Terms of Service

Last updated: April 25, 2026

These Terms of Service ("Terms", "Agreement") constitute a legally binding agreement between you ("User", "you", "your") and:

• ML GROUP INVEST Sp. z o.o.
• ul. Adama Mickiewicza 83, 48-100 Głubczyce, Poland
• NIP: 7481587576 | KRS: 0000179753 | REGON: 381683570
• Email: hello@mochu.io

(hereinafter referred to as the "Provider", "we", "us", "our")

regarding the use of the Mochu web application available at mochu.io (the "Service").

By creating an account, accessing, or using the Service, you confirm that you have read, understood, and agree to be bound by these Terms in their entirety, as well as our Privacy Policy and Data Deletion Policy, which are incorporated herein by reference. If you do not agree to these Terms, you must not use the Service.

1. Definitions

• "Service" — the Mochu web application available at mochu.io, including all features, functionalities, APIs, and content provided therein.
• "Account" — a registered user account granting access to the Service.
• "Organization" — a workspace within the Service that groups connected social accounts, team members, settings, and subscription plans.
• "Connected Account" — a social media account (Facebook, Instagram, TikTok, LinkedIn, Twitter/X, YouTube, or Google Business Profile) linked to the Service via OAuth authorization.
• "Third-Party Platform" — any external social media service integrated with the Service.
• "AI Features" — optional artificial intelligence–powered functionalities within the Service, including reply generation, post composition, translation, content analysis, and hashtag suggestions.
• "User Content" — any data, text, images, videos, templates, or other materials that you create, upload, publish, or transmit through the Service.
• "Subscription Plan" — a paid tier of the Service providing access to specific features and usage limits.
• "Merchant of Record" ("MoR") — the entity that acts as the legal seller in a transaction and is responsible for collecting payment and handling tax obligations.

2. Eligibility & Account Registration

• The Service is available to natural persons aged 16 or older and to legal entities. By registering, you represent that you meet this age requirement and, if acting on behalf of a legal entity, that you have the authority to bind that entity to these Terms.
• You must provide accurate, current, and complete information during registration and keep your account information up to date.
• You are solely responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your Account. You must notify us immediately at hello@mochu.io of any unauthorized access or security breach.
• We reserve the right to refuse registration, suspend, or terminate any Account for justified reasons, in particular in case of breach of these Terms, suspected fraud, or upon request of public authorities. For consumers, a specific reason for termination must be provided.

3. Description of the Service

Mochu is a social media management platform that provides the following core functionalities:

• Comment & Review Management: Centralized view, moderation, and response to comments and reviews across Facebook, Instagram, TikTok, LinkedIn, Twitter/X, YouTube, and Google Business Profile.
• Direct Message Management: Synchronized inbox for Facebook and Instagram page direct messages with manual and AI-assisted replies.
• Post Publishing & Scheduling: Create, schedule, and publish posts across multiple social media platforms simultaneously.
• Advertising Management: Synchronization and budget automation for Meta Ads campaigns.
• AI-Powered Features: Optional AI reply generation, post composition, translation, sentiment analysis, and hashtag suggestions powered by OpenAI.
• Analytics & Reporting: Engagement metrics, usage statistics, and performance dashboards.
• Team Collaboration: Multi-member organizations with role-based access control.
• Media Library: Upload, organize, and manage images and videos for use across platforms.

3.1 Technical Requirements

Technical requirements. Use of the Service requires: (a) a device with Internet access (recommended bandwidth at least 5 Mb/s), (b) an up-to-date version of Chrome, Firefox, Edge, or Safari (latest or previous stable release), (c) JavaScript and cookies enabled, (d) an active e-mail account, (e) at least one account on a supported Third-Party Platform with administrative permissions sufficient to grant OAuth authorization.

4. Connecting Social Media Accounts

The Service requires you to connect one or more social media accounts via OAuth authorization. By connecting a Connected Account, you:

• Grant the Service permission to access, read, and interact with data from that account (including comments, messages, posts, reviews, and analytics) in accordance with the permissions you authorize during the OAuth flow.
• Represent and warrant that you are the rightful owner or authorized administrator of the social media account and have full authority to grant such access.
• Acknowledge that the Service's functionality depends on the continued availability of Third-Party Platform APIs and that features may be limited or unavailable if a Third-Party Platform modifies, restricts, or discontinues its API.
• Accept sole responsibility for ensuring that your use of the Service complies with the terms of service, community guidelines, and acceptable use policies of each Third-Party Platform.

