From aa7941d20173361443c0f9065e208687195922ab Mon Sep 17 00:00:00 2001 From: Z User Date: Thu, 16 Jul 2026 22:34:53 +0000 Subject: [PATCH] Update EULA: add Image Generator/Autonomous Agent definitions, expanded sections 6-9, mediation clause, July 2 date --- index.html | 54 ++++++++++++++++++++++++++++++++++++++++++++++++++++-- 1 file changed, 52 insertions(+), 2 deletions(-) diff --git a/index.html b/index.html index a173871..1f88e3d 100755 --- a/index.html +++ b/index.html @@ -972,7 +972,7 @@

End User License Agreement

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Effective Date: January 1, 2026 • Last Updated: June 23, 2026

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Effective Date: January 1, 2026 • Last Updated: July 2, 2026

IMPORTANT: By downloading, installing, or using the Moxie Desktop Application, you agree to be legally bound by this End User License Agreement ("EULA"). If you do not agree, do not download, install, or use the Application.

1. Eligibility

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  • "MoxieGen" — MoxieGen Business Group (or its affiliates/successors), the developer and distributor of the Application.
  • "Device" — The physical hardware (computer, phone, or tablet) on which you install and run the Application.
  • "Content" — Any text, code, data, files, or other material you submit as input or receive as output from the Application.
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  • "Image Generator" — Any feature or functionality within the Application (whether processed locally or via Moxie-Server) that generates, creates, renders, or produces visual images, artwork, graphics, or other visual content based on user prompts or inputs.
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  • "Autonomous Agent" or "Agent" — The persistent, 24/7 autonomous AI agent feature within the Application that can observe, plan, and execute tasks over extended periods. The Agent may interact with your Device, local files, networks, applications, browsers, external services, or APIs as directed or permitted by you.
  • 3. Limited License

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    Local Inference Independence: Local Inference is performed entirely on your Device. MoxieGen does not access, collect, or transmit any data processed during Local Inference. Your locally processed inputs and outputs remain on your Device at all times.

    Hybrid Inference and Moxie-Server: When the Application offloads a heavy task to Moxie-Server, only the specific data required for that task is transmitted. Moxie-Server processing is governed by this EULA and MoxieGen's Privacy Policy. Access to Moxie-Server is provided at MoxieGen's sole discretion and may be modified, limited, or revoked as described in Section 11.

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    The Image Generator and Autonomous Agent features are included under this license only to the extent you fully comply with all terms of this EULA, particularly the Acceptable Use rules in Section 6.

    4. Usage Limits

    Local Inference on your Device is not subject to query limits imposed by MoxieGen. However, MoxieGen reserves the right to impose, modify, suspend, or enforce usage limits on Hybrid Inference tasks processed through Moxie-Server (including query limits, data processing limits, or any other restrictions) at any time as described in Section 11. You agree not to attempt to circumvent any technical measures or use automated tools to exceed applicable server-side limits.

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    Local Inference Content: As between you and MoxieGen, you retain full and exclusive ownership of all inputs and outputs processed via Local Inference. MoxieGen does not receive, access, collect, or store any Content processed during Local Inference. No license grant to MoxieGen applies to locally processed Content.

    Hybrid Inference Content: For tasks offloaded to Moxie-Server, you retain ownership of your inputs and the outputs generated for you. By submitting data to Moxie-Server, you grant MoxieGen a limited license to process that specific data solely for the purpose of completing the requested task. MoxieGen will not use your Moxie-Server inputs or outputs to train models, except where anonymized and aggregated data may be used for safety and service improvement as described in the Privacy Policy.

    Feedback: Any suggestions, ideas, or feedback you voluntarily provide regarding the Application are assigned to MoxieGen and may be used without compensation or attribution.

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    You retain ownership of images generated by the Image Generator and of actions/outputs produced by the Autonomous Agent. However, you are solely responsible for all such Content and actions.

