Terms

M90 CORPORATION
TERMS OF SERVICE AGREEMENT
Effective Date: March 17, 2026  |  Version 1.0

PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE ACCESSING OR USING ANY M90 CORPORATION SERVICES. BY ACCESSING OR USING OUR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE LEGALLY BOUND BY THESE TERMS. IF YOU DO NOT AGREE, YOU MUST IMMEDIATELY CEASE ALL USE OF OUR SERVICES.

INTRODUCTION
These Terms of Service ("Agreement" or "Terms") constitute a legally binding contract between M90 Corporation, a corporation ("M90," "Company," "We," "Us," or "Our") with its principal place of business and reachable at chat@m90.ai, and you, the individual or entity accessing or using our Services ("User," "You," or "Your").
M90 operates a proprietary content intelligence and viral analytics platform (accessible at https://m90.ai/ and associated domains) that provides Users with data collection, analysis, and content performance insights derived from publicly available sources on third-party platforms (the "Services").
This Agreement governs Your access to and use of all M90 products, software, applications, APIs, websites, data outputs, analytics tools, dashboards, and any related services, features, or content provided by M90, whether free or paid.

TABLE OF CONTENTS
	•	Definitions
	•	Your M90 Account
	•	Description of Services
	•	Subscriptions and Payments
	•	User Obligations and Acceptable Use
	•	Prohibition on Scraping, Unauthorized Data Collection, and Automated Access
	•	Content Ownership, Licenses, and Intellectual Property Rights
	•	Private Use Restriction — Content Displayed Through the Services
	•	User Responsibility for Third-Party Content and Platform Compliance
	•	DMCA and Copyright Infringement — Takedown Procedures
	•	Confidentiality
	•	Personal Data and Privacy
	•	Indemnification
	•	Disclaimer of Warranties
	•	Limitation of Liability
	•	Termination
	•	Force Majeure
	•	Governing Law and Jurisdiction
	•	Modifications to This Agreement
	•	Assignment
	•	Notices
	•	Independent Parties
	•	Severability
	•	Waiver
	•	Entire Agreement
	•	Survival of Provisions

1. DEFINITIONS
The following defined terms apply throughout this Agreement:
	•	"Collected Content" means any data, media, text, images, video, audio, metadata, analytics, performance metrics, or other information obtained, retrieved, or aggregated from Third-Party Platforms through use of the Services.
	•	"Company IP" means all software, algorithms, models, interfaces, APIs, documentation, trademarks, trade secrets, databases, processes, methodologies, and other intellectual property owned by or licensed to M90.
	•	"DMCA Agent" means M90 Corporation's designated Copyright Agent for receipt of infringement notices, reachable at chat@m90.ai.
	•	"Personal Data" means any information that identifies or could identify a natural person, as defined under applicable privacy laws including the California Consumer Privacy Act (CCPA), the General Data Protection Regulation (EU) 2016/679 (GDPR), and equivalent legislation.
	•	"Private Dashboard" means the User-facing display interface within the Services through which Collected Content is rendered solely for that User's private, personal viewing.
	•	"Services" means M90's content intelligence platform, analytics tools, viral content research software, dashboards, APIs, data pipelines, and all associated features, whether accessed via web browser, API, or any other method.
	•	"Subscription" means a paid or trial access plan that grants the User the right to use the Services subject to this Agreement.
	•	"Third-Party Platforms" means social media networks, video hosting sites, content distribution networks, and other external platforms whose publicly accessible content the Services may analyze, including but not limited to TikTok, Instagram, YouTube, Facebook, and Twitter/X.
	•	"User Content" means any data, materials, or information that You submit, upload, or provide to M90 in connection with the Services.
	•	"User" means the individual or entity accessing the Services, including any agents, employees, contractors, or representatives authorized by the User.

2. YOUR M90 ACCOUNT
2.1 Account Registration
To access the Services, You must create an account with complete, accurate, and current information. You represent and warrant that all registration information is truthful and that You will maintain its accuracy throughout the term of this Agreement. Submission of false or misleading information constitutes a material breach of this Agreement and may result in immediate termination of Your account without notice or refund.
2.2 Account Security and Credentials
You are solely responsible for maintaining the confidentiality of Your login credentials, including Your password, API keys, and any authentication tokens. You must not share Your account credentials with any third party. All actions taken under Your account credentials are deemed to be taken by You and You shall be fully liable for all such actions.
You must immediately notify M90 at chat@m90.ai upon discovery of any unauthorized access to or use of Your account. M90 shall not be liable for any loss, damage, or liability arising from Your failure to maintain account security.
2.3 One Account Per User
Each User is permitted to maintain one active account unless M90 expressly authorizes otherwise in writing. Creating multiple accounts to circumvent limitations, access denied features, or avoid suspension is strictly prohibited and constitutes grounds for immediate termination of all associated accounts.
2.4 Age Requirement
You must be at least 18 years of age to use the Services. By creating an account, You represent and warrant that You meet this age requirement. Use of the Services by persons under 18 is strictly prohibited.
2.5 Professional and Business Use
The Services are designed exclusively for professional, business, and commercial purposes. By using the Services, You represent and warrant that You are acting in a professional or business capacity and that You are not a "consumer" as defined under any applicable consumer protection legislation.

