MOSS

MOSS End User License Agreement

Effective Date: September 7, 2026

This End User License Agreement (this "Agreement") is a legal agreement between ERGO SYSTEMS LLC, a Florida limited liability company ("MOSS," "we," "us," or "our"), and the business or other legal entity accepting this Agreement ("Customer," "you," or "your").

This Agreement governs your access to and use of the MOSS software platform, applications, websites, APIs, integrations, AI-powered functionality, AI Employees, communications tools, workflow automation, scheduling, dispatch, customer-service, sales, relationship-management, knowledge, reporting, and related services made available by MOSS (collectively, the "Services").

By creating an account, clicking to accept this Agreement, executing an order form that references this Agreement, or accessing or using the Services, you agree to be bound by this Agreement.

If you are accepting this Agreement on behalf of a company or other legal entity, you represent and warrant that you have authority to bind that entity.

If you do not agree to this Agreement, do not access or use the Services.

1. THE MOSS SERVICES

MOSS provides software designed to help businesses operate portions of their customer-facing and operational workflows through AI-powered software agents and related automation.

The Services may include AI Employees such as:

  • Customer Service;
  • Sales;
  • Dispatcher;
  • Relationship;

and related functionality for:

  • customer communications;
  • sales workflows;
  • scheduling;
  • dispatch;
  • follow-up;
  • customer retention;
  • knowledge retrieval;
  • integrations;
  • business settings;
  • reporting;
  • operational activity;
  • approvals;
  • escalations;
  • other functionality MOSS may make available.

The specific Services available to Customer depend on Customer's subscription plan, enabled features, integrations, configuration, and applicable Order Form.

2. LICENSE GRANT

Subject to Customer's compliance with this Agreement and payment of applicable fees, MOSS grants Customer a limited, non-exclusive, non-transferable, non-sublicensable, revocable right during the Subscription Term to access and use the Services solely for Customer's internal business purposes.

This Agreement does not transfer ownership of the Services or any MOSS intellectual property to Customer.

All rights not expressly granted are reserved by MOSS.

3. AUTHORIZED USERS

Customer may permit its employees, contractors, and other authorized personnel to access the Services on Customer's behalf ("Authorized Users").

Customer is responsible for:

  • all activity occurring under its accounts;
  • ensuring Authorized Users comply with this Agreement;
  • maintaining the confidentiality of credentials;
  • promptly notifying MOSS of unauthorized access;
  • maintaining accurate account and business information.

Customer may not share accounts in a manner that circumvents user, location, plan, usage, or other product limitations.

4. AI EMPLOYEES AND AI-GENERATED OUTPUT

4.1 AI-Powered Functionality

The Services may use artificial intelligence, machine learning, large language models, retrieval systems, automated decision-support systems, and other computational technologies.

MOSS may use third-party model providers or infrastructure providers to deliver portions of this functionality.

4.2 AI Employees

AI Employees are software systems designed to assist with or automate certain business workflows.

They are not human employees, licensed professionals, fiduciaries, attorneys, accountants, medical professionals, or other regulated professionals.

Customer remains responsible for determining whether and how AI Employees are used within Customer's business.

4.3 Output

The Services may generate recommendations, communications, summaries, classifications, suggested actions, responses, scheduling decisions, workflow actions, or other output ("Output").

Customer acknowledges that AI-generated Output may occasionally be:

  • incomplete;
  • inaccurate;
  • inappropriate;
  • outdated;
  • ambiguous;
  • inconsistent with Customer's intent.

MOSS may use deterministic rules, connected systems, business settings, approvals, and other controls to reduce these risks, but no AI system can be guaranteed to produce error-free Output in every circumstance.

4.4 Customer Responsibility

Customer is responsible for:

  • configuring the Services appropriately;
  • providing accurate business information;
  • maintaining accurate business rules and knowledge;
  • determining which functionality may operate autonomously;
  • reviewing escalations and approval requests;
  • ensuring compliance with applicable laws;
  • supervising use where reasonably appropriate.

Customer must not rely on AI-generated Output as the sole basis for decisions requiring professional judgment, regulatory compliance, emergency response, or other high-risk determinations unless Customer has independently established appropriate controls.

5. CUSTOMER DATA

5.1 Ownership

As between Customer and MOSS, Customer retains all right, title, and interest in data, content, records, documents, customer information, business information, communications, configuration, knowledge, and other materials submitted to or processed through the Services by or on behalf of Customer ("Customer Data").

