Mochan-D Terms and Conditions

Last Updated: April 14, 2025

1. Acceptance of Terms

This Privacy Policy ("Policy") describes how Mochan-D, which is a product of FoodNEST(S) Technologies OPC Pvt Ltd ("FoodNEST(S)," "we," "us," or "our"), a company registered under the laws of India, collects, uses, discloses, stores, and protects personal and business data in connection with the use of our product, Mochan-D.

Mochan-D is an advanced AI-powered assistant designed to help businesses ("Business Clients" or "Clients") facilitate brainstorming, commerce, discussions, innovation, and other operations, often integrated via platforms like WhatsApp.

This Policy applies globally, with its foundation rooted in Indian law, including the Information Technology Act, 2000, the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011, and the Digital Personal Data Protection Act (DPDP), 2023, while also considering principles from global data protection regulations where applicable.

By accessing or using Mochan-D, whether as a Business Client or an End User interacting with Mochan-D through a Business Client, you acknowledge that you have read, understood, and agree to the practices described in this Policy.

By accessing or using Mochan-D (“Service”), you agree to these Terms. Continued use after updates constitutes acceptance. If you represent an entity, you warrant authority to bind it. Disagreeing with any part prohibits Service use.

2. Service Description

Mochan-D is an AI-driven conversational platform integrated with third-party messaging services (e.g., WhatsApp, Instagram Messenger) and open-source AI models. Outputs may be inaccurate, biased, or harmful. Do not rely on outputs for critical decisions (e.g., medical, legal, financial).

3. Third-Party Dependencies

  • Messaging Platforms: Mochan-D operates via third-party services (e.g., WhatsApp, Line) governed by their own terms. You agree to comply with their policies (e.g., WhatsApp’s Commerce Policy).
  • Open-Source Models: Mochan-D may use third-party AI models (e.g., Meta Llama) under licenses requiring attribution or restricting commercial use. Violations of these licenses may result in termination.

4. User Responsibilities

You agree NOT to:

  • Generate illegal, abusive, or infringing content.
  • Use outputs for high-risk activities (e.g., medical diagnoses).
  • Reverse-engineer the Service or exploit vulnerabilities.
  • Violate third-party platform rules (e.g., spam on WhatsApp).
  • Misrepresent affiliation with Mochan-D or its partners.

5. Intellectual Property

  • User Content: You retain ownership but grant Mochan-D a non-exclusive license to process inputs for Service delivery.
  • Outputs: Ownership varies by jurisdiction; some regions (e.g., EU, India) may not recognize AI-generated content as copyrightable.
  • Third-Party IP: Open-source models and platform integrations remain the property of their licensors.

6. Privacy and Data Protection

  • Data Collection: We collect prompts, usage data, and device information as detailed in our Privacy Policy.
  • Global Compliance: Adheres to GDPR (EU), CCPA (US), DPDP Act 2023 (India), and other regional laws. Data may be transferred globally using SCCs or adequacy decisions.
  • Third-Party Data: Interactions via messaging platforms are subject to their privacy policies (e.g., Meta’s Data Policy).

7. Disclaimers

  • No Warranties: Service provided “AS IS.” We disclaim accuracy, reliability, or fitness for purpose.
  • Third-Party Liability: Not responsible for platform outages, AI model biases, or policy changes by WhatsApp, Meta, etc.

8. Limitation of Liability

  • Cap on Damages: Liability limited to fees paid in the last 12 months or $1,000 USD, whichever is lower.
  • Exclusions: No liability for indirect, punitive, or consequential damages (except where prohibited by law).

9. Termination

We may suspend/terminate access for violations, third-party platform restrictions, or legal compliance. EU users receive prior notice where feasible.

10. Governing Law & Dispute Resolution

  • Jurisdiction: Governed by laws of [Your Jurisdiction], excluding conflicts principles. EU users may file disputes locally.
  • Arbitration: Disputes resolved via binding AAA arbitration outside the EU/UK.

11. Regional Compliance

  • EU AI Act: Prohibits high-risk uses (e.g., social scoring).
  • India: Complies with IT Act 2000 and CERT-In directives.
  • Export Controls: Adheres to U.S. sanctions and export laws.

12. Updates & Contact

  • Changes: Material updates notified via email or Service alerts. Continued use implies acceptance.
  • Queries: Contact contact@mochand.com or regional officers (e.g., Grievance Officer: Vatsal Asthana at vasthana@foodnests.com in India per IT Rules 2021).

13. Refunds and Cancellations