3. DESCRIPTION OF SERVICES
3.1 Platform Overview
M90 provides a content intelligence and viral analytics platform that enables Users to research, analyze, and understand content performance trends across Third-Party Platforms. The Services are designed to assist Users in developing data-driven content strategies for professional purposes.
3.2 Data Collection and Display
The Services may retrieve, process, and display publicly available information from Third-Party Platforms. ALL Collected Content displayed through the Services is made available SOLELY for the private, personal viewing and research use of the authenticated User who requested it. M90 does not publicly host, broadcast, distribute, or republish Collected Content.
3.3 Availability and Modifications
M90 will use commercially reasonable efforts to maintain Service availability. However, M90 makes no guarantee of uninterrupted, error-free access. M90 reserves the right to modify, update, suspend, or discontinue any aspect of the Services at any time, with or without notice, for maintenance, security, legal, or operational reasons.
3.4 Third-Party Platform Dependencies
The Services interoperate with Third-Party Platforms that are outside M90's control. M90 does not warrant that the Services will be compatible with any particular Third-Party Platform at any given time. Changes to Third-Party Platform policies, APIs, or technical infrastructure may affect Service functionality, and M90 shall bear no liability for any resulting Service degradation.
3.5 No Affiliation with Third-Party Platforms
M90 IS NOT AFFILIATED WITH, ENDORSED BY, OR IN PARTNERSHIP WITH ANY THIRD-PARTY PLATFORM. References to Third-Party Platforms in the Services are for informational purposes only. YOU ARE SOLELY RESPONSIBLE FOR COMPLYING WITH THE TERMS OF SERVICE, POLICIES, AND LEGAL REQUIREMENTS OF ALL THIRD-PARTY PLATFORMS WHOSE CONTENT YOU ACCESS THROUGH THE SERVICES.

4. SUBSCRIPTIONS AND PAYMENTS
4.1 Subscription Plans
M90 offers various Subscription plans as described on our platform. Access to specific features may be limited depending on Your Subscription tier. M90 reserves the right to modify Subscription offerings, pricing, and features at any time.
4.2 Trial Access
M90 may offer trial access to the Services subject to limitations determined at M90's sole discretion. M90 reserves the right to modify or terminate any trial offer at any time without notice. Trial access does not create any entitlement to continued access upon trial expiration.
4.3 Payment Obligations
All fees are due in advance in accordance with Your selected billing cycle. By providing payment information, You authorize M90 to charge the applicable fees. All fees are non-refundable except as expressly stated in M90's refund policy or as required by applicable law.
4.4 Taxes
You are solely responsible for all taxes, duties, levies, and assessments imposed by any governmental authority in connection with Your use of the Services. M90 may collect and remit applicable taxes where required by law.
4.5 Subscription Modifications by M90
M90 reserves the right to modify Subscription pricing and terms upon reasonable prior notice. Your continued use of the Services following the effective date of any price change constitutes Your acceptance of the new pricing.
4.6 Suspension for Non-Payment
In the event of payment failure, M90 may suspend Your access to the Services without liability until all outstanding amounts are paid in full.

