Terms of Service
Table of Contents
1. Acceptance of Terms
By downloading, installing, or using Cuttlefish (the "Software") or accessing the Cuttlefish website and backend services (collectively, the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree, do not use the Service.
These Terms constitute a legally binding agreement between you ("User", "you") and Moguls Inc ("Company", "we", "us").
2. Software Licensing
Desktop Application
The Cuttlefish desktop application is released under the MIT License. You are free to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the desktop application, subject to the MIT License terms included with the software.
Backend Services (AGORA Fabric)
The Cuttlefish backend infrastructure, known as AGORA Fabric, is proprietary software owned by Moguls Inc. You are granted a limited, non-exclusive, non-transferable, revocable license to access the backend services through the desktop application for their intended purpose. You may not:
- Reverse-engineer, decompile, or disassemble the backend services
- Attempt to access the backend services outside of the official Cuttlefish application
- Resell, sublicense, or redistribute access to the backend services
- Use the backend services to build a competing product
REVIEW Confirm the exact scope of backend license restrictions.
3. API Keys and Third-Party Providers
Cuttlefish operates on a Bring-Your-Own-Key (BYOK) model. You are responsible for:
- Obtaining and maintaining valid API keys from your chosen AI providers (OpenAI, Anthropic, Google, Mistral, etc.)
- Complying with the terms of service, usage policies, and acceptable use policies of each AI provider you use through Cuttlefish
- All costs and charges incurred through your API keys
- Keeping your API keys secure
Moguls Inc is not a party to your agreement with any third-party AI provider. We are not responsible for any charges, service interruptions, or policy violations arising from your use of third-party services through Cuttlefish.
4. Palisade Governance
Cuttlefish includes the Palisade governance engine, which enforces safety and policy controls on AI operations. You agree not to:
- Circumvent, disable, or tamper with Palisade governance controls
- Modify the application to bypass policy evaluations
- Forge, alter, or delete governance receipts
- Use the Software in any manner that intentionally evades safety guardrails
Attempts to circumvent governance controls may result in immediate termination of your access to the Service and may be reported to relevant authorities if illegal activity is suspected. REVIEW
5. Service Availability
The Service is provided on an "as is" and "as available" basis. We do not guarantee:
- Any specific uptime percentage or availability
- That the Service will be uninterrupted, timely, secure, or error-free
- That defects will be corrected within any specific timeframe
We may modify, suspend, or discontinue any part of the Service at any time, with or without notice. We will make reasonable efforts to provide advance notice of significant changes.
6. AI-Generated Outputs
Cuttlefish facilitates interaction with AI models provided by third parties. You acknowledge and agree that:
- AI-generated outputs may be inaccurate, incomplete, or misleading
- AI outputs do not constitute professional advice (legal, medical, financial, or otherwise)
- You are solely responsible for reviewing, verifying, and deciding whether to act on any AI-generated content
- Moguls Inc makes no warranty regarding the accuracy, reliability, or fitness of AI outputs for any particular purpose
7. Limitation of Liability
To the maximum extent permitted by applicable law:
For the free tier: Moguls Inc's total aggregate liability to you for any and all claims arising out of or relating to the Service is capped at $0 (zero dollars). You use the free Service entirely at your own risk.
In no event shall Moguls Inc be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:
- Loss of profits, data, or business opportunities
- Costs incurred through third-party AI provider usage
- Damages arising from AI-generated outputs
- Service interruptions or data loss
- Unauthorized access to your accounts or API keys
REVIEW Confirm liability cap structure for any future paid tiers.
8. Indemnification
You agree to indemnify, defend, and hold harmless Moguls Inc, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to:
- Your use of the Service
- Your violation of these Terms
- Your violation of any third-party AI provider's terms
- Any content you generate, process, or transmit through the Service
9. Termination
By You
You may stop using the Service at any time by uninstalling the desktop application. No notice to us is required.
By Us
We may suspend or terminate your access to the backend services at any time, for any reason, including but not limited to:
- Violation of these Terms
- Attempted circumvention of governance controls
- Abuse of the Service or its infrastructure
- Illegal activity
Effect of Termination
Upon termination, your right to access the backend services ceases immediately. Your local data (conversations, files, settings) remains on your machine. Governance receipts will be retained per the WORM retention policy (7 years) regardless of termination. The MIT license for the desktop application source code survives termination.
10. Governing Law and Dispute Resolution
Governing Law
These Terms are governed by and construed in accordance with the laws of the State of Florida, United States, without regard to its conflict of law provisions.
Arbitration
Any dispute, controversy, or claim arising out of or relating to these Terms shall be settled by binding arbitration administered in accordance with the rules of the American Arbitration Association. The arbitration shall take place in the State of Florida. The arbitrator's decision shall be final and binding. REVIEW
Class Action Waiver
You agree that any dispute resolution proceedings will be conducted on an individual basis and not as part of a class, consolidated, or representative action. REVIEW
Small Claims Exception
Either party may bring an individual action in small claims court for disputes within that court's jurisdiction.
11. Changes to These Terms
We reserve the right to modify these Terms at any time. We will notify users of material changes through the application or website at least 30 days before they take effect. Continued use of the Service after changes take effect constitutes acceptance of the new Terms. REVIEW
12. Contact
For questions about these Terms:
Moguls Inc
Email: legal@getcuttlefish.app
Web: https://getcuttlefish.app