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Terms of Service

Last updated: 7/16/2026

These Terms of Service ("Terms") form a binding agreement between you ("Customer," "you," or "your") and MoldMind LLC ("MoldMind," "we," "us," or "our"), a Connecticut limited liability company with offices at 2389 Main Street, Suite 100, Glastonbury, CT 06033, United States. They govern your access to and use of the MoldMind platform and any related websites, applications, APIs, and services we make available (collectively, the "Service"). By creating an account, signing in, or otherwise using the Service, you agree to these Terms.

If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization, and "you" refers to both you and that organization.

1. Definitions

  • "Account" means the user record we create for you when you register for the Service.
  • "Affiliate" means any entity that controls, is controlled by, or is under common control with a party.
  • "Customer Content" means any data, files, photos, audio, text, lab results, scanned documents, voice memos, structured field data, or other material that you or your users upload to or generate through the Service, including the inputs you provide for AI-assisted report generation.
  • "Documentation" means the user-facing documentation we make available for the Service.
  • "Inspector" means a natural person who has been authorized by you to use the Service under your subscription.
  • "Output" means AI-generated content produced by the Service from Customer Content, including draft narratives, classifications, transcriptions, and extracted structured data.
  • "Report" means a finalized, inspector-approved inspection report rendered as a PDF or other document by the Service.
  • "Subscription" means your paid or free-tier right to use the Service for a defined billing period.

2. Service Description

MoldMind provides AI-assisted report generation tools for mold inspection professionals. The Service enables Inspectors to upload field data — including photos, voice memos, lab results, and scanned forms — and receive structured, standards-referenced draft inspection reports.

Reports are AI-assisted professional work product. The subscribing Inspector is solely responsible for reviewing each draft, confirming accuracy, correcting Output, and exercising independent professional judgment before any Report is finalized or delivered to a third party. We do not auto-send Reports. Nothing in the Service constitutes legal, medical, environmental, or other professional advice from MoldMind.

MoldMind is a software vendor and does not perform inspections, render professional opinions, or hold itself out as a licensed inspection professional. The professional services performed in connection with any inspection are exclusively yours. MoldMind is not, and is not acting as, your employer, partner, agent, joint venturer, professional advisor, or supervising professional.

The Service is intended for use by qualified inspection professionals and the organizations that employ or contract with them. The Service is not intended for, and must not be relied upon by, consumers acting in a personal capacity to diagnose or remediate environmental hazards.

3. Account Registration and Eligibility

You must provide accurate, current, and complete information when registering and keep it updated. You are responsible for safeguarding your credentials and for all activity that occurs under your Account. You must notify us promptly at security@moldmindai.com if you suspect unauthorized access.

You represent that you (a) are at least 18 years old, (b) have the legal authority to enter into these Terms, (c) hold all licenses, certifications, and registrations required by your jurisdiction to perform the inspection work the Service is being used to support, (d) maintain professional liability and errors-and-omissions insurance appropriate to your inspection practice and in commercially reasonable amounts for your jurisdiction, and (e) are not located in, or a national of, a country subject to U.S. government embargo or designated by the U.S. government as a "terrorist supporting" country, and are not listed on any U.S. government list of prohibited or restricted parties.

You must notify MoldMind promptly if any license, certification, or registration required for your inspection practice is suspended, revoked, expired, or otherwise lapses. We may suspend or terminate the Service if your professional credentials lapse.

4. Subscription, Renewal, and Cancellation

Subscriptions begin on the date you first activate a paid plan or accept a free trial and continue for the term you selected (monthly or annual). Paid Subscriptions automatically renew at the end of each billing period at the then-current price for the same plan length unless you cancel before the renewal date. Free trials do not auto-renew and do not auto-convert to a paid Subscription. Because no payment method is on file during a free trial, a free trial does not result in any automatic charge — it simply ends when its trial period expires unless you affirmatively upgrade by adding a payment method and activating a paid Subscription. You can cancel at any time via Settings → Billing. Cancellation takes effect at the end of your current paid billing period; the Service remains available until that date.

For annual Subscriptions, where required by law (including Connecticut Public Act 25-44, effective July 1, 2026), we will send an annual reminder email at least thirty (30) days before each renewal that identifies the services subject to renewal, the means to prevent renewal, and the frequency and amount of charges.

