Terms of Service

1.1 Individual or Organization. If you use the Service for yourself, “you” means you individually. If you use the Service for a company, client, employer, government body, or other organization, “you” and “Customer” mean that organization, and you represent that you have authority to bind it.

1.2 Additional Agreements. A written order form, statement of work, enterprise agreement, data processing addendum, service-level agreement, or product-specific terms accepted by Moshpit (each, an “Order”) may supplement these Terms. If there is a direct conflict, the following order controls only for that conflict: (a) the Data Processing Addendum for processing of personal data; (b) the Order; (c) product-specific terms; (d) these Terms; and (e) referenced policies or Documentation.

1.3 Procurement Terms Rejected. Terms in a purchase order, vendor portal, email, or similar document supplied by you do not modify these Terms unless expressly accepted in a writing signed by an authorized Moshpit representative.

“Account” means the credentials and workspace through which a person or organization accesses the Service.

“Customer Content” means files, Unreal Engine scenes or project materials, assets, images, video, audio, scans, point clouds, meshes, textures, metadata, prompts, instructions, annotations, brand materials, data, and other content submitted to or processed through the Service by or for Customer.

“Documentation” means Moshpit's then-current technical instructions, supported-format information, plan descriptions, and usage guidance for the Service.

“Generated Output” means converted, rendered, compressed, reconstructed, synthesized, or otherwise generated output produced by the Service from Customer Content, including hosted web experiences, splats, previews, thumbnails, analytics, and exports.

“Viewer” means a person who accesses an experience, public or private link, embed, or other Customer-published output without necessarily holding an Account.

“Usage Limits” means plan, Order, technical, security, storage, bandwidth, processing, project, seat, API, credit, and other limits disclosed in the Service or Documentation.

3.1 Age and Capacity. Account holders must be at least 18 years old and legally capable of entering a contract. The Service is not directed to children.

3.2 Accurate Information. You must provide accurate, current information and keep it updated. You may not impersonate another person or use an Account without authorization.

3.3 Security. You are responsible for credentials, API keys, single-sign-on settings, authorized devices, and activity under your Account. Use reasonable security controls, including multi-factor authentication where available, and notify help@unrealtwin.com promptly of suspected unauthorized access.

3.4 Organization Accounts. An organization's administrators may provision or remove users, control workspaces and content, view account activity, manage integrations, and access or export data associated with the organization. If an Account was created using an organization-controlled email address, the organization may claim or manage that Account after reasonable verification.

3.5 No Account Transfer. You may not sell, lease, transfer, or share an Account or API credential except through authorized workspace features.

4.1 Service Function. The Service may convert and optimize complex 3D scenes and media into browser-accessible experiences; host, stream, and display those experiences; provide collaboration, analytics, APIs, custom branding or domains; and offer AI-assisted scene understanding, navigation, question-answering, lead capture, or related functionality. Features depend on plan, format, device, region, and technical availability.

4.2 Limited License. Subject to these Terms and payment of applicable fees, Moshpit grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable right during the applicable subscription or Order term to access and use the Service for your internal, professional, or authorized client-facing purposes.

4.3 Documentation and Changes. You must follow the Documentation and reasonable technical instructions. Moshpit may improve, replace, or discontinue features as described in Section 26.

4.4 APIs and Integrations. API use is subject to applicable Usage Limits and Documentation. You are responsible for integrations you configure, including their security, permissions, and compliance. Moshpit may rotate credentials, require updated API versions, or suspend an integration that creates security, legal, or operational risk.

5.1 Charges. Fees, billing frequency, included credits, seats, projects, storage, bandwidth, conversion entitlements, and other commercial terms are those displayed at purchase or stated in an Order. Except where law requires otherwise, fees are quoted and payable in U.S. dollars.

5.2 Authorization. You authorize Moshpit and its payment processor to charge the selected payment method for all amounts due, including recurring fees, usage charges, applicable taxes, and approved add-ons. Payment processors may impose separate terms.

5.3 Automatic Renewal. A recurring subscription renews automatically for successive periods equal to the initial subscription period unless you cancel before renewal. Before purchase, Moshpit will disclose the recurring nature, renewal interval, price or pricing method, and cancellation method. Renewal occurs at the then-current price, subject to advance notice when required by law.

