Terms of Service

By accessing or using the Mosco.ai platform ("Service"), including the M.O.S. Engine (Mosco Operating System Engine) and all related services, applications, and websites operated by Mosco AI, Inc. ("Company," "we," "us," or "our"), you ("User," "you," or "your") agree to be bound by these Terms of Service ("Terms"), our Privacy Policy, and all applicable laws and regulations. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms. If you do not have such authority, or if you do not agree with these Terms, you must not accept these Terms and may not use the Service. Your continued use of the Service following the posting of any changes to these Terms constitutes acceptance of those changes. We recommend reviewing these Terms periodically to stay informed of any updates.

Mosco.ai provides an AI-powered SaaS platform specifically designed for home services businesses, including but not limited to HVAC, plumbing, electrical, roofing, pest control, landscaping, cleaning, and general contracting companies. The M.O.S. Engine comprises nine (9) integrated AI modules: (a) AI Employee -- An intelligent virtual assistant capable of handling customer interactions, answering inquiries, scheduling appointments, and providing service information across multiple communication channels. (b) Speed Dialer -- AI-powered outbound calling system designed to automate lead follow-up, appointment confirmations, and customer outreach campaigns. (c) Conversations -- A unified omnichannel inbox that aggregates communications from phone calls, SMS, email, WhatsApp, Telegram, webchat, and social media platforms into a single interface. (d) Smart Forms -- Intelligent lead capture forms with dynamic fields, conditional logic, and AI-driven data enrichment for maximizing lead conversion rates. (e) Review Guardian -- Automated review monitoring, response management, and reputation management tools that integrate with Google Business Profile, Yelp, and other review platforms. (f) Content Engine -- AI-powered content creation tools for generating marketing copy, social media posts, blog articles, email campaigns, and other promotional materials. (g) AI Lead Profiler -- Automated lead scoring, profiling, and enrichment system that analyzes incoming leads and provides actionable intelligence for sales teams. (h) AI Estimator -- Intelligent quoting and estimation tool that leverages historical data and AI to generate accurate service estimates and proposals. (i) Sales Command -- A comprehensive sales management dashboard providing pipeline tracking, performance analytics, forecasting, and team management capabilities. We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice. We will make reasonable efforts to notify users of material changes to the Service.

3.1 Registration. To access the Service, you must create an account by providing accurate, current, and complete information as prompted during registration. You agree to update your information promptly to keep it accurate and complete. 3.2 Account Credentials. You are responsible for maintaining the confidentiality of your account credentials, including your password. You agree to immediately notify us at contact@castells.media of any unauthorized use of your account or any other security breach. 3.3 Account Responsibility. You are solely responsible for all activities that occur under your account, whether or not you authorized such activities. We are not liable for any loss or damage arising from your failure to maintain the security of your account credentials. 3.4 Account Types. You may create accounts for team members under your organization. As the account owner, you are responsible for all team member activities and compliance with these Terms. 3.5 Age Requirement. You must be at least eighteen (18) years of age to create an account and use the Service. By creating an account, you represent and warrant that you meet this age requirement. 3.6 One Account Per Entity. Each legal entity may maintain only one primary organizational account. Multiple accounts created to circumvent plan limitations, abuse free trials, or violate these Terms may be terminated without notice.

4.1 Subscription Plans. The Service is offered through tiered subscription plans, currently ranging from $497 to $2,497 per month, depending on features, usage limits, and the number of team members. Detailed plan descriptions and current pricing are available on our Pricing page. 4.2 Billing Cycle. Subscriptions are billed on a recurring monthly or annual basis, depending on the billing cycle you select at the time of purchase. Annual subscriptions may offer a discount compared to monthly billing. 4.3 Payment Methods. You agree to provide a valid payment method (credit card, debit card, or other accepted payment instrument) and authorize us to charge your payment method for all fees incurred under your account. 4.4 Price Changes. We reserve the right to modify our pricing at any time. For existing subscribers, price changes will take effect at the start of the next billing cycle following at least thirty (30) days' written notice. You may cancel your subscription before the price change takes effect if you do not agree to the new pricing. 4.5 Taxes. All fees are exclusive of applicable taxes (including sales tax, VAT, and GST). You are responsible for paying all taxes associated with your use of the Service, excluding taxes based on our net income. 4.6 Late Payments. If we are unable to process payment using your payment method on file, we may suspend your access to the Service until payment is received. Accounts with overdue balances may incur a late fee of 1.5% per month (or the maximum rate permitted by law, whichever is lower) on the outstanding balance. 4.7 Refunds. Subscription fees are generally non-refundable except as expressly set forth in these Terms or as required by applicable law. Refund requests may be considered on a case-by-case basis at our sole discretion. 4.8 Downgrades. If you downgrade your subscription plan, the change will take effect at the start of your next billing cycle. You will retain access to your current plan features until the end of the current billing period. Any data or configurations exceeding the limits of your new plan may become inaccessible until you upgrade or remove the excess data.