5. USER OBLIGATIONS AND ACCEPTABLE USE
5.1 General Compliance
You shall use the Services solely in accordance with this Agreement and all applicable local, state, national, and international laws and regulations, including without limitation:
	•	The Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512 et seq.
	•	The Computer Fraud and Abuse Act (CFAA), 18 U.S.C. § 1030
	•	The California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA)
	•	The General Data Protection Regulation (EU) 2016/679 (GDPR) where applicable
	•	The CAN-SPAM Act and equivalent anti-spam legislation
	•	All applicable data protection, privacy, and consumer protection laws
	•	All terms of service and policies of any Third-Party Platform whose content You access
5.2 Prohibited Conduct
You shall NOT, directly or indirectly:
	•	Use the Services for any illegal, harmful, fraudulent, infringing, defamatory, harassing, threatening, obscene, or otherwise objectionable purpose
	•	Collect, scrape, crawl, index, mirror, harvest, or otherwise systematically access, extract, or aggregate data from M90's platform, databases, APIs, or any component of the Services using automated means not expressly authorized by M90
	•	Circumvent, disable, bypass, or otherwise interfere with any technical protection measures, authentication systems, access controls, rate limiting, IP blocking, CAPTCHA systems, or other security features of the Services
	•	Reverse engineer, decompile, disassemble, or attempt to derive the source code, algorithms, data structures, or underlying models of the Services
	•	Share, redistribute, sublicense, sell, resell, publicly display, publicly perform, broadcast, or otherwise make available to any third party any Collected Content or output from the Services
	•	Use the Services or any Collected Content to build, train, fine-tune, or improve any artificial intelligence model, machine learning system, or competing data product or service
	•	Use the Services to compete with M90 or to develop a substantially similar or competing platform, product, or service
	•	Access or attempt to access any account, system, database, or data that You are not authorized to access
	•	Submit, upload, or introduce any virus, malware, worm, trojan horse, ransomware, spyware, or other malicious code into the Services
	•	Engage in any activity that disrupts, damages, overburdens, impairs, or interferes with the Services or any infrastructure supporting the Services
	•	Impersonate any person or entity or misrepresent Your affiliation with any person or entity
	•	Collect, process, or transmit sensitive personal data as defined by applicable data protection laws through or in connection with the Services without obtaining all legally required consents
	•	Use the Services in any jurisdiction where such use is prohibited by applicable law

6. PROHIBITION ON SCRAPING, UNAUTHORIZED DATA COLLECTION, AND AUTOMATED ACCESS

THIS SECTION IS OF PARAMOUNT IMPORTANCE. M90 CORPORATION EXPRESSLY PROHIBITS ALL UNAUTHORIZED SCRAPING, CRAWLING, HARVESTING, OR AUTOMATED COLLECTION OF DATA FROM THE M90 PLATFORM AND SERVICES. VIOLATIONS WILL BE PURSUED TO THE FULLEST EXTENT OF THE LAW.

6.1 Anti-Scraping Policy
You are strictly and expressly prohibited from scraping, crawling, spidering, indexing, mirroring, harvesting, or using any automated tool, bot, script, software, or process to access, copy, extract, reproduce, monitor, or compile any data, content, information, or materials from M90's platform, Services, databases, APIs, or any component thereof without M90's express prior written authorization.
This prohibition applies to:
	•	Scraping or automated collection of M90's platform interface, dashboards, analytics, data outputs, or any user-facing content
	•	Automated querying of M90's APIs beyond what is expressly permitted under a separate written API agreement
	•	Any tool, browser extension, proxy, or third-party service that intercepts, copies, or replicates M90's data outputs
	•	Systematic downloading, caching, or aggregation of content from the Services in a manner that exceeds normal individual human use
	•	Use of data mining, web scraping libraries, or any similar data extraction technologies against M90's systems
6.2 M90's Own Data Collection Tools
The Services may provide functionality that assists Users in collecting publicly available data from Third-Party Platforms ("Data Collection Features"). Your use of any such Data Collection Features is governed by Sections 8 and 9 of this Agreement. M90's authorization for You to use Data Collection Features does not authorize You to scrape M90 itself.
6.3 Technical Protection Measures
M90 employs and reserves the right to employ technical protection measures including but not limited to rate limiting, IP blocking, bot detection systems, CAPTCHA, behavioral analysis, and other access controls to detect and prevent unauthorized access. Any attempt to circumvent, bypass, reverse engineer, or disable these measures constitutes a violation of this Agreement and may constitute a violation of the CFAA, the DMCA (17 U.S.C. § 1201), and other applicable law.
6.4 Consequences of Violation
Violation of this Section shall entitle M90, in its sole discretion and without prejudice to any other rights or remedies:
	•	To immediately terminate Your access to the Services without notice or refund
	•	To seek injunctive relief and/or specific performance in any court of competent jurisdiction without the requirement of posting bond
	•	To pursue all available legal remedies, including claims for actual damages, statutory damages, and attorneys' fees
	•	To report violations to law enforcement authorities
	•	To pursue civil and criminal remedies to the fullest extent permitted by law
You acknowledge and agree that any unauthorized scraping of M90's platform would cause M90 irreparable harm for which monetary damages alone would be an inadequate remedy, and therefore M90 shall be entitled to equitable relief without the necessity of proving actual damages or posting a bond.
6.5 Authorized Integrations
M90 may, from time to time, make APIs or integration capabilities available to authorized partners or enterprise users under separate written agreements. Any such authorization will be expressly set forth in a separate written instrument signed by an authorized representative of M90. Absent such express written authorization, no implied license to access M90 systems programmatically shall arise.