5.4 Cancellation. You may cancel through available Account settings or by contacting help@unrealtwin.com. Cancellation stops future renewal and takes effect at the end of the then-current paid period unless the Service states otherwise or law requires an earlier effective date. Moshpit will not require a materially more burdensome cancellation method than the method used to subscribe.

5.5 Trials and Promotions. Trial, promotional, and beta access may have additional limits and may be changed or withdrawn. A trial will convert to a paid plan only if the conversion terms and charge date were clearly disclosed and you provided the required authorization.

5.6 Credits. Processing, conversion, storage, or other credits are a contractual service entitlement, not money or stored value. Credit expiration, rollover, and refund rules will be disclosed at purchase or in an Order. Promotional credits may expire and have no cash value.

5.7 Taxes. Fees exclude taxes unless stated otherwise. You are responsible for sales, use, value-added, withholding, and similar taxes, excluding taxes based on Moshpit's net income. If withholding is required, you will gross up the payment unless prohibited by law and provide valid documentation.

5.8 Late or Failed Payment. Moshpit may suspend paid features after reasonable notice of overdue amounts, except where immediate action is reasonably necessary to prevent fraud or loss. You remain responsible for undisputed charges. You must contact Moshpit before initiating a chargeback for a billing issue that can reasonably be investigated.

5.9 Refunds. Except as expressly stated in an Order, required by applicable law, or provided under Section 25.5, fees are non-refundable and commitments are non-cancelable during the committed term.

6.1 Your Ownership. As between you and Moshpit, you retain your rights in Customer Content. These Terms do not transfer ownership of Customer Content to Moshpit.

6.2 Limited License to Operate the Service. You grant Moshpit and its authorized subprocessors a worldwide, non-exclusive, royalty-free license during the service term and reasonable deletion or backup period to host, copy, transmit, encode, transcode, compress, convert, technically modify, create technical derivatives of, display, and distribute Customer Content only as reasonably necessary to provide, secure, maintain, troubleshoot, and support the Service; comply with your sharing and configuration instructions; enforce these Terms; and comply with law.

6.3 Public and Private Settings. The license in Section 6.2 includes making Customer Content and Generated Output available to persons you authorize through public links, private links, embeds, custom domains, collaborator access, or other settings. A public or unlisted link may be forwarded, indexed, recorded, copied, or accessed by unintended persons. You are responsible for selecting appropriate access controls.

6.4 No Advertising or Portfolio Use Without Permission. Moshpit will not use non-public Customer Content in advertising, public showcases, case studies, or portfolios without Customer's express permission.

6.5 No Generalized Model Training Without Opt-In. Moshpit will not use non-public Customer Content or Generated Output to train generalized artificial-intelligence or machine-learning models unless Customer affirmatively opts in or a separate written agreement expressly permits it. Moshpit may use de-identified, aggregated operational telemetry that does not reveal Customer Content or identify a person to secure, measure, and improve the Service.

6.6 Content Removal and Copies. Deleting Customer Content may not immediately remove cached, backup, exported, or previously shared copies. Viewers or collaborators may retain copies obtained while access was permitted. Retention and deletion are further described in the Privacy Policy and any applicable Data Processing Addendum.

7.1 Rights in Generated Output. As between you and Moshpit, and to the extent permitted by applicable law, you own Generated Output created specifically from your Customer Content, excluding Moshpit Technology, third-party materials, open-source components, and any underlying rights in Customer Content. Moshpit assigns to you any rights it may have in such Customer-specific Generated Output, subject to these exclusions and your compliance with these Terms.

7.2 Moshpit Technology Reserved. Moshpit retains all rights in the Service, software, source code, models, algorithms, workflows, conversion methods, compression, streaming systems, templates, generic scene components, Documentation, know-how, and improvements, even when used to create Generated Output. No rights are granted by implication.

7.3 Non-Unique and Variable Results. Similar inputs may produce similar or identical outputs for different users. Output may vary across versions, devices, browsers, settings, and repeated processing. Moshpit does not guarantee that an output is unique, copyrightable, non-infringing, complete, or suitable for a particular purpose.

7.4 Visualization, Not Ground Truth. Unless an Order expressly states otherwise, Generated Output is intended for visualization and communication, not as a certified survey, building-information model, engineering drawing, construction document, safety system, measurement authority, code-compliance determination, emergency-response tool, or record of physical conditions. Geometry, dimensions, colors, materials, lighting, labels, object recognition, and spatial relationships may be approximate or incomplete. Independently verify any information used for design, construction, financial, legal, safety, medical, or other consequential decisions.

