Comprehensive Terms of Service
Effective Date: March 22, 2026
PLEASE READ THESE TERMS CAREFULLY. THEY CONTAIN A STRICT BINDING ARBITRATION CLAUSE, A CLASS ACTION WAIVER, AND A STATUTE OF LIMITATIONS THAT SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS.
1. Acceptance of Terms
By accessing, registering for, downloading, or using the MoshiMoshi platform, mobile application, or AI-powered concierge services (collectively, the "Service"), you agree to be bound by these Terms of Service ("Terms") and our Privacy Policy. If you do not agree, you must immediately cease all use of the Service. You represent that you are at least 18 years of age and legally competent to enter into this agreement.
2. The Service & Assumption of AI and Telephony Risk
MoshiMoshi operates an artificial intelligence software service designed to place outbound telephone calls and negotiate restaurant reservations on your behalf. You acknowledge and explicitly agree that:
- AI Unpredictability: The Service utilizes third-party Large Language Models (LLMs) and Text-to-Speech (TTS) systems which may hallucinate, misinterpret instructions, or provide inaccurate information to you or third parties.
- No Guarantee of Booking: MoshiMoshi does not guarantee that any reservation attempt will be successful, accepted by the restaurant, or accurately recorded.
- Financial Risk for "No-Shows": If the AI secures a reservation and you fail to attend, or if the AI secures the wrong time/date and you are penalized by the restaurant, MoshiMoshi is strictly not liable for any cancellation fees, penalties, deposits, or subsequent travel costs incurred.
- Call Recording Laws: You authorize MoshiMoshi to place automated calls on your behalf. You understand that local, state, and international laws (such as two-party consent laws) regarding call recording and automated dialing vary. You assume all legal liability and burden for ensuring that initiating an automated proxy call to your designated restaurant is lawful in both your jurisdiction and the recipient's jurisdiction.
3. Disclaimers and No Warranties
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. MOSHIMOSHI EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED 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 ACCURATE.4. Limitation of Liability
IN NO EVENT SHALL MOSHIMOSHI, ITS FOUNDERS, DIRECTORS, EMPLOYEES, AFFILIATES, OR FUNDERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST DATA, TRAVEL EXPENSES, OR EMOTIONAL DISTRESS ARISING OUT OF YOUR USE OF THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, MOSHIMOSHI’S TOTAL LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) THE AMOUNT ACTUALLY PAID BY YOU TO MOSHIMOSHI IN THE THREE (3) MONTHS PRIOR TO THE ACCRUAL OF THE CLAIM, OR (B) FIFTY US DOLLARS ($50.00).5. Indemnification
You agree to fully defend, indemnify, and hold harmless MoshiMoshi, its affiliates, investors, and licensors from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to: (a) your violation of these Terms; (b) your use, or misuse, of the Service; (c) your violation of any third-party right, including any intellectual property or privacy right; (d) any dispute between you and a restaurant or third party regarding a booking, refund, or deposit; or (e) any violation of local telecommunications and call-recording laws triggered by your request to initiate a proxy call.
6. Dispute Resolution, Arbitration, and Class Action Waiver
Please read this section carefully. It affects your legal rights and governs how disputes are resolved.
- Binding Arbitration: Any and all disputes, claims, or controversies arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof shall be settled exclusively by final and binding individual arbitration, rather than in court.
- Class Action Waiver: YOU AND MOSHIMOSHI 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, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING.
- No Jury Trial: If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial.
- Statute of Limitations: You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Service or these Terms must be filed within SEVEN (7) DAYS after such claim or cause of action arose or be forever and permanently barred.
7. Prohibited Conduct
You agree not to: (a) Use the AI agent to harass, spoof, prank call, or otherwise abuse businesses or individuals; (b) Provide false identities or fraudulent payment details; (c) Reverse engineer, decompile, or attempt to extract the source code of the Service; (d) Use the platform in any manner that violates applicable local, state, or international laws.
8. Service Fees, Payments, and No Refunds
All fees paid for successful bookings, subscriptions, or credit packages are strictly non-refundable under any circumstances. If a restaurant cancels your reservation after our AI has successfully completed the booking, MoshiMoshi is under no obligation to refund the service fee.
9. Force Majeure
MoshiMoshi shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials, or catastrophic failures of third-party infrastructure (such as widespread AWS, OpenAI, or Twilio outages).
10. Governing Law & Severability
These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without giving effect to any principles of conflicts of law. If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
By checking the terms box upon account creation or utilizing the MoshiMoshi application, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service in their entirety forever.