7. CONTENT OWNERSHIP, LICENSES, AND INTELLECTUAL PROPERTY RIGHTS
7.1 M90 Proprietary Rights
The Services and all Company IP — including without limitation all software, algorithms, data models, interfaces, visual design, source code, databases, methodologies, trade secrets, documentation, trademarks, service marks, and any modifications or derivative works thereof — are and shall remain the exclusive property of M90 Corporation. All rights not expressly granted to You in this Agreement are reserved by M90.
Nothing in this Agreement shall be construed to transfer, assign, or convey to You any title, ownership, or intellectual property rights in or to the Services or any Company IP.
7.2 License to Use the Services
Subject to Your compliance with this Agreement and Your maintenance of an active Subscription, M90 grants You a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services solely for Your own internal, private, business research purposes as expressly authorized under this Agreement.
This license expressly excludes and does not permit:
	•	Any public display, public performance, or distribution of Collected Content
	•	Sharing Collected Content with any third party, whether for compensation or free of charge
	•	Using Collected Content to develop competing products or services
	•	Reproducing, republishing, or redistributing any portion of the Services
	•	Removing, altering, or obscuring any copyright, trademark, or proprietary notices
7.3 User Content License
By submitting any User Content to M90, You grant M90 a non-exclusive, worldwide, royalty-free, sublicensable, perpetual license to use, host, store, reproduce, process, and display such User Content solely as necessary to provide, maintain, and improve the Services. You retain all ownership rights in Your User Content.
7.4 Feedback and Suggestions
Any suggestions, feedback, ideas, improvements, or other submissions You provide to M90 regarding the Services ("Feedback") shall be deemed non-confidential and M90 shall have the unrestricted right to use, implement, and exploit such Feedback in any manner, without attribution, compensation, or restriction. You hereby assign to M90 all right, title, and interest in any Feedback You provide.
7.5 Third-Party Content
M90 does not claim ownership over content originating from Third-Party Platforms. All such content remains the property of its respective creators, owners, or licensors. M90's display of Collected Content is solely a technical function of the Services provided to You for Your private research use, and does not constitute M90's endorsement, curation, or ownership of such content.

8. PRIVATE USE RESTRICTION — CONTENT DISPLAYED THROUGH THE SERVICES

ALL CONTENT COLLECTED, RETRIEVED, OR DISPLAYED THROUGH THE M90 SERVICES IS STRICTLY FOR THE PRIVATE, PERSONAL USE OF THE AUTHENTICATED USER WHO REQUESTED IT. ANY PUBLIC SHARING, REDISTRIBUTION, OR THIRD-PARTY DISCLOSURE OF COLLECTED CONTENT IS STRICTLY PROHIBITED AND CONSTITUTES A MATERIAL BREACH OF THIS AGREEMENT.

8.1 Private Display Only
The Services are designed and authorized solely to display Collected Content in Your Private Dashboard for Your own private research, analysis, and personal viewing. The display of Collected Content through the Services is NOT a public display within the meaning of 17 U.S.C. § 101 or equivalent provisions of applicable copyright law. M90's Services function as a private research tool, not a public content repository or broadcast service.
8.2 Prohibition on Public Sharing
You are expressly prohibited from:
	•	Publicly displaying, performing, broadcasting, or streaming any Collected Content
	•	Sharing, distributing, transmitting, posting, uploading, or forwarding any Collected Content to any third party, whether online or offline, whether for commercial purposes or free of charge
	•	Embedding, linking, or otherwise making Collected Content accessible to any person other than Yourself
	•	Republishing, re-hosting, re-uploading, or mirroring any Collected Content on any website, platform, application, or service
	•	Using Collected Content in any manner that makes it accessible to individuals beyond the authenticated User
8.3 Personal Research Use
Your authorized use of Collected Content is limited to:
	•	Private viewing and analysis in Your Personal Dashboard
	•	Internal business research and strategy development for Your own professional purposes
	•	Creating internal reports or analyses based on Your observations and findings derived from Collected Content — provided that any such reports do not reproduce substantial portions of the Collected Content itself
8.4 No Circumvention
You shall not take any action designed to circumvent, bypass, or work around the private-use limitations set forth in this Section, including by exporting, screenshotting, recording, or otherwise capturing Collected Content in a manner designed to distribute it to third parties.
8.5 User's Sole Responsibility
You acknowledge and agree that You are solely responsible for Your use of Collected Content and for ensuring that Your use complies with all applicable laws and the terms of any Third-Party Platform from which such content originates. M90 disclaims all liability for any use of Collected Content that exceeds the private use limitation described in this Section.

