Terms of Service
Access to AI Solutions Builder implies acceptance of its applicable terms and conditions, as described below.
AI Solutions Builder Terms of Service - February 2026
By registering, accessing, and/or using AI Solutions Builder, the CLIENT agrees to the terms and conditions presented herein, which also apply to free or beta testing services. This document must therefore be read carefully before any interaction with AI Solutions Builder and revisited periodically.
Should the CLIENT disagree with any provision of these Terms of Service, it must not proceed with registration, as continuing will result in consent to the entire content of this document.
Any updates to these Terms of Service will be published on AI Solutions Builder. If the CLIENT does not agree with the changes, it shall have the right to terminate these Terms of Service without any charge, which will immediately cease its access to AI Solutions Builder.
DEFINITIONS
1. As used in these Terms of Service, the following capitalized terms have the meanings specified below, such meanings to be equally applicable to both the singular and plural forms:
AI Solutions Builder. An artificial intelligence platform developed by MOGNO for the automated creation, editing, and execution of software with the assistance of artificial intelligence, hosted in a secure environment.
Client. The legal entity or natural person that acquires the Services, identified in a commercial proposal or purchase order.
Confidential Information. All knowledge, documents, information or data, to which one of the Parties has had access as a result of these Terms of Service, including, but not limited to: customer/supplier lists or data; marketing or business planning; financial and organizational information; managerial and personnel management information; information on projects, drawings, models, products (whether developed, under development or for future development); applications; passwords; industrial property rights, including patents or utility models, patent or utility model applications, industrial designs, industrial design applications, trademarks, trademark registration applications; technical or business data or information; AI Solutions Builder and the Rights Related to AI Solutions Builder, except that the existence of these Terms of Service shall not be a Confidential Information. All Confidential Information shall constitute business secret for the purposes of Article 39 of the Trade-Related Aspects of Intellectual Property Rights by the World Trade Organization.
Notice. A message, communication or warning from one Party to the other as allowed or required by these Terms of Service.
Party or Parties. The CLIENT and MOGNO, when referred to jointly or individually, as the case may be.
Personal Data Protection Regulations. The laws concerning personal data protection applicable to each Party in their respective jurisdictions.
Related Persons. The persons related to each Party, such as its employees, agents, shareholders, business partners, clients, contractors, and subcontractors.
Rights Related to AI Solutions Builder. All such rights applicable to, related to, or derived from AI Solutions Builder, including but not limited to computer programs, firmware, algorithms, codes, source codes, processes, mobile apps, procedures, models, products, solutions, platforms, modules , monetization strategies, structural and organizational formulas, layout, usability, “look and feel”, structure and form of presentation of reports, documents, manuals and instructions for use or training, and any new versions, extensions, modifications or releases, related to or incorporated into AI Solutions Builder.
Sensitive Personal Data. All information relating to an identified or identifiable natural person that directly or indirectly reveals: a. racial or ethnic origin; b. religious, philosophical, or similar conviction or belief; c. political opinion; d. trade union membership or membership of a religious, philosophical, or political organization; e. data concerning health; f. data concerning sex life or sexual orientation; g. genetic data; h. biometric data, when used to uniquely identify a natural person. – thus, reflecting the concepts set forth in Personal Data Protection Regulations such as the EU Regulation 2016/679 (GDPR).
Services. Collectively, the non-exclusive right to use AI Solutions Builder and all other ancillary services described in these Terms of Service.
Mogno. The legal entity that holds all proprietary rights to AI Solutions Builder and is the sole provider of the Services.
Terms of Service. These AI Solutions Builder Terms of Service.
Terms of Use. The Terms of Use available on Mogno website and applicable to all AI Solutions Builder users, which the CLIENT acknowledges and accepts.
CONSTRUCTION
2. The following provisions set forth the general rules for the interpretation and application of these Terms of Service, intended to ensure clarity, consistency, and fairness in the understanding of the Parties’ rights and obligations.