You may disconnect any Connected Account at any time from the Service dashboard. Upon disconnection, all data associated with that account will be deleted within 30 days.

5. Subscription Plans, Payments & Billing

5.1 Subscription Plans

Access to the Service is provided through paid Subscription Plans. Each plan defines usage limits including maximum comments per month, AI tokens, connected social accounts, and storage capacity. Current plan details and pricing are displayed on the Service's pricing page and within the dashboard.

• Subscriptions are billed on a recurring monthly basis unless otherwise specified.
• We reserve the right to modify Subscription Plan pricing, features, or usage limits at any time. Changes will take effect at the beginning of the next billing cycle. We will notify you of material price increases at least 14 days in advance.
• If you exceed your plan's usage limits, certain features may be restricted until the next billing cycle or until you upgrade to a higher plan.

5.2 Trial Period

We may offer a free trial period at our discretion. At the end of the trial, you must subscribe to a paid plan to continue using the Service. We reserve the right to modify or discontinue trial offers at any time without prior notice.

5.3 Payments — EU/EEA Users (Direct Invoicing)

For users located in the European Union and European Economic Area, ML GROUP INVEST Sp. z o.o. acts as the direct seller of the Service. We issue VAT invoices in accordance with Polish tax law (Ustawa o VAT) and the EU VAT Directive (2006/112/EC).

• Payment is due within the term specified on the invoice. Accepted payment methods are indicated on the invoice.
• All prices for EU/EEA users are quoted in EUR and are exclusive of VAT, unless otherwise stated. Applicable VAT will be added to the invoice in accordance with the law.
• You are responsible for providing accurate billing information, including your company name, registered address, and VAT identification number (NIP). The Provider shall not be liable for incorrect invoices resulting from inaccurate billing data provided by you.
• Invoices and billing data are retained for a minimum of 5 years as required by Polish tax law (Art. 112 Ustawa o VAT, Art. 86 §1 Ordynacji Podatkowej).

5.4 Payments — Non-EU/EEA Users (Paddle as Merchant of Record)

For users located outside the European Union and European Economic Area, payments are processed by Paddle.com Market Limited ("Paddle"), which acts as the Merchant of Record. This means:

• Paddle is the legal seller of the Service to you. Your purchase constitutes a contract between you and Paddle, not directly with ML GROUP INVEST Sp. z o.o., with respect to the payment transaction.
• Paddle independently handles all payment processing, tax compliance (including sales tax, VAT, and GST), invoicing, and refund processing.
• Pricing for non-EU/EEA users is quoted in USD or your local currency as determined by Paddle, and includes applicable taxes.
• By purchasing through Paddle, you agree to Paddle's Terms of Service and Paddle's Privacy Policy.
• The Provider bears no liability for payment processing errors, chargebacks, refund disputes, tax miscalculations, or any other issues arising from Paddle's services.

5.5 Geographic Payment Routing

The payment method (direct invoicing or Paddle) is determined automatically based on your geographic location as detected by your IP address. You may also manually select your preferred payment method where available. You are solely responsible for ensuring the accuracy of your geographic location and bear all consequences of incorrect routing, including tax implications.

5.6 Late Payment

If payment is not received by the due date (for EU/EEA direct invoices), we reserve the right to: (a) suspend access to the Service until payment is received; (b) charge statutory interest on overdue amounts in accordance with the Polish Act on Counteracting Excessive Delays in Commercial Transactions (Ustawa o przeciwdziałaniu nadmiernym opóźnieniom w transakcjach handlowych, Dz.U. 2013 poz. 403); and (c) pursue collection of unpaid amounts through appropriate legal channels.

5.7 Right of Withdrawal & Refund Policy

Right of withdrawal (consumers and sole-traders treated as consumers under Polish law). A consumer, and a natural person conducting a sole-proprietorship business who enters into the Agreement directly connected with their business activity but where, given its content, the Agreement does not have a professional character for that person, has the right to withdraw from the Agreement within 14 days of its conclusion, without giving any reason and without bearing any costs, by submitting a declaration to hello@mochu.io. The withdrawal-form template is set out in Annex 2 to the Polish Act of 30 May 2014 on Consumer Rights.

