Terms of Service

These Terms of Service ("Terms") govern your access to and use of the ACOCO platform, including all related websites, applications, services, and AI-operated Merchant infrastructure (collectively, the "Service"). By creating an account or using ACOCO, you agree to be bound by these Terms. If you do not agree, do not use the Service.

The ACOCO platform is operated by Diablo Tech LLC, a Delaware limited liability company ("Company," "we," "us," or "our").

These Terms apply to:

• Users ("you" or "your") — individuals who create accounts on ACOCO and configure AI-operated Merchants;
• End-Customers — individuals or businesses who interact with, purchase from, or communicate with Merchants operated on the ACOCO platform;
• Prospects — individuals whose publicly available information is collected by AI Agents for outbound marketing purposes; and
• Visitors — individuals who visit acoco.ai, Merchant subdomains (name.acoco.ai), or other ACOCO-operated web properties.

These Terms, together with our Privacy Policy, constitute the agreement governing your use of the Service. These documents should be read together, and by using the Service you agree to all of them.

You must be at least 18 years old (or the age of majority in your jurisdiction, if higher) to use ACOCO. By using the Service, you represent and warrant that you meet these requirements and have the legal capacity to enter into a binding agreement.

• You are responsible for your account, all Merchants created under your account, all connected services, and all activity under your account.
• You must provide accurate, current, and complete information during registration and keep your account credentials secure.
• You must promptly notify us of unauthorized account access at support@acoco.ai.
• Each individual may maintain only one ACOCO account unless expressly authorized by us in writing.
• You may not transfer or assign your account or any rights under these Terms without our prior written consent.

2. Service Description

ACOCO is an AI-powered autonomous business operations platform. When you create a Merchant on ACOCO, the platform provisions all necessary infrastructure and deploys one or more AI Agents that autonomously operate the Merchant business on your behalf. Depending on your configuration and the applicable Merchant template, the Service may:

• Generate and deploy a complete Merchant business—including website, branding, marketing copy, product/service offerings, and storefront—within approximately 30 seconds of Merchant creation.
• Autonomously create, manage, and spend money on digital advertising campaigns (Meta Ads, Google Ads) using platform-managed advertising accounts (see Section 5A).
• Send outbound commercial communications, including cold email, on behalf of your Merchant to prospective End-Customers (see Section 5B).
• Where enabled, help your Merchant accept payments from End-Customers through a Stripe account you connect and control (see Section 5A-2).
• Generate AI content including text, images, logos, video, and marketing collateral using third-party AI models (see Section 6A).
• Scrape publicly available business data (e.g., Google Business listings) to identify and contact Prospects for your Merchant, subject to Section 5B (Outbound Communications) and applicable data protection laws.
• Operate automated browser sessions that navigate websites, fill forms, click elements, and extract data.
• Perform scheduled autonomous operations on recurring schedules without requiring per-execution approval (see Section 5D).

User Role. You are positioned as an advisor and business owner with respect to your Merchant(s). The AI Agent is designed to autonomously operate the Merchant business. You are responsible for monitoring your Merchant’s activity, reviewing outputs, and ensuring compliance with applicable law. For avoidance of doubt, ACOCO acts as your authorized agent when performing actions on connected services and third-party platforms.

No Professional Advice. ACOCO is not a law firm, financial advisor, investment advisor, or regulated fiduciary. Do not rely on ACOCO or its AI Agents as your sole source for legal, medical, tax, financial, or regulatory decisions.

3. Connected Accounts and Authorization

The Service operates through platform-managed master accounts. Connected services fall into the following categories:

Platform-Managed Infrastructure. ACOCO provisions and operates all Merchant infrastructure under its own master accounts as sub-accounts, including but not limited to: hosting, databases, email sending infrastructure, payment processing (Stripe Connect), advertising accounts (Meta, Google), and domains (name.acoco.ai subdomains). You do not need to create, configure, or connect any external accounts to operate your Merchant. ACOCO acts as your authorized agent using platform-owned credentials for these services.

User-Connected Services. For certain optional features, you may connect external services via OAuth or API credentials (for example, custom domains or third-party analytics). You authorize ACOCO to access and use these connections to provide the Service.