7.5 Export Responsibility. You are responsible for testing exports, retaining source files, validating third-party compatibility, and complying with licenses that apply to exported materials.

8.1 Required Rights. You represent and warrant that you have all rights, licenses, consents, notices, and lawful bases necessary for Moshpit to receive and process Customer Content and for you to use, publish, share, and commercialize Generated Output as configured.

8.2 People, Property, and Confidential Material. You are responsible for permissions relating to persons, faces, voices, performances, private property, interiors, locations, trademarks, copyrighted works, confidential information, trade secrets, personal data, and other protected material depicted or included in Customer Content.

8.3 Client and Employer Materials. If Customer Content belongs to a client, employer, collaborator, licensor, or other third party, you must have authority to upload and process it and must honor any restrictions on public display, geographic distribution, modification, AI processing, cloud hosting, or sublicensing.

8.4 Third-Party Asset Licenses. Assets obtained through Epic, Fab, Unreal Engine Marketplace, Quixel, MetaHuman, plugins, stock libraries, scanning providers, generative-AI tools, or other sources remain subject to their own licenses. The Service does not expand those rights. You are solely responsible for determining whether cloud processing, conversion, embedding, public streaming, client delivery, export, or other use is permitted.

8.5 Restricted Technology. Do not upload Unreal Engine source code, editor binaries, Engine Tools, credentials, encryption keys, or other restricted technology unless the Documentation expressly supports the upload and you have authority to provide it. Moshpit may reject or delete unsupported or legally restricted materials.

9.1 Independent Service. UnrealTwin is an independent product of Moshpit XR, LLC. It is not sponsored, endorsed, administered by, or affiliated with Epic Games, Inc. unless Moshpit separately states so in an Epic-approved writing.

9.2 Epic Rights. Unreal, Unreal Engine, Epic Games, Fab, MetaHuman, Quixel, and related names, logos, and marks are owned by Epic Games, Inc. or its affiliates. No Epic trademark or technology license is granted by these Terms.

9.3 Customer Compliance. You remain responsible for complying with all Epic agreements and content licenses applicable to your use, including the Unreal Engine End User License Agreement and licenses for Marketplace, Fab, Quixel, MetaHuman, plugins, and other content.

9.4 Epic Is Not a Party. Epic has no obligation to provide support, warranties, indemnification, refunds, or other remedies relating to the Service. Moshpit does not make representations on Epic's behalf.

10.1 AI Processing. Certain features may analyze scenes, images, text, audio, object relationships, or viewer prompts to generate descriptions, navigation, answers, classifications, segmentation, recommendations, lead qualification, or other output (“AI Output”). AI features may use Moshpit models and authorized third-party model providers identified in a subprocessor list or applicable notice.

10.2 Human Review Required. AI Output may be inaccurate, incomplete, offensive, biased, outdated, fabricated, or unsuitable. You must review and validate it before use or publication. Do not represent AI Output as independently verified by Moshpit.

10.3 Prohibited High-Risk Reliance. You may not use the Service or AI Output as the sole basis for decisions that determine a person's eligibility, access, or rights in employment, housing, lending, insurance, education, healthcare, legal services, essential utilities, government benefits, law enforcement, biometric identification, or other high-impact contexts, or in a safety-critical system, unless expressly authorized by a written enterprise agreement and permitted by law.

10.4 Transparency and Consent. You are responsible for providing legally required notices and obtaining consent when people interact with an AI agent, are recorded, are profiled, or are subject to automated processing. Do not use AI features for deceptive impersonation, undisclosed synthetic endorsements, unlawful surveillance, or manipulative dark patterns.

10.5 Provider Restrictions. You must comply with any disclosed third-party AI-provider use restrictions. Moshpit may disable an AI feature if necessary to comply with provider terms, law, or safety requirements.

11.1 Sharing Controls. You control whether an experience is private, restricted, unlisted, public, embedded, or made available through a custom domain, subject to plan features. Moshpit cannot guarantee that a recipient will keep a restricted link confidential.

11.2 Viewer Notices. When you publish or embed an experience, you are responsible for any notices, consents, age gates, terms, accessibility information, and privacy disclosures required for your audience and use case. If a Viewer submits contact or lead information, you must use it lawfully and provide your own privacy notice.

11.3 Embedded Service. An embed may set or read essential and, where enabled, analytics technologies. You are responsible for configuring your website's consent mechanism and identifying Moshpit as a service provider or processor where required.

