Terms of Service

1. Agreement to Terms

These Terms of Service (Terms) constitute a legally binding agreement between you (User, you, or your) and MockingBird AI Inc. (MockingBird, we, us, or our) governing your access to and use of the MockingBird AI platform, including our website at mockingbirdai.app, mobile applications, APIs, and all related services (collectively, the Service).

By accessing or using our Service, you agree to be bound by these Terms. If you disagree with any part of these Terms, you may not access the Service. If you are using the Service on behalf of a company or organization, you represent that you have authority to bind that entity to these Terms.

2. Eligibility

You must be at least 18 years old (or the age of majority in your jurisdiction) to use the Service. By using the Service, you represent and warrant that you meet these eligibility requirements. If you are using the Service on behalf of an organization, you represent that you are authorized to accept these Terms on behalf of that organization.

3. User Accounts

3.1 Account Creation

To access certain features of the Service, you must create an account. You agree to provide accurate, current, and complete information during registration and to update such information as necessary. You are responsible for safeguarding your account credentials and for all activities that occur under your account.

3.2 Account Security

You must immediately notify us of any unauthorized use of your account or any other security breach. We will not be liable for any loss or damage arising from your failure to maintain the security of your account credentials.

4. The Service

4.1 Service Description

MockingBird AI provides AI-powered design tools including, but not limited to, image generation, product mockup creation, video generation, background removal, and related creative services. The specific features available to you depend on your subscription plan.

4.2 Service Modifications

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, including features, pricing, or availability. We will provide reasonable notice of material changes when possible. Continued use of the Service after changes constitutes acceptance of those changes.

4.3 Credits and Usage

Certain features of the Service require credits or are subject to usage limits based on your subscription plan. Credits expire according to the terms of your plan. Unused credits are non-refundable and non-transferable unless otherwise specified.

5. Intellectual Property Rights

5.1 Your Content

You retain full ownership of all content you create using MockingBird AI. This includes images, videos, mockups, and any other materials generated through your use of the Service (User Content). You may use, sell, license, or distribute your User Content for any lawful purpose, including commercial use, without any additional fees or royalties to MockingBird.

5.2 License to MockingBird

By using the Service, you grant MockingBird a limited, non-exclusive, worldwide license to process, store, and display your User Content solely for the purpose of providing and improving the Service. This license terminates when you delete your content or account, except for content in backup systems which will be deleted in the ordinary course.

5.3 MockingBird's Intellectual Property

The Service, including its underlying technology, AI models, software, design, and all related intellectual property, is owned by MockingBird and protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of our Service or technology without our written permission.

5.4 AI Training

We do not use your User Content to train our AI models unless you explicitly opt-in to our optional training program. Any participation in AI training is voluntary and subject to separate terms.

6. Acceptable Use

You agree not to use the Service to:

• Generate content that is illegal, harmful, threatening, abusive, harassing, defamatory, or otherwise objectionable
• Create deepfakes or misleading content of real individuals without their consent
• Generate child sexual abuse material (CSAM) or any content sexualizing minors
• Infringe upon intellectual property rights of others
• Create content promoting violence, discrimination, or hatred
• Attempt to reverse engineer, decompile, or extract our AI models
• Use automated means to access the Service beyond approved APIs
• Circumvent any usage limits, security measures, or access controls
• Resell access to the Service without authorization

Violation of these policies may result in immediate account termination without refund.

7. Payment Terms

7.1 Subscription Plans

Paid features are available through various subscription plans. Prices are listed on our pricing page and may change with 30 days notice. All prices are in USD unless otherwise specified.

7.2 Billing

Subscriptions are billed in advance on a monthly or annual basis, depending on your selected plan. By providing payment information, you authorize us to charge your payment method for all fees incurred.

7.3 Refunds

Annual subscriptions are eligible for a full refund within 14 days of purchase if no credits have been used. Monthly subscriptions are non-refundable. Refund requests should be submitted to billing@mockingbirdai.app.

7.4 Cancellation

You may cancel your subscription at any time. Cancellation takes effect at the end of the current billing period. You will retain access to paid features until that time.

8. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that the Service will be uninterrupted, error-free, or secure. AI-generated content may contain inaccuracies or errors. You are responsible for reviewing and validating all generated content before use.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MOCKINGBIRD SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR GOODWILL, ARISING FROM YOUR USE OF THE SERVICE.

Our total liability for any claims arising from these Terms or your use of the Service shall not exceed the amount you paid to MockingBird in the twelve (12) months preceding the claim.

10. Indemnification

You agree to indemnify and hold harmless MockingBird and its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorneys' fees) arising from your use of the Service, your User Content, or your violation of these Terms.

11. Termination

We may terminate or suspend your account immediately, without prior notice, for conduct that we determine violates these Terms, is harmful to other users, or is otherwise inappropriate. You may terminate your account at any time by contacting support or through your account settings.

Upon termination, your right to use the Service ceases immediately. Provisions that by their nature should survive termination will survive, including ownership provisions, warranty disclaimers, and limitations of liability.

12. Governing Law and Disputes

These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict of law principles. Any disputes arising from these Terms or the Service will be resolved through binding arbitration in accordance with the American Arbitration Association's rules, except that either party may seek injunctive relief in any court of competent jurisdiction.

13. Changes to Terms

We may update these Terms from time to time. We will notify you of material changes by email or through the Service at least 30 days before they take effect. Your continued use of the Service after changes become effective constitutes acceptance of the new Terms.

14. Contact Information

For questions about these Terms, please contact us at:

• Email: legal@mockingbirdai.app
• Website: mockingbirdai.app/contact