Terms of Use

Last Updated: April 3, 2025

Please read these Terms carefully. They contain important information about your rights and obligations.

1. Introduction

These Terms of Use (“Terms”) govern your access to and use of Modergator's services, including our website, API, and content moderation services (collectively, the “Services”). By accessing or using our Services, you agree to be bound by these Terms.

Our Services use artificial intelligence technology to analyze and moderate content. By using our Services, you acknowledge that AI technology is not perfect and may make mistakes in content moderation decisions.

2. Your Relationship With Us

These Terms form a legally binding agreement between you and Modergator regarding your use of the Services. “Modergator” means the entity you are contracting with, which depends on where you are domiciled.

We may update these Terms from time to time. If we make material changes, we will provide you with reasonable notice based on the circumstances, such as by displaying a prominent notice within the Services or by sending you an email. If you continue to use our Services after the changes take effect, it means you agree to the revised Terms.

3. Using Our Services

3.1 Who Can Use Our Services. You must be at least 18 years old to use our Services. By agreeing to these Terms, you represent and warrant that you are at least 18 years old.

3.2 Registration and Your Information. To access certain features of our Services, you may need to register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

3.3 Use Restrictions. When using our Services, you must comply with these Terms and all applicable laws. You may not:

  • Use our Services for any illegal purpose or to violate any laws
  • Violate or infringe other people's rights
  • Interfere with or disrupt our Services
  • Attempt to probe, scan, or test the vulnerability of our Services or any related system or network
  • Reverse engineer or attempt to extract the source code of our Services
  • Scrape our Services or use automated methods to access them in a manner outside the documented API

3.4 API Usage. Our content moderation API is designed to help you identify potentially inappropriate content. You are responsible for how you implement our API and the decisions you make based on our Services' outputs. You must:

  • Comply with our API documentation and any usage guidelines we provide
  • Not exceed rate limits or otherwise abuse our API infrastructure
  • Implement appropriate error handling in your integration
  • Maintain reasonable security measures to prevent unauthorized access to your API keys

4. Content

4.1 Your Content. Our Services allow you to submit content for moderation, including text, images, and videos (“Your Content”). You retain all rights to Your Content. By submitting Your Content to our Services, you grant us the right to copy, modify, and process Your Content solely for the purpose of providing our Services to you.

4.2 Content Restrictions. You agree not to use our Services to process or store content that:

  • Infringes on the intellectual property rights of others
  • Contains malware, viruses, or other harmful code
  • Attempts to circumvent our content moderation systems
  • Contains personal data in violation of applicable privacy laws

4.3 No Monitoring Obligation. We are not obligated to monitor the content processed through our Services, but we may do so to operate the Services, to ensure compliance with these Terms, or to comply with applicable law or legal process.

5. Intellectual Property

5.1 Our Intellectual Property. The Services and all content and materials included on or within the Services, including all software, text, images, graphics, logos, and APIs (collectively, “Modergator Content”) are owned by or licensed to Modergator and are protected by copyright, trademark, and other intellectual property laws.

5.2 Limited License to You. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Services for your internal business purposes.

5.3 Feedback. If you provide us with any feedback or suggestions regarding our Services (“Feedback”), you hereby assign to us all rights in such Feedback and agree that we shall have the right to use and act on such Feedback in any manner without restriction or obligation to you.

6. Fees and Payment

6.1 Fees. You agree to pay all fees associated with your use of our Services. We may change our fees at any time by posting the changes on our website or notifying you directly.

6.2 Payment. All payments are due in advance of service provision. If your payment method fails or your account is past due, we may restrict or suspend your access to our Services.

6.3 Taxes. You are responsible for all applicable taxes, and we will charge tax when required to do so.

6.4 Refunds. All fees are non-refundable except as expressly stated in these Terms or as required by law.

7. Privacy

Please review our Privacy Policy, which describes how we collect, use, and share information about you when you use our Services. By using our Services, you agree to the collection, use, and sharing of your information as set forth in the Privacy Policy.

8. Disclaimers

8.1 Service Availability. We strive to provide reliable Services, but we do not guarantee that our Services will be available at all times or be error-free.

8.2 AI Technology Limitations. Our Services use AI technology to moderate content. AI technology is not perfect and may:

  • Fail to identify inappropriate content
  • Incorrectly flag appropriate content as inappropriate
  • Produce inconsistent results for similar content
  • Reflect biases present in training data

You acknowledge these limitations and agree that you are responsible for reviewing and making final decisions about content based on our Services' outputs.

8.3 No Warranties. THE SERVICES ARE 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.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MODERGATOR AND ITS AFFILIATES, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES; (C) ANY CONTENT OBTAINED FROM THE SERVICES; AND (D) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

10. Indemnification

You agree to defend, indemnify, and hold harmless Modergator, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Services.

11. Term and Termination

11.1 Term. These Terms will remain in effect until terminated by you or Modergator.

11.2 Termination by You. You may terminate these Terms at any time by discontinuing use of our Services and closing your account.

11.3 Termination by Modergator. We may terminate or suspend your access to all or part of the Services, without notice, for any conduct that we, in our sole discretion, believe violates these Terms or is harmful to other users of the Services, us, or third parties, or for any other reason.

11.4 Effect of Termination. Upon termination, your right to use the Services will immediately cease. The following sections will survive termination: Intellectual Property, Disclaimers, Limitation of Liability, Indemnification, and General Legal Terms.

12. General Legal Terms

12.1 Governing Law. These Terms and any dispute or claim arising out of or related to them shall be governed by and construed in accordance with the laws of the State of Washington, without giving effect to any choice or conflict of law provision or rule.

12.2 Dispute Resolution. Any dispute arising from these Terms shall be resolved through binding arbitration in Seattle, Washington, under the rules of the American Arbitration Association.

12.3 Entire Agreement. These Terms, together with the Privacy Policy, constitute the entire agreement between you and Modergator regarding your use of the Services and supersede all prior agreements and understandings.

12.4 Waiver and Severability. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in effect.

12.5 Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction.

12.6 Force Majeure. We will not be liable for any failure or delay in performance resulting from causes beyond our reasonable control.

13. Contact Us

If you have any questions about these Terms, please contact us:

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