Terms of Service

These Terms of Service (“Terms”) govern access to and use of the Cuttlefish desktop application (the “Software”), the Cuttlefish hosted services, and the getcuttlefish.app websites (together, the “Service”), provided by Moguls, Inc., a Delaware corporation (“Moguls Inc,” “we,” “us”).

Cuttlefish is offered to organizations. “Customer” means the organization that holds a Cuttlefish subscription. If you accept these Terms on behalf of an organization, you confirm that you have authority to bind it. There is no personal or consumer plan.

People in the Customer’s organization use the Service under the Customer’s subscription. They must follow these Terms, and the Customer is responsible for their use of the Service.

When these Terms take effect

These Terms take effect on October 12, 2026 for subscriptions purchased on or after that date. For anyone using Cuttlefish under the previous version of these Terms, dated March 25, 2026, they take effect 30 days after we give that customer notice of them, as that version provided, and not before November 11, 2026. Until then the previous version continues to apply to that use.

Existing subscriptions

An organization that already holds a Cuttlefish subscription or contract keeps it. These Terms do not change its plan, price or member count.

Purchasing is arranged with our team. A subscription is bought through an order (an “Order”): either a written order form, quote or confirmation from Moguls Inc that the Customer accepts, or the purchase the Customer’s authorized billing administrator completes in Cuttlefish after that arrangement. Each Order sets the plan, the member capacity and the start date.

Cuttlefish Founders

• $499 per month for one organization, which includes five members.
• $79 per month for each additional member the Customer purchases beyond the first five.
• Prices are in US dollars and billed monthly. There is no setup fee, trial or annual option.

A “member” is an active person in the Customer’s organization who is given access to Cuttlefish, including its owner and administrators. AI agents and Companions are not members and have no member fee. The subscription does not include AI model usage, which the Customer obtains from its own providers.

Founders price protection

For an eligible Founders subscription, the $499 monthly organization price and the $79 monthly price for each additional member stay the same for as long as that subscription remains continuously active and in good standing.

Price protection ends permanently if the subscription is cancelled and its final billing period ends, or if it ends because of non-payment. A later subscription for the same organization is not restored to Founders pricing.

Price protection covers the Founders organization price and additional members purchased under that subscription. It does not cover other products, services, features or capacity that Moguls Inc offers separately, now or in the future, or larger managed Enterprise contracts, which are priced on their own terms.

Larger managed Enterprise contracts

Larger managed Enterprise contracts are negotiated separately. Where the Customer has a separate agreement signed by Moguls Inc, that agreement controls wherever it conflicts with these Terms.

Order of precedence

If an Order conflicts with these Terms, the Order controls for the plan, members, fees and dates it states. In every other respect these Terms control.

Billing period

Subscriptions are billed monthly in advance. Each billing period starts on the same day of the month as the subscription’s start date. Fees for a billing period cover the Founders price and the additional member capacity in place when that period starts.

Increasing member capacity

Only an authorized billing administrator of the Customer can increase member capacity, and each increase is a purchase that the administrator must explicitly request. Inviting people to Cuttlefish never buys capacity or creates a charge.

When an increase is requested, a prorated charge for the added members for the rest of the current billing period is made at once. The added capacity becomes available when that charge is paid; if payment does not complete, the increase is not applied. From the next billing period, the added members are included in the monthly fees.

Reducing member capacity

An authorized billing administrator can reduce member capacity to no fewer than the members currently active. A reduction takes effect at the start of the next billing period. The current billing period is not credited or refunded.

Payment

Fees are charged in advance to the payment method set up when the subscription is purchased, unless the Order provides for payment by invoice. Invoices are due within 30 days of the invoice date.

If a payment fails, or an undisputed invoice is more than 15 days overdue, we may suspend access to the hosted services after giving the Customer at least 10 days’ written notice. Suspension does not end the subscription or the obligation to pay, and access is restored once the overdue amount is paid. If the subscription ends because of non-payment, Founders price protection ends as described in Section 2.

If the Customer disputes an invoice in good faith, it should tell us in writing before the due date and pay any undisputed part. We will work with the Customer to resolve the dispute promptly, and we will not suspend access over an amount disputed in this way.

Taxes

Fees do not include sales, use, value-added, goods and services or similar taxes. The Customer pays any such taxes that apply to its purchase, other than taxes on Moguls Inc’s income.

AI model costs

Cuttlefish works with AI models through the Customer’s own provider keys or models it runs itself. Those providers bill the Customer directly for usage. Moguls Inc does not resell AI model usage or add a markup to it.

Price changes

Founders prices are protected as described in Section 2. For any other subscription or contract, we may change prices for future billing periods by giving the Customer at least 30 days’ written notice. A new price applies from the first billing period that starts after the notice period ends. The Customer may cancel before then under Section 4, and the previous price applies until cancellation takes effect.