5.2 License to MOSS

Customer grants MOSS a limited, non-exclusive license to host, copy, process, transmit, display, modify, index, analyze, and otherwise use Customer Data solely as necessary to:

  • provide the Services;
  • operate requested integrations;
  • maintain security and reliability;
  • troubleshoot;
  • provide support;
  • improve functionality where permitted by applicable law and MOSS's Privacy Policy;
  • comply with legal obligations.

5.3 Customer Representations

Customer represents and warrants that:

  • it has all rights and permissions necessary to provide Customer Data to MOSS;
  • Customer's use of the Services will not violate applicable privacy, communications, employment, consumer-protection, intellectual-property, or other laws;
  • Customer has obtained all required consents for communications and processing initiated through the Services.

6. BUSINESS KNOWLEDGE AND CONFIGURATION

Customer may provide business policies, knowledge articles, documents, service information, pricing information, scheduling rules, communication preferences, operational procedures, and other business configuration.

Customer is responsible for keeping such information accurate and current.

MOSS may rely on Customer-provided configuration and knowledge when operating the Services.

If Customer-provided information conflicts with authoritative transactional or connected-system data, the Services may prioritize designated canonical data sources according to MOSS system rules.

Customer acknowledges that incorrect or outdated configuration may result in incorrect or undesirable automated behavior.

7. THIRD-PARTY INTEGRATIONS

The Services may connect with third-party products and services, including scheduling systems, field-service-management systems, communications providers, email providers, accounting software, business-profile services, and other platforms ("Third-Party Services").

Examples may include Google, Microsoft, Jobber, Twilio, QuickBooks, Resend, and other supported providers.

7.1 Customer Authorization

By connecting a Third-Party Service, Customer authorizes MOSS to access and use that service on Customer's behalf within the permissions granted by Customer.

7.2 Third-Party Terms

Customer's use of Third-Party Services remains subject to the applicable third-party provider's terms, policies, permissions, availability, and technical limitations.

MOSS is not responsible for:

  • third-party outages;
  • API changes;
  • provider restrictions;
  • third-party data inaccuracies;
  • third-party service discontinuation;
  • actions taken directly by Customer or a third-party provider.

7.3 Disconnection

Customer may disconnect supported integrations through available controls.

Certain functionality may stop operating or become limited when an integration is disconnected, unavailable, or loses required permissions.

8. COMMUNICATIONS

The Services may support email, messaging, voice, and other communications where enabled.

Customer is solely responsible for ensuring that its use of communications functionality complies with applicable laws and industry rules, including consent, opt-out, telemarketing, messaging, recording, and electronic-communications requirements.

Customer must not use the Services to send:

  • unlawful spam;
  • unsolicited communications prohibited by law;
  • deceptive or fraudulent messages;
  • communications to individuals who have validly opted out where opt-out must be honored.

MOSS may suspend or restrict communications functionality if reasonably necessary to protect the platform, comply with provider requirements, or address legal or compliance risk.

9. CUSTOMER RESPONSIBILITY FOR LEGAL COMPLIANCE

Customer is responsible for its business operations and for complying with all laws applicable to its use of the Services.

This includes, as applicable:

  • consumer-protection laws;
  • privacy laws;
  • electronic-communications laws;
  • telemarketing rules;
  • messaging rules;
  • call-recording laws;
  • employment laws;
  • licensing requirements;
  • advertising rules;
  • industry-specific regulations.

MOSS does not provide legal advice.

10. PROHIBITED USE

Customer may not use the Services to:

  • violate applicable law;
  • infringe intellectual-property or privacy rights;
  • defraud, deceive, harass, threaten, or harm others;
  • distribute malware;
  • interfere with the security or operation of the Services;
  • gain unauthorized access to systems or data;
  • reverse engineer, decompile, or attempt to discover source code except where expressly permitted by law;
  • circumvent subscription, usage, integration, security, or entitlement restrictions;
  • resell the Services except under an authorized partner agreement;
  • use the Services to build or train a directly competing product through systematic extraction of MOSS proprietary functionality;
  • use automated means to scrape or extract substantial portions of the Services;
  • misuse credentials, tokens, or integration access;
  • use the Services for unlawful surveillance or unlawful discrimination;
  • represent AI-generated communications as having been personally authored by a specific individual when doing so would be deceptive or unlawful.

11. SUBSCRIPTION PLANS AND ENTITLEMENTS

Customer's rights to use particular Services depend on the applicable subscription plan.

MOSS may enforce plan limits relating to:

  • AI Employees;
  • integrations;
  • locations;
  • features;
  • automation capabilities;
  • usage;
  • support;
  • other plan-specific entitlements.

Customer may not circumvent these controls.

Certain features may require an upgrade.