11.4 Collaborators. You are responsible for collaborator invitations, permissions, and actions. Remove access promptly when it is no longer authorized.

11.5 Custom Domains and Branding. You represent that you have rights to domains, logos, fonts, and brand assets you connect to the Service. You are responsible for DNS security, renewal, and legal notices on custom domains. Moshpit may display limited service attribution unless an applicable plan permits removal.

You may not, and may not enable another person to:

• use the Service or Customer Content unlawfully, fraudulently, deceptively, or in violation of another person's rights;
• upload or distribute malware, ransomware, destructive code, credential-stealing content, or content designed to exploit a device, browser, network, or person;
• infringe, misappropriate, or violate intellectual-property, privacy, publicity, confidentiality, data-protection, contractual, or other rights;
• create or distribute child sexual abuse material, non-consensual intimate imagery, unlawful sexually exploitative content, terrorist content, credible threats, incitement to violence, or content whose distribution is illegal;
• impersonate a person or organization, misrepresent affiliation, create deceptive synthetic media, or conceal that an AI agent is automated where disclosure is required;
• harass, stalk, unlawfully surveil, dox, discriminate against, exploit, or endanger a person or protected group;
• collect personal data from Viewers without an appropriate notice, lawful basis, and security controls;
• probe, scan, penetration-test, overload, disrupt, evade rate limits, bypass access controls, or access non-public systems or data without Moshpit's prior written authorization;
• reverse engineer, decompile, disassemble, copy, frame, mirror, scrape, or derive source code or non-public models from the Service except to the limited extent such restriction is prohibited by law;
• use automated means to extract data or output at a scale or for a purpose not permitted by the Documentation;
• rent, lease, sublicense, resell, white-label, or provide the Service as a service bureau except as expressly permitted by an Order or plan;
• remove proprietary notices, falsify usage, share credentials, or circumvent payment, licensing, or Usage Limits;
• use the Service to develop or train a competing model or service using non-public aspects of the Service, except with Moshpit's written consent; or
• use the Service in a manner that creates material legal, security, reputational, or operational risk to Moshpit, its providers, other customers, or the public.

Moshpit may publish additional reasonable acceptable-use or safety rules. Enforcement will be proportionate where reasonably possible, but Moshpit may act immediately to address illegal content, security incidents, or imminent harm.

Unless a written enterprise agreement and, where necessary, a data processing addendum or business associate agreement expressly permits it, the Service is not designed for and you must not submit: protected health information regulated by HIPAA; full payment-card data; bank credentials; Social Security, national identity, passport, or driver's-license numbers; precise location histories; biometric identifiers used for unique identification; genetic data; data about children; highly sensitive government or defense information; export-controlled technical data; or information subject to special localization or professional-secrecy requirements.

Customer Content may incidentally depict faces, voices, homes, workplaces, license plates, documents, or other personal information. You must minimize such data, obtain required permissions, and use access controls appropriate to the risk. Moshpit may require deletion or migration to an approved enterprise environment.

14.1 Plan Limits. Use is subject to Usage Limits. Moshpit may measure usage and require an upgrade, additional purchase, or reduction in use when limits are exceeded.

14.2 Meaning of “Unlimited.” If a plan or marketing description uses “unlimited,” it means there is no preset metered cap for ordinary, good-faith use consistent with the plan's intended purpose. It does not permit abusive, automated, unlawful, resale, denial-of-service, cryptocurrency-mining, archival, or disproportionately resource-intensive use, and remains subject to reasonable technical, security, and fair-use controls disclosed at or before purchase.

14.3 Capacity Management. Moshpit may queue, throttle, rate-limit, compress, pause, or restrict workloads to protect security, service stability, third-party infrastructure, or other customers. Except for emergencies, suspected abuse, nonpayment, or legal requirements, Moshpit will use reasonable efforts to notify you and offer a practical path to restore normal use.

14.4 No Evasion. You may not divide workloads across Accounts, workspaces, domains, or credentials to evade Usage Limits.

You are responsible for: (a) your equipment, connectivity, browsers, devices, and third-party software; (b) retaining complete source files and independent backups; (c) validating conversions, outputs, measurements, links, permissions, and exports; (d) configuring access, privacy, cookies, domains, integrations, and collaborators; (e) obtaining end-user and depicted-person notices and consents; (f) complying with laws, professional duties, client contracts, and third-party licenses; and (g) the acts and omissions of your users, administrators, contractors, clients, and Viewers to the extent under your control.