We may, at our discretion, provide a read-only export window after cancellation. The duration and availability of any post-cancellation export window is in our sole discretion and may vary. You should export any Customer Content or finalized Reports you wish to retain during your active Subscription. After cancellation, we may delete your Account and associated Customer Content per our Privacy Policy and Section 19 below.

5. Fees, Taxes, and Payment

You agree to pay all fees for your Subscription at the rates published on our pricing page or as otherwise agreed in a written order form. Fees are quoted exclusive of taxes. You are responsible for all sales, use, value-added, withholding, excise, and similar taxes assessed on your purchase, except for taxes based on our net income. If we are required to collect such taxes, we will add them to your invoice.

Fees are billed in advance and are non-refundable except as expressly stated in these Terms or as required by applicable law. Payments not received when due may accrue late interest at the lesser of 1.5% per month or the maximum rate permitted by law, and we may suspend the Service for non-payment after providing reasonable notice.

Collection costs. If MoldMind retains counsel, a collection agency, or other third parties to collect any amounts owed to us under these Terms, you will reimburse our reasonable attorneys' fees, court costs, collection-agency fees, and related expenses in addition to the unpaid amount.

We may change our Subscription fees at any time. Any change to the fee for your current plan will take effect on your next renewal date and we will give you at least thirty (30) days' advance notice via email or in-Service notice. Your continued use of the Service after a fee change takes effect constitutes acceptance of the revised fee. If you do not agree to a fee change, your sole remedy is to cancel the Subscription before the change takes effect.

6. Acceptable Use

Your use of the Service is subject to our Acceptable Use Policy ("AUP"), incorporated into these Terms by reference. The AUP prohibits, among other things, misuse of the Service, attempts to manipulate or extract proprietary AI prompts or model behavior, abuse of usage limits, and use of the Service in violation of applicable law. A violation of the AUP is a material breach of these Terms.

7. Customer Content and License Grant to MoldMind

You retain all rights, title, and interest in and to your Customer Content. Nothing in these Terms transfers ownership of Customer Content to us.

You grant MoldMind a worldwide, non-exclusive, royalty-free license to host, store, copy, transmit, display, process, transform, and create derivative works of Customer Content as necessary to (a) provide and operate the Service for you, (b) generate and deliver Output and Reports back to you, (c) maintain and improve the security, reliability, and performance of the Service, and (d) comply with applicable law and respond to lawful government requests. Separately, (e) you authorize MoldMind to create aggregated and de-identified data from Customer Content, which MoldMind owns and may use for any lawful purpose as described in Section 8 (and which is not limited to use in connection with the Service).

You represent and warrant that (a) you own or have all necessary rights to upload the Customer Content and grant the license above, (b) the Customer Content does not infringe or violate the intellectual property, privacy, publicity, or other rights of any third party, (c) the Customer Content is accurate, lawfully obtained, and not in violation of any non-disclosure or contractual obligation, and (d) the Customer Content does not contain malware, viruses, ransomware, worms, or other harmful or malicious code. You are solely responsible for the Customer Content and the consequences of submitting it to the Service.

8. Aggregated and De-identified Data

8.1 Creation of De-identified Data. We may create aggregated and de-identified data derived from your use of the Service and from Customer Content (the "De-identified Data"), using commercially reasonable measures intended to prevent re-identification. De-identified Data does not identify you, your Inspectors, your customers, or any individual property.

8.2 Ownership. As between you and MoldMind, MoldMind solely and exclusively owns all right, title, and interest in and to the De-identified Data, including all derivative works, compilations, models, and aggregations we create from it. You hereby assign to MoldMind, and grant MoldMind a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, sublicensable, and transferable license to, any rights you may have in the De-identified Data, to the extent any such rights are deemed to vest in you.

8.3 Use for Any Lawful Purpose. MoldMind may use, reproduce, modify, distribute, exploit, commercialize, and otherwise deal with the De-identified Data for any lawful purpose, without obligation or compensation to you, including without limitation: (a) operating, improving, securing, benchmarking, and developing the Service; (b) producing aggregated insights (such as industry trends, regional patterns, and benchmarks); (c) developing, training, and improving models, machine-learning systems, and artificial-intelligence systems, whether or not related to the Service; (d) creating, marketing, and selling standalone products and services based on or incorporating the De-identified Data; and (e) licensing, selling, or otherwise transferring the De-identified Data to third parties. The foregoing rights are not limited to use in connection with the Service.