• You are responsible for permissions granted to ACOCO in connected services.
• You must comply with all applicable third-party platform terms of service.
• We are not liable for third-party outages, suspensions, policy changes, or API limitations.
• ACOCO may create and store credentials (such as database connection strings, API tokens, and deployment keys) for resources provisioned on behalf of your Merchant. These credentials are stored encrypted using AES-256-GCM and are accessible only to authorized agents operating on behalf of your Merchant.

AI Agent Authorization Scope. By creating a Merchant on ACOCO, you authorize the platform's AI Agents to take the following actions autonomously and without per-action human approval: (i) send emails from @acoco.ai domains on behalf of your Merchant; (ii) create, modify, pause, or terminate advertising campaigns; (iii) generate and publish website content, marketing materials, and business collateral; (iv) accept payments from End-Customers; (v) scrape publicly available data to identify Prospects; and (vi) perform any other action within the scope of the applicable Merchant template. AI Agent actions are bounded by your prepaid subscription runway—the AI Agent cannot incur costs exceeding your available account balance.

4. Acceptable Use

You may not use ACOCO to:

• Break laws, violate third-party rights, or bypass platform restrictions.
• Send spam, run abusive automation, or perform unauthorized scraping beyond the scope of the Service.
• Upload malware, attempt unauthorized access, or interfere with service integrity.
• Use ACOCO in high-risk contexts (healthcare, legal advice, financial advisory, weapons, critical infrastructure) without qualified human oversight.
• Use advertising features to promote prohibited products, services, or content under the applicable advertising platform's policies.
• Use outbound communication features in violation of CAN-SPAM or other applicable anti-spam, data protection, or electronic communication laws.
• Use browser automation to circumvent access controls, CAPTCHAs, login protections, or other security measures on third-party sites.
• Use AI content generation to create deceptive, misleading, defamatory, or harmful content, including deepfakes, impersonation content, or content that violates third-party intellectual property rights.
• Exceed or attempt to circumvent platform rate limits, budget caps, or usage quotas.
• Create Merchants that impersonate existing businesses, individuals, or government entities.
• Use the Service to facilitate money laundering, terrorist financing, sanctions evasion, or other financial crimes.

4A. Prohibited Business Types

You may not direct ACOCO to create or operate Merchants in the following categories. ACOCO reserves the right to suspend or terminate any Merchant that falls within a prohibited category, as determined in our sole discretion:

• Illegal goods or services, including controlled substances, unlicensed pharmaceuticals, and counterfeit goods.
• Adult content, sexually explicit material, or escort services.
• Weapons, ammunition, explosives, or accessories designed to cause harm.
• Gambling, lotteries, or games of chance (unless fully licensed in applicable jurisdictions).
• Multi-level marketing, pyramid schemes, or deceptive "business opportunity" solicitations.
• Securities, investment contracts, cryptocurrency tokens, or any instrument that could be characterized as a security under applicable law.
• Debt collection, bail bonds, or high-risk financial services.
• Substances or supplements making unapproved health claims.
• Political campaigns, lobbying, or issue advocacy.
• Any business whose primary purpose is to generate, distribute, or amplify misinformation or disinformation.
• Businesses that target vulnerable populations (minors, elderly, financially distressed individuals) through deceptive practices.

ACOCO may update this list of prohibited business types at any time by posting an updated version of these Terms. Continued use of the Service after such update constitutes acceptance.

5. Billing, Trials, and Refunds

The Service is provided free of charge, no payment method is required, and each account is limited to creating up to three (3) Merchants. We will request a payment method only if you choose to continue beyond the included usage. When paid plans apply, they are billed through Stripe and may include recurring subscriptions, add-ons, and usage-based components. Pricing shown in-product controls if any summary text conflicts.

• Subscriptions renew automatically until canceled.
• Cancellations apply at the end of the active billing period unless stated otherwise at checkout.
• In addition to subscription fees, certain features incur usage-based charges including advertising spend (see Section 5A) and AI content generation credits.
• By saving a payment method, you authorize ACOCO to charge it for both recurring subscription fees and usage-based charges without requiring additional confirmation for each charge.
• We may update pricing or packaging prospectively with at least thirty (30) days' notice for existing subscribers.
• Your subscription balance constitutes the maximum "runway" available to your Merchant’s AI Agents for autonomous operations. AI Agents cannot incur costs exceeding your available balance.
• No Subscription Refunds. Except as expressly set forth in these Terms, payments for any subscriptions to the Services are nonrefundable and there are no credits for partially used periods. Following any cancellation by you, however, you will continue to have access to the paid Services through the end of the subscription period for which payment has already been made.