    6. Acceptable Use and Prohibited Conduct

    You may use the Application only for lawful, personal purposes. You agree not to:

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    MoxieGen may monitor server-side usage and refuse or block any Hybrid Inference query that violates this section.

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    Image Generator — Specific Prohibitions

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    You must not use, or attempt to use, the Image Generator to create, request, or distribute any visual content that:

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    You are prohibited from engineering prompts or using any workarounds intended to generate prohibited content.

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    Autonomous Agent — Specific Prohibitions

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    You must not use, direct, or permit the Autonomous Agent to:

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    You are solely and exclusively responsible for all prompts, instructions, and permissions you provide to the Image Generator or Autonomous Agent, for all images generated, and for all actions taken by the Autonomous Agent (which are deemed to be your actions). You must review, approve, monitor, and mitigate any outputs or consequences.

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    7. Intellectual Property

    MoxieGen (or its licensors) owns all right, title, and interest in the Application, the Moxie AI model, underlying technology, interfaces, trademarks, and all related intellectual property. Nothing in this EULA transfers any ownership rights to you.

    8. Disclaimers and AI-Specific Warnings

    The Application is provided "AS IS" and "AS AVAILABLE" without warranties of any kind. MoxieGen disclaims all warranties, express or implied, including accuracy, completeness, reliability, non-infringement, merchantability, or fitness for a particular purpose. MoxieGen does not guarantee uninterrupted Local Inference, error-free operation, or specific performance levels on any Device.

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    AI-Specific Warnings:

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    Image Generator Warnings:

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    Autonomous Agent Warnings:

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    9. Limitation of Liability

    To the maximum extent permitted by law, MoxieGen shall not be liable for any indirect, incidental, special, consequential, or punitive damages (including lost profits, data loss, or reputational harm) arising from your use of the Application, even if advised of the possibility. In no event shall MoxieGen's total liability exceed the greater of (a) $100 USD or (b) the total fees you paid for the Application (which is zero for this free tier). These limitations apply regardless of the legal theory (contract, tort, negligence, strict liability, etc.).

    Without limiting the foregoing, MoxieGen shall have no liability for claims arising from or related to the exercise of its rights under Section 11, including changes to Moxie-Server access, imposition of usage limits, or any resulting impact on Hybrid Inference functionality.

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    Without limiting the generality of the foregoing, MoxieGen shall have no liability for any claims, damages, losses, or liabilities arising out of or related to:

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    10. Indemnification

    You agree to indemnify, defend, and hold harmless MoxieGen, its officers, directors, employees, and affiliates from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to your use of the Application, any Content you submit or generate, your violation of this EULA or applicable law, or any third-party claims regarding your inputs, outputs, or actions.

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    This indemnification expressly covers claims arising from images generated by the Image Generator and from any actions taken by the Autonomous Agent, including third-party claims for damage to their systems, data, economic interests, or any other harm caused by the Agent.

    11. Termination, Suspension, and Server Access

    MoxieGen reserves the right, at any time and for any reason, to terminate your license to use the Application. Upon termination, you must uninstall the Application and cease all use.

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    Local Inference After Termination: If your license is terminated or Moxie-Server access is revoked, Local Inference capabilities that are already installed on your Device will continue to function for a reasonable transition period as determined by MoxieGen, after which you must uninstall the Application. This provision does not grant any perpetual right to continued use.

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    Local Inference After Termination: If your license is terminated or Moxie-Server access is revoked, Local Inference capabilities that are already installed on your Device will continue to function for a limited transition period as determined by MoxieGen, after which you must uninstall the Application. This provision does not grant any perpetual right to continued use.

    Moxie-Server Access: MoxieGen reserves the sole and absolute right, at any time and without liability, to suspend, restrict, limit, or revoke your access to Moxie-Server for Hybrid Inference. Without limiting the generality of the foregoing, MoxieGen may: