MobyDick AI
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TERMS AND CONDITIONS OF SERVICE
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Last Updated: December 15, 2025
Version: 1.2
Welcome to MobyDick AI (the "Platform"). By creating an account or using our
services, you agree to these Terms and Conditions ("Terms"). Please read them
carefully.
If you do not agree to these Terms, do not create an account or use the Platform.
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PLAIN LANGUAGE SUMMARY
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Before the legal details, here's what you're agreeing to in plain English:
1. This is a BETA product. Features will change, sometimes break, sometimes
disappear. We're building in public.
2. AI generates your content, but YOU are responsible for reviewing it
before you publish. AI makes mistakes.
3. You own the content you create. We don't claim rights to your carousels,
posts, or brand materials.
4. Credits are not money. They're a way to track usage. They don't roll over,
and you can't cash them out.
5. We can change prices with 30 days notice. We'll email you.
6. If something goes wrong, our liability is limited to what you paid us
(or $100, whichever is more).
7. We're building fast, and sometimes data might be lost. Download your
PDFs and save what matters. We'll try to help, but we can't guarantee
recovery.
Now, the full Terms:
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SECTION 1: DEFINITIONS
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"Platform" means the MobyDick AI content generation service, including the
website, applications, and related services.
"User," "You," "Your" means the individual or entity creating an account.
"We," "Us," "Our" means MobyDick AI and its operators.
"Content" means text, images, carousels, PDFs, and other materials generated
through the Platform.
"User Content" means information you provide to the Platform, including brand
briefs, business information, brain dumps, and feedback.
"AI Output" means content generated by artificial intelligence based on your
User Content.
"Credits" means the usage units that track your consumption of Platform services.
"Subscription" means a recurring payment arrangement for Platform access.
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SECTION 2: BETA STATUS
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2.1 BETA PRODUCT
The Platform is currently in beta. This means:
(a) Features may be added, modified, or removed without prior notice
(b) The Platform may experience bugs, errors, or service interruptions
(c) We make no guarantees about uptime, reliability, or specific functionality
(d) Some features may work differently than described or expected
2.2 YOUR ACKNOWLEDGMENT
By using the Platform during beta, you acknowledge that:
(a) You are helping us build a better product
(b) Your feedback is valuable and welcomed
(c) You will not hold us liable for beta-related issues
(d) Some data from beta may not migrate to the final product
2.3 BETA TO PRODUCTION TRANSITION
When the Platform exits beta:
(a) We will notify you at least 14 days in advance
(b) Pricing may change (with 30 days notice for increases)
(c) We will make reasonable efforts to preserve your data and content
(d) Some beta features may not be available in the production version
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SECTION 3: ACCOUNT TERMS
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3.1 ELIGIBILITY
To use the Platform, you must:
(a) Be at least 18 years old
(b) Have the legal capacity to enter into contracts
(c) Provide accurate account information
(d) Not be prohibited from using the Platform under applicable law
3.2 ACCOUNT SECURITY
You are responsible for:
(a) Maintaining the confidentiality of your login credentials
(b) All activity that occurs under your account
(c) Notifying us immediately of any unauthorized access
(d) Using a strong, unique password
3.3 ONE ACCOUNT PER PERSON
Unless explicitly authorized:
(a) Each person may have only one account
(b) Accounts may not be shared with others
(c) Accounts may not be sold, transferred, or assigned
3.4 REFERRAL CODES
If you received a referral code to access the Platform:
(a) The code may provide initial free credits
(b) Credits from referral codes expire 90 days after account creation
(c) We reserve the right to invalidate fraudulently obtained codes
(d) Referral programs may be modified or discontinued at any time
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SECTION 4: CREDIT SYSTEM
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4.1 WHAT CREDITS ARE
Credits are usage units that track your consumption of Platform services.
(a) Credits are NOT currency, stored value, or money
(b) Credits have no cash value
(c) Credits cannot be exchanged for money or transferred to others
(d) Credits are a convenience for tracking usage, nothing more
4.2 HOW CREDITS WORK
(a) Different actions consume different amounts of credits
(b) Approximate credit usage is displayed before you confirm actions
(c) Actual credit usage may vary based on content complexity
(d) We reserve the right to adjust credit costs as needed
4.3 TYPICAL CREDIT USAGE (approximate)
- Market Insights generation: 20-30 credits
- Post Ideas generation: 15-20 credits
- LinkedIn content creation: 50-75 credits
- LinkedIn carousel (full pipeline): 100-175 credits
- Content critique/analysis: 15-20 credits
- Instagram content generation: 35-50 credits
- Instagram image generation: 50-75 credits
These are estimates. Actual usage depends on content length and complexity.
For current pricing, see the Billing page in your account.