Good faith, Autonomy of the Will, and Fairness. Both Parties acknowledge that these Terms of Service have been written based on the strictest principles of good faith, autonomy of will and fairness, with all clauses being fair and balanced and resulting from mutual consent, considering their reciprocal commercial interests.
Severability. If any part of these Terms of Service shall be deemed invalid, ineffective, non-existent, illegal or unenforceable, the remainder of the Terms of Service shall remain in full force and effect.
Entire Agreement. These Terms of Service replace any agreements or negotiations held between the Parties before the execution of this instrument and shall prevail over any other agreement entered into by the Parties with the same subject matter.
Independence of the Parties. These Terms of Service do not create a relationship of commercial representation, partnership, or joint venture between the Parties. In all matters relating to these Terms of Service the Parties shall be independent, each Party being entirely responsible for its acts and obligations. These Terms of Service do not authorize either Party to obligate or assume any obligation on behalf of the other Party.
Holidays and Time Zones. Holidays, business days, business and non-business hours referred to in these Terms of Service are those of the City of São Paulo, Brazil.
- is a company regularly incorporated and existing under the laws of its respective jurisdiction (not applicable if CLIENT is a natural person);
- carries out its activities legally;
- the signatories have legal capacity and/or have had corporate authorization to enter into these Terms of Service;
- is not at fault with any obligation, action, complaint, lawsuit or legal procedure that may have an adverse impact on these Terms of Service;
- is not in an economic or financial situation that could affect or prevent the fulfillment of its obligations under these Terms of Service;
- shall obtain and maintain in full force and effect all licenses, permits and authorizations that may be necessary and/or required by public authorities to fulfill its obligations;
- shall comply with all legal and regulatory requirements related to its business;
- shall not, under any circumstances, employ child or forced labor, nor shall it accept discriminatory, negative or limitative practices regarding sex, gender identity, origin, race, color, physical condition, religion, marital status, pregnancy status or any other such practices;
- shall prevent the practice of actions that may cause environmental degradation;
- shall act in a socially responsible manner and consider the audiences with which it interacts, doing its best to mitigate any negative impacts on the sustainability of its business and the planet.
SCOPE
4. MOGNO will provide the CLIENT with the Services related to the non-exclusive license for the use of AI Solutions Builder.
4.1. The CLIENT acknowledges and accepts that AI Solutions Builder is available in the condition it presently exists (“as is”) and agrees that MOGNO may carry out updates in the functionalities and features thereof.
5. The CLIENT hereby authorizes MOGNO to send e-mails, communications, messages, or alerts to the users of AI Solutions Builder in order to ensure better use of the functionalities thereof.
PRICE, PAYMENT AND TAXES
6. The amount(s) owed by the CLIENT to MOGNO for the Services, as well as the payment method, are specified in the commercial proposal or purchase order placed by the CLIENT through the means made available by MOGNO for this purpose. Regardless of the form, the commercial proposal or purchase order is an integral part of these Terms of Service for all legal purposes.
6.1. In the event the CLIENT has used an exclusively electronic channel to contract the Services, the Parties acknowledge that the respective purchase order constitutes a valid manifestation of will.
6.2. After 7 (seven) days of default, MOGNO reserves the right to suspend the Services until the overdue amounts are fully paid.
6.3. All payments to be made under these Terms of Service shall be made in cleared funds, without any deduction or set-off and free and clear of and without deduction for or on account of any taxes, levies, imports, duties, charges, fees and withholdings of any nature now or hereafter imposed by any governmental, fiscal or other authority. If the CLIENT is compelled to make any such deduction, it shall pay MOGNO such additional amounts as are necessary to ensure receipt of the full amount which MOGNO would have received but for the deduction.
6.4. The above provision shall remain applicable in case these Terms of Service are assigned to a company controlling or controlled by MOGNO to be incorporated in the United States of America.