12. FEES AND BILLING

Customer agrees to pay all fees stated in the applicable Order Form, subscription checkout, or pricing terms.

Unless otherwise stated:

  • fees are quoted in U.S. dollars;
  • fees are non-refundable except as expressly stated in this Agreement or required by law;
  • taxes are Customer's responsibility except taxes imposed on MOSS's income;
  • subscription fees may be billed monthly, semi-annually, annually, or according to another agreed term.

If Customer authorizes recurring billing, Customer authorizes MOSS or its payment provider to charge the applicable payment method according to the selected billing cadence.

MOSS may suspend access for overdue amounts following reasonable notice, subject to applicable law.

13. TRIALS, TEST ACCOUNTS, AND BETA FEATURES

MOSS may provide trial, internal, sandbox, preview, pilot, beta, or experimental functionality.

Such functionality may:

  • change;
  • contain errors;
  • have reduced availability;
  • be discontinued;
  • be subject to additional restrictions.

Unless expressly stated otherwise, beta or experimental functionality is provided "AS IS" and may not be suitable for production use.

14. INTELLECTUAL PROPERTY

MOSS and its licensors retain all right, title, and interest in and to:

  • the Services;
  • software;
  • source code;
  • object code;
  • user interfaces;
  • workflows;
  • models;
  • system prompts;
  • architectures;
  • APIs;
  • designs;
  • documentation;
  • trademarks;
  • logos;
  • proprietary methods;
  • improvements;
  • derivative works;
  • related intellectual property.

Customer receives only the limited rights expressly granted under this Agreement.

15. FEEDBACK

If Customer provides suggestions, ideas, enhancement requests, recommendations, or other feedback relating to the Services ("Feedback"), Customer grants MOSS a perpetual, irrevocable, worldwide, royalty-free right to use and incorporate that Feedback without restriction or obligation.

Feedback does not include Customer Confidential Information or Customer Data merely because it is provided in connection with support.

16. CONFIDENTIALITY

Each party may receive non-public information from the other that is designated as confidential or that reasonably should be understood to be confidential ("Confidential Information").

The receiving party will:

  • use Confidential Information only to perform under this Agreement;
  • protect it using reasonable safeguards;
  • disclose it only to personnel, contractors, and service providers with a need to know and appropriate confidentiality obligations.

Confidential Information does not include information that:

  • becomes public through no breach;
  • was lawfully known without restriction;
  • is received lawfully from another source without restriction;
  • is independently developed without use of the other party's Confidential Information.

A party may disclose Confidential Information when legally required, provided it gives notice where legally permitted.

17. SECURITY

MOSS will maintain commercially reasonable administrative, technical, and organizational safeguards designed to protect Customer Data.

Customer acknowledges that no system can guarantee absolute security.

Customer is responsible for:

  • maintaining secure credentials;
  • configuring access appropriately;
  • controlling Authorized Users;
  • maintaining security of third-party accounts connected to MOSS.

18. PRIVACY

MOSS's handling of personal information is also governed by its Privacy Policy and, where applicable, a Data Processing Addendum.

If Customer processes personal data through the Services, Customer is responsible for determining whether additional privacy agreements or disclosures are required.

19. SERVICE AVAILABILITY

MOSS will use commercially reasonable efforts to make the Services available.

However, the Services may be unavailable due to:

  • maintenance;
  • provider outages;
  • infrastructure failure;
  • emergency security measures;
  • force majeure;
  • third-party service interruption;
  • circumstances outside MOSS's reasonable control.

Unless separately agreed in writing, this Agreement does not create a guaranteed service-level commitment.

20. CHANGES TO THE SERVICES

MOSS may modify, improve, replace, or discontinue features of the Services.

MOSS will use reasonable efforts to avoid materially reducing core paid functionality during an active subscription term without providing reasonable notice or an appropriate alternative where commercially practicable.

Third-party provider changes may require MOSS to modify or discontinue integration functionality.

21. SUPPORT

MOSS will provide support according to Customer's subscription plan or applicable Order Form.

Support scope, response times, onboarding assistance, implementation assistance, and priority may vary by plan.

Unless expressly agreed in writing, support does not include a guaranteed SLA.

22. WARRANTIES

MOSS warrants that it will provide the Services in a professional and workmanlike manner consistent with generally accepted industry practices.

Customer's exclusive remedy for breach of this warranty is for MOSS to use commercially reasonable efforts to correct the nonconformity.

23. DISCLAIMER OF WARRANTIES

EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE."

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MOSS DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING:

  • MERCHANTABILITY;
  • FITNESS FOR A PARTICULAR PURPOSE;
  • TITLE;
  • NON-INFRINGEMENT;
  • ACCURACY;
  • QUIET ENJOYMENT.