9. USER RESPONSIBILITY FOR THIRD-PARTY CONTENT AND PLATFORM COMPLIANCE
9.1 User's Sole Responsibility
YOU ARE SOLELY AND EXCLUSIVELY RESPONSIBLE FOR ENSURING THAT YOUR USE OF THE SERVICES COMPLIES WITH THE TERMS OF SERVICE, COMMUNITY GUIDELINES, PRIVACY POLICIES, AND ALL OTHER APPLICABLE REQUIREMENTS OF ANY THIRD-PARTY PLATFORM WHOSE CONTENT YOU ACCESS, COLLECT, OR ANALYZE THROUGH THE SERVICES.
9.2 Permission and Consent Requirements
Before collecting, analyzing, or using any content through the Services, You must independently verify and ensure that:
	•	You have all necessary rights, permissions, licenses, and authorizations to access and use such content
	•	Where required by applicable law or the Third-Party Platform's terms, You have obtained explicit consent from the individuals whose content or Personal Data You are collecting
	•	Your collection and use of such content does not infringe any copyright, trademark, privacy right, right of publicity, or other proprietary or personal right of any third party
	•	Your collection and use complies with all applicable data protection laws, including the GDPR, CCPA, and equivalent legislation
	•	You are not circumventing any technical protection measures, login walls, paywalls, or access controls of the Third-Party Platform
9.3 Public Data Only
The Services are designed to operate exclusively with publicly accessible data — that is, data that is accessible without authentication, login credentials, or any circumvention of access controls on Third-Party Platforms. YOU ARE STRICTLY PROHIBITED FROM USING THE SERVICES TO ACCESS, COLLECT, OR PROCESS ANY DATA THAT IS NOT PUBLICLY ACCESSIBLE WITHOUT AUTHENTICATION, OR THAT IS PROTECTED BY ANY ACCESS CONTROL MECHANISM.
9.4 No Circumvention of Third-Party Controls
You shall not use the Services to circumvent, bypass, disable, or otherwise interfere with any technical protection measure, access control, login requirement, CAPTCHA, rate limit, robots.txt exclusion, or any other mechanism employed by a Third-Party Platform to control or restrict access to its data.
9.5 Indemnification for Third-Party Claims
You expressly agree to indemnify, defend, and hold harmless M90 and its affiliates, officers, directors, employees, agents, licensors, and service providers from and against any claim, demand, suit, proceeding, liability, loss, damage, cost, or expense (including reasonable attorneys' fees) arising out of or relating to Your violation of any Third-Party Platform's terms of service, Your collection or use of content from Third-Party Platforms, or any claim by a Third-Party Platform arising from Your use of the Services.
9.6 Compliance with Data Protection Laws
To the extent Your use of the Services involves the collection, processing, or analysis of Personal Data, You acknowledge that You are solely responsible for such processing as an independent data controller. You represent and warrant that You have identified and comply with all applicable legal bases for such processing, including obtaining any required consents, and that You will fulfill all obligations imposed upon You by applicable data protection laws including without limitation providing required privacy notices to data subjects.

10. DMCA AND COPYRIGHT INFRINGEMENT — TAKEDOWN PROCEDURES
10.1 M90's DMCA Compliance Policy
M90 respects intellectual property rights and complies with the Digital Millennium Copyright Act, 17 U.S.C. § 512 ("DMCA"). M90 will respond to legitimate notices of alleged copyright infringement and will take appropriate action, including removing or disabling access to infringing material and, in appropriate circumstances, terminating the accounts of repeat infringers.
10.2 DMCA Designated Agent
M90 Corporation has designated the following Copyright Agent to receive notifications of claimed infringement:

DMCA Agent / Contact
M90 Corporation — Copyright Agent
Email
chat@m90.ai
Subject Line
DMCA Takedown Notice — M90

10.3 Requirements for a Valid DMCA Takedown Notice
To file a valid DMCA takedown notice, the complaining party must provide the following information in writing to M90's DMCA Agent:
	•	A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
	•	Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
	•	Identification of the material that is claimed to be infringing or to be the subject of infringing activity, and information reasonably sufficient to permit M90 to locate the material;
	•	Information reasonably sufficient to permit M90 to contact the complaining party, such as a postal address, telephone number, and, if available, an email address;
	•	A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
	•	A statement that the information in the notification is accurate, and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Failure to include all required information may render a DMCA notice defective and without legal effect. M90 reserves the right to request additional information to verify the validity of any notice.
10.4 Counter-Notification
If You believe that content removed or disabled pursuant to a DMCA notice was removed or disabled by mistake or misidentification, You may submit a counter-notification to M90's DMCA Agent containing the information required by 17 U.S.C. § 512(g)(3), including a statement under penalty of perjury that You have a good faith belief the content was removed as a result of mistake or misidentification.
10.5 Repeat Infringer Policy
M90 maintains a policy of terminating, in appropriate circumstances and at M90's sole discretion, the accounts of Users who are deemed repeat infringers. A "repeat infringer" is a User who has been the subject of multiple valid DMCA notifications or who has otherwise repeatedly violated the intellectual property rights of others in connection with the Services.
10.6 False DMCA Claims
You acknowledge that knowingly submitting a materially false DMCA notice or counter-notice may expose You to liability under 17 U.S.C. § 512(f), including liability for damages, costs, and attorneys' fees incurred by M90 or any alleged infringer as a result of M90's reliance on such false notification.
10.7 General Copyright Compliance
You represent and warrant that You own or have obtained all necessary rights, licenses, consents, and permissions to use, collect, display (privately), and analyze all content that You access through the Services. You agree that You will not use the Services in any manner that infringes the copyright, trademark, or other intellectual property rights of any third party. M90 reserves the right to remove or disable access to any content that M90 reasonably believes infringes third-party intellectual property rights.