5.1 Trial Period. We may offer a free trial period for new users to evaluate the Service. The duration and scope of the free trial will be specified at the time of enrollment and is subject to change. 5.2 Trial Limitations. Free trial accounts may have limited access to certain features, reduced usage quotas, or other restrictions compared to paid subscription plans. 5.3 Conversion to Paid Subscription. At the end of the free trial period, your account will automatically convert to a paid subscription at the plan and price indicated during trial enrollment, unless you cancel before the trial period ends. You authorize us to charge your payment method on file upon conversion. 5.4 Trial Eligibility. Free trials are limited to one (1) per individual and one (1) per business entity. We reserve the right to determine trial eligibility and to deny or revoke trial access if we suspect abuse, duplicate accounts, or any violation of these Terms. 5.5 No Obligation. Canceling during the free trial period incurs no charges. To avoid being charged, you must cancel before the trial period expires. Instructions for cancellation are available in your account settings. 5.6 Data Retention. Upon cancellation of a free trial without conversion to a paid plan, we may retain your data for a period of thirty (30) days, after which it may be permanently deleted.

You agree to use the Service only for lawful purposes and in accordance with these Terms. You shall use the Service solely for the management and operation of your home services business, including but not limited to customer communications, lead management, scheduling, marketing, and business analytics. You agree that you will: (a) Comply with all applicable local, state, national, and international laws and regulations, including but not limited to the Telephone Consumer Protection Act (TCPA), CAN-SPAM Act, and applicable state telemarketing laws. (b) Obtain proper consent before sending automated communications (calls, texts, or emails) to any individual, as required by applicable law. (c) Maintain accurate and up-to-date Do Not Call (DNC) lists and honor all opt-out requests promptly. (d) Use AI-generated content responsibly and review it for accuracy before distribution to customers or the public. (e) Ensure all communications sent through the Service are truthful, non-deceptive, and compliant with applicable advertising standards. (f) Respect the intellectual property rights of third parties in any content you upload, create, or distribute through the Service.

You expressly agree not to engage in any of the following prohibited activities: 7.1 Spam and Unsolicited Communications. Sending unsolicited bulk messages, spam, or communications to individuals who have not provided proper consent, or using the Service to facilitate any form of unsolicited commercial communication. 7.2 Abuse and Harassment. Using the Service to harass, threaten, intimidate, or abuse any individual, or to transmit any content that is hateful, discriminatory, defamatory, or otherwise objectionable. 7.3 Reverse Engineering. Attempting to reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, underlying algorithms, or architecture of the Service or any part thereof. 7.4 Unauthorized Access. Attempting to gain unauthorized access to any portion of the Service, other users' accounts, or any systems or networks connected to the Service. 7.5 Data Scraping. Using automated tools, bots, scrapers, or other means to extract, collect, or harvest data from the Service without our prior written consent. 7.6 Service Disruption. Intentionally interfering with or disrupting the integrity or performance of the Service, including introducing malware, viruses, or other harmful code. 7.7 Fraudulent Activity. Using the Service to engage in any fraudulent, misleading, or deceptive activity, including impersonating another person or entity, falsifying caller ID information, or misrepresenting your affiliation with any entity. 7.8 Reselling. Reselling, sublicensing, or otherwise making the Service available to third parties without our prior written consent, except as expressly permitted under your subscription plan. 7.9 Circumvention. Attempting to bypass, disable, or circumvent any security features, usage limits, rate limits, or access controls of the Service. 7.10 Illegal Content. Uploading, transmitting, or storing any content that violates applicable laws, including content that is obscene, promotes illegal activity, or infringes on the rights of others. Violation of this Section 7 may result in immediate suspension or termination of your account, without refund, and may be reported to law enforcement authorities where appropriate.