MOSS DOES NOT WARRANT THAT:

  • THE SERVICES WILL BE UNINTERRUPTED;
  • EVERY ERROR WILL BE CORRECTED;
  • AI OUTPUT WILL ALWAYS BE ACCURATE;
  • CUSTOMER WILL ACHIEVE A PARTICULAR BUSINESS RESULT;
  • THIRD-PARTY SERVICES WILL REMAIN AVAILABLE;
  • AUTOMATED ACTIONS WILL ALWAYS MATCH CUSTOMER'S SUBJECTIVE EXPECTATIONS.

24. HIGH-RISK AND EMERGENCY USE

The Services are not designed to replace emergency services, licensed professionals, or legally required human decision-makers.

Customer must not rely solely on MOSS for:

  • emergency dispatch where human or emergency-service intervention is required;
  • life-safety decisions;
  • medical decisions;
  • legal advice;
  • financial advice requiring professional judgment;
  • regulated professional determinations;
  • any use where failure could reasonably result in death, serious bodily injury, or substantial physical harm without appropriate safeguards.

25. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

NEITHER PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR FOR LOST PROFITS, REVENUE, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING FROM OR RELATING TO THIS AGREEMENT, EVEN IF ADVISED OF THE POSSIBILITY.

MOSS'S TOTAL AGGREGATE LIABILITY ARISING FROM OR RELATING TO THIS AGREEMENT WILL NOT EXCEED THE FEES PAID OR PAYABLE BY CUSTOMER TO MOSS DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

The foregoing limitations do not apply to liability that cannot lawfully be limited.

26. CUSTOMER INDEMNIFICATION

Customer will defend, indemnify, and hold harmless MOSS and its officers, directors, employees, affiliates, and agents from claims, damages, liabilities, costs, and expenses, including reasonable attorneys' fees, arising from or related to:

  • Customer Data;
  • Customer's unlawful use of the Services;
  • Customer's violation of third-party rights;
  • Customer's violation of applicable law;
  • communications sent or actions taken by or on behalf of Customer through the Services where such communications or actions result from Customer's configuration, instructions, data, or unlawful business practices;
  • Customer's breach of this Agreement.

MOSS will provide reasonable notice of any indemnified claim and reasonable cooperation at Customer's expense.

27. MOSS INDEMNIFICATION

MOSS will defend Customer against third-party claims alleging that Customer's authorized use of the Services infringes a U.S. patent, copyright, or trademark, and will pay damages finally awarded or agreed in settlement, provided Customer:

  • promptly notifies MOSS;
  • gives MOSS control of the defense and settlement;
  • reasonably cooperates.

MOSS has no obligation for claims arising from:

  • Customer Data;
  • Customer modifications;
  • combinations not supplied by MOSS;
  • use outside the documentation or this Agreement;
  • continued use after notice of alleged infringement;
  • third-party services.

If the Services become subject to an infringement claim, MOSS may:

  • modify the Services;
  • replace affected functionality;
  • obtain rights for continued use;
  • terminate affected functionality and refund prepaid unused fees for that functionality where commercially appropriate.

28. TERM

This Agreement begins when Customer accepts it and continues until all subscriptions and Order Forms have expired or been terminated.

Each subscription term will renew according to the applicable Order Form or checkout terms unless canceled in accordance with those terms.

29. TERMINATION

Either party may terminate this Agreement for material breach if the other party fails to cure the breach within thirty (30) days after written notice.

MOSS may suspend or terminate access immediately if reasonably necessary because of:

  • security risk;
  • unlawful use;
  • fraudulent activity;
  • material platform abuse;
  • legal requirement;
  • failure to pay undisputed fees after required notice;
  • risk to third-party providers or other customers.

30. EFFECT OF TERMINATION

Upon termination:

  • Customer's right to use the Services ends;
  • Customer must stop accessing the Services;
  • unpaid amounts become due;
  • provisions intended to survive will survive.

Subject to applicable law, MOSS's retention policies, and any applicable Order Form or Data Processing Addendum, Customer may request export of available Customer Data before termination or during any applicable post-termination retrieval period.

MOSS may delete Customer Data after the applicable retention period.

31. DATA EXPORT AND PORTABILITY

Where supported, MOSS may provide functionality for Customer to export certain Customer Data.

MOSS is not obligated to reproduce proprietary MOSS system data, model reasoning, internal prompts, security data, system logs, derived analytics, or proprietary metadata unless required by law.