Moshpit will maintain commercially reasonable administrative, technical, and organizational safeguards designed to protect the confidentiality, integrity, and availability of the Service and personal data, taking account of the nature and risk of processing. No internet service or storage system is completely secure, and Moshpit does not guarantee that unauthorized access, loss, or disruption will never occur.

You must promptly report vulnerabilities through help@unrealtwin.com and must not publicly disclose or exploit a vulnerability before Moshpit has had a reasonable opportunity to investigate and remediate it. This does not prohibit good-faith research conducted under an applicable published vulnerability-disclosure policy.

The UnrealTwin Privacy Policy describes how Moshpit handles personal information for its own purposes. Where Moshpit processes Customer-controlled personal data in Customer Content or Viewer interactions on Customer's behalf, the parties' applicable Data Processing Addendum governs and Moshpit acts as a processor or service provider to the extent required by law. Customer is responsible for its instructions, lawful basis, notices, and responses to data-subject requests concerning Customer-controlled data.

18.1 Confidential Information. “Confidential Information” means non-public information disclosed by one party to the other that is identified as confidential or reasonably should be understood as confidential, including Customer Content, security information, product roadmaps, pricing, and business plans. It excludes information the recipient can document: (a) is public without breach; (b) was lawfully known without restriction; (c) was independently developed without use of the discloser's information; or (d) was lawfully received from a third party without duty of confidentiality.

18.2 Duties. The recipient will use Confidential Information only to perform or exercise rights under the agreement, protect it using at least reasonable care, and disclose it only to personnel, affiliates, and contractors who need to know and are bound by confidentiality obligations at least as protective.

18.3 Required Disclosure. The recipient may disclose Confidential Information when legally required, provided it gives advance notice where lawful and reasonable assistance at the discloser's expense.

18.4 Equitable Relief. Unauthorized use or disclosure may cause irreparable harm for which monetary damages are inadequate; the discloser may seek appropriate equitable relief.

The Service may interoperate with cloud hosts, payment processors, identity providers, content-delivery networks, analytics tools, AI model providers, plugins, marketplaces, browsers, devices, and other third-party services. Your use of a third-party service is governed by its terms and privacy practices. Moshpit is not responsible for a third party's acts, omissions, availability, security, or changes, but remains responsible for its own obligations under these Terms and applicable law.

Open-source components are licensed under their applicable licenses. To the extent an open-source license expressly overrides these Terms for a component, that license controls for that component.

Features identified as alpha, beta, preview, early access, experimental, evaluation, free, or similar are provided for testing, may be incomplete or inaccurate, may have reduced security or support, may change or end without notice, and may not be used for production or consequential decisions unless Moshpit expressly authorizes such use. No service level, data-retention commitment, or support obligation applies unless stated in an Order.

Moshpit and its licensors own the Service, Moshpit Technology, Documentation, interfaces, visual designs, trademarks, and all related intellectual-property rights. Except for the limited rights expressly granted, Moshpit reserves all rights.

You may not copy, modify, create derivative works of, distribute, sell, lease, sublicense, publicly display, or exploit Moshpit Technology; remove notices; access or use it to build a substantially similar competing service; or allow access by an unauthorized third party, except as expressly permitted by these Terms, an Order, or mandatory law.

If you voluntarily provide suggestions, ideas, or feedback about the Service, you grant Moshpit a perpetual, irrevocable, worldwide, royalty-free right to use and commercialize that feedback without restriction or compensation. This does not grant Moshpit rights in Customer Content or Confidential Information.

23.1 Policy. Moshpit respects intellectual-property rights and may remove or disable access to material in response to a valid notice. Moshpit may terminate, in appropriate circumstances, Accounts of repeat infringers.

23.2 DMCA Notice. A notice under the U.S. Digital Millennium Copyright Act should be sent to Moshpit's designated agent and include: (a) a physical or electronic signature of an authorized person; (b) identification of the copyrighted work, or a representative list; (c) identification and location of the allegedly infringing material sufficient for Moshpit to find it; (d) the complaining party's contact information; (e) a good-faith statement that the disputed use is not authorized by the owner, its agent, or law; and (f) a statement, under penalty of perjury, that the notice is accurate and the sender is authorized to act.