- inform the CLIENT, at least 3 business days in advance, about scheduled shutdowns, technical adjustments, updating and/or maintenance of AI Solutions Builder, which, whenever possible, shall be carried out preferably during non-business hours (São Paulo time zone);
- review or correct, without any cost to the CLIENT, the flaws, deficiencies and imperfections detected in the rendering of the Services, as well as provide the CLIENT with all clarifications and information in connection therewith, unless such clarifications or information should constitute a Confidential Information of MOGNO’s or a third party.
CLIENT OBLIGATIONS
8. Without limitation to any other obligation under these Terms of Service, the CLIENT undertakes to:
- perform all payments set forth in these Terms of Service as they fall due;
- provide MOGNO with all data, documents and information necessary to the good performance of the Services;
- formally report any problem that occurs with AI Solutions Builder, providing all information and evidence related to the reported problem;
- take full responsibility for any legal or contractual breach committed by the CLIENT or its Related Persons who may use AI Solutions Builder;
- protect MOGNO copyrights in relation to AI Solutions Builder, which includes infringements provenly committed by its Related Persons;
- refrain from hiring, directly or indirectly, any MOGNO employee involved or previously involved in the Services covered by these Terms of Service, from the date hereof up to 2 years after its termination;
- refrain from sublicensing, reselling, distributing or making available to third parties, whether free of charge or against payment, the right to use AI Solutions Builder, except, however, the right to share information generated by AI Solutions Builder to controlled, controlling or affiliated companies and/or the companies for which the Services have been purchased;
- refrain from modifying, copying, adapting, improving, altering, correcting, translating, updating, developing new versions or creating any works derived from AI Solutions Builder or any of its parts and components;
- refrain from removing the copyright notices, or any other proprietary notices contained in AI Solutions Builder;
- refrain from disassembling, decompiling, doing reverse engineering of AI Solutions Builder, or in any other way using the data and technical information related to the software for purposes other than those provided for in these Terms of Service;
- refrain from conducting any kind of audits on MOGNO’s cloud environments without providing MOGNO with at least 5 (five) business days’ prior notice.
- keep its contact information (e.g., emails, addresses and phone numbers) up to date, otherwise all Notices and notifications sent to the emails and/or addresses informed in these Terms of Service shall be considered valid and binding;
- inform its personnel that (i) they should protect logins and passwords for accessing their AI Solutions Builder account, (ii) such login and passwords are for personal use only and should not be sent, informed or shared with third parties, and (iii) they should agree to and comply with the Terms of Use of AI Solutions Builder, keeping MOGNO harmless from any unauthorized access resulting from leaked login or passwords;
- follow the instructions provided by MOGNO in its institutional communications;
- designate an administrator user with authority to invite and manage the access permissions of the CLIENT’s users and teams, as well as any subsequent change of this administrator.
LIMITED SUPPORT
9. These Terms of Service do not include maintenance, technical support, or performance guarantees for the software created. MOGNO may optionally offer, for a fee, additional support services aimed at adjustments, code correction, and optimization, charged on an hourly or project basis. Support services do not cover messaging, external integrations, or data entered by the User.
