purpose, or free from similarity to existing works. You should review all Generated Content before using it in any commercial or public-facing context. We are not responsible for any claims, damages, or liabilities arising from your reliance on or use of Generated Content.

7.3 Acceptable Use of AI Features. You agree not to use the Service’s AI features to:

• Generate content that is illegal, harmful, threatening, abusive, harassing, defamatory, or otherwise objectionable
• Generate content that infringes any third party’s intellectual property, privacy, or publicity rights
• Generate content depicting minors in any harmful, exploitative, or inappropriate context
• Attempt to extract, reverse engineer, or replicate the underlying AI models
• Circumvent any content safety filters or moderation systems
• Attempt to exploit pricing mechanisms, Credit calculations, system errors, or technical vulnerabilities

7.4 Pricing and System Errors. In the event of pricing errors, technical malfunctions, billing miscalculations, or incorrect Credit allocations, the Company reserves the right to correct such errors, including adjusting Credit balances or transaction records.

8. Intellectual Property

Excluding User Content and Generated Content, all intellectual property rights in the Service (including its software, design, interface, documentation, and branding) are owned by the Company or its licensors. These Terms do not grant you any rights to our intellectual property except the limited access license in Section 3.1.

9. Third-Party Links and Services

The Service may contain links to third-party websites or integrate with third-party services. We are not responsible for the content, practices, or availability of any third-party services. Your use of third-party services is governed by their respective terms and policies.

10. Disclaimers

THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

WE MAKE NO WARRANTIES REGARDING THE QUALITY, ACCURACY, UNIQUENESS, OR RELIABILITY OF ANY GENERATED CONTENT. AI-GENERATED OUTPUTS MAY CONTAIN ERRORS, INACCURACIES, OR UNINTENDED SIMILARITIES TO EXISTING WORKS.

Some jurisdictions do not allow the exclusion of implied warranties, so certain exclusions above may not apply to you.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY ARISING FROM OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL FEES YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR (B) ONE HUNDRED U.S. DOLLARS ($100). THIS LIMITATION APPLIES REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE.

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so certain limitations above may not apply to you.

12. Term and Termination

These Terms remain in effect while you use the Service. We may suspend or terminate your Account at any time for any reason, including violation of these Terms. Upon termination, your right to access the Service ceases immediately. Any unused Credits remaining in your Account at the time of termination are forfeited and will not be refunded. Credits revoked or forfeited due to violation of these Terms shall not be restored or compensated.

Upon termination, you may request a copy of your User Content prior to its deletion. We will make your content available for export for thirty (30) days following termination, after which it may be permanently deleted.

The following sections survive termination: Sections 6 (User Content and Generated Content), 8 (Intellectual Property), 10 (Disclaimers), 11 (Limitation of Liability), 14 (Dispute Resolution), and 15 (General Provisions).

13. Copyright Policy

We respect the intellectual property rights of others. If you believe that content available through the Service infringes your copyright, you may submit a notification pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512(c)) to our designated agent with the following information:

• A physical or electronic signature of the copyright owner or authorized representative
• Identification of the copyrighted work(s) claimed to have been infringed
• Identification of the infringing material and its location within the Service
• Your contact information (address, telephone number, email)
• A statement of good faith belief that use of the material is not authorized
• A statement, under penalty of perjury, that the information is accurate and you are authorized to act on behalf of the copyright owner

Send notices to: hello@moonchild.ai or Devign, Inc., 2822 Somerset Dr., Los Angeles, CA 90016.

14. Dispute Resolution

14.1 Informal Resolution. Before initiating arbitration, you must first send us a written Notice of Dispute describing the nature of the claim, including any billing or Credit-related disputes, and the requested relief. Send notices to: Devign, Inc., 2822 Somerset Dr., Los Angeles, CA 90016. We will attempt to resolve the dispute informally within thirty (30) days.

14.2 Binding Arbitration. If the dispute is not resolved informally, all claims (including billing disputes, Credit disputes, and claims related to Generated Content) shall be resolved by binding arbitration under the American Arbitration Association’s Consumer Arbitration Rules. The arbitration shall be conducted by a single neutral arbitrator. Any hearing will be held within 100 miles of your residence (or by phone/video at your option). Each party bears its own costs and an equal share of arbitrator fees.

14.3 Class Action Waiver. ALL CLAIMS MUST BE BROUGHT ON AN INDIVIDUAL BASIS. YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR REPRESENTATIVE PROCEEDING.

14.4 Jury Trial Waiver. BOTH PARTIES WAIVE THE RIGHT TO A JURY TRIAL FOR ANY DISPUTES SUBJECT TO THESE TERMS.

14.5 Exceptions. Either party may bring individual claims in small claims court. Claims of defamation, or infringement of patent, copyright, trademark, or trade secrets are not subject to arbitration.

14.6 Delegation Clause. The arbitrator shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement.

14.7 Severability of Arbitration Provision. If any portion of this arbitration section is found unenforceable, the remaining portions shall remain in full force and effect.

15. General Provisions

15.1 California Automatic Renewal Disclosure. In compliance with California’s Automatic Renewal Law (Cal. Bus. & Prof. Code §§ 17600–17606): your subscription will automatically renew at the then-current rate unless you cancel. You may cancel at any time through your Account settings. Cancellation takes effect at the end of the current billing period. You will receive a confirmation of your subscription and renewal terms via email.

15.2 Changes to Terms. We may update these Terms from time to time. We will notify you of material changes by email and/or prominent notice within the Service at least thirty (30) days before the changes take effect. Your continued use of the Service after the effective date constitutes acceptance of the updated Terms.

15.3 Electronic Communications. You consent to receive communications from us electronically (email, in-app notices). You agree that electronic communications satisfy any legal requirement that such communications be in writing.

15.4 Governing Law. These Terms are governed by the laws of the State of California, without regard to conflict-of-law principles. Where arbitration does not apply, the courts located in Los Angeles County, California shall have exclusive jurisdiction.

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

15.6 Entire Agreement. These Terms, together with our Privacy Policy, constitute the entire agreement between you and the Company regarding the Service and supersede all prior agreements.

15.7 Assignment. You may not assign or transfer these Terms without our prior written consent. We may freely assign these Terms in connection with a merger, acquisition, or sale of assets.

15.8 No Waiver. Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.

Contact Information

If you have questions about these Terms, please contact us:

Devign, Inc.

2822 Somerset Dr., Los Angeles, CA 90016

Email: hello@moonchild.ai