Please read these Terms of Use carefully before using the Mochi application (“Mochi”, “the Application”, “the Service”).

By downloading or using the Application, you agree to be bound by these Terms. If you do not agree with any part, please discontinue use of the Application.

1. About the Application

Mochi is an iOS application that allows users to transform their photos into kawaii and anime-inspired artwork using artificial intelligence.

Developer: Martin Málek

Email: support@mochiapp.eu

Governing Law: Czech Republic

These Terms form a legal agreement between you and the Developer.

2. Eligibility

You must be at least 13 years old to use the Application.

If you are under the age of 18, you may use the Service only with the consent of a parent or legal guardian.

3. No User Accounts

The Application does not use user accounts, email registration, passwords, or social logins.

Your device is identified solely through a pseudonymous User ID, generated by the Service and stored securely on your device.

This User ID is used for subscription verification, rate limiting, fraud prevention, and support requests.

4. Acceptable Use

You agree not to use the Service to upload or generate any content that is:

• illegal, harmful, or abusive

• sexually explicit or pornographic

• discriminatory, hateful, or violent

• infringing upon intellectual property rights

• malicious (e.g., malware, spyware)

• intended to deceive, impersonate, or defraud

The Application includes on-device NSFW detection and may refuse to process certain images.

The Developer may suspend or terminate use of the Service if these Terms are violated.

5. Photo Processing and AI Output

By submitting a photo to the Application, you confirm that:

• you own the rights to the photo, or have permission to use it

• the photo does not violate any third-party rights

• the photo is lawful and appropriate for AI processing

Uploaded photos are used solely to generate AI-based artwork and are not stored permanently on our servers.

Generated images are saved only on your device unless you choose to export or share them.

6. Ownership of Content

6.1 Your Content

You retain all rights to the photos you submit and to the AI-generated images produced by the Application.

6.2 License to Process

By using the Service, you grant the Developer a temporary, non-exclusive license to process your photos for the sole purpose of generating AI output.

6.3 Application Content

All branding, UI design, app name, logos, code, and non-user content belong to the Developer and may not be copied or redistributed without permission.

7. Subscriptions, Limits, and Fair Use Policy

Some features require an active subscription purchased through Apple’s App Store.

Depending on the subscription tier, the Service may offer unlimited AI generations under a Fair Use Policy designed to keep the system reliable for all users.

7.1 What “Unlimited with Fair Use Policy” Means

“Unlimited” means normal personal use without artificial restrictions.

However, to prevent abuse:

• Soft limits may apply

• After a soft limit, cooldowns may be enforced

• Extreme or automated use may be blocked

7.2 Technical Limits

The Service may enforce:

• Soft limits

• Hard limits that reset automatically

• Cooldowns after overuse

These exist to prevent automated abuse or non-consumer usage.

7.3 Prohibited Behaviors

You may not:

• automate or script image generation

• use the Service for commercial bulk workloads

• run high-frequency continuous requests

• attempt to bypass limits or safeguards

7.4 Billing and Renewals

Handled by Apple. Subscriptions renew automatically unless cancelled in Apple ID settings.

7.5 Refunds

All refunds must be requested through Apple.

The Developer cannot issue refunds directly.

8. Availability and Service Disclaimer

The Application is provided “AS IS” and “AS AVAILABLE”.

We do not guarantee that:

• the Service will be uninterrupted or error-free

• AI results will be accurate or expected

• uploads or requests will always succeed

• the Application will work on all devices or iOS versions

AI processing may fail or experience delays due to network or server load.

9. Limitation of Liability

To the maximum extent permitted by law:

• The Developer is not liable for indirect, incidental, consequential, or special damages.

• Total liability is limited to the amount paid in the last 12 months, or USD $50 if no purchases were made.

10. Termination

You may stop using the Application at any time by uninstalling it.

The Developer may suspend or terminate access if you violate these Terms or abuse the Service.

Upon termination, your right to use the Service ends immediately.

11. Privacy and Data Protection

Use of the Service is governed by the Privacy Policy.

By using the Application, you agree to the collection and processing of data as described there.

12. Changes to These Terms

We may update these Terms at any time.

If a material change occurs, we will notify you within the Application or by other reasonable means.

Continued use of the Service after updates constitutes acceptance.

13. Contact

For questions or support:

Email: support@mochiapp.eu