- Use of Sensitive Personal Data: The insertion, upload, storage, transmission, or processing of Sensitive Personal Data on AI Solutions Builder; the development, training, or making available of applications, functionalities, or artificial intelligence models, through AI Solutions Builder, that require, request, process, treat, or in any way condition their operation upon the provision of Sensitive Personal Data by end-users or third parties; or any use of AI Solutions Builder that violates the legal restrictions applicable to the processing of Sensitive Personal Data set forth in the Personal Data Protection Regulations;
- Illicit or Illegal Practices: Financial fraud, money laundering, drug, arms, or human trafficking, terrorism, sexual exploitation, cybercrimes, environmental crimes, corruption, document forgery, and other conduct typified by law;
- Generation of Prohibited Content: Deepfakes, mass disinformation (including about medicine, health, and science), hate speech, defamatory, violent, discriminatory, pornographic, sexually explicit, or adult material, or material that is offensive to the dignity of any person or group;
- Spam and Abusive Contact: Sending unsolicited mass communications, spam, phishing, or other abusive contact practices;
- Violation of third party Rights: Intellectual property rights (copyrights, patents, trademarks, industrial designs, trade secrets), personality rights, privacy, secrecy, confidentiality, personal data protection, or any applicable rules regarding the protection of third-party information;
- Deceptive or Manipulative Activities: False identities, fictitious profiles, social media manipulation, fraudulent reviews, or testimonials;
- Use in Sensitive Sectors Without Prior Authorization: Medical, legal, financial, psychological, or decisional applications that affect fundamental rights, without MOGNO’s express homologation;
- Scraping and Data Mining: The use of unauthorized scraping, extraction, or data mining techniques to collect information, outputs, or metrics from AI Solutions Builder;
- Training of Competing Systems: Direct or indirect use of the outputs generated by AI Solutions Builder to train, develop, or improve competing systems, artificial intelligence models, or similar products that may compete with AI Solutions Builder or with other MOGNO services;
- Immediate suspension of the CLIENT’s access to AI Solutions Builder;
- Termination of these Terms of Service for just cause;
- Civil, administrative, and criminal liability, including the duty to indemnify MOGNO and/or injured third parties.
- Illegal, inappropriate, or improper use of AI Solutions Builder;
- Insertion, upload, transmission, sharing, or processing of prohibited personal data, including but not limited to sensitive data, data of minors, or any other data whose processing requires a specific legal basis not obtained by the CLIENT;
- Violation of third-party rights, including intellectual property rights, privacy, confidentiality, or any other rights protected by applicable law;
- Damages to third parties caused by the use, operation, or provision of software, code, or outputs generated by AI Solutions Builder.
SUSPENSION OF SERVICES
11. MOGNO may temporarily suspend the Services if the CLIENT breaches any provision set forth in these Terms of Service and/or in case of a deviation in purpose, risk or significant threat to the intellectual property rights, security or functionality of AI Solutions Builder is evidenced.
11.1. In case the enforcement of this clause is required, MOGNO shall provide the Notice of suspension three (3) business days prior to the suspension.
TERM AND TERMINATION
12. These Terms of Service shall remain in effect for an indefinite term and may be terminated by either Party at any time, without cause, and without any penalty, compensation, or reimbursement being payable by one Party to the other, upon thirty (30) days’ prior written notice.
13. Termination for insolvency, etc. These Terms of Service may be terminated by either Party, regardless of prior notice, in the event of a petition in bankruptcy or any other proceeding relating to insolvency, receivership, liquidation or assignment for the benefit of creditors.
14. Termination for breach of Terms of Service. In case either Party fails to comply, in whole or in part, with their obligations arising from these Terms of Service, and provided that the infraction is subject to rectification, the aggrieved Party may, through a Notice addressed to the defaulting Party, require the cessation and remediation of the breach within 15 (fifteen) days from receipt of such Notice.
14.1. The aggrieved Party may, after the aforementioned period has elapsed without the breach having been ceased and remedied, choose to immediately terminate these Terms of Service upon a Notice addressed to the defaulting Party.
SUBSCRIPTION CANCELLATION
15. Cancellation of AI SOLUTIONS BUILDER subscription by the CLIENT shall result solely in the cessation of future billing and temporary cancellation of access to the service upon the end of the then-current billing cycle.
15.1. In the event of cancellation, MOGNO reserves the right to retain the CLIENT’s personal data and profile in its database, in full, for a period of five (5) years from the date access is suspended.
15.2. The data retention referred to in this clause has the legitimate purpose of facilitating reactivation of the CLIENT’s account, allowing immediate restoration of the service and preservation of the CLIENT’s previous preferences, history and settings.
15.3. The CLIENT may reactivate their account at any time during the retention period by paying the subscription fee again, without the need to re-register or any loss of data.
PERMANENT ACCOUNT DELETION AND DATA EXCLUSION
16. The CLIENT has the right to request deletion of their account and associated personal data by submitting a termination request through MOGNO’s support channel.