8.1 Our Intellectual Property. The Service, including but not limited to its software, algorithms, AI models, user interface, design elements, documentation, branding, trade names, trademarks (including "Mosco.ai," "M.O.S. Engine," and associated logos), and all related intellectual property, is owned by Mosco AI, Inc. and is protected by copyright, trademark, patent, trade secret, and other intellectual property laws. 8.2 License to Use. Subject to your compliance with these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service during the term of your subscription solely for your internal business operations. 8.3 Your Content. You retain ownership of all data, text, images, and other materials you upload or input into the Service ("User Content"). By uploading User Content, you grant us a limited license to process, store, display, and transmit your User Content solely for the purpose of providing and improving the Service. 8.4 Feedback. If you provide us with suggestions, ideas, or feedback regarding the Service ("Feedback"), you agree that we may use, implement, and modify such Feedback without restriction and without obligation to compensate you. 8.5 Restrictions. Except as expressly permitted under these Terms, you may not copy, modify, distribute, sell, lease, or create derivative works based on the Service or any part thereof. All rights not expressly granted herein are reserved by the Company.

9.1 Nature of AI Content. The Service utilizes artificial intelligence and machine learning technologies to generate text, responses, estimates, analytics, and other content ("AI-Generated Content"). AI-Generated Content is produced algorithmically and may not always be accurate, complete, or suitable for your specific circumstances. 9.2 No Guarantee of Accuracy. We do not warrant or guarantee the accuracy, reliability, completeness, or timeliness of any AI-Generated Content. AI outputs may contain errors, omissions, or biases inherent in the underlying models and training data. 9.3 Human Oversight Required. You are solely responsible for reviewing, verifying, and approving all AI-Generated Content before use. AI-Generated Content should not be relied upon as the sole basis for business decisions, legal compliance, financial calculations, or customer communications without appropriate human review. 9.4 Pricing and Estimates. AI-generated quotes, estimates, and pricing suggestions provided through the AI Estimator module are approximations only. You are responsible for ensuring that all pricing communicated to customers is accurate and reflects your actual costs, margins, and market conditions. 9.5 Compliance Responsibility. You are solely responsible for ensuring that any AI-Generated Content you use or distribute complies with applicable laws, industry regulations, and professional standards. The Company is not liable for any claims, damages, or penalties arising from your use of AI-Generated Content. 9.6 Continuous Improvement. We continuously work to improve the accuracy and quality of our AI models. However, due to the nature of artificial intelligence, we cannot guarantee error-free performance. We encourage users to report inaccuracies so we can improve the Service.

10.1 Available Integrations. The Service may integrate with or provide connectivity to third-party platforms and services, including but not limited to WhatsApp, Telegram, Yelp, Google (including Google Business Profile, Google Ads, and Google Analytics), Facebook, Instagram, Meta Business Suite, Twilio, Stripe, and various CRM systems ("Third-Party Services"). 10.2 Third-Party Terms. Your use of any Third-Party Services is subject to the respective terms of service, privacy policies, and usage policies of those third parties. It is your responsibility to review and comply with all applicable third-party terms. 10.3 No Endorsement. Integration with or reference to any Third-Party Service does not constitute our endorsement, sponsorship, or affiliation with that service. We are not responsible for the availability, accuracy, content, or practices of any Third-Party Services. 10.4 API Access. Certain integrations require you to authorize access to your third-party accounts via APIs or OAuth connections. By enabling such integrations, you grant us permission to access and interact with your third-party accounts as necessary to provide the Service. 10.5 Service Changes. Third-party providers may modify, restrict, or discontinue their services or APIs at any time. We are not responsible for disruptions to the Service caused by changes to Third-Party Services. 10.6 Data Sharing. When you enable third-party integrations, certain data may be transmitted between the Service and the Third-Party Services. Please review our Privacy Policy and the privacy policies of the applicable Third-Party Services to understand how your data is handled.