Loss of the right of withdrawal. Pursuant to Article 38(13) of the Polish Act on Consumer Rights (implementing the EU Consumer Rights Directive 2011/83/EU), in respect of digital services the right of withdrawal expires if: (a) the User has expressly requested that performance begin before the withdrawal period elapses, (b) the User has been informed of the loss of the right of withdrawal upon full performance of the service and has acknowledged this, and (c) the Provider has supplied confirmation of those circumstances on a durable medium. By activating a paid subscription, the User consents to the commencement of the Service before the withdrawal period elapses and acknowledges loss of the right of withdrawal upon full performance of the Service in the relevant billing period.

For EU/EEA users (direct invoicing): outside the cases in which the right of withdrawal described above applies, subscription fees are generally non-refundable. To submit a refund request or a withdrawal declaration, contact us at hello@mochu.io.

For non-EU/EEA users (Paddle): Refund requests are handled by Paddle in accordance with their refund policy. Contact Paddle directly for refund inquiries.

6. AI-Powered Features — Terms & Disclaimers

The Service offers optional AI Features powered by OpenAI's language models. By using AI Features, you acknowledge and agree to the following:

• Optional nature: AI Features are entirely optional. The core Service functionality is available without activating AI Features.
• Data transmission: When you invoke an AI Feature, the specific content (e.g., a comment, message, or post draft) is transmitted to OpenAI's API for processing. No data is sent to OpenAI without your explicit action.
• No guarantee of accuracy: AI-generated content is provided on an "AS IS" basis without any warranty. The Provider makes no representations regarding the accuracy, completeness, reliability, legality, or appropriateness of AI-generated outputs.
• Your responsibility: You are solely and fully responsible for reviewing, editing, and approving all AI-generated content before publishing, sending, or otherwise distributing it. The Provider shall not be liable for any damages or claims arising from your use or publication of AI-generated content.
• Usage limits: AI token consumption is tracked and counted against your Subscription Plan limits. Once limits are reached, AI Features will be unavailable until the next billing cycle or plan upgrade.
• Third-party provider: AI Features depend on OpenAI's services. The Provider is not liable for any downtime, errors, changes in behavior, or unavailability of AI Features caused by OpenAI.

6.1 AI Transparency (AI Act)

AI Transparency (Regulation (EU) 2024/1689 — AI Act). A User who uses AI Features in communications with third parties (including auto-replies to comments and AI- generated messages published on behalf of the User) acts as a "deployer" within the meaning of the AI Act and undertakes to: (a) inform end-recipients clearly and visibly that they are interacting with an AI system, (b) label content generated or modified by AI to the extent required by law, (c) refrain from using AI Features for purposes contrary to Article 5 of the AI Act (prohibited practices). The Provider supplies the technical tools but bears no liability for the User's failure to comply with these obligations.

7. User Content & Responsibilities

7.1 Ownership

You retain all ownership rights in your User Content. By using the Service, you grant the Provider a limited, non-exclusive, worldwide, royalty-free license to store, display, transmit, and process your User Content solely for the purpose of providing the Service to you. This license terminates when you delete your User Content or your Account.

7.2 Your Representations & Warranties

You represent, warrant, and agree that:

• You have all necessary rights, licenses, and permissions to use, submit, and publish your User Content through the Service.
• Your User Content does not infringe, misappropriate, or violate any third party's intellectual property rights, privacy rights, publicity rights, or other legal rights.
• Your User Content does not contain any material that is unlawful, defamatory, obscene, threatening, harassing, fraudulent, or otherwise objectionable.
• To the extent that you process personal data of third parties through the Service (e.g., comments, messages, and reviews from your followers, customers, or the general public), you act as an independent data controller for such data and are solely responsible for compliance with GDPR and all applicable data protection laws.
• You will comply with the terms of service, community guidelines, advertising policies, and acceptable use policies of all Third-Party Platforms connected through the Service.