16.1. All licenses and rights granted herein shall immediately expire, and any and all use of AI SOLUTIONS BUILDER by the CLIENT or by its Users must cease immediately, it being understood that the CLIENT remains obliged to pay any amounts that may be due.
16.2. Within thirty (30) days after the account deletion request, MOGNO shall irreversibly delete all of the CLIENT’s software applications, drafts, databases, personal data, profiles, histories, settings and preferences stored in AI SOLUTIONS BUILDER, except as required by law.
16.3. MOGNO may retain copies of the CLIENT’s data, input and output data generated (including any content, code, text, image or other material created, stored, displayed or exported in the application) that are automatically created for backup purposes, as well as any other CLIENT data that must be retained in accordance with applicable law and MOGNO’s data retention policies, provided that the provisions of the section entitled “Confidentiality” shall apply.
16.4. The CLIENT acknowledges that permanent deletion is irreversible, and that, if they wish to use MOGNO’s services again, they will need to complete a new full registration.
GENERAL PROVISIONS ON TERMINATION AND EXPIRATION
17. MOGNO may, whenever required by law or by an authority, keep a copy of such materials, information and/or documents, during the required period and only for the purposes provided for in the applicable legislation/decision.
18. Survival of Provisions. All provisions in these Terms of Service regarding confidentiality, intellectual property rights, limitation of liability and related provisions shall remain in effect for a period of 5 years after the expiration or termination hereof.
LIMITATION OF LIABILITY
19. Each Party’s liability to the other for any event related to or arising from these Terms of Service shall be limited to the direct damages actually suffered by the aggrieved Party, excluding any loss of profits, revenues, goodwill, or indirect, special, incidental, consequential, cover, business interruption or punitive damages, as well as for penalties of any nature imposed by the any governmental body or authority or by a third party, such liability shall be limited to the total amount effectively paid by the CLIENT to MOGNO under these Terms of Service.
20. The CLIENT acknowledges that MOGNO is not, and does not purport to be, a financial, tax or accounting advisor or consultant; therefore, the CLIENT holds MOGNO harmless of the CLIENT’s decisions in connection with, and treatment of, its own financial, tax and accounting information and policies.
21. MOGNO DOES NOT PROVIDE ANY OTHER WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, PROVIDED BY LAW OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, ACHIEVEMENT OF EXPECTED RESULTS, FITNESS FOR A PREDETERMINED USE, AND OPERATION WITH ANY OPERATING SYSTEM. MOGNO DOES NOT WARRANT THAT THE OPERATION OF THE AI SOLUTIONS BUILDER OR THE SERVICES SHALL BE FREE OF ERRORS OR SHALL BE UNINTERRUPTED.
21.1. None of the Parties shall be responsible for breaches or leak of data and information resulting from criminal or irregular action by third parties (“hackers”) that are out of the limits of technical predictability at the moment they occur.
CONFIDENTIALITY
22. The Parties expressly agree to keep confidential and not disclose or make available to any third parties any Confidential Information to which any of the Parties shall have access under these Terms of Service.
22.1. The confidentiality required by this provision does not include the Confidential Information of which disclosure is expressly authorized in writing in advance by the Party from which that information derives.
22.2. In case one of the Parties (the “Receiving Party”) is required by law or court order to disclose any Confidential Information, such Party shall immediately notify this requirement to the other Party (the “Disclosing Party”) so that the Disclosing Party can take reasonable measures to protect or prevent such mandatory disclosure, provided that none of the above should cause any loss, damage or penalty to the Receiving Party. The Receiving Party shall provide only the Confidential Information essentially required of it.