11.1 Privacy Policy. Our collection, use, storage, and disclosure of your personal information and business data is governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy at /legal/privacy to understand our data practices. 11.2 Data Controller. For purposes of applicable data protection laws, you are the data controller of any personal data you upload or process through the Service, and we act as a data processor on your behalf. 11.3 Data Security. We implement industry-standard technical and organizational security measures to protect your data, including encryption in transit (TLS 1.2+) and at rest (AES-256), access controls, regular security audits, and incident response procedures. 11.4 Data Location. Your data may be stored and processed in data centers located in the United States. By using the Service, you consent to the transfer and processing of your data in the United States. 11.5 Data Retention. We retain your data for as long as your account is active or as needed to provide the Service. Upon account termination, we will retain your data for a period of thirty (30) days to allow for data export, after which it will be scheduled for permanent deletion in accordance with our data retention policy. 11.6 Compliance. We are committed to compliance with applicable data protection laws, including the California Consumer Privacy Act (CCPA), General Data Protection Regulation (GDPR) where applicable, and other relevant privacy regulations. Specific data processing agreements and addenda may be available upon request for enterprise customers. 11.7 Customer Data. You represent and warrant that you have obtained all necessary consents and authorizations to share any personal data of your customers, employees, or other individuals with us through the Service, and that such sharing complies with applicable privacy laws.

12.1 Uptime Commitment. We commit to maintaining 99.9% uptime for the Service, measured on a monthly basis, excluding scheduled maintenance windows and force majeure events ("Uptime Commitment"). 12.2 Uptime Calculation. Uptime is calculated as: ((Total minutes in month - Downtime minutes) / Total minutes in month) x 100. Downtime is defined as any period during which the core Service functionality is materially unavailable, as determined by our monitoring systems. 12.3 Scheduled Maintenance. We will use reasonable efforts to schedule maintenance during off-peak hours (typically between 2:00 AM and 6:00 AM Pacific Time) and to provide at least forty-eight (48) hours' advance notice for planned maintenance that may affect Service availability. 12.4 Service Credits. If we fail to meet the Uptime Commitment in any given month, eligible customers on paid plans may request service credits as follows: - 99.0% to 99.9% uptime: 10% credit of monthly subscription fee - 95.0% to 99.0% uptime: 25% credit of monthly subscription fee - Below 95.0% uptime: 50% credit of monthly subscription fee 12.5 Credit Request Process. To receive a service credit, you must submit a written request to contact@castells.media within thirty (30) days of the end of the affected month. Credits will be applied to your next billing cycle and may not be redeemed for cash. 12.6 Exclusions. The Uptime Commitment does not apply to: (a) scheduled maintenance periods; (b) downtime caused by factors outside our reasonable control, including force majeure events, internet connectivity issues, or third-party service failures; (c) downtime resulting from your equipment, software, or network connections; (d) downtime caused by your misuse of the Service or violation of these Terms.

13.1 Disclaimer of Warranties. 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, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. 13.2 Limitation of Damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MOSCO AI, INC., ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, DATA, BUSINESS OPPORTUNITIES, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICE. 13.3 Cap on Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE SERVICE SHALL NOT EXCEED THE TOTAL AMOUNT OF FEES PAID BY YOU TO US DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. 13.4 Basis of the Bargain. YOU ACKNOWLEDGE THAT THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION ARE AN ESSENTIAL ELEMENT OF THE AGREEMENT BETWEEN YOU AND THE COMPANY, AND THAT THE COMPANY WOULD NOT PROVIDE THE SERVICE TO YOU WITHOUT SUCH LIMITATIONS. 13.5 Applicable Law. Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities. In such jurisdictions, our liability shall be limited to the maximum extent permitted by law.

14.1 Your Indemnification Obligations. You agree to indemnify, defend, and hold harmless Mosco AI, Inc., its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all claims, demands, losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or relating to: (a) Your use of the Service or any activity under your account; (b) Your violation of these Terms or any applicable law or regulation; (c) Your violation of any third-party rights, including intellectual property rights, privacy rights, or publicity rights; (d) Any User Content you upload, store, or transmit through the Service; (e) Any communications sent through the Service, including calls, messages, and emails; (f) Any claims by your customers, employees, or other third parties arising from your use of the Service; (g) Your failure to obtain required consents for communications sent through the Service. 14.2 Procedure. We will promptly notify you of any claim subject to indemnification and provide reasonable cooperation in the defense of such claim. You shall not settle any claim without our prior written consent. We reserve the right to participate in the defense of any claim at our own expense.