5A. Advertising Services and Ad Spend

If your Merchant template includes advertising features (or you enable them), ACOCO's AI Agents will autonomously create and manage digital advertising campaigns on Meta and/or Google advertising platforms using a platform-managed advertising account.

(a) Ad Spend Authorization. By enabling advertising features or using a Merchant template that includes advertising, you authorize ACOCO's AI Agents to:

• Autonomously create advertising campaigns, ad sets, and individual ads on behalf of your Merchant.
• Autonomously determine targeting parameters, creative content, bid strategy, and budget allocation.
• Spend funds on advertising, plus an applicable platform fee (currently 20% of the total advertising charge).
• Generate and upload AI-created video and image creatives to advertising platforms.
• Pause campaigns automatically if payment fails, budget is exhausted, or a policy issue arises.

(b) Ad Spend Funding. Advertising spend is funded separately from your subscription and is charged to your saved payment method. Charges are processed on a periodic basis (typically daily) via Stripe. Ad campaigns will be paused if your payment method declines.

(c) Autonomous Budget Management. Unlike traditional advertising management, ACOCO's AI Agents manage advertising budgets autonomously. The AI Agent determines how much to spend and when, subject to the following constraints: (i) total ad spend cannot exceed limits set by you in your account settings; and (ii) campaigns are automatically paused if your payment method cannot be charged. You acknowledge and agree that you will not have per-campaign approval rights over individual ad placements, creative selections, or budget allocations made by the AI Agent.

(d) Platform Fee. A platform fee (currently 20% of the total advertising charge) applies. For example, a $100 total advertising charge results in approximately $80 allocated to ad spend on the advertising platform and $20 as a platform fee to ACOCO. We may adjust the fee rate prospectively with notice.

(e) Shared Ad Account. Advertising campaigns run through an ACOCO-managed platform advertising account, not your personal advertising account. ACOCO manages campaign structure, targeting parameters, and creative rotation on behalf of your Merchant. Multiple Merchants may share a platform advertising account.

(f) Content Responsibility. While ACOCO's AI Agents create ad content autonomously, you are ultimately responsible for ensuring ad content and targeting comply with applicable advertising platform policies and applicable law (including FTC truth-in-advertising requirements). ACOCO is not liable for ad disapprovals, account restrictions, or policy violations imposed by the advertising platform.

(g) Conversion Tracking. If you enable conversion tracking, ACOCO may create a Meta Pixel or Google conversion tag for your Merchant and send server-side conversion events (such as Purchase and Lead events) to advertising platforms via their Conversions APIs. This involves sending hashed personal identifiers (email, user ID) along with event metadata. In jurisdictions requiring consent for tracking technologies, conversion tracking will only be activated where valid consent has been obtained. See our Privacy Policy for details.

(h) Refunds. Ad spend that has been committed to advertising platforms is non-refundable. Platform fees on delivered ad spend are non-refundable. If a campaign is paused or terminated before the budget is fully spent, no charge will be made for unspent portions.

5A-2. Revenue and Payment Processing

The Service is provided free of charge and Merchants are not enabled to accept payments from End-Customers. The following terms will apply if and when End-Customer payment acceptance is enabled for your Merchant.

(a) ACOCO's Role. ACOCO is a technology platform. If End-Customer payment acceptance is enabled for your Merchant, all payments will be processed directly through a Stripe account that you connect and control, and you will be the merchant of record for those transactions. ACOCO does not take title to, receive, or hold End-Customer or User funds, and does not itself provide banking or payment-processing services. ACOCO acts solely as your authorized technical agent to configure payment flows on your behalf.

(b) Tax Reporting. You are solely responsible for reporting any income you earn through the Service to applicable tax authorities. ACOCO does not provide tax advice.

5B. Outbound Communications

ACOCO's AI Agents send outbound emails autonomously in several contexts on behalf of your Merchant:

Operational Emails. Service communications related to authentication, billing, onboarding, and account activity sent to you (the User).