8.4 No Longer Customer Content or Personal Data. Once data has been de-identified in accordance with this Section 8, it ceases to be "Customer Content" (as defined in Section 7) or personal data, and it is not subject to any access, correction, deletion, erasure, or portability right that would otherwise apply to Customer Content or personal data. We will use commercially reasonable measures intended to prevent re-identification of De-identified Data.

8.5 Survival of Deletion. The De-identified Data is retained and remains owned and usable by MoldMind on a perpetual basis, and survives the termination of your Subscription, the deletion of your Account, and any deletion, erasure, or other data-removal request you, an Inspector, or any data subject may make. Honoring a deletion or erasure request removes identifiable Customer Content and personal data from the live Service as described in the Privacy Policy; it does not require MoldMind to delete, and MoldMind will not be required to delete, any De-identified Data already created.

We do not commit to deliver any specific aggregation product, and any aggregation or De-identified Data we create may change over time.

9. MoldMind IP, License to You, and Restrictions

The Service, the Documentation, our trademarks and branding, our software, prompts, model configurations, schemas, templates, user interfaces, and all related intellectual property are and remain the sole property of MoldMind and our licensors. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable right during your Subscription to access and use the Service for your internal business purposes.

You will not, and will not permit any third party to: (a) reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, model weights, prompts, or underlying structure of the Service, except to the extent this restriction is prohibited by applicable law; (b) modify, translate, or create derivative works of the Service; (c) sell, resell, sublicense, lease, lend, distribute, or otherwise commercially exploit the Service, except as expressly permitted by us in writing; (d) use the Service to build, train, or improve any competing product, service, or AI model; (e) circumvent or attempt to circumvent any usage limits, technical measures, rate limits, or access controls; (f) scrape or use automated means to extract data from the Service other than via APIs we expressly provide; (g) remove or obscure any proprietary notices; or (h) use the Service in violation of applicable law or to infringe or violate the rights of any person.

10. Use of Output

As between you and MoldMind, you may use Output without restriction for your internal business purposes and may incorporate it into Reports that you deliver to your clients, subject to the restrictions in Section 9.

MoldMind makes no representation as to the copyrightability, originality, or third-party-claim status of any Output. Current United States copyright authority indicates that purely AI-generated content is not eligible for copyright protection, and Output may be substantially similar to output generated for other customers from similar inputs. You acknowledge that (a) you should not assume Output is copyrightable to you, (b) other customers may receive substantially similar Output, and (c) MoldMind retains all rights in the underlying Service, prompts, schemas, templates, and model configurations from which Output is generated.

11. Feedback

If you submit ideas, suggestions, requests, or feedback regarding the Service ("Feedback"), you grant MoldMind a perpetual, irrevocable, worldwide, royalty-free, sublicensable, transferable license to use, exploit, and incorporate the Feedback into the Service for any purpose, without obligation or compensation to you. Feedback is provided voluntarily and is not Customer Content.

12. AI-Assisted Output Snapshot

When you approve and finalize a Report, the Service captures a point-in-time snapshot of the structured data underlying that Report. Once snapshotted, the Report's content reflects the data as it existed at finalization — subsequent changes to source records (photos, lab samples, moisture readings, voice transcripts, document extractions) do not retroactively alter the finalized Report. This snapshot is the contract: it is what you, your client, and any third party may rely upon as the authored output. If you need to reflect updated information, you must generate a new Report.

Source-data discretion. MoldMind may, at our discretion, retain a snapshot copy of source data referenced in a finalized Report, or rely on the live source records, in each case as we determine is appropriate for Service operation. We make no commitment to retain or to delete source data referenced in finalized Reports beyond the retention obligations in the Privacy Policy. If source data is deleted, the corresponding references in a finalized Report may not render and you are responsible for regenerating the Report from then-available data.

13. Backup and Recovery

We maintain regular automated backups of customer data per the underlying database and storage providers' published policies. Backup retention windows and restore capabilities are subject to those provider policies, which we may change as we change providers or plan tiers. We do not commit to any specific recovery time objective, recovery point objective, or data restoration timeline beyond the underlying provider's then-current policies. You remain responsible for maintaining your own export copies of any Customer Content or Reports you cannot afford to lose.