15.1 Cancellation by You. You may cancel your subscription at any time through your account settings or by contacting us at contact@castells.media. Cancellation will take effect at the end of your current billing period. You will retain access to the Service until the end of the paid billing period, and no prorated refunds will be issued for the remaining days in the billing cycle. 15.2 Termination by Us. We may suspend or terminate your account at any time, with or without cause, and with or without notice. Grounds for termination include but are not limited to: (a) violation of these Terms; (b) failure to pay fees when due; (c) fraudulent, abusive, or illegal activity; (d) extended periods of inactivity; (e) requests by law enforcement or government agencies. 15.3 Effect of Termination. Upon termination: (a) your right to access and use the Service will immediately cease; (b) all licenses granted to you under these Terms will terminate; (c) you remain responsible for all fees accrued prior to termination; (d) provisions of these Terms that by their nature should survive termination will survive, including Sections 8, 9, 13, 14, and 16. 15.4 Data Export. Following cancellation or termination, you will have thirty (30) days to export your data from the Service. After this period, we may permanently delete your data from our systems. We are not obligated to maintain or provide your data after this period. 15.5 Reactivation. If your account is terminated due to non-payment, you may reactivate your account by paying all outstanding balances. Data availability for reactivated accounts is subject to our data retention policies.

16.1 Informal Resolution. Before initiating any formal dispute resolution proceedings, you agree to first contact us at contact@castells.media to attempt to resolve any dispute informally. We will make good faith efforts to resolve any dispute within thirty (30) days of receiving your notice. 16.2 Binding Arbitration. If we are unable to resolve a dispute informally, any controversy, claim, or dispute arising out of or relating to these Terms or the Service shall be resolved exclusively through final and binding arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules. The arbitration shall be conducted by a single arbitrator. 16.3 Arbitration Location. The arbitration shall take place in Roseville, California, unless both parties agree to an alternative location or to virtual proceedings. 16.4 Arbitration Costs. Each party shall bear its own costs and attorneys' fees in connection with the arbitration, unless the arbitrator determines that a different allocation is appropriate under applicable law. 16.5 Class Action Waiver. YOU AND THE COMPANY AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION OR PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF CLASS OR REPRESENTATIVE PROCEEDING. 16.6 Governing Law. These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles. 16.7 Jurisdiction. For any disputes not subject to arbitration (including requests for injunctive or equitable relief), you consent to the exclusive jurisdiction and venue of the state and federal courts located in Placer County, California. 16.8 Limitation Period. Any claim or cause of action arising out of or related to these Terms or the Service must be filed within one (1) year after such claim or cause of action arose, or it shall be forever barred.

17.1 Right to Modify. We reserve the right to modify, amend, or update these Terms at any time at our sole discretion. Changes may be made to reflect updates to the Service, changes in applicable law, or other business reasons. 17.2 Notice of Changes. We will provide notice of material changes to these Terms by: (a) posting the updated Terms on our website with a revised "Last Updated" date; (b) sending an email notification to the address associated with your account; or (c) displaying a prominent notice within the Service. 17.3 Effective Date. Material changes to these Terms will become effective thirty (30) days after notice is provided, unless the changes are required by law or relate to new features or services, in which case they may take effect immediately. 17.4 Continued Use. Your continued use of the Service after the effective date of any modifications constitutes your acceptance of the updated Terms. If you do not agree to the modified Terms, you must discontinue use of the Service and may cancel your subscription in accordance with Section 15.

18.1 Severability. If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if modification is not possible, severed from these Terms. The invalidity or unenforceability of any provision shall not affect the validity or enforceability of the remaining provisions. 18.2 Entire Agreement. These Terms, together with our Privacy Policy and any other agreements expressly referenced herein, constitute the entire agreement between you and the Company with respect to the Service and supersede all prior or contemporaneous communications, proposals, and agreements, whether oral or written. 18.3 Waiver. The failure of the Company to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. A waiver of any provision shall be effective only if made in writing and signed by an authorized representative of the Company. 18.4 Assignment. You may not assign or transfer these Terms or any rights or obligations hereunder without our prior written consent. We may assign these Terms without restriction, including in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets. 18.5 Force Majeure. Neither party shall be liable for any failure or delay in performing its obligations under these Terms due to circumstances beyond its reasonable control, including but not limited to natural disasters, acts of war or terrorism, pandemics, government actions, internet outages, or third-party service failures. 18.6 Notices. All notices required or permitted under these Terms shall be in writing and shall be deemed given when delivered personally, sent by email (with confirmation of receipt), or sent by certified mail to the addresses set forth herein or as subsequently updated by the parties. 18.7 Relationship of Parties. Nothing in these Terms shall be construed to create a partnership, joint venture, employment, or agency relationship between you and the Company. You are an independent user of the Service. 18.8 Headings. Section headings in these Terms are for convenience of reference only and shall not affect the interpretation or construction of these Terms.