4.4 CREDIT EXPIRATION
(a) Monthly subscription credits expire at the end of each billing cycle
(b) Unused credits do NOT roll over to the next period
(c) Bonus credits (from referrals, promotions) expire 90 days after grant
(d) You can check your credit balance at any time in your account settings
4.5 RUNNING OUT OF CREDITS
When your credits reach zero:
(a) AI generation features will be paused
(b) Your existing content remains fully accessible
(c) You can upgrade your subscription or wait for your next billing cycle
(d) We will notify you when your credits are low
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SECTION 5: SUBSCRIPTION & BILLING
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5.1 FREE TIER
New accounts receive limited free credits to try the Platform.
(a) Free credits are provided at our discretion
(b) Free credits may be adjusted or discontinued
(c) Free accounts have access to core features only
5.2 PAID SUBSCRIPTIONS
Paid subscriptions provide:
(a) A monthly allocation of credits (amount depends on plan)
(b) Access to premium features
(c) Priority support
5.3 BILLING
(a) Subscriptions are billed in advance for each period
(b) We use Stripe to process payments securely
(c) You authorize us to charge your payment method on file
(d) Failed payments may result in service suspension
5.4 AUTO-RENEWAL
YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW unless you cancel.
(a) Monthly subscriptions renew every 30 days
(b) Annual subscriptions renew every 365 days
(c) You will be charged using your payment method on file
(d) Renewal occurs at the end of each billing period
5.5 CANCELLATION
You may cancel your subscription at any time:
(a) Go to Settings > Billing > Cancel Subscription
(b) Cancellation takes effect at the end of your current billing period
(c) You retain access until your current period ends
(d) We do not prorate refunds for partial periods
5.6 REFUND POLICY
(a) First 7 days: Full refund, no questions asked
(b) Days 8-30: Pro-rata refund for unused portion
(c) After 30 days: No refund (services already provided)
(d) Exception: Significant Platform errors preventing usage (case-by-case)
Bonus credits and referral credits are never refundable.
5.7 PRICE CHANGES
We may change subscription prices:
(a) With 30 days email notice
(b) Existing subscribers keep their current price until next renewal
(c) You may cancel before the new price takes effect
(d) Price decreases apply immediately to all subscribers
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SECTION 6: YOUR CONTENT & DATA
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6.1 OWNERSHIP OF YOUR CONTENT
You retain full ownership of:
(a) All User Content you provide (brand briefs, business info, brain dumps)
(b) All AI Output generated for your use
(c) All carousels, posts, and materials you create using the Platform
We do not claim ownership of your content.
6.2 LICENSE YOU GRANT US
By using the Platform, you grant us a limited license to:
(a) Process your User Content to provide our services
(b) Store your content on our servers and with our cloud providers
(c) Display your content back to you
(d) Create technical copies for backup and redundancy
This license:
- Is non-exclusive (you can use your content elsewhere)
- Is limited to providing the service
- Ends when you delete your content or account (subject to backup retention)
6.3 AI TRAINING
We DO NOT use your identifiable content to train AI models without explicit
consent. However:
(a) We may use aggregated, anonymized usage patterns to improve the Platform
(b) Third-party AI providers (Google Gemini) have their own data practices
(c) We cannot control how third-party AI providers process data
See our Privacy Policy for detailed data handling information.
6.4 DATA RETENTION
- Account data: Retained while active, deleted 30 days after account closure
- Generated content: Retained for 12 months, then auto-deleted
- Usage logs: Retained 24 months for security and analytics
- Payment records: Retained 7 years per legal requirements
You may request earlier deletion by contacting support.
6.5 DATA AVAILABILITY
We're building this platform alongside you, and that means things move fast.
While we do our best to keep all your data safe and accessible, rapid
development sometimes means breaking changes. New features, architecture
improvements, and bug fixes may occasionally result in some or all of your
data being affected or deleted.
If something goes wrong, we'll try to recover your data — but depending on
the situation, recovery may be difficult or impossible. We can't make
guarantees.
Here's what we recommend:
- Download your PDFs and carousels after you create them
- Save any content that's important to your business
- Think of the Platform as a creation tool, not a permanent archive
By using the Platform, you understand that our commitment to making it
better — with new features, improvements, and rapid iteration — is part of
what makes it valuable. You're willing to accept that occasional data loss
may happen as a tradeoff for having access to the best possible tool at any
given moment.
We're grateful you're on this journey with us, and we'll always do our best
to take care of your data. But we can't promise perfection — and we want to
be upfront about that.
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SECTION 7: AI CONTENT DISCLAIMER
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THIS SECTION IS ESPECIALLY IMPORTANT. PLEASE READ CAREFULLY.