Cold Outbound Email. Where permitted by applicable law, ACOCO's AI Agents may send unsolicited commercial emails to Prospects identified through publicly available data (e.g., Google Business listings) from @acoco.ai domains. These emails are sent on behalf of your Merchant without per-message human approval. By using a Merchant template that includes outbound email (or enabling the feature), you authorize this activity. Unsolicited commercial email is sent only where applicable law permits such communications without prior consent. In jurisdictions requiring prior consent for commercial electronic messages, this feature is available only for recipients who have provided valid consent in accordance with applicable law.

Follow-Up Emails. Automated follow-up emails may be sent after an initial outbound message if no response is received. Follow-up frequency is rate-limited per recipient.

Transactional Emails. Order confirmations, receipts, shipping notifications, and other transactional messages sent to your Merchant’s End-Customers.

(a) CAN-SPAM and Applicable Law Compliance. All commercial emails sent by ACOCO AI Agents will comply with applicable electronic messaging laws, including CAN-SPAM (for U.S. recipients) and equivalent requirements in other jurisdictions. This includes: (i) accurate header information identifying the sending domain (@acoco.ai); (ii) clear identification that the message is an advertisement where required; (iii) physical mailing address of Diablo Tech LLC (1201 Wilson Blvd, Floor 25, Arlington, VA 22209); and (iv) a functioning unsubscribe mechanism that processes opt-out requests within the timeframes required by applicable law.

(b) Consent-Based Marketing. In jurisdictions where applicable law requires prior consent for commercial electronic messages, ACOCO will send such messages only to recipients who have provided valid consent in accordance with applicable law. You are responsible for ensuring that any recipient lists you upload or approve include only recipients who have provided valid consent where required by applicable law.

(c) Compliance with Local Requirements. ACOCO's outbound communication practices are designed to comply with applicable anti-spam, data protection, and electronic communication laws in each jurisdiction where recipients are located. ACOCO may implement technical measures to identify recipient location and restrict or modify outbound communications to comply with local legal requirements.

(d) Suppression and Opt-Out. If a recipient opts out or marks a message as spam, ACOCO will honor that request and stop sending further communications to that address. We are working toward platform-wide suppression so that an opt-out applies across all ACOCO-operated Merchants. You may not attempt to circumvent opt-out or suppression mechanisms.

(e) Shared Domain Reputation. Because outbound emails are sent from @acoco.ai domains shared across Merchants, any Merchant’s email practices may affect deliverability for other Merchants. ACOCO reserves the right to suspend outbound email for any Merchant that generates excessive spam complaints, bounce rates, or other deliverability issues in its sole discretion.

(f) Your Responsibility. While ACOCO implements technical compliance measures, you remain responsible for ensuring that the business type and email content associated with your Merchant do not violate applicable anti-spam laws. You represent that you will not use outbound email features to contact individuals who have previously opted out or where applicable law prohibits such contact.

5C. Infrastructure Provisioning

ACOCO provisions all Merchant infrastructure automatically under platform-managed master accounts, including:

• Hosted web services and Merchant storefronts (deployed at name.acoco.ai subdomains).
• Managed databases (shared-schema with tenant isolation).
• Email sending infrastructure (@acoco.ai domains).
• Payment processing (Stripe Connect sub-accounts).
• Advertising platform sub-accounts (Meta, Google).
• AI model access (including resold API tokens from providers such as Perplexity, Anthropic, OpenAI, and others).

(a) Resource Ownership. All infrastructure resources are provisioned under ACOCO-managed platform accounts. You retain ownership of the business data and content within those resources, subject to Section 6. You do not own or control the underlying infrastructure accounts.

(b) Costs. Infrastructure costs are included in your subscription or charged as usage-based fees as described in-product. AI token costs include a markup above ACOCO's cost from upstream providers.

(c) Teardown. You may request teardown of your Merchant’s provisioned resources through the platform. Upon teardown, all associated cloud resources (databases, services, email accounts, stored content) will be permanently deleted. This action is irreversible.

(d) Data Responsibility. You are responsible for exporting any data or content you wish to retain before requesting Merchant teardown or account deletion.

(e) Credential Storage. Database credentials, API tokens, and deployment configuration for provisioned resources are stored encrypted using AES-256-GCM and are accessible only to authorized agents operating on behalf of your Merchant.