- fully respect and comply with the provisions of the Personal Data Protection Regulations in force in their respective jurisdictions and comply with all laws, rules and regulations that may be issued or enforced by the competent authorities;
- take full responsibility for the correct and due processing of personal data in a confidential manner, including the collection, use, treatment and storage of said information; for clarity sake, MOGNO does not collect nor processes sensible data for the purposes of the LGDP and/or any other applicable data protection act; and
- treat all information and data to which it may have access under the Terms of Service as strictly confidential and restricted, undertaking not to disclose it, in whole or in part, to any third parties. The use, exploitation or disclosure of such information to third parties is strictly forbidden, except the disclosure to the Party’s personnel and only to the extent necessary for the execution of the Services.
ANTICORRUPTION
25. The Parties represent and warrant, for themselves and on behalf of their shareholders, officers, directors, employees, and contractors, that they have not engaged, and will not engage during the term of these Terms of Service, in any act or omission that would constitute a violation of any applicable anti-corruption or anti-bribery laws and regulations in their respective jurisdictions, including, without limitation, any act detrimental to national or foreign public administration or contrary to international anti-corruption commitments undertaken by their respective countries.
INTELLECTUAL PROPERTY
26. The CLIENT acknowledges that MOGNO is the sole holder of all Rights Related to AI Solutions Builder.
26.1. The CLIENT represents and warrants that it shall not develop or assist in the development of any works deriving in whole or in part from AI Solutions Builder or the Rights Related to AI Solutions Builder, and undertakes (i) not to allow any third parties not related to the CLIENT to access or view AI Solutions Builder or the Rights Related to AI Solutions Builder and (ii) not reproduce or copy any part or content of the system, as well as do not do reverse engineering of said software.
26.2. Nothing in these Terms of Service is intended to grant any right or title to the other Party on any patent, copyright, trade secret or other intellectual property right, nor do these Terms of Service grant any Party any right, title or license to the other’s Confidential Information. These Terms of Service do not characterize any assignment of rights other than the temporary non-exclusive use right license to the CLIENT.
26.3. Each Party acknowledges and agrees that a breach or potential breach of the other Party’s intellectual property rights may cause irreparable harm for which monetary damages shall not be an appropriate compensation, and agrees that, in the event of such breach or potential breach, the infringing Party shall be subject to precautionary, injunction and/or any other measures that may be made available in any court, without any requirement or obligation by the affected Party to provide security or other guarantee. Such remedies are not exclusive, and do not exclude possible compensation for losses and damages, including attorney’s fees.
26.4. No application for registration of intellectual property rights of any kind may be filed in the name of either Party, albeit after the expiration, early termination, or rescission of these Terms of Service, if it arises from (i) Confidential Information or the intellectual property rights of the other Party known, disclosed, or received as a result of these Terms of Service, or the use of the other Party’s resources, means, materials, working hours, premises and equipment.
27. Should one Party (the “Involved Party”) become involved in any claim brought by a third party (the Claiming Party”) regarding the breach of the other Party’s copyright (the “Copyright Owner Party”), the Involved Party undertakes to notify the Copyright Owner Party, in writing, within no later than 5 (five) business days after it became aware of the claim. In case the Claiming Party assigns the Involved Party a shorter notice, the Copyright Owner Party should be notified within such shorter notice.
28. MOGNO shall retain all rights, title and interest in and to AI Solutions Builder, including, without limitation, its software, source code, models, algorithms, databases, documentation, interfaces, APIs, designs, trademarks and any related technology, as well as any updates, improvements or derivatives thereof. Nothing in this Agreement shall be construed as granting the CLIENT any ownership rights over AI Solutions Builder or its underlying technology.
28.1. Subject to MOGNO’s ownership as set forth above, and to the extent permitted by applicable law, the CLIENT shall own all rights, title and interest in and to the content, data, reports, software, text, images, or any other output generated through AI Solutions Builder from the CLIENT’s prompts, data or instructions, as well as any code or material directly created, inserted, or edited by the CLIENT within AI Solutions Builder.