32. NO MODEL CHAIN-OF-THOUGHT ACCESS

Customer acknowledges that MOSS is not required to disclose private model reasoning, hidden chain-of-thought, internal prompts, model weights, proprietary system instructions, or other protected internal reasoning artifacts.

Where appropriate, MOSS may provide summaries, explanations, activity records, structured decision metadata, or other user-facing reasoning information without exposing protected internal model reasoning.

33. EXPORT CONTROLS AND SANCTIONS

Customer may not use the Services in violation of applicable export-control, sanctions, or trade laws.

Customer represents that it is not prohibited from receiving the Services under applicable law.

34. GOVERNMENT USE

If Customer is a government entity, additional terms may apply.

No rights are granted beyond those expressly provided in this Agreement.

35. ASSIGNMENT

Customer may not assign this Agreement without MOSS's prior written consent, except in connection with a merger, acquisition, corporate reorganization, or sale of substantially all of Customer's assets, provided the assignee agrees to be bound by this Agreement.

MOSS may assign this Agreement in connection with a merger, acquisition, financing, corporate reorganization, or sale of all or substantially all of its business or assets.

36. FORCE MAJEURE

Neither party will be liable for delay or failure caused by circumstances beyond its reasonable control, including:

  • natural disasters;
  • acts of government;
  • labor disputes;
  • war;
  • terrorism;
  • civil unrest;
  • telecommunications failures;
  • internet outages;
  • cloud-provider outages;
  • third-party platform failures.

Payment obligations are not excused by this provision.

37. NOTICES

Legal notices must be sent to:

MOSS:

ERGO SYSTEMS LLC

2125 Biscayne Blvd, STE 204 #20921

Miami, FL 33137

United States

jorge@ergosystems.ai

Customer:

The contact information associated with Customer's account or Order Form.

MOSS may provide operational notices electronically through the Services or by email.

38. GOVERNING LAW

This Agreement is governed by the laws of the State of Florida, without regard to conflict-of-law principles.

The parties agree that the state and federal courts located in Miami-Dade County, Florida will have exclusive jurisdiction over disputes arising from this Agreement, except where applicable law requires otherwise.

39. DISPUTE RESOLUTION

Before filing a lawsuit, the parties agree to attempt in good faith to resolve any dispute through informal discussions for at least thirty (30) days after written notice of the dispute.

Nothing in this section prevents either party from seeking emergency injunctive or equitable relief.

Any binding arbitration provision or class-action waiver will apply only if separately adopted by ERGO SYSTEMS LLC in writing as part of this Agreement or another enforceable agreement with Customer.

40. CHANGES TO THIS AGREEMENT

MOSS may update this Agreement from time to time.

For material changes, MOSS will provide reasonable notice through the Services, email, or another reasonable method.

Changes will become effective on the stated effective date.

If a change materially affects Customer during a prepaid subscription term, MOSS will apply the change in accordance with applicable law and contractual obligations.

41. ORDER OF PRECEDENCE

If there is a conflict among applicable documents, the following order applies unless otherwise expressly stated:

  • signed Order Form;
  • Data Processing Addendum;
  • this Agreement;
  • incorporated product policies or documentation.

42. ENTIRE AGREEMENT

This Agreement, together with applicable Order Forms and incorporated documents, constitutes the entire agreement between Customer and MOSS regarding the Services and supersedes prior agreements, representations, and understandings relating to the subject matter.

43. SEVERABILITY

If any provision is held unenforceable, the remaining provisions remain in effect, and the unenforceable provision will be modified to the minimum extent necessary to make it enforceable where permitted by law.

44. WAIVER

Failure to enforce a provision does not waive the right to enforce that provision later.

A waiver is effective only if in writing and signed by the party granting it.

45. NO THIRD-PARTY BENEFICIARIES

Except as expressly stated, this Agreement creates no rights for third parties.

46. ELECTRONIC ACCEPTANCE

Electronic acceptance of this Agreement has the same legal effect as a handwritten signature where permitted by law.

Customer agrees that electronic records may be used in connection with this Agreement and the Services.

47. CONTACT

Questions regarding this Agreement may be sent to:

jorge@ergosystems.ai

ERGO SYSTEMS LLC

2125 Biscayne Blvd, STE 204 #20921

Miami, FL 33137

United States

ACCEPTANCE

BY CREATING AN ACCOUNT, CLICKING "I AGREE," EXECUTING AN ORDER FORM THAT REFERENCES THIS AGREEMENT, OR ACCESSING OR USING MOSS, CUSTOMER ACKNOWLEDGES THAT IT HAS READ, UNDERSTOOD, AND AGREES TO BE BOUND BY THIS AGREEMENT.