14. AI Vendor Data Retention

We may, at our discretion, enable or disable zero-data-retention ("ZDR") configurations with our AI sub-processors (such as Anthropic) and hosting providers (such as Vercel). The current configuration is a function of available vendor plan tiers and our operational posture and may change over time. For voice transcription via Deepgram, we instruct Deepgram not to retain audio or transcripts for vendor model improvement. See our Privacy Policy and AI Disclosure for more detail.

15. Warranty, Disclaimer, and No Service-Level Commitment

THE SERVICE, OUTPUT, REPORTS, AND ALL MATERIALS PROVIDED BY MOLDMIND ARE PROVIDED "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, MOLDMIND DISCLAIMS ALL WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, COMPLETENESS, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE.

WITHOUT LIMITING THE FOREGOING, MOLDMIND DOES NOT WARRANT THAT: (A) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (B) OUTPUT OR REPORTS WILL BE ACCURATE, COMPLETE, RELIABLE, OR FIT FOR ANY PURPOSE; (C) DEFECTS WILL BE CORRECTED; (D) THE SERVICE OR ANY SERVER OR INFRASTRUCTURE THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (E) THE SERVICE WILL MEET ANY PARTICULAR PERFORMANCE OR UPTIME OBJECTIVE.

NO SERVICE-LEVEL COMMITMENT. MoldMind does not offer, and these Terms do not include, a service-level agreement, uptime guarantee, response-time commitment, or availability commitment. Any reference in marketing materials, sales communications, or third-party descriptions to performance, reliability, response time, or availability is aspirational and is not a contractual commitment of MoldMind.

AI OUTPUT IS PROBABILISTIC. You acknowledge that AI-generated content may contain inaccuracies, omissions, fabricated citations, or misclassifications. You agree not to rely on Output without the independent professional review described in Section 2.

Notwithstanding the foregoing disclaimers, each party represents and warrants that it has full corporate power and authority to enter into and perform these Terms and that doing so will not violate any other agreement to which it is a party.

16. Indemnification by You

You will defend, indemnify, and hold harmless MoldMind, its Affiliates, and their respective officers, directors, employees, agents, and licensors (the "MoldMind Indemnitees") from and against any and all third-party claims, actions, proceedings, damages, liabilities, settlements, judgments, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your or your Inspectors' use of the Service; (b) any Report you generate, finalize, or deliver; (c) any allegation that Customer Content infringes or misappropriates the intellectual property, privacy, publicity, or other rights of any third party; (d) any allegation by a homeowner, occupant, property owner, insurer, contractor, or other third party arising out of an inspection, finding, recommendation, or report associated with your use of the Service; (e) any allegation that any Output, Report, or other content delivered by you to a third party infringes or misappropriates the rights of that or any other third party; (f) your breach or alleged breach of these Terms, the AUP, or applicable law; or (g) your negligence, willful misconduct, or fraud. Your indemnity obligations apply regardless of whether the underlying third-party claim is meritorious.

Procedure. MoldMind will: (a) promptly notify you in writing of the claim (provided that failure to notify will only relieve you of your obligations to the extent you are materially prejudiced); (b) give you sole control of the defense and settlement, subject to MoldMind's right to participate at its own expense; and (c) provide reasonable cooperation at your expense. You will not settle any claim that imposes any liability, obligation, or admission of fault on MoldMind without MoldMind's prior written consent.

MoldMind provides no indemnity to you. MoldMind does not, and is not obligated to, defend or indemnify you against any third-party claim of any kind. Sections 15 (Warranty and Disclaimer) and 17 (Limitation of Liability) govern the scope of MoldMind's responsibility to you and constitute your sole and exclusive remedy with respect to the Service.

17. Limitation of Liability

17.1 Exclusion of Indirect Damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL EITHER PARTY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, RELIANCE, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, REPUTATION, DATA, OR USE, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER THEORY, EVEN IF SUCH DAMAGES WERE FORESEEABLE OR THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

17.2 Aggregate Cap. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY'S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS WILL NOT EXCEED THE GREATER OF (A) ONE THOUSAND U.S. DOLLARS ($1,000) OR (B) THE TOTAL FEES YOU ACTUALLY PAID TO MOLDMIND FOR THE SERVICE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO LIABILITY.