11. CONFIDENTIALITY
11.1 Mutual Confidentiality
Each party agrees to maintain the strict confidentiality of the other party's Confidential Information and to use such information solely for the purposes of performing its obligations or exercising its rights under this Agreement. Neither party shall disclose the other party's Confidential Information to any third party without the prior written consent of the disclosing party, except as expressly permitted herein.
11.2 Definition of Confidential Information
"Confidential Information" means any non-public information disclosed by one party to the other that is designated as confidential or that, given the nature of the information or the circumstances of disclosure, should reasonably be understood to be confidential. M90's Confidential Information includes, without limitation, the Services' algorithms, data models, pricing, business strategies, customer lists, and technical architectures.
11.3 Exceptions
The confidentiality obligations set forth herein shall not apply to information that: (i) is or becomes publicly available through no fault of the receiving party; (ii) was rightfully known to the receiving party prior to disclosure without restriction; (iii) is independently developed by the receiving party without use of the disclosing party's Confidential Information; or (iv) is required to be disclosed by applicable law or legal process, provided that the receiving party provides prompt written notice to the disclosing party and cooperates with any efforts to seek a protective order.

12. PERSONAL DATA AND PRIVACY
M90's collection, use, and processing of Personal Data in connection with the Services is governed by M90's Privacy Policy, which is incorporated herein by reference and forms an integral part of this Agreement. By accepting this Agreement, You also accept and agree to M90's Privacy Policy.
To the extent You collect, process, or analyze Personal Data through the Services, You are an independent data controller with respect to such data. You are solely responsible for ensuring that Your collection and processing of Personal Data complies with all applicable privacy and data protection laws, including obtaining all required consents, providing required notices, and honoring data subject rights.
You shall not use the Services to collect, process, transmit, or store any special categories of sensitive Personal Data as defined under applicable law (including racial or ethnic origin, political opinions, religious or philosophical beliefs, genetic data, biometric data, health data, or data concerning sex life or sexual orientation) without: (i) a valid legal basis for such processing; (ii) implementation of appropriate technical and organizational safeguards; and (iii) M90's prior written consent.

13. INDEMNIFICATION
13.1 User Indemnification of M90
To the fullest extent permitted by applicable law, You agree to indemnify, defend, and hold harmless M90 Corporation and its parent companies, subsidiaries, affiliates, officers, directors, shareholders, employees, contractors, licensors, agents, successors, and assigns (collectively, "M90 Indemnitees") from and against any and all claims, demands, suits, proceedings, actions, losses, liabilities, damages, costs, and expenses (including reasonable attorneys' fees, court costs, and settlement amounts) arising out of or related to:
	•	Your use of or access to the Services, including any Collected Content
	•	Your violation of this Agreement or any applicable law or regulation
	•	Your violation of the terms of service, policies, or intellectual property rights of any Third-Party Platform
	•	Your infringement of any copyright, trademark, trade secret, patent, privacy right, right of publicity, or other intellectual property or proprietary right of any third party
	•	Your collection, use, processing, storage, or disclosure of any Personal Data or third-party content
	•	Any Collected Content that You access, store, process, or otherwise use through the Services
	•	Any claim by a third party arising from content You access, scrape, collect, or distribute through or in connection with the Services
	•	Any unauthorized access, use, or disclosure of Collected Content by You or through Your account
	•	Any User Content You submit to the Services
	•	Your violation of Section 6 (Anti-Scraping), Section 8 (Private Use Restriction), or Section 9 (Third-Party Platform Compliance) of this Agreement
13.2 M90's Right to Assume Defense
M90 reserves the right to assume exclusive control of the defense and settlement of any matter for which You are obligated to indemnify M90 under this Agreement. You agree to cooperate fully with M90 in the defense of any such claim. You shall not settle any claim that imposes any obligation, restriction, or liability on M90 without M90's prior written consent.
13.3 Acknowledgment of Harm
You acknowledge that breach of Sections 6, 8, or 9 of this Agreement may cause M90 irreparable harm that is difficult to quantify monetarily, and You agree that M90 shall be entitled to seek injunctive or other equitable relief as a remedy, in addition to all other available remedies, without the necessity of proving actual damages or posting bond.