Renewal

A subscription renews automatically for another monthly billing period at the end of each billing period, at the price and member count then in effect, until it is cancelled.

Cancellation

The Customer may cancel at any time: its authorized billing administrator can cancel in Cuttlefish, or the Customer can send written notice to sales@getcuttlefish.app or legal@getcuttlefish.app, or to the contact named in its Order. Cancellation takes effect at the end of the current billing period: the subscription does not renew and no further fees are charged. The Customer keeps access until then. When a cancelled Founders subscription ends, its price protection ends as described in Section 2.

Refunds

Fees are not refundable for part of a billing period, for unused members or for reduced use, except in these cases:

• If we end a subscription for our convenience or discontinue the Service, we refund the fees paid for the unused part of the current billing period.
• If we end a subscription because of our own uncured material breach, we refund the fees paid for the unused part of the current billing period.
• Amounts invoiced or paid in error are refunded or credited.
• Any refund that applicable law requires.

The Customer’s administrators manage the organization in Cuttlefish: its members, their roles, how they sign in, and the systems connected to it. The Customer is responsible for:

• Keeping its list of members accurate and removing people who should no longer have access.
• The sign-in credentials its members use, and all activity under its organization’s account.
• Its members’ compliance with these Terms.

The Customer must tell us promptly at security@getcuttlefish.app if it becomes aware of unauthorized access to its account or the Service.

While a subscription is active and fees are paid, Moguls Inc grants the Customer and its members a limited, non-exclusive, non-transferable and non-sublicensable right to install and use the Software and to access the hosted services through the official Cuttlefish application, for the Customer’s internal business purposes.

The Customer and its members may not:

• Copy, modify, publish, distribute, sublicense, sell or rent the Software, except as Moguls Inc allows in a separate written license.
• Reverse-engineer, decompile or disassemble the Software or the hosted services, except where applicable law allows it despite this restriction.
• Access the hosted services other than through the official Cuttlefish application.
• Resell, sublicense or provide access to the Service to anyone outside the Customer’s organization.
• Use the Service to build a competing product.

We may update the Software. Some updates may be required to keep using the hosted services.

Cuttlefish runs on a bring-your-own-key model: the Customer connects its own AI providers and uses its own keys, or runs models on its own machines. The Customer is responsible for:

• Obtaining and maintaining valid keys from the AI providers it chooses, for example OpenAI, Anthropic, xAI or Mistral.
• Complying with the terms of service, usage policies and acceptable-use policies of each AI provider it uses through Cuttlefish.
• All costs and charges incurred through its keys.
• Keeping its keys secure.

Moguls Inc is not a party to the Customer’s agreement with any AI provider. We are not responsible for charges, service interruptions or policy decisions of AI providers.

Cuttlefish has built-in safety and policy controls that decide what it is allowed to do. The Customer and its members agree not to:

• Circumvent, disable or tamper with Cuttlefish’s safety and policy controls.
• Modify the Software to bypass those controls or the checks they perform before an action runs.
• Forge, alter or delete the tamper-evident records Cuttlefish keeps of what happened.
• Use the Software in any way intended to evade its guardrails.

Attempts to circumvent these controls may lead to immediate suspension or termination under Section 16, and may be reported to the relevant authorities if illegal activity is suspected.

“Customer Content” means the prompts, files, conversations and other data the Customer and its members put into the Service, and the outputs generated for them. As between the Customer and Moguls Inc, the Customer owns its Customer Content.

The Customer allows Moguls Inc to host, process and transmit Customer Content only as needed to provide, secure and support the Service, as described in the Privacy Policy and our data processing terms. The Customer is responsible for having the rights to the Customer Content it uses with the Service.

Each party may receive non-public information from the other that is marked confidential or would reasonably be understood to be confidential, including Customer Content and the terms of an Order. The receiving party will use it only to perform under these Terms, will protect it with at least reasonable care, and will share it only with people and service providers who need it for that purpose and are bound by similar obligations.

These obligations do not apply to information that is or becomes public through no fault of the receiving party, that it already knew or developed independently, or that it lawfully received from someone else without a duty of confidentiality. A party may disclose confidential information when the law requires it, after giving the other party notice where the law allows.

Unless an Order states a service level, we do not guarantee any specific uptime, or that the Service will be uninterrupted, timely, secure or error-free, or that defects will be corrected within any specific time.

We may change or improve the Service. We will give the Customer reasonable advance notice of a change that materially reduces the Service’s core functionality. If we discontinue the Service, we will give at least 30 days’ notice and refund fees as described in Section 4.