17.3 Excluded Claims. The exclusions and limitations in Sections 17.1 and 17.2 do not apply to (a) your payment obligations under Section 5, (b) your indemnification obligations under Section 16, (c) your breach of Section 9 (MoldMind IP and Restrictions) or the AUP, (d) either party's fraud, gross negligence, or willful misconduct, or (e) any liability that cannot be limited under applicable law.

17.4 Risk Allocation. You acknowledge that the fees we charge reflect the allocation of risk in these Terms, that this allocation is an essential element of our bargain, and that the limitations in this Section 17 would apply even if any limited remedy in these Terms is found to fail of its essential purpose.

18. Confidentiality

Each party (the "Receiving Party") may have access to non-public information of the other party (the "Disclosing Party") that is identified as confidential or that a reasonable person would understand to be confidential ("Confidential Information"). The Receiving Party will (a) use Confidential Information only to exercise its rights and perform its obligations under these Terms, (b) protect Confidential Information using at least the same degree of care it uses to protect its own confidential information (and in no event less than reasonable care), and (c) not disclose Confidential Information to any third party except to its employees, contractors, advisors, and sub-processors who are bound by confidentiality obligations at least as protective and who have a need to know.

Confidential Information does not include information that the Receiving Party can demonstrate is (i) publicly available through no fault of the Receiving Party, (ii) lawfully known by the Receiving Party without confidentiality obligation before disclosure, (iii) lawfully received from a third party without restriction, or (iv) independently developed without use of the Disclosing Party's Confidential Information. The Receiving Party may disclose Confidential Information as required by law, court order, or regulatory request, provided that (where legally permitted) it gives the Disclosing Party reasonable prior notice and cooperates with any effort to limit the disclosure.

19. Termination and Suspension

19.1 Termination by You. You may terminate your Subscription at any time by canceling via Settings → Billing. Termination takes effect at the end of your then-current paid billing period.

19.2 Termination by Us. We may terminate or suspend your Subscription or Account: (a) immediately if you materially breach these Terms (including non-payment) and fail to cure within ten (10) days of written notice, or immediately upon notice if the breach is incurable; (b) immediately if you fail to comply with the AUP, infringe our or a third party's intellectual property, or pose a security, fraud, regulatory, or legal risk; (c) at any time for convenience on notice (no minimum notice period required, except as required by applicable law); or (d) immediately if required by law or if we discontinue the Service or the applicable plan tier.

19.3 Effect of Termination. Upon termination for any reason: (a) your right to access and use the Service ceases; (b) all unpaid fees accrued before termination remain due; (c) any post-cancellation export window is governed by Section 4; and (d) after the export window (if any), we may delete Customer Content per our Privacy Policy.

19.4 Refunds. Termination does not entitle you to any refund of fees previously paid, except where expressly required by applicable law. If we terminate for convenience under Section 19.2(c) with respect to your entire Subscription before the end of a paid period, we may, in our sole discretion, provide a pro-rated refund of any prepaid, unused fees; no other refund is owed.

20. Modifications to These Terms

We may modify these Terms from time to time. For changes that are minor or clarifying — that do not materially reduce your rights or materially increase your obligations — we will post the revised Terms with a new "Last updated" date. For changes that are material to your rights or obligations, we will give you at least thirty (30) days' advance notice by email and in-Service banner, and we will require you to review and accept the revised Terms before continuing to use the Service after the effective date. Your continued use of the Service after the effective date of a modification constitutes acceptance of the modified Terms. If you do not agree to a material modification, you may cancel your Subscription before the effective date and the prior Terms will continue to apply to your use until cancellation.

For changes required by law or regulation, the modification will take effect on the date required by the applicable law.

21. Force Majeure

Neither party will be liable for any failure or delay in performance (other than payment obligations) to the extent caused by circumstances beyond its reasonable control, including acts of God, fire, flood, earthquake, severe weather, epidemic or pandemic, war, terrorism, civil unrest, riot, embargo, sanctions, governmental action, labor disputes, internet, telecommunications, or utility outages, cyberattacks, or failures of third-party vendors, AI providers, hosting providers, or other sub-processors. The affected party will use reasonable efforts to mitigate the impact and resume performance.