7.3 Prohibited Uses

You agree not to use the Service to:

• Violate any applicable law, regulation, or third-party rights.
• Send spam, unsolicited messages, or engage in automated mass messaging or commenting.
• Impersonate any person or entity, or falsely represent your affiliation with any person or entity.
• Upload or transmit viruses, malware, or any other malicious code.
• Attempt to gain unauthorized access to the Service, other user accounts, or any systems or networks connected to the Service.
• Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Service.
• Use the Service to scrape, harvest, or collect data from Third-Party Platforms in violation of their terms of service.
• Use AI Features to generate content that is illegal, harmful, deceptive, discriminatory, or violates platform policies.
• Resell, sublicense, or provide access to the Service to third parties without the Provider's prior written consent.
• Interfere with or disrupt the Service, servers, or networks, including through excessive API calls, DDoS attacks, or other abusive behavior.

8. Intellectual Property

The Service, including its design, code, algorithms, features, documentation, trademarks, logos, and all other intellectual property (excluding User Content), is and remains the exclusive property of ML GROUP INVEST Sp. z o.o. and/or its licensors. These Terms do not grant you any right, title, or interest in the Service beyond the limited license to use it as described herein.

All rights not expressly granted in these Terms are reserved by the Provider.

9. Service Availability & Modifications

• We strive to maintain high availability of the Service but do not guarantee uninterrupted, error-free, or continuous access. The Service is provided on an "AS IS" and "AS AVAILABLE" basis.
• We reserve the right to modify, update, suspend, or discontinue any part of the Service at any time, with or without notice. We will use reasonable efforts to notify you of material changes in advance.
• Scheduled maintenance will be performed during off-peak hours when possible. We are not liable for any loss or damage resulting from maintenance downtime.
• The Service depends on Third-Party Platform APIs. Changes to these APIs (including rate limits, deprecations, access restrictions, or policy modifications) may affect Service functionality. The Provider is not liable for any reduction in functionality caused by Third-Party Platform changes.

10. Third-Party Platforms & Services

The Service integrates with Third-Party Platforms including Meta (Facebook & Instagram), TikTok, LinkedIn, Twitter/X, YouTube, and Google Business Profile, as well as third-party service providers including OpenAI, Paddle, Supabase, Cloudflare, and Resend.

10.1 Compliance with Third-Party Platforms

Compliance with Third-Party Platforms. By using the Meta integration functionality (Facebook, Instagram), you agree to be bound by the Meta Platform Terms (developers.facebook.com/terms) and the Meta Community Standards (transparency.fb.com/policies/community-standards). By using the Google integration (including Google Business Profile and YouTube), you accept the Google API Services User Data Policy (developers.google.com/terms/api-services-user-data-policy), including the Limited Use requirements: "Mochu's use and transfer to any other app of information received from Google APIs will adhere to the Google API Services User Data Policy, including the Limited Use requirements." Data obtained from Google APIs is used solely to deliver user-facing features, is not sold, is not used to train generalized AI models, and is not disclosed to third parties except as necessary to provide the Service or where required by law. By using the TikTok integration, you acknowledge that TikTok is not a party to this Agreement and is under no obligation to provide support for the Service. By using the YouTube integration, you agree to the YouTube Terms of Service (https://www.youtube.com/t/terms) and the Google Privacy Policy (https://policies.google.com/privacy). By using the X (formerly Twitter) integration, you accept the X Developer Agreement and undertake not to use the Service for any automation prohibited by those terms.

11. Disclaimer of Warranties & Limitation of Liability

11.1 Disclaimer of Warranties

11.2 Limitation of Liability

11.3 Consumers

11.3 Consumers. The provisions of §11.1, §11.2, §21 and §22 do not apply to Users who are consumers to the extent they would limit the Provider's liability in a manner contrary to mandatory provisions of Polish law, in particular the Polish Civil Code and the Polish Act on Consumer Rights. Towards a consumer, the Provider is liable on the general principles of the Polish Civil Code, in particular for actual damage and lost benefits within the limits of normal consequence of the event (Article 361 of the Polish Civil Code). The limitation periods for consumer claims are 6 years pursuant to Article 118 of the Polish Civil Code and may not be shortened. This provision prevails over any other provision of these Terms that could limit it.

11.4 Exclusion of Statutory Warranty (B2B)

Exclusion of statutory warranty (B2B). In relation to Users who are not consumers, pursuant to Article 558 §1 of the Polish Civil Code, the parties exclude the Provider's liability under the statutory warranty for defects of the Service to the fullest extent permitted. This provision does not apply to consumers.