7.1 AI GENERATES YOUR CONTENT
The Platform uses artificial intelligence to generate content. You understand:
(a) AI output may contain errors, inaccuracies, or misleading information
(b) AI may produce biased, outdated, or inappropriate content
(c) AI does not verify facts, figures, statistics, or claims
(d) AI cannot guarantee that output is original or non-infringing
7.2 YOUR RESPONSIBILITY
YOU ARE SOLELY RESPONSIBLE FOR:
(a) Reviewing all AI-generated content before use
(b) Verifying accuracy of facts, claims, and statistics
(c) Ensuring content is appropriate for your audience
(d) All content you publish, regardless of how it was generated
7.3 AI OUTPUT IS NOT PROFESSIONAL ADVICE
AI-generated content is NOT:
(a) Legal advice
(b) Financial advice
(c) Tax advice
(d) Medical advice
(e) Professional advice of any kind
Consult qualified professionals for advice in these areas.
7.4 NO GUARANTEED OUTCOMES
We make no guarantees that:
(a) AI content will increase engagement, followers, or sales
(b) Content will be suitable for any particular purpose
(c) Using our Platform will result in any business outcomes
(d) Generated content will perform better than content you create yourself
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SECTION 8: ACCEPTABLE USE
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8.1 YOU AGREE NOT TO
(a) Use the Platform for any illegal purpose
(b) Generate content that is defamatory, harassing, or threatening
(c) Generate content that infringes on others' intellectual property
(d) Attempt to reverse engineer, hack, or disrupt the Platform
(e) Create multiple accounts to abuse credit systems
(f) Share your account credentials with others
(g) Use the Platform to compete with us directly
(h) Resell, redistribute, or sublicense access to the Platform
8.2 CONTENT RESTRICTIONS
Do not use the Platform to generate:
(a) Content promoting violence, hate, or discrimination
(b) Sexually explicit content
(c) Content that could harm minors
(d) Misinformation or disinformation
(e) Spam or unsolicited commercial messages
(f) Content impersonating others
8.3 ENFORCEMENT
Violations may result in:
(a) Warning or temporary suspension
(b) Permanent account termination
(c) Forfeiture of unused credits
(d) Legal action if required
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SECTION 9: INTELLECTUAL PROPERTY
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9.1 PLATFORM OWNERSHIP
We own all rights to:
(a) The Platform itself (code, design, functionality)
(b) Our brand, logo, and trademarks
(c) Our AI prompts, templates, and systems
(d) Our documentation and educational content
9.2 FEEDBACK
If you provide suggestions, ideas, or feedback about the Platform:
(a) We may use this feedback without compensation to you
(b) We are not obligated to implement any suggestions
(c) Feedback does not create any obligation or confidentiality
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SECTION 10: THIRD-PARTY SERVICES
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10.1 AI PROVIDERS
We use third-party AI services including:
(a) Google Gemini for content and image generation
(b) Other providers as needed
When you use our Platform:
- Your inputs are processed by these providers
- They have their own terms and privacy policies
- We cannot control their data handling practices
10.2 PAYMENT PROCESSING
We use Stripe for payment processing:
(a) Stripe's terms apply to payment transactions
(b) We do not store complete credit card numbers
(c) Payment security is handled by Stripe
10.3 OTHER SERVICES
We may use additional services for:
(a) Authentication (Firebase)
(b) Hosting (Google Cloud)
(c) Analytics
(d) Email delivery
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SECTION 11: SERVICE AVAILABILITY
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11.1 NO GUARANTEED UPTIME
We aim for reliable service, but we do not guarantee:
(a) Continuous, uninterrupted access
(b) Error-free operation
(c) That defects will be corrected
(d) Any specific uptime percentage
11.2 SERVICE INTERRUPTIONS
The Platform may be unavailable due to:
(a) Scheduled maintenance (we try to provide advance notice)
(b) Emergency maintenance
(c) Third-party service outages
(d) Factors beyond our control
11.3 CHANGES TO THE SERVICE
We may, at any time:
(a) Add new features or functionality
(b) Modify existing features
(c) Remove features (with reasonable notice for major changes)
(d) Discontinue the Platform entirely (with 30 days notice)
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SECTION 12: LIMITATION OF LIABILITY
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TO THE MAXIMUM EXTENT PERMITTED BY LAW:
12.1 EXCLUSION OF DAMAGES
WE ARE NOT LIABLE FOR:
(a) Indirect, incidental, special, consequential, or punitive damages
(b) Lost profits, lost revenue, or lost data
(c) Business interruption
(d) Damage to reputation
(e) Loss of goodwill
Even if we were advised of the possibility of such damages.