14. DISCLAIMER OF WARRANTIES
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, M90 CORPORATION EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:
	•	WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
	•	WARRANTIES THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, TIMELY, SECURE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS
	•	WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, TIMELINESS, CURRENCY, OR RELIABILITY OF ANY COLLECTED CONTENT OR DATA OUTPUT
	•	WARRANTIES THAT ANY DATA COLLECTED FROM THIRD-PARTY PLATFORMS WILL BE ACCURATE, COMPLETE, OR CURRENT
	•	WARRANTIES REGARDING THE LEGALITY OR APPROPRIATENESS OF ANY USE OF COLLECTED CONTENT UNDER APPLICABLE LAW OR THIRD-PARTY PLATFORM TERMS
	•	WARRANTIES THAT THIRD-PARTY PLATFORMS WILL REMAIN ACCESSIBLE OR COMPATIBLE WITH THE SERVICES
YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICES AND ANY COLLECTED CONTENT IS ENTIRELY AT YOUR OWN RISK. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY M90 OR ITS REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
TO THE EXTENT APPLICABLE LAW DOES NOT PERMIT THE DISCLAIMER OF A PARTICULAR WARRANTY, SUCH WARRANTY SHALL BE LIMITED TO THE MINIMUM EXTENT AND DURATION REQUIRED BY APPLICABLE LAW.

15. LIMITATION OF LIABILITY
15.1 Exclusion of Consequential Damages
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL M90 CORPORATION, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO:
	•	LOSS OF PROFITS, REVENUE, SALES, BUSINESS, DATA, GOODWILL, OR ANTICIPATED SAVINGS
	•	BUSINESS INTERRUPTION OR LOSS OF BUSINESS OPPORTUNITY
	•	REPUTATIONAL DAMAGE OR LOSS OF REPUTATION
	•	LOSS OF OR CORRUPTION OF DATA
	•	COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES
	•	ANY OTHER INDIRECT OR CONSEQUENTIAL LOSS
THIS EXCLUSION APPLIES REGARDLESS OF THE THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, STRICT LIABILITY, WARRANTY, OR OTHERWISE) AND EVEN IF M90 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
15.2 Cap on Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, M90'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES, REGARDLESS OF THE FORM OF ACTION, SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL FEES ACTUALLY PAID BY YOU TO M90 IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED UNITED STATES DOLLARS (USD $100.00).
15.3 Essential Basis
THE PARTIES ACKNOWLEDGE THAT THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN THE PARTIES, THAT SUCH LIMITATIONS FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES, AND THAT M90 WOULD NOT HAVE ENTERED INTO THIS AGREEMENT WITHOUT SUCH LIMITATIONS.
15.4 Third-Party Services
M90 EXPRESSLY DISCLAIMS ALL LIABILITY FOR THE ACTIONS, CONTENT, DATA, PRIVACY PRACTICES, AND PERFORMANCE OF ANY THIRD-PARTY PLATFORMS, SERVICES, OR PROVIDERS, INCLUDING BUT NOT LIMITED TO SOCIAL MEDIA PLATFORMS WHOSE CONTENT MAY BE ACCESSED THROUGH THE SERVICES. YOUR USE OF THIRD-PARTY PLATFORMS AND YOUR COMPLIANCE WITH THEIR TERMS IS ENTIRELY YOUR RESPONSIBILITY.

16. TERMINATION
16.1 Termination by User
You may terminate Your account and subscription at any time by providing written notice to M90 at chat@m90.ai. Termination will take effect at the end of Your then-current billing period. No refunds shall be issued for any prepaid, unused subscription period, except as required by applicable law or expressly provided in M90's refund policy.
16.2 Termination by M90
M90 reserves the right to suspend or terminate Your access to the Services at any time, with or without notice, for any or no reason, including but not limited to:
	•	Your material breach of any provision of this Agreement
	•	Your violation of any applicable law or regulation
	•	Your violation of Section 6 (Anti-Scraping), Section 8 (Private Use), or Section 9 (Third-Party Compliance)
	•	Actual or suspected fraudulent, harmful, unauthorized, or illegal activity
	•	Failure to pay any fees when due
	•	At M90's sole discretion, for any business or operational reason
16.3 Effect of Termination
Upon termination of Your account for any reason: (i) all licenses granted to You under this Agreement shall immediately terminate; (ii) You must immediately cease all use of the Services; (iii) M90 may delete or disable Your account and all associated data without further obligation to You; (iv) all provisions of this Agreement that by their nature should survive termination shall so survive.
You are solely responsible for exporting or backing up any data prior to termination. M90 shall have no obligation to maintain, store, or return any User data following termination.