12. Complaints

Complaints. Complaints regarding the operation of the Service may be submitted by the User electronically to hello@mochu.io. The complaint should contain: (a) identification of the User (login or Account e-mail; for a business — company name and tax-ID/NIP), (b) a concise description of the issue and the date it occurred, (c) the requested remedy. The Provider examines complaints within 14 days of receipt; if examination requires more time, the Provider informs the User of the cause of the delay and indicates a deadline no longer than 30 days. Failure of the Provider to respond within 14 days to a consumer's complaint is deemed acceptance of the complaint in accordance with Article 7a of the Polish Act on Consumer Rights. Out-of-court resolution of consumer disputes is available through, among others, the European Commission ODR platform (https://ec.europa.eu/consumers/odr) and Polish Voivodeship Trade Inspectorates (Wojewódzkie Inspektoraty Inspekcji Handlowej).

13. Indemnification

To the maximum extent permitted by applicable law, you agree to indemnify, defend, and hold harmless ML GROUP INVEST Sp. z o.o., its directors, officers, employees, agents, and affiliates from and against any and all claims, demands, damages, losses, liabilities, costs, and expenses (including reasonable attorney fees) arising out of or in connection with:

• Your breach of these Terms or any applicable law or regulation.
• Your User Content, including any claim that it infringes third-party rights.
• Your processing of third-party personal data through the Service without proper legal basis, consent, or authorization.
• Your violation of any Third-Party Platform terms of service or policies.
• Your use or misuse of AI Features, including publication of AI-generated content.
• Any claim by a third party (including data subjects, social media users, or government authorities) arising from your use of the Service.
• Inaccurate billing data, VAT/NIP numbers, or misrepresentation of geographic location provided by you.

This indemnification obligation shall survive termination of these Terms and your Account.

14. Assumption of Risk & Acknowledgments

By using the Service, you expressly acknowledge and assume the following risks:

• Third-Party Platform dependency: The Service depends entirely on APIs provided by Third-Party Platforms. These platforms may, at any time and without notice, modify, restrict, deprecate, rate-limit, or discontinue their APIs, revoke access tokens, suspend your accounts, or change their terms of service. Any such action may render the Service partially or fully inoperable for you. The Provider has no control over Third-Party Platform decisions and assumes no liability for their consequences.
• AI output risk: AI Features generate content using machine learning models that may produce inaccurate, misleading, inappropriate, offensive, legally problematic, or factually incorrect outputs. AI-generated content may violate Third-Party Platform community guidelines, advertising policies, or applicable laws. You assume all risk associated with AI-generated content and are solely responsible for verifying its accuracy, legality, and appropriateness before use.
• Data synchronization risk: Data synchronized from Third-Party Platforms may be incomplete, delayed, or inaccurate due to API limitations, rate limits, platform outages, or token expiration. The Provider does not guarantee the completeness, accuracy, or timeliness of synchronized data.
• Advertising management risk: The Service's advertising budget automation features execute actions on your ad accounts based on rules you configure. You acknowledge that automated budget adjustments carry inherent financial risk and that the Provider shall not be liable for any advertising spend, wasted budget, campaign performance issues, or financial losses resulting from automated or manual actions taken through the Service.
• Account suspension risk: Actions taken through the Service (including automated replies, mass comment management, post publishing, or ad budget changes) may trigger Third-Party Platform spam filters, security mechanisms, or policy violations, potentially resulting in temporary or permanent suspension of your social media accounts. The Provider shall not be liable for any such suspensions.
• Business continuity risk: The Provider reserves the right to modify, suspend, or discontinue the Service (in whole or in part) at any time. While we will use reasonable efforts to provide advance notice, you should not rely on the Service as your sole business-critical tool without maintaining independent backups and alternative workflows.

15. Data Backup & User Responsibility

The Provider is not a data backup or archival service. You are solely responsible for maintaining independent backups of all your data, content, configurations, and any other materials stored within the Service.

While we implement reasonable measures to protect data integrity, we do not guarantee that data will not be lost, corrupted, or destroyed due to system failures, Third-Party Platform issues, cyberattacks, human error, or any other cause. The Provider shall not be liable for any data loss or corruption, regardless of cause.

16. No Professional Advice

The Service, including all AI Features, analytics, and recommendations, does not constitute professional, legal, financial, marketing, tax, or business advice. Any insights, metrics, suggestions, or automated actions provided by the Service are for informational purposes only and should not be relied upon as a substitute for professional consultation. The Provider shall not be liable for any decisions you make based on information or outputs provided by the Service.