12.2 MAXIMUM LIABILITY
Our total liability for any claims arising from your use of the Platform
is limited to the GREATER OF:
(a) The total amount you paid us in the 12 months before the claim, OR
(b) One hundred US dollars ($100 USD)
12.3 EXCEPTIONS
These limitations do NOT apply to:
(a) Death or personal injury caused by our negligence
(b) Fraud or fraudulent misrepresentation
(c) Any liability that cannot be excluded under applicable law
12.4 BASIS OF THE DEAL
You acknowledge that:
(a) These limitations are a fundamental part of our agreement
(b) We could not offer the Platform at current prices without them
(c) You have accepted these limitations in exchange for access
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SECTION 13: INDEMNIFICATION
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You agree to defend, indemnify, and hold us harmless from any claims,
damages, losses, or expenses (including legal fees) arising from:
(a) Your use of the Platform
(b) Your violation of these Terms
(c) Your violation of any third-party rights
(d) Content you publish using the Platform
(e) Your negligence or misconduct
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SECTION 14: DISPUTE RESOLUTION
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14.1 INFORMAL RESOLUTION FIRST
Before filing any formal dispute:
(a) Contact us at support@mobydickai.com
(b) Describe your concern in detail
(c) Allow 30 days for us to attempt resolution
(d) We commit to working with you in good faith
Most issues can be resolved through conversation.
14.2 GOVERNING LAW
These Terms are governed by the laws of the State of Delaware, USA,
without regard to conflict of law provisions.
14.3 JURISDICTION
Any disputes not resolved informally will be resolved exclusively in
the state or federal courts located in Delaware, USA.
14.4 CLASS ACTION WAIVER
You agree to resolve disputes on an individual basis only.
YOU WAIVE ANY RIGHT TO PARTICIPATE IN CLASS ACTION LAWSUITS OR
CLASS-WIDE ARBITRATION.
14.5 SMALL CLAIMS
Either party may bring claims in small claims court if they qualify.
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SECTION 15: TERMINATION
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15.1 TERMINATION BY YOU
You may close your account at any time:
(a) Go to Settings > Account > Delete Account
(b) Confirm your decision
(c) Your content will be deleted per our retention policy
15.2 TERMINATION BY US
We may terminate or suspend your account:
(a) For violation of these Terms
(b) For non-payment
(c) If required by law
(d) For any reason with 30 days notice
15.3 EFFECT OF TERMINATION
Upon termination:
(a) Your right to access the Platform ends immediately
(b) You remain responsible for any outstanding payments
(c) Sections that should survive (liability, indemnification, etc.) remain in effect
(d) We are not liable for data loss after termination
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SECTION 16: GENERAL PROVISIONS
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16.1 ENTIRE AGREEMENT
These Terms, together with our Privacy Policy, constitute the entire
agreement between you and us regarding the Platform.
16.2 SEVERABILITY
If any provision of these Terms is found unenforceable, the remaining
provisions remain in full effect.
16.3 WAIVER
Our failure to enforce any right is not a waiver of that right.
16.4 ASSIGNMENT
You may not assign your rights under these Terms. We may assign our
rights freely.
16.5 HEADINGS
Section headings are for convenience only and have no legal effect.
16.6 CONTACT
Questions about these Terms?
Email: support@mobydickai.com
We will respond within 5 business days.
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SECTION 17: CHANGES TO TERMS
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17.1 WE MAY UPDATE THESE TERMS
We reserve the right to modify these Terms at any time.
17.2 NOTIFICATION OF CHANGES
For material changes:
(a) We will email you at your registered email address
(b) We will post a notice on the Platform
(c) We will update the "Last Updated" date above
17.3 YOUR CONTINUED USE
Continued use of the Platform after changes constitutes acceptance of
the new Terms.
17.4 IF YOU DISAGREE
If you do not agree to updated Terms:
(a) Stop using the Platform
(b) Close your account
(c) Request deletion of your data
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ACCEPTANCE
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BY CHECKING THE "I AGREE" BOX DURING REGISTRATION, OR BY USING THE PLATFORM,
YOU CONFIRM THAT:
1. You have read these Terms in their entirety
2. You understand and agree to be bound by these Terms
3. You have the legal capacity to enter into this agreement
4. You are at least 18 years old
If you are accepting on behalf of a company or organization, you confirm
that you have authority to bind that entity to these Terms.
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Thank you for using MobyDick AI. We're building this for you.
Questions? Concerns? Ideas? We're at support@mobydickai.com
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VERSION HISTORY
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Version 1.2 (December 15, 2025)
- Added Section 6.5: Data Availability Disclaimer
- Clarified that data may be deleted and may not be recoverable
- Added user responsibility for data export and backup
Version 1.1 (December 10, 2025)
- Updated credit cost estimates in Section 4.3 to reflect actual pricing
- Corrected support email to support@mobydickai.com
- Added version history section
Version 1.0 (December 7, 2025)
- Initial release
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END OF TERMS
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