Terms of Use
Last updated: March 18, 2026
1. Acceptance of Terms
By downloading, installing, or using DeskMochi (the "Service"), you agree to be bound by these Terms of Use ("Terms"). If you do not agree to these Terms, do not use the Service.
2. Description of Service
DeskMochi is a desktop AI companion application developed by WhySoNice LLC that provides conversational AI assistance. The Service includes the desktop application for macOS and Windows, the DeskMochi website, API, and any related services. DeskMochi uses third-party AI providers (Google Gemini, Anthropic Claude, and OpenAI) to generate responses to your messages.
3. Account Registration
To use the Service, you must create an account with a valid email address. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You must notify us immediately of any unauthorized use of your account.
You must be at least 13 years of age to create an account. If you are under 18, you must have the consent of a parent or legal guardian.
4. Subscription & Payments
4.1 DeskMochi Plus
The Service requires an active DeskMochi Plus subscription. Subscriptions are billed monthly or annually through Stripe. Each subscription includes a monthly AI usage budget. Pricing and budget amounts are displayed at the time of purchase and may change with notice.
4.2 Usage Budget
Your subscription includes a monthly AI usage budget measured in token costs. When your budget is exhausted, you will not be able to send messages until the next billing cycle or until you purchase a top-up. Budget resets occur at the start of each billing period.
4.3 Top-Ups
You may purchase additional usage budget ("top-ups") within your current billing period. Top-ups are non-refundable, apply only to the current billing period, and do not carry over.
4.4 Cancellation & Refunds
You may cancel your subscription at any time. Cancellation takes effect at the end of the current billing period — you will retain access until then. Refunds for partial billing periods are not provided except as required by applicable law.
5. Acceptable Use
You agree not to use the Service to:
- Violate any applicable laws or regulations
- Generate, distribute, or store content that is illegal, harmful, threatening, abusive, harassing, defamatory, or otherwise objectionable
- Attempt to bypass usage limits, rate limiting, or security measures
- Reverse-engineer, decompile, or disassemble the Service
- Use the Service to develop a competing product
- Share your account credentials with others or allow others to access your account
- Attempt to inject, modify, or manipulate system prompts or AI model selection
- Use automated systems (bots, scrapers) to access the Service
- Interfere with the operation of the Service or impose an unreasonable load on our infrastructure
We reserve the right to suspend or terminate accounts that violate these terms.
6. AI-Generated Content
6.1 No Guarantee of Accuracy
Responses generated by the Service are produced by third-party AI models and may be inaccurate, incomplete, or misleading. You should not rely on AI-generated responses for medical, legal, financial, or other professional advice. Always verify important information independently.
6.2 Content Ownership
You retain ownership of the content you submit (messages, screenshots). You grant us a limited license to process this content solely for the purpose of providing the Service. AI-generated responses are provided for your personal use.
6.3 No Storage
We do not permanently store your chat conversations or screenshots on our servers. Conversations are processed in real-time and not retained after delivery.
7. Third-Party Integrations
The Service may offer integrations with third-party services such as Notion. When you connect a third-party service, you authorize DeskMochi to interact with that service on your behalf. Your use of third-party services is governed by their respective terms and privacy policies. We are not responsible for the availability, accuracy, or practices of third-party services.
You may disconnect any third-party integration at any time through the DeskMochi settings.
8. Third-Party AI Providers
The Service relies on third-party AI providers to generate responses. Your messages are sent directly to these providers — no intermediary gateway is used. These providers may have their own terms of service and acceptable use policies. We are not responsible for the behavior, availability, or output of third-party AI models. If a selected provider is temporarily unavailable, the Service may automatically fall back to an alternative provider.
9. Intellectual Property
The Service, including the DeskMochi application, website, branding, character designs (Mochi, Mechy), and all related visual and code assets, are the intellectual property of WhySoNice LLC. You may not copy, modify, distribute, or create derivative works of any part of the Service without our written permission.
10. Disclaimer of Warranties
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WHYSONICE LLC AND DESKMOCHI SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE. OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
12. Termination
We may suspend or terminate your access to the Service at any time, with or without cause, with or without notice. Upon termination, your right to use the Service ceases immediately. Sections that by their nature should survive termination (including Disclaimer, Limitation of Liability, and Intellectual Property) will survive.
13. Updates & Modifications
The desktop application may automatically check for and download updates. We may modify, update, or discontinue features of the Service at any time. We will make reasonable efforts to notify you of significant changes.
14. Changes to These Terms
We may revise these Terms from time to time. We will notify you of material changes by updating the "Last updated" date on this page. Continued use of the Service after changes constitutes acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Service.
15. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Florida, United States, without regard to conflict of law principles.
16. Contact Us
If you have any questions about these Terms, please contact us at [email protected].