17. Confidentiality & Non-Disclosure

You agree not to disclose, publish, or share any non-public information about the Service's internal systems, architecture, algorithms, pricing structures, security measures, API endpoints, or any other proprietary information obtained through your use of the Service. This obligation survives termination of these Terms.

18. Compliance, Export Controls & Sanctions

You represent and warrant that you are not located in, organized under the laws of, or a resident of any country or territory subject to comprehensive sanctions by the European Union, the United States, or the United Nations, and that you are not a person or entity listed on any applicable sanctions or restricted party list.

You agree to comply with all applicable export control laws, sanctions regulations, and trade restrictions. The Provider reserves the right to suspend or terminate your Account immediately if we have reasonable grounds to believe that providing the Service to you would violate applicable sanctions or export control laws.

You further agree not to use the Service for any activity related to money laundering, terrorist financing, fraud, or any other illegal financial activity.

19. Consent to Electronic Communications

By creating an Account, you consent to receive electronic communications from us, including service announcements, technical notices, security alerts, billing notifications, and administrative messages. You agree that all agreements, notices, disclosures, and other communications provided electronically satisfy any legal requirement that such communications be in writing. You may unsubscribe from non-essential communications, but essential service-related communications (including billing, security, and legal notices) cannot be opted out of while your Account is active.

20. Right to Monitor, Audit & Enforce

The Provider reserves the right to monitor, review, and audit your use of the Service to ensure compliance with these Terms. If we determine, in our sole discretion, that you have violated these Terms, we may take any action we deem appropriate, including but not limited to:

• Issuing a warning.
• Temporarily or permanently suspending your Account.
• Removing or disabling User Content that violates these Terms.
• Restricting access to specific features.
• Reporting your activities to Third-Party Platforms or law enforcement authorities.
• Pursuing legal remedies, including seeking injunctive relief and damages.

We may cooperate with law enforcement authorities and comply with court orders requesting or directing us to disclose the identity, behavior, or content of any user of the Service.

21. Limitation of Claims Period

To the maximum extent permitted by applicable law, any claim or cause of action arising out of or relating to these Terms or the Service must be filed within one (1) year after the cause of action arose, regardless of when you became aware of it. Claims filed after this period shall be permanently barred. This limitation does not apply where prohibited by mandatory law. This limitation does not apply to consumers; statutory limitation periods (Article 118 of the Polish Civil Code) apply to consumers.

22. Class Action Waiver

To the maximum extent permitted by applicable law, you agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. You waive any right to participate in a class action lawsuit or class-wide arbitration against the Provider. This waiver does not apply where prohibited by mandatory EU consumer protection law.

23. Beta Features & Experimental Functionality

From time to time, we may offer beta, preview, or experimental features ("Beta Features"). Beta Features are provided "AS IS" and "AS AVAILABLE" without any warranty of any kind. Beta Features may be unstable, contain bugs, cause data loss, or be discontinued at any time without notice. The Provider's liability limitations apply with even greater force to Beta Features. By using Beta Features, you accept these additional risks.

24. Termination

24.1 Termination by You

You may terminate your Account at any time by disconnecting all Connected Accounts and requesting account deletion at hello@mochu.io. Termination does not entitle you to a refund of any fees already paid, except where required by mandatory law (see Section 5.7). You remain liable for any outstanding invoices or fees incurred prior to termination.

24.2 Termination by the Provider

We may suspend or terminate your Account and access to the Service based on a reasoned assessment taking into account the nature of the breach, with appropriate notice (unless safety or legal considerations require immediate action), in particular for:

• Breach of these Terms or our Privacy Policy.
• Non-payment or overdue invoices.
• Prohibited use of the Service (see Section 7.3).
• Requests from Third-Party Platforms or law enforcement to disable your access.
• Extended periods of inactivity.
• Technical or security reasons, or if providing the Service to you becomes commercially impractical.

24.3 Effects of Termination

Upon termination: (a) your right to use the Service ceases immediately; (b) all data associated with your Account, including User Content, Connected Account data, and organization data, will be deleted within 30 days in accordance with our Data Deletion Policy, except for data we are legally required to retain (billing records, audit logs); (c) the following sections survive termination: Sections 6 (AI Disclaimers), 7.2 (Representations), 8 (Intellectual Property), 11 (Liability), 12 (Complaints), 13 (Indemnification), 14 (Assumption of Risk), 15 (Data Backup), 16 (No Professional Advice), 17 (Confidentiality), 18 (Compliance), 21 (Limitation of Claims), 22 (Class Action Waiver), 26 (Governing Law), 27 (Severability), and 28 (Miscellaneous).