22. Disputes — Informal Resolution, Mandatory Arbitration, Class Waiver, and Time Limit

PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO A JURY TRIAL, TO PARTICIPATE IN A CLASS OR REPRESENTATIVE PROCEEDING, AND TO BRING CLAIMS AFTER A LIMITED TIME PERIOD.

22.1 Informal Resolution First. Before initiating arbitration, you and MoldMind agree to attempt to resolve any dispute informally for at least sixty (60) days. To begin the informal process, send a written description of the dispute (including the relief you seek) to legal@moldmindai.com, and we will respond and attempt to resolve the dispute in good faith.

22.2 Binding Arbitration. If informal resolution fails, any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Service will be resolved by binding individual arbitration administered by the American Arbitration Association ("AAA") under the AAA Commercial Arbitration Rules then in effect, including the Procedures for the Resolution of Disputes through Document Submission where applicable. The arbitration will be conducted by a single neutral arbitrator. The seat of arbitration is Hartford County, Connecticut. The arbitrator's award will be final and may be entered as a judgment in any court of competent jurisdiction.

22.3 Class Action and Jury Trial Waiver. YOU AND MOLDMIND EACH WAIVE ANY RIGHT TO A TRIAL BY JURY AND ANY RIGHT TO BRING OR PARTICIPATE IN A CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE-ATTORNEY-GENERAL, OR REPRESENTATIVE PROCEEDING. Disputes will be resolved on an individual basis only. The arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding. If this paragraph is found unenforceable, then the entirety of this Section 22 will be null and void, but no other provision of these Terms will be affected.

22.4 Mass Arbitration Coordination. If 25 or more substantially similar individual arbitration demands are filed against MoldMind by the same or coordinated counsel within a 60-day period (a "Mass Filing"), the parties agree to apply AAA's Mass Arbitration Supplementary Rules then in effect or, if AAA does not then have such rules, to an equivalent batched-bellwether procedure to be determined by the arbitrator. Under such procedures, the parties agree to (a) staged filing-fee payment, (b) selection of a limited number of bellwether cases to be arbitrated first, (c) tolling of the limitation periods for non-bellwether cases during the bellwether process, and (d) a good-faith mediation period following the bellwether outcomes. Counsel for either party may not initiate fee-shifting motions in connection with a Mass Filing absent the arbitrator's express finding of bad faith.

22.5 One-Year Time Limit. Any claim arising out of or relating to these Terms or the Service must be filed in arbitration or court (as applicable) within one (1) year after the cause of action accrued. Claims not so filed are permanently barred to the maximum extent permitted by applicable law. This Section 22.5 does not extend any shorter statute of limitations that would otherwise apply.

Notwithstanding the foregoing, MoldMind's claims for (a) unpaid fees under Section 5, (b) breach of Section 9 (MoldMind IP and Restrictions), (c) breach of the Acceptable Use Policy, or (d) breach of Section 18 (Confidentiality) may be brought within the longer of one (1) year or the applicable statutory period.

22.6 Thirty-Day Opt-Out. Within thirty (30) days of creating your MoldMind Account, you may opt out of the arbitration agreement and class action waiver in this Section 22 at no cost via Settings → Legal → "Opt out of arbitration." Once submitted, an opt-out is permanent and cannot be rescinded. Opting out will not affect any other provision of these Terms, including the one-year time limit in Section 22.5. The opt-out window is irreversible: once 30 days pass from your Account creation, the arbitration agreement and class action waiver bind you for the duration of your relationship with MoldMind.

22.7 Exceptions. This Section 22 does not require arbitration of: (a) small-claims-court actions brought on an individual basis within the small-claims-court's jurisdictional limits; (b) actions for temporary or preliminary injunctive relief to prevent infringement or misuse of intellectual property, breach of confidentiality, or violation of Section 9; or (c) any other claim that applicable law makes non-arbitrable.

22.8 Severability of Arbitration Terms. Except as provided in Section 22.3, if any portion of this Section 22 is found unenforceable, the remainder will continue in effect.

22.9 Exclusive Venue for Non-Arbitrable Claims. For any dispute that is not subject to arbitration under Section 22.7 or that survives arbitration (including disputes about arbitrability itself), the parties consent to the exclusive jurisdiction of the state and federal courts located in Hartford County, Connecticut, and waive any objection to venue in those courts.

