These Terms set out the rules for using the Mocene platform. Clients with a signed Order are also covered by that Order, which takes priority where the two differ.
01Agreement
These Terms of Service ("Terms") govern access to and use of the Mocene platform and related services ("Services") provided by Mocene Tech, Ltd. ("Mocene"). Where a Client has signed an order form, master agreement or other written contract with Mocene ("Order"), that Order applies together with these Terms, and the Order prevails if they conflict. By using the Services you agree to these Terms on behalf of yourself and the organisation you represent.
02Accounts and access
- Access is provided to the Client and the users it authorises. The Client is responsible for its users' activity and for keeping user lists current.
- Users must keep credentials confidential, use two-step verification where enabled, and tell us promptly about any unauthorised access.
- Accounts are for named individuals and may not be shared.
03Acceptable use
You agree not to:
- use the Services in breach of any law or third-party rights;
- upload malicious code or attempt to gain unauthorised access to the Services or other accounts;
- probe, scan or test the vulnerability of the Services, or use automated tools or AI agents against them, except as permitted in Section 04;
- interfere with the performance or availability of the Services; or
- copy, resell, reverse engineer or build a competing product from the Services, except where the law expressly permits it.
04Security testing and automated access
The Services are a production environment shared with other Clients. Unannounced testing can disrupt service, trigger security incidents and expose other Clients' data, so the following rules apply.
- No automated access without authorisation. You may not use bots, scripts, crawlers, AI agents, autonomous or agentic tools, or any other automated means to access, browse, interact with, scrape, test or extract data from the Services, except through interfaces we document for that purpose or with our prior written authorisation.
- Security testing requires advance written approval. Penetration tests, vulnerability scans, load or stress tests, and any similar assessment, whether manual or carried out with automated or AI tools, require our written approval at least ten (10) business days before the test. The request must state the scope, time window, source IP addresses, tools and test accounts to be used, and the person responsible. Testing may only take place within the approved scope and window.
- Agents act on your behalf. Any action taken by an automated tool or AI agent using your or your users' credentials, or operated by you or your contractors, is treated as your action under these Terms.
- Findings and disclosure. If you discover a vulnerability, by testing or otherwise, you must report it promptly to [email protected], must not exploit it or access data beyond what is needed to demonstrate it, and must keep it confidential until we have had a reasonable opportunity to fix it. Test reports concerning the Services are our Confidential Information.
- Our response. We may block, throttle or suspend any unauthorised automated access or testing immediately and without notice. The Client is responsible for any damage, service disruption, incident-response costs or third-party claims caused by testing or automated access that does not comply with this section.
- No model training or replication. You may not use the Services, their output or their documentation to train or fine-tune AI models, or to benchmark, copy or build a competing product, without our prior written consent.
05Client Data
The Client keeps all rights in the documents, records and information it and its users submit ("Client Data"). The Client grants Mocene a limited licence to host, process and display Client Data only as needed to provide and support the Services. The Client is responsible for the lawfulness of Client Data and for having the rights and consents needed to submit it. Our handling of personal information is described in our Privacy Policy.
06Our intellectual property
Mocene and its licensors own the Services, software, documentation and all related intellectual property. Except for the access rights granted in these Terms or an Order, no rights are transferred. If you send us feedback or suggestions, we may use them without obligation to you.
07Fees
Fees, billing periods and payment terms are set out in the applicable Order. Unless the Order says otherwise, fees are non-refundable and exclude taxes, which the Client is responsible for paying. We may suspend access for invoices that remain unpaid after written notice.
08Service availability and support
We use commercially reasonable efforts to keep the Services available and to perform scheduled maintenance with advance notice where practical. Any service-level commitments and support terms are those stated in the Client's Order.
09Confidentiality
Each party will protect the other's non-public business, technical and financial information with at least reasonable care, use it only to perform under these Terms, and disclose it only to people who need to know it and are bound by similar obligations. These duties do not apply to information that is public, already known, independently developed or lawfully received from a third party.
10Term, suspension and termination
These Terms apply for as long as you use the Services or as set out in the Order. Either party may terminate for the other's material breach that is not cured within 30 days of written notice. We may suspend access immediately where needed to prevent harm to the Services or other users. After termination, Client Data will be made available for export for a reasonable period and then deleted, unless the Order provides otherwise.
11Warranties and disclaimers
Except as expressly stated in an Order, the Services are provided "as is" and "as available". To the fullest extent permitted by law, Mocene disclaims all other warranties, express or implied, including merchantability, fitness for a particular purpose and non-infringement. We do not warrant that the Services will be uninterrupted or error-free.
12Limitation of liability
To the fullest extent permitted by law, neither party will be liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue or data, even if advised of the possibility. Each party's total liability arising out of these Terms will not exceed the fees paid or payable by the Client for the Services in the twelve months before the event giving rise to the claim. These limits do not apply to the Client's payment obligations or to liability that cannot be limited by law.
13Indemnification
The Client will defend and indemnify Mocene against third-party claims arising from Client Data or from the Client's or its users' breach of these Terms. Mocene will defend and indemnify the Client against third-party claims that the Services, as provided by Mocene, infringe that third party's intellectual property rights.
14Governing law
These Terms are governed by the laws of the State of Illinois, United States, without regard to its conflict-of-laws rules. The state and federal courts located in Illinois have exclusive jurisdiction over any dispute arising from these Terms, and each party consents to that jurisdiction.
15General
We may update these Terms, and the effective date above shows when they last changed; material changes will be notified to Clients in advance. Neither party may assign these Terms without the other's consent, except to a successor in a merger or sale of substantially all of its business. If any provision is unenforceable, the rest remains in effect. These Terms, together with any Order, are the entire agreement on their subject. Contact: [email protected].