Terms of Use

These Terms of Use ("Terms") are a binding agreement between you and MogComp ("MogComp", "we", "us", "our") governing your access to and use of the MogComp website and service (the "Service"). By accessing or using the Service, you agree to be bound by these Terms and by our Privacy Policy, which is incorporated by reference. If you do not agree, do not use the Service.

1. Eligibility

You must be at least 18 years old to use the Service. By using the Service, you represent and warrant that you are 18 or older and legally capable of entering into this agreement. We may refuse or terminate service to anyone we reasonably believe is under 18.

2. The Service

MogComp lets you upload two photos and receive an automated, AI-generated attractiveness comparison, score, and report ("Results"). The Service is provided for entertainment and informational purposes only. We may modify, suspend, or discontinue any part of the Service, including specific AI providers or features, at any time without liability to you.

3. Accounts and Credits

You may use limited free credits without an account, tracked by an anonymous device identifier. Signing in with Google links a persistent account to your usage and may grant a bonus credit. You are responsible for maintaining the security of your Google account and for all activity that occurs under your account.

Additional credits may be purchased through Stripe. All credit purchases are final and non-refundable except where required by applicable law. Credits have no cash value, cannot be transferred, sold, or redeemed for cash, and may expire or be forfeited if your account is terminated for violating these Terms.

4. Your Content and License Grant

"User Content" means any photo or other material you upload to the Service. You retain all ownership rights in your User Content. By uploading User Content, you grant us a worldwide, non-exclusive, royalty-free license to host, store, process, and transmit it (including to the third-party AI sub-processors described in our Privacy Policy) solely to provide, maintain, and improve the Service to you. We do not use your photos for advertising, and we do not claim ownership of your photos.

4.1 Your representations about uploaded photos

By uploading a photo, you represent and warrant that:

• the photo depicts either (a) only yourself, or (b) another identifiable person for whom you have obtained that person's explicit, informed consent to upload their likeness and have it processed by the Service as described in our Privacy Policy;
• you will never upload a photo of anyone under 18, under any circumstance;
• you own the photo or otherwise have the legal right to upload and use it;
• the photo does not infringe any third party's intellectual property, publicity, or privacy rights; and
• the photo does not contain unlawful, obscene, abusive, harassing, or otherwise objectionable content.

You are solely responsible for the photos you upload and for obtaining any consent required from people depicted in them. We may remove any User Content and suspend or terminate your access at our discretion if we believe these representations have been violated.

5. Prohibited Uses

You agree not to:

• upload a photo of any person without that person's knowledge and consent, or use Results to harass, bully, shame, stalk, or embarrass anyone;
• upload any photo of a minor;
• use the Service to build, train, or supplement any facial-recognition, biometric-identification, or surveillance database or system;
• attempt to reverse engineer, scrape, or systematically extract data from the Service, or bypass usage/credit limits through automated means;
• interfere with or disrupt the Service's infrastructure or security; or
• use the Service in violation of any applicable law.

6. AI Results — No Warranty

Results are produced by automated third-party machine-learning models and are subjective, may be inaccurate, offensive, or biased, and do not reflect any professional, medical, psychological, or objective assessment of any person. You should not rely on Results for any consequential decision. THE SERVICE AND ALL RESULTS ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ACCURACY. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

7. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL MOGCOMP OR ITS OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, GOODWILL, OR EMOTIONAL DISTRESS, ARISING FROM OR RELATED TO YOUR USE OF THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL AGGREGATE LIABILITY FOR ANY CLAIM ARISING FROM THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM AROSE, OR (B) USD $50. SOME JURISDICTIONS DO NOT ALLOW THESE LIMITATIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

8. Indemnification

You agree to defend, indemnify, and hold harmless MogComp and its officers, employees, and agents from any claim, liability, damages, loss, and expense (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Service; (b) any photo you upload, including any claim brought by a person depicted in a photo you uploaded without their consent; (c) your violation of these Terms; or (d) your violation of any law or third-party right.

9. Termination

We may suspend or terminate your access to the Service at any time, with or without notice, for conduct we believe violates these Terms or is harmful to other users, us, or third parties. You may stop using the Service and delete your account at any time from your Profile page. Sections 4.1 and 6 through 13 survive termination.

10. Dispute Resolution — Binding Arbitration & Class Action Waiver

Please read this section carefully — it affects your legal rights. You and MogComp agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be resolved by final and binding individual arbitration, rather than in court, except that either party may bring an individual claim in small-claims court. The arbitration will be administered under the commercial arbitration rules of a recognized arbitration provider (e.g., AAA or JAMS) in Amsterdam, the Netherlands, or another mutually agreed venue, and governed by the Federal Arbitration Act.

You and MogComp each waive the right to a jury trial and to participate in a class action, collective action, or representative proceeding. All disputes must be brought in an individual capacity only. If this class-action waiver is found unenforceable as to a particular dispute, that dispute (and only that dispute) will proceed in court rather than arbitration; the remainder of this section remains in effect.

11. Governing Law

These Terms are governed by the laws of the Netherlands, without regard to conflict-of-law principles, except where mandatory consumer-protection law of your place of residence applies.

12. Changes to These Terms

We may update these Terms from time to time. Material changes will be reflected by updating the "Last updated" date above. Continued use of the Service after changes take effect constitutes acceptance of the updated Terms.

13. General

If any provision of these Terms is found unenforceable, the remaining provisions remain in full force. Our failure to enforce any right or provision is not a waiver of that right. These Terms, together with the Privacy Policy, are the entire agreement between you and us regarding the Service. Questions can be sent to support@mogcomp.com.