23. Governing Law

These Terms and any dispute arising out of or relating to them or the Service are governed by the laws of the State of Connecticut, without giving effect to its conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

24. Assignment

You may not assign or transfer these Terms or any of your rights or obligations under them, by operation of law or otherwise, without our prior written consent, which will not be unreasonably withheld. Any attempted assignment in violation of this Section is void. We may assign these Terms in whole or in part to an Affiliate or to a successor in connection with a merger, acquisition, reorganization, or sale of all or substantially all of our assets or business, without your consent. These Terms bind and benefit the parties' permitted successors and assigns.

25. Notices

Notices to MoldMind must be sent in writing to MoldMind LLC, 2389 Main Street, Suite 100, Glastonbury, CT 06033, with a copy by email to legal@moldmindai.com. Notices to you may be sent to the email address associated with your Account or via in-Service notification. Notices are effective on receipt for postal mail and on transmission for email and in-Service notification, in each case absent a bounce or system error.

26. Government End Users

The Service is "commercial computer software" and any related documentation is "commercial computer software documentation," each within the meaning of FAR 12.212 and DFARS 227.7202. Any use, modification, reproduction, release, performance, display, or disclosure by or for the U.S. Government is governed solely by these Terms.

27. Export Controls and Geographic Restriction

The Service is offered to customers located in the United States. We do not target, sell to, or solicit users in jurisdictions outside the United States. By accessing or using the Service from outside the United States, you do so on your own initiative and at your own risk, and you remain responsible for compliance with all applicable local laws.

You will comply with all applicable U.S. and foreign export, re-export, and sanctions laws and regulations in your use of the Service, and you will not access or use the Service from a sanctioned jurisdiction or in violation of any applicable embargo.

28. Independent Contractors

The parties are independent contractors. Nothing in these Terms creates any partnership, joint venture, agency, fiduciary, franchise, or employment relationship. Neither party has authority to bind the other.

29. No Third-Party Beneficiaries

These Terms do not create, and are not intended to create, any rights in any person who is not a party to them, except for the MoldMind Indemnitees referenced in Section 16.

30. Anti-Corruption

Each party will comply with all applicable anti-corruption laws, including the U.S. Foreign Corrupt Practices Act and the UK Bribery Act. Neither party has made or will make any payment, gift, or transfer of value in connection with these Terms in violation of those laws or in a manner that would cause the other party to be in violation of those laws.

31. Publicity

You grant MoldMind the right to identify you as a customer, use your name and trademarks (subject to your reasonable usage guidelines), and include a brief description of your use of the Service in customer lists, marketing materials, and on our websites. You may withdraw this permission by emailing legal@moldmindai.com; withdrawal applies to new materials on a going-forward basis and does not require removal of materials already produced or distributed.

32. DMCA Notice and Takedown

MoldMind respects the intellectual property rights of others and complies with the safe-harbor provisions of the Digital Millennium Copyright Act ("DMCA"), 17 U.S.C. § 512.

Designated Copyright Agent. Notices of alleged copyright infringement should be directed to:

DMCA Agent MoldMind LLC 2389 Main Street, Suite 100 Glastonbury, CT 06033 United States Email: legal@moldmindai.com (subject line: "DMCA Notice")

Notice requirements. Your notice must include each of the elements required by 17 U.S.C. § 512(c)(3), including (a) a physical or electronic signature of a person authorized to act on behalf of the copyright owner; (b) identification of the copyrighted work claimed to have been infringed; (c) identification of the material claimed to be infringing and information reasonably sufficient to permit MoldMind to locate the material; (d) your contact information; (e) a statement that you have a good-faith belief that the use is not authorized; and (f) a statement, under penalty of perjury, that the information in the notice is accurate and you are authorized to act.

Counter-notification. A user whose content has been removed in response to a DMCA notice may submit a counter-notification to the address above containing the elements required by 17 U.S.C. § 512(g)(3).

Repeat infringers. MoldMind will, in appropriate circumstances, terminate the Accounts of users who are determined to be repeat infringers of copyright.