(f) Multi-Tenancy. Merchant data is stored in shared-schema databases with tenant isolation enforced through application-level access controls and tenant-scoped queries. Database-level row-level security ("RLS") is being implemented as an additional defense-in-depth measure but is not yet fully deployed across all data stores. ACOCO implements technical controls designed to prevent cross-tenant data access, but does not guarantee that isolation failures are impossible. See our Privacy Policy for additional details on data protection measures.

5D. Autonomous Scheduled Operations

ACOCO's AI Agents operate on automated schedules without requiring per-execution approval, including:

• Daily ad spend billing and campaign reconciliation.
• Outbound communication drip sequences and cold email campaigns.
• Failed ad upload retries.
• Prospect scraping and identification.
• Website content updates and SEO optimization.
• End-Customer order fulfillment and communication.
• Trial expiration and subscription enforcement.
• Operating cycle triggers for active Merchants.

By creating a Merchant on ACOCO, you authorize ACOCO to execute these autonomous operations on the configured schedule. You may pause or disable specific features at any time through your account settings, which will stop related scheduled operations. You acknowledge that disabling autonomous features may materially impair your Merchant’s ability to operate.

6. Ownership and Licenses

You retain ownership of content you provide to ACOCO (such as business ideas, product descriptions, and custom instructions). As between you and ACOCO, you own outputs generated specifically for your Merchant, subject to the limitations below. ACOCO retains ownership of the platform, software, AI model orchestration, templates, and underlying technology.

• You grant ACOCO a non-exclusive, worldwide, royalty-free license to host, process, reproduce, and use your content to operate, improve, and promote the Service.
• You represent that you have rights to content you provide and authorize us to process it.
• ACOCO may use anonymized and aggregated data derived from your Merchant’s operations to improve the Service and for benchmarking purposes.

6A. AI-Generated Content

ACOCO uses multiple AI models and services to generate content for your Merchant, including website copy, marketing materials, images, logos, branding, email copy, and advertising creatives.

(a) No Guarantee of Accuracy. AI-generated content may contain errors, inaccuracies, or inappropriate material. While ACOCO's AI Agents operate autonomously, you are ultimately responsible for reviewing all generated content. ACOCO makes no warranty that AI-generated content is accurate, non-infringing, or suitable for any particular purpose.

(b) Advertising Content. AI-generated content used in advertising campaigns is subject to the advertising platform's content policies. ACOCO is not liable for content rejections, ad disapprovals, or policy violations arising from AI-generated advertising content.

(c) Intellectual Property. As between you and ACOCO, you own outputs generated for your Merchant’s use, subject to: (i) ACOCO's retained rights in its platform, templates, and underlying technology; (ii) applicable third-party AI model provider terms (which may restrict certain uses of AI-generated content); and (iii) the fact that AI-generated content may not be eligible for copyright protection in all jurisdictions. You represent that you will not use AI-generated content in ways that infringe third-party intellectual property rights.

(d) Content Storage. Generated media is stored on ACOCO's cloud infrastructure and may be uploaded to third-party platforms (such as Meta, Google, or your Merchant’s storefront) as directed by AI Agent operations.

(e) Similarity of Outputs. Because ACOCO operates multiple Merchants using similar AI models and templates, content generated for different Merchants may be similar or substantially identical. ACOCO does not guarantee uniqueness of AI-generated outputs.

6B. AI Proxy and API Access

ACOCO may provide API endpoints (including OpenAI-compatible interfaces) that allow AI Agents and integrations to access AI models through the platform.

• API access is subject to rate limits and usage quotas based on your subscription tier.
• ACOCO routes requests to underlying AI model providers (Anthropic, OpenAI, Google, Perplexity, and others) at its discretion. Model availability is not guaranteed.
• Prompts and outputs transmitted through the API are subject to the same data handling practices described in our Privacy Policy.
• You are responsible for the content of API requests and for ensuring outputs are used in compliance with these Terms and applicable law.
• ACOCO does not guarantee uptime, latency, or availability of API endpoints.
• AI token consumption is billed at a markup above ACOCO's cost from upstream providers. Current markup rates are disclosed in-product.

6C. Referral Credits

ACOCO may offer referral programs where you or referred Users receive credits or other incentives. Referral credits have no cash value, are non-transferable, and may expire. ACOCO may modify or discontinue referral programs at any time. Abuse of referral programs (including self-referrals or fraudulent accounts) may result in credit forfeiture and account suspension.