23.3 Counter-Notice. If material was removed by mistake or misidentification, the affected user may send a counter-notice containing: (a) a signature; (b) identification of removed material and its prior location; (c) a statement under penalty of perjury of good-faith belief in mistake or misidentification; and (d) consent to the jurisdiction of the appropriate U.S. federal district court and acceptance of service from the complainant. Moshpit may restore material as permitted by law.

23.4 Agent. DMCA notices must be sent to: Moshpit XR, LLC, email: help@unrealtwin.com.

23.5 Misrepresentation. Knowingly submitting a materially false notice or counter-notice may create liability. Moshpit may forward notices and counter-notices to the affected parties and disclose them as required by law.

Moshpit has no general obligation to monitor Customer Content but may use automated and human measures to detect malware, abuse, security threats, illegal material, or violations. Moshpit may investigate, preserve evidence, restrict sharing, remove content, or cooperate with authorities where reasonably necessary. Moshpit will not access non-public Customer Content for unrelated purposes.

25.1 By You. You may stop using the Service at any time and may cancel a subscription under Section 5. Closing an Account does not erase obligations accrued before closure.

25.2 Suspension. Moshpit may suspend or limit access when reasonably necessary for security, suspected fraud or abuse, illegal content, nonpayment, breach, protection of other customers, provider requirements, or legal compliance. Where reasonable, Moshpit will give notice and an opportunity to cure. Immediate suspension may occur for urgent risk.

25.3 Termination for Cause. Either party may terminate an Order or these Terms for material breach if the breach is not cured within 30 days after written notice, or 10 days for nonpayment, unless the breach cannot be cured. Moshpit may terminate immediately for unlawful use, deliberate security abuse, repeated infringement, or conduct creating imminent harm.

25.4 Insolvency and Discontinuation. Either party may terminate if the other becomes insolvent or ceases business, subject to law. Moshpit may discontinue the Service or a material paid feature for business, technical, legal, or provider reasons. Where commercially feasible, Moshpit will give at least 30 days' notice.

25.5 Refund on Moshpit Termination Without Cause. If Moshpit terminates a prepaid paid subscription without cause before the end of its committed term, Moshpit will refund the prepaid fees allocable to the unused period. No refund is due for termination or suspension caused by your breach, nonpayment, unlawful conduct, or a force-majeure event, except where law requires otherwise.

25.6 Effect and Export. On termination, your license ends and public links may stop working. Subject to payment, law, security, and the reason for termination, Moshpit will provide a commercially reasonable opportunity, ordinarily 30 days, to export supported Customer Content or Generated Output. After that period, Moshpit may delete data under its retention schedule. You must retain your own source files and backups.

25.7 Survival. Provisions that by their nature should survive will survive, including ownership, accrued payment, confidentiality, disclaimers, limitations, indemnity, dispute resolution, and general provisions.

26.1 Changes. Moshpit may update formats, interfaces, models, infrastructure, Usage Limits, and features. Moshpit will not materially reduce the core functionality of a paid committed plan during its term without reasonable notice, except when required for security, law, third-party dependencies, or to prevent harm.

26.2 Maintenance and Outages. The Service may be unavailable for maintenance, upgrades, emergencies, network failures, provider incidents, or events beyond Moshpit's control. Unless an Order contains an SLA, no uptime or response-time commitment applies.

26.3 Compatibility. Performance and features vary by operating system, browser, GPU, device memory, bandwidth, content complexity, accessibility settings, and third-party platform support. Moshpit may publish minimum or recommended requirements and may present a compatibility message or reduced experience on unsupported systems. Moshpit does not warrant operation on every device or browser.

26.4 Support. Support channels, response targets, and service hours depend on plan or Order. Support targets are not guarantees unless included in an SLA.

For a paid business subscription, Moshpit warrants that the Service will perform in all material respects according to the then-current Documentation during the subscription term. Your exclusive remedy for a verified breach is for Moshpit to use reasonable efforts to correct the nonconformity; if Moshpit cannot do so within a reasonable time, either party may terminate the affected Service and Moshpit will refund prepaid fees for the unused affected period. This warranty does not apply to beta features, free access, third-party services, unsupported use, Customer Content, or issues caused by your systems or breach.

Consumer users may have non-waivable statutory rights. Nothing in these Terms limits those rights.