25. Force Majeure

The Provider shall not be liable for any failure or delay in performing its obligations under these Terms to the extent caused by circumstances beyond the Provider's reasonable control, including but not limited to: natural disasters, acts of government or regulatory authorities, war, terrorism, civil unrest, pandemic, epidemic, strikes, power failures, Internet or telecommunications outages, cyberattacks, failures or changes by Third-Party Platforms or Sub-Processors, and any other force majeure events. The Provider's obligations shall be suspended for the duration of such events.

26. Governing Law & Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the Republic of Poland, without regard to its conflict of law provisions.

Any disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the competent courts in Poland (court having jurisdiction over the registered seat of the Provider), unless mandatory consumer protection laws provide otherwise.

For EU consumers: Nothing in this section limits your rights under Regulation (EU) No 524/2013 on online dispute resolution. The European Commission provides an online dispute resolution platform at https://ec.europa.eu/consumers/odr. We are not obliged and generally not willing to participate in dispute resolution proceedings before a consumer arbitration board, but we may choose to do so on a case-by-case basis.

For non-EU/EEA users purchasing through Paddle: Disputes related to payment processing, refunds, or billing are governed by Paddle's terms and should be directed to Paddle.

27. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving its original intent and economic effect.

28. Miscellaneous

28.1 Entire Agreement

These Terms, together with the Privacy Policy and the Data Deletion Policy, constitute the entire agreement between you and the Provider regarding the use of the Service and supersede all prior agreements, understandings, and communications (whether oral or written) relating to the subject matter hereof.

28.2 Assignment

You may not assign or transfer your rights or obligations under these Terms without the Provider's prior written consent. The Provider may assign these Terms in whole or in part to any successor entity, affiliate, or in connection with a merger, acquisition, or sale of all or substantially all of its assets without your consent, provided that such assignment does not materially diminish your rights under these Terms.

28.3 Waiver

The failure of the Provider to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by the Provider to be effective.

28.4 Notices

Notices to the Provider should be sent to hello@mochu.io. Notices to you will be sent to the email address associated with your Account. Notices are deemed received when sent, if delivered by email, or when posted on the Service.

28.5 No Third-Party Beneficiaries

These Terms do not confer any rights or remedies on any third party, except as expressly stated herein. Paddle's rights as Merchant of Record are governed by separate agreements between the Provider and Paddle.

28.6 Headings

Section headings in these Terms are for convenience only and shall not affect the interpretation of these Terms.

28.7 Independent Contractor

The relationship between you and the Provider is that of independent parties. Nothing in these Terms creates any partnership, joint venture, agency, franchise, fiduciary, or employment relationship between you and the Provider. Neither party has the authority to bind the other or to incur obligations on the other's behalf.

28.8 Cumulative Remedies

The rights and remedies of the Provider under these Terms are cumulative and not exclusive of any other rights or remedies available at law or in equity. The exercise of one remedy does not preclude the exercise of any other remedy.

28.9 Language

These Terms are drafted in English. In the event of any conflict between the English version and any translation, the English version shall prevail, unless prohibited by mandatory law.

29. Changes to These Terms

We reserve the right to modify these Terms at any time. When we make material changes, we will update the "Last updated" date at the top of this page and notify you by email or through a prominent notice within the Service at least 14 days before the changes take effect.

Your continued use of the Service after the effective date of any changes constitutes your acceptance of the updated Terms. If you do not agree with the changes, you must stop using the Service and request account deletion per Section 24.1.

30. Contact

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

• ML GROUP INVEST Sp. z o.o.
• ul. Adama Mickiewicza 83, 48-100 Głubczyce, Poland
• NIP: 7481587576 | KRS: 0000179753 | REGON: 381683570
• Email: hello@mochu.io
• Website: mochu.io

These Terms of Service have been prepared in accordance with Polish law, EU Directive 2011/83/EU (Consumer Rights Directive), Regulation (EU) 2016/679 (GDPR), and EU Regulation No 524/2013 (ODR Regulation).