17. FORCE MAJEURE
Neither party shall be liable for any failure or delay in performance under this Agreement to the extent such failure or delay is caused by circumstances beyond that party's reasonable control, including without limitation acts of God, natural disasters, war, terrorism, civil unrest, pandemics, epidemics, government actions, cyberattacks, internet infrastructure failures, third-party service provider outages, or other events outside the reasonable control of the affected party ("Force Majeure Event").
The affected party shall promptly notify the other party in writing of any Force Majeure Event and shall use commercially reasonable efforts to mitigate the impact thereof. If a Force Majeure Event persists for more than thirty (30) days, either party may terminate this Agreement upon written notice.

18. GOVERNING LAW AND JURISDICTION
This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware, United States of America, without regard to its conflict of law principles. Any dispute, claim, or controversy arising out of or relating to this Agreement, the Services, or any breach, termination, enforcement, or validity thereof shall be subject to the exclusive jurisdiction of the state and federal courts located in the State of Delaware.
You hereby irrevocably consent to the personal jurisdiction of such courts and waive any objection to venue or jurisdiction therein. Nothing in this Section shall preclude M90 from seeking injunctive or other emergency equitable relief in any court of competent jurisdiction to protect M90's intellectual property rights or confidential information.

19. MODIFICATIONS TO THIS AGREEMENT
M90 reserves the right to modify, amend, or update these Terms at any time at M90's sole discretion. M90 will notify You of material changes by: (i) posting the updated Terms on M90's website with a revised "Effective Date"; (ii) sending notice to the email address associated with Your account; or (iii) displaying a prominent notice within the Services.
Your continued access to or use of the Services following the effective date of any modification constitutes Your binding acceptance of the modified Terms. If You do not agree to any modification, Your sole remedy is to immediately cease using the Services and terminate Your account.

20. ASSIGNMENT
You may not assign, transfer, delegate, or sublicense this Agreement or any of Your rights or obligations hereunder, whether by operation of law or otherwise, without M90's prior written consent. Any attempted assignment without such consent shall be void. M90 may freely assign this Agreement, including in connection with a merger, acquisition, corporate restructuring, or sale of all or substantially all of M90's assets.

21. NOTICES
All notices, requests, demands, and other communications under this Agreement shall be in writing. Notices to M90 shall be delivered via email to chat@m90.ai and shall be deemed received upon M90's acknowledgment or two (2) business days after sending, whichever is earlier. M90 may provide notices to You via the email address associated with Your account or via prominent display within the Services.

22. INDEPENDENT PARTIES
The parties to this Agreement are independent contractors. Nothing in this Agreement creates, and nothing shall be construed to create, any agency, partnership, joint venture, employment, or fiduciary relationship between M90 and You. Neither party has authority to bind the other or to incur any obligation on the other's behalf.

23. SEVERABILITY
If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be modified to the minimum extent necessary to make it enforceable, or if such modification is not possible, severed from this Agreement, and the remaining provisions shall continue in full force and effect without impairment.

24. WAIVER
M90's failure or delay in exercising any right, power, or remedy under this Agreement shall not operate as a waiver thereof. No single or partial exercise of any right, power, or remedy shall preclude any other or further exercise thereof or the exercise of any other right, power, or remedy. Any waiver must be in writing and signed by an authorized representative of the waiving party to be effective.

25. ENTIRE AGREEMENT
This Agreement, together with M90's Privacy Policy and any other policies or addenda incorporated herein by reference, constitutes the entire agreement between You and M90 with respect to the Services and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, between the parties with respect to its subject matter.

26. SURVIVAL OF PROVISIONS
The following provisions shall survive termination or expiration of this Agreement for any reason and shall remain in full force and effect: Sections 6 (Anti-Scraping), 7 (Intellectual Property), 8 (Private Use Restriction), 10 (DMCA), 11 (Confidentiality), 13 (Indemnification), 14 (Disclaimer of Warranties), 15 (Limitation of Liability), 18 (Governing Law), 24 (Waiver), 25 (Entire Agreement), and 26 (Survival).


CONTACT & DMCA NOTICES
M90 Corporation  |  chat@m90.ai
For DMCA Takedown Notices: Subject line "DMCA Takedown Notice — M90"
Effective Date: March 17, 2026  |  © 2026 M90 Corporation. All Rights Reserved.