EXCEPT FOR THE EXPRESS LIMITED WARRANTY IN SECTION 27 AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICE, DOCUMENTATION, GENERATED OUTPUT, AI OUTPUT, AND ALL RELATED MATERIALS ARE PROVIDED “AS IS” AND “AS AVAILABLE.” MOSHPIT AND ITS LICENSORS DISCLAIM ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, QUIET ENJOYMENT, AND WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

MOSHPIT DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, COMPATIBLE WITH EVERY DEVICE OR ASSET, FREE OF HARMFUL COMPONENTS, OR THAT CONTENT OR OUTPUT WILL BE PRESERVED, UNIQUE, COMPLETE, DIMENSIONALLY ACCURATE, LEGALLY COMPLIANT, OR SUITABLE FOR A PROFESSIONAL OR CONSEQUENTIAL USE. MOSHPIT IS NOT RESPONSIBLE FOR CUSTOMER CONTENT, THIRD-PARTY ASSETS, VIEWER CONDUCT, OR THIRD-PARTY SERVICES.

29.1 Excluded Damages. TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER PARTY NOR ITS AFFILIATES, LICENSORS, OR PROVIDERS WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES; LOSS OF PROFITS, REVENUE, GOODWILL, BUSINESS, OPPORTUNITY, OR ANTICIPATED SAVINGS; LOSS, CORRUPTION, OR UNAVAILABILITY OF DATA OR CONTENT; OR COST OF SUBSTITUTE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY.

29.2 Liability Cap. TO THE FULLEST EXTENT PERMITTED BY LAW, MOSHPIT'S AND ITS AFFILIATES' AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE OR AGREEMENT WILL NOT EXCEED THE GREATER OF: (A) THE AMOUNTS PAID OR PAYABLE BY CUSTOMER TO MOSHPIT FOR THE AFFECTED SERVICE DURING THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY; OR (B) US$100 IF CUSTOMER USED ONLY FREE SERVICE. AN ORDER MAY ESTABLISH A DIFFERENT CAP.

29.3 Exclusions. Nothing excludes or limits liability for fraud, fraudulent misrepresentation, willful misconduct, death or personal injury caused by negligence, or any liability that cannot lawfully be excluded or limited. Your payment obligations and liability for violating Moshpit's intellectual-property rights are not limited by Section 29.2.

29.4 Allocation of Risk. The fees reflect this allocation of risk, and the limitations apply even if a remedy fails of its essential purpose.

30.1 Customer Indemnity. If you use the Service for an organization, client, commercial, or professional purpose, you will defend Moshpit, its affiliates, and their personnel against third-party claims and indemnify them for resulting damages, judgments, settlements, penalties, and reasonable legal fees arising from: (a) Customer Content or Generated Output; (b) your publication, sharing, sale, or use of an experience; (c) your breach of Sections 8, 10, 11, 12, 13, or 15; (d) your violation of law or third-party rights; or (e) your users' or clients' use under your Account. This does not apply to the extent a claim results from Moshpit's breach, gross negligence, or willful misconduct.

30.2 Procedure. Moshpit will give prompt notice, allow you to control the defense with qualified counsel, and provide reasonable cooperation at your expense. You may not settle a claim in a manner that admits fault by Moshpit, imposes non-monetary obligations on Moshpit, or fails to release Moshpit, without written consent. Moshpit may participate with its own counsel at its expense.

31.1 Read This Section. This Section applies to the fullest extent permitted by law. It does not prevent either party from seeking relief in small-claims court, reporting to a government agency, or seeking temporary injunctive relief to prevent actual or threatened misuse of intellectual property, confidential information, or systems.

31.2 Informal Resolution. Before filing a claim, the claimant must send a written Notice of Dispute describing the name and contact information of the claimant, Account, facts, legal basis, and requested relief. The parties will attempt in good faith to resolve the dispute individually for 60 days. Limitation periods are tolled during that period.

31.3 Agreement to Arbitrate. Except for the carve-outs in Section 31.1 and unless you timely opt out, you and Moshpit agree that any dispute arising from or relating to the Service, these Terms, an Account, marketing, or the relationship between the parties will be resolved by binding individual arbitration, not in court. The Federal Arbitration Act governs the interpretation and enforcement of this section.

31.4 Rules and Forum. Arbitration will be administered by the American Arbitration Association (AAA) under its applicable Consumer Arbitration Rules for an individual using the Service primarily for personal purposes, or its Commercial Arbitration Rules for other users, as modified by these Terms. Hearings may occur remotely unless the arbitrator determines an in-person hearing is necessary. Moshpit will pay fees it is required to pay by the applicable rules or law.