33. Beta and Preview Features

From time to time, MoldMind may make features available that are clearly identified as "beta," "preview," "experimental," "alpha," "early access," or similar ("Beta Features"). Beta Features are provided AS-IS, WITH ALL FAULTS, AS AVAILABLE, without warranty of any kind. The warranties (Section 15), indemnification obligations of MoldMind (none — see Section 16), service-level commitments (none — see Section 15), and any other obligations of MoldMind in these Terms do not apply to Beta Features. MoldMind may modify, suspend, or discontinue any Beta Feature at any time, with or without notice, and may decline to make a Beta Feature generally available. You use Beta Features at your own risk and are responsible for any consequences of that use.

34. Survival

The following provisions survive termination or expiration of these Terms: Sections 1 (Definitions), 5 (Fees, to the extent unpaid, and Collection Costs), 7 (Customer Content, to the extent rights have already accrued), 8 (Aggregated Data), 9 (MoldMind IP and Restrictions), 11 (Feedback), 12 (Snapshot and Source-data Discretion, with respect to any Reports already finalized), 15 (Warranty Disclaimers and No Service-Level Commitment), 16 (Indemnification), 17 (Limitation of Liability), 18 (Confidentiality), 19.3–19.4 (Effect of Termination and Refunds), 22 (Disputes, including the one-year time limit), 23 (Governing Law), 24 (Assignment), 25 (Notices), 28 (Independent Contractors), 29 (No Third-Party Beneficiaries), 30 (Anti-Corruption), 31 (Publicity, with respect to materials already produced or distributed), 32 (DMCA), 35 (Entire Agreement), 36 (Severability), and 37 (Waiver), together with any other provision that by its nature is intended to survive.

35. Entire Agreement

These Terms, together with the Privacy Policy, the Data Processing Agreement (where applicable), the Acceptable Use Policy, the AI Disclosure, the Cookie Policy, the Accessibility Statement, the Sub-Processors page, any written order form executed by the parties, and any in-product purchase confirmations, constitute the entire agreement between you and MoldMind regarding the Service and supersede all prior or contemporaneous agreements, communications, proposals, and representations. In the event of a conflict, a written order form signed by both parties controls over these Terms; otherwise, these Terms control over the other referenced documents to the extent of any conflict, except that the Data Processing Agreement controls with respect to the processing of personal data.

36. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court or arbitrator of competent jurisdiction, that provision will be limited or eliminated to the minimum extent necessary so that the remaining provisions remain in full force and effect.

37. Waiver

No failure or delay by either party in exercising any right under these Terms constitutes a waiver of that right. A waiver of any breach is not a waiver of any subsequent breach. Any waiver must be in writing and signed by the waiving party to be effective.

38. Contact

MoldMind LLC 2389 Main Street, Suite 100 Glastonbury, CT 06033 United States

For legal inquiries: legal@moldmindai.com For security inquiries: security@moldmindai.com For privacy inquiries: privacy@moldmindai.com For accessibility inquiries: accessibility@moldmindai.com For DMCA notices: legal@moldmindai.com (subject line: "DMCA Notice")

39. Referral Program

MoldMind may offer a referral program that lets existing subscribers invite colleagues. Participation is subject to these Terms and any additional rules published on the referral page.

(a) Eligibility — only current account holders may share a referral link or code; rewards are available only when the referred party is a new customer who has not previously held a paid MoldMind subscription; self-referrals and referrals between accounts under common control are not eligible.

(b) Reward — when a referred party subscribes and completes their first payment, and that payment remains in good standing through the applicable refund/cancellation window, both the referring and referred account receive a one-time account credit equal to one month of that account's then-current plan price; the reward is an account credit applied to a future invoice, has no cash value, and is not redeemable for cash.

(c) Timing — rewards are issued after the refund/cancellation window on the referred party's first payment has cleared (approximately 30 days) and therefore typically apply to a later invoice rather than the first.

(d) Annual plans — for accounts on an annual plan, the reward is a credit equal to one month of the plan's value; it is not a free year and does not extend the subscription term beyond that credit.

(e) Limits — each account may receive rewards for up to 10 successful referrals; we may change this limit on the referral page.

(f) Clawback — if a referred subscription is refunded, disputed, charged back, or otherwise reversed, the associated reward(s) may be voided or reversed.

(g) Abuse — we may withhold, void, or reverse rewards and suspend participation where we reasonably suspect fraud, abuse, or violation of these Terms.

(h) Changes — we may change, suspend, or discontinue the program or these Terms at any time.