28.2. Notwithstanding the CLIENT’s ownership pursuant to paragraph 28.1, the CLIENT hereby undertakes to use the software, code, or materials developed on AI Solutions Builder solely for its internal purposes or as part of the services provided to its own clients, provided that such software functions merely as a supporting tool and not as the primary deliverable or object of commercial charge. The CLIENT shall not, under any circumstances, derive direct economic benefits from the commercialization, licensing, sublicensing, or distribution of the developed software, code, or materials, including, without limitation, by charging access fees, usage fees, per-user fees, or any other consideration from third parties specifically for the use of such software.
28.3. MOGNO disclaims any ownership rights over the generated output and makes no representation or warranty regarding the existence, scope or enforceability of any intellectual property rights in such output.
28.4. The CLIENT acknowledges that, due to the nature of artificial intelligence and machine learning, similar or identical outputs may be generated for other users. Accordingly, any rights assigned to the CLIENT shall not extend to outputs generated for other customers or their users.
INFORMATION SECURITY
29. As a premise for the execution of the Services, the provision and transfer of Confidential Information between the Parties through any means, electronic or otherwise, MOGNO undertakes to use protection programs and/or resources that seek to prevent unauthorized access to CLIENT’s data under MOGNO’s responsibility.
29.1. MOGNO undertakes to adopt secure encryption practices for protection against common security vulnerabilities and attacks.
29.2. The CLIENT shall instruct its personnel and AI Solutions Builder users to exclusively use the functionality designated by MOGNO as the secure tool for the transmission and sharing of confidential, restricted, or sensible information and documents of the CLIENT, its business associates, clients, providers, shareholders, etc. Such information and documents should not be transmitted or shared by any other means, such as drives, removable media, WhatsApp, e-mails, etc. MOGNO shall not be deemed responsible for the leak of information transmitted or shared in disagreement with this clause.
COMPLIANCE CHANNEL
30. In partnership with Speakeasy, an independent and impartial company, MOGNO provides a secure and confidential Compliance Channel. This channel is available to all suppliers, customers, and their employees as the designated platform for reporting any conduct or situation that may be inconsistent with MOGNO’s values or the laws and regulations applicable to its activities. Reports may be submitted anonymously, and a protocol number will be issued to allow the reporter to follow up on the case. To file a report, please access speaksafely.com/company/accountfy.
NOTICES
31. If to MOGNO, the Notices referred to in these Terms of Service must be sent to the following email addresses:
Financial matters: invoicing@mogno.ai
Legal or compliance matters, and/or conflicts of interest: compliance@mogno.ai
Other matters: cs@mogno.ai
MISCELLANEOUS
32. In any way and under any circumstances, the Parties may not assign the rights arising from or in connection with these Terms of Service to any third party without the prior and express consent of the other Party, apart from instances in which implementation is executed by a contractor hired by MOGNO, who shall be liable before the CLIENT for services provided by said contractor.
32.1. The CLIENT accepts and agrees that MOGNO may assign and transfer in whole or in part these Terms of Service to a company controlling, or controlled by, MOGNO to be incorporated in the United States of America.
33. Image Rights. The CLIENT hereby authorizes MOGNO to associate and disclose its name/logo in campaigns, media, website, social networks, videos, and/or advertising materials exclusively for the promotion and marketing of MOGNO’s products and services to third parties. MOGNO may not use, dispose of, disclose, or convey the CLIENT’s name/logo for any purpose other than those referred to herein. MOGNO shall take all necessary diligence and caution so as to use the CLIENT’s name/logo in conformity with the CLIENT’s trademark policies and instructions.
34. No failure by any Party to insist upon the strict performance of any covenant, duty, agreement or condition of these Terms of Service or to exercise any right or remedy consequent upon a breach thereof shall constitute waiver of any such breach of any other covenant, duty, agreement or condition.
35. Electronic signature. The Parties hereby agree that these Terms of Service and any other documents related thereto shall be electronically signed.
36. Jurisdiction. The Parties hereby elect the Court of Miami-Dade County, Florida, USA as the court with jurisdiction to settle any litigation or disputes arising from these Terms of Service, and waive any other court, however privileged they might be.