31.5 Individual Relief Only. THE ARBITRATOR MAY AWARD RELIEF ONLY TO THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO RESOLVE THAT PARTY'S INDIVIDUAL CLAIM. YOU AND MOSHPIT WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS, COLLECTIVE, REPRESENTATIVE, CONSOLIDATED, OR PRIVATE-ATTORNEY-GENERAL ACTION OR ARBITRATION, TO THE FULLEST EXTENT PERMITTED BY LAW.

31.6 Arbitration Authority. The arbitrator may award the same individual remedies available in court and will issue a reasoned written decision. Courts, not the arbitrator, will decide disputes about the enforceability of the class-action waiver or whether the opt-out was valid. Judgment may be entered in any court with jurisdiction.

31.7 Severability. If a final decision finds that the individual-relief limitation is unenforceable for a particular claim or remedy, that claim or remedy will be severed and resolved in the courts identified in Section 31.9, while the remaining claims remain in arbitration. If the class-action waiver is unenforceable as to a class or representative claim, the arbitration agreement will not apply to that claim.

31.8 Opt-Out. You may opt out of arbitration by sending an individual written notice to help@unrealtwin.com within 30 days after first accepting these Terms. The notice must include your name, Account email, organization if applicable, and an unambiguous statement that you opt out of arbitration. Opting out will not affect access to the Service.

31.9 Governing Law and Courts. Except for the Federal Arbitration Act and non-waivable local law, these Terms are governed by the laws of the State of Delaware, without regard to conflict-of-law rules. Any dispute not subject to arbitration must be brought exclusively in the state or federal courts located in Delaware, and each party consents to those courts.

EACH PARTY WAIVES A JURY TRIAL TO THE FULLEST EXTENT PERMITTED BY LAW.

31.10 Non-U.S. Users. If mandatory law where you reside prohibits arbitration, a class waiver, governing-law choice, or exclusive venue, the prohibited provision will not apply to you, and your mandatory rights remain unaffected.

You may not use, export, re-export, transfer, or provide the Service, Customer Content, or related technology in violation of U.S. or other applicable export-control, sanctions, or trade laws. You represent that you are not a prohibited party and are not located in a comprehensively sanctioned territory, except as authorized by law. You are responsible for classification and licensing of Customer Content and exports.

Moshpit may update these Terms to reflect changes in law, security, products, business practices, or third-party requirements. Moshpit will post the updated Terms and update the date above. For material changes, Moshpit will provide reasonable advance notice through email, Account notice, or the Service, except where an immediate change is required by law or urgent risk. Changes apply prospectively. If you object to a material change, you must stop using and cancel the affected Service before it becomes effective; continued use after the effective date constitutes acceptance where permitted by law.

34.1 Notices. Operational notices may be provided through the Service or email. Legal notices to Moshpit must be sent to the address in Section 35 unless a specific section states otherwise. You must keep your contact information current.

34.2 Assignment. You may not assign these Terms without Moshpit's prior written consent, except to a successor in a merger or sale of substantially all relevant assets that is not a direct competitor and agrees in writing to be bound. Moshpit may assign these Terms to an affiliate or in connection with a merger, financing, reorganization, or sale of business or assets.

34.3 Force Majeure. Neither party is liable for delay or failure caused by events beyond its reasonable control, including natural disaster, war, terrorism, civil unrest, labor dispute, internet or utility failure, cloud or platform outage, epidemic, government action, or denial-of-service attack, except for payment obligations due before the event.

34.4 Independent Contractors. The parties are independent contractors. These Terms do not create an agency, partnership, fiduciary, employment, franchise, or joint-venture relationship.

34.5 No Third-Party Beneficiaries. Except as expressly stated, these Terms create no third-party beneficiary rights.

34.6 Severability and Waiver. If a provision is unenforceable, it will be enforced to the maximum lawful extent and the remainder will continue. Failure to enforce a provision is not a waiver.

34.7 Entire Agreement. These Terms and incorporated agreements are the entire agreement about the Service and supersede prior or contemporaneous proposals and understandings on that subject.

34.8 Interpretation. Headings are for convenience. “Including” means “including without limitation.” Electronic acceptance and signatures are binding. The English version controls to the extent permitted by law.

Moshpit XR, LLC

UnrealTwin

Support: help@unrealtwin.com