Cuttlefish helps the Customer work with AI models provided by third parties or run by the Customer. The Customer acknowledges that:

• AI-generated outputs may be inaccurate, incomplete or misleading.
• AI outputs are not professional advice, whether legal, medical, financial or otherwise.
• The Customer is responsible for reviewing and verifying AI-generated content and for deciding whether to act on it.
• Moguls Inc makes no warranty about the accuracy or reliability of AI outputs, or their fitness for any particular purpose.

Each party confirms that it has the authority to enter into these Terms.

Except as expressly stated in these Terms or an Order, and to the maximum extent permitted by law, the Service is provided “as is” and “as available,” and Moguls Inc disclaims all other warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, title and non-infringement.

To the maximum extent permitted by applicable law:

Liability cap

Each party’s total liability for all claims arising out of or relating to these Terms or the Service is limited to the fees the Customer paid and was obliged to pay for the Service in the 12 months before the event that gave rise to the claim.

Excluded damages

Neither party is liable for indirect, incidental, special, consequential or punitive damages, even if advised of their possibility. These include:

• Loss of profits, revenue, data or business opportunities.
• Costs incurred through third-party AI provider usage.
• Damages arising from AI-generated outputs that the Customer chose to rely on.

Exceptions

The cap and exclusions above do not apply to the Customer’s obligation to pay fees, to a party’s obligations under Section 15 (Indemnification), or to liability that cannot be limited or excluded under applicable law.

The Customer will defend Moguls Inc, its officers, directors, employees and agents against third-party claims, and pay the resulting damages, costs and reasonable attorneys’ fees finally awarded or agreed in settlement, to the extent the claim arises from:

• Customer Content.
• The Customer’s or its members’ breach of these Terms or of applicable law.
• The Customer’s or its members’ breach of an AI provider’s terms.

Moguls Inc will notify the Customer promptly of the claim, let the Customer control the defense and settlement (though the Customer may not settle in a way that imposes an obligation on Moguls Inc without its consent), and provide reasonable cooperation at the Customer’s expense.

By the Customer

The Customer may cancel its subscription at any time as described in Section 4.

By Moguls Inc

• For material breach: if the Customer materially breaches these Terms and does not cure the breach within 30 days of written notice.
• Immediately: for attempted circumvention of the safety and policy controls, illegal activity, or abuse that threatens the Service or other customers.
• For convenience: with at least 30 days’ written notice, with a refund as described in Section 4.

Suspension

We may suspend access immediately where necessary to prevent harm to the Service, other customers or third parties, to address a security risk, or to comply with law, and in the case of late payment as described in Section 3. We will tell the Customer the reason where we lawfully can and restore access once the issue is resolved.

Effect of termination

When a subscription ends, access to the hosted services ends and any unpaid fees become due. Local data stored on members’ devices, such as conversations, files and settings, stays on those devices unless it is deleted there. Data held in our hosted services is handled as described in the Privacy Policy, including requests to delete it. Safety and audit records are kept in write-once storage for their retention period.

Sections 3 (for fees owed), 9, 10, 13, 14, 15, 17 and 19, and any other terms that by their nature should survive, continue after a subscription ends.

Resolving disputes informally first

Before starting any legal proceeding, a party must send the other a written description of the dispute (to Moguls Inc at legal@getcuttlefish.app), and both parties will try in good faith to resolve it for 30 days. Either party may seek urgent injunctive relief at any time to protect its confidential information or intellectual property.

Governing law and courts

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

The state courts located in New Castle County, Delaware, and, where federal jurisdiction exists, the United States District Court for the District of Delaware have exclusive jurisdiction over any such dispute, and each party consents to their jurisdiction.

Nothing in this section limits any right that cannot be waived under applicable law.

We may update these Terms. For material changes, we will give at least 30 days’ notice by email to the Customer’s administrators and through the website or application before the changes take effect. Changes do not apply retroactively.

If the Customer does not accept a material change, it may cancel before the change takes effect, and the previous Terms continue to apply until cancellation takes effect. The fees and member counts in an existing Order change only as described in Section 3 or by agreement.

• Entire agreement: these Terms, the Customer’s Orders, the Privacy Policy and our data processing terms are the entire agreement between the parties about the Service.
• Assignment: neither party may assign these Terms without the other’s written consent, except to a successor in a merger, acquisition or sale of substantially all of its relevant business, with notice to the other party.
• Notices: notices to Moguls Inc go to legal@getcuttlefish.app. Notices to the Customer go to the billing or administrative contact in its Order, or to its administrators.
• Events beyond control: neither party is liable for delay or failure caused by events beyond its reasonable control, other than the Customer’s obligation to pay.
• Severability and waiver: if any provision is unenforceable, the rest remain in effect. Not enforcing a provision is not a waiver of it.
• Relationship: the parties are independent contractors. These Terms create no rights for third parties.