6D. Multi-User Teams

Multiple Users may belong to the same account with different roles (such as owner, admin, or member). The account owner is responsible for managing team membership, permissions, and access controls. ACOCO is not responsible for unauthorized access resulting from the owner's failure to manage team permissions. If an account ownership dispute arises, ACOCO may freeze the account until the dispute is resolved.

7. Merchant Storefronts, Subdomains, and Hosted Content

(a) Merchant Storefronts. Each Merchant on ACOCO receives an AI-generated public storefront that displays the Merchant’s products or services, pricing, and business information. Storefronts are accessible to the public and may be indexed by search engines. You are responsible for reviewing the content displayed on your Merchant’s storefront, including AI-generated content.

(b) Subdomains. Each Merchant is assigned a subdomain (for example, name.acoco.ai) with an auto-generated landing page and storefront. These pages are hosted by ACOCO and are publicly accessible. You do not own or control the subdomain; it is licensed to you for the duration of your Merchant’s active status on the platform.

(c) Content Responsibility. You are responsible for all content displayed on your Merchant’s storefront and subdomain, including AI-generated content. ACOCO may remove or disable access to content that violates these Terms, applicable law, or third-party rights (including in response to DMCA or similar takedown requests). ACOCO is not obligated to review Merchant content proactively but reserves the right to do so.

(d) Post-Termination. Merchant storefronts and subdomains are disabled upon account termination or Merchant teardown. ACOCO does not guarantee continued availability of any subdomain or URL after termination.

(e) Platform Showcase. ACOCO may display anonymized or summarized Merchant activity on platform-wide public-facing pages (such as a live dashboard) to showcase how the platform works. No sensitive data, credentials, or private content is exposed in these displays without your consent.

8. Privacy and Communications

Our data practices are described in our Privacy Policy. By using ACOCO, you consent to service communications related to authentication, account activity, billing, and operations.

With respect to End-Customer data collected through your Merchant:

• ACOCO acts as a data processor on your behalf for End-Customer personal data collected through your Merchant’s storefront and transactions.
• You act as the data controller with respect to your End-Customers and are responsible for: (i) providing appropriate privacy notices; (ii) establishing a lawful basis for processing (including obtaining required consents); (iii) responding to data subject requests (with ACOCO’s reasonable assistance as described in our Privacy Policy); and (iv) ensuring that any instructions you provide to ACOCO comply with applicable data protection laws. ACOCO will provide reasonable assistance in responding to data subject requests to the extent technically feasible using available self-service tools; assistance that exceeds standard platform capabilities may be subject to reasonable fees, which ACOCO will notify to you in advance.
• ACOCO implements appropriate technical and organizational measures to protect personal data, including encryption at rest and in transit, access controls, and audit logging.
• Data Subject Rights. Individuals may have rights under applicable data protection laws, which may include the right to access, correct, delete, port, or restrict processing of their personal data, and the right to object to certain processing activities. To exercise data protection rights, contact us at privacy@acoco.ai. We will respond to requests in accordance with applicable law.
• Data Retention. ACOCO retains personal data only for as long as necessary to fulfill the purposes for which it was collected, comply with legal obligations, resolve disputes, and enforce our agreements.

9. Cookies and Tracking

ACOCO uses cookies and similar technologies for security, authentication, core functionality, diagnostics, and marketing attribution on acoco.ai domains and Merchant subdomains. This includes session cookies, authentication tokens, and attribution identifiers such as _fbp and _fbc where applicable. Where applicable law requires consent for non-essential cookies, ACOCO will present a cookie consent mechanism before setting such cookies. Strictly necessary cookies (security, authentication, core functionality) do not require consent. Analytics and marketing cookies require affirmative consent where legally required.

By continuing to use ACOCO, you acknowledge this cookie usage. You can manage cookies through your browser settings, but disabling required cookies may impact core product functionality. Merchant storefronts may set cookies on End-Customer browsers for analytics and conversion tracking purposes as described in Section 5A(g), subject to applicable consent requirements.

10. Disclaimers

ACOCO is provided "as is" and "as available," without warranties of any kind, express or implied, including fitness, merchantability, non-infringement, or uninterrupted availability, to the maximum extent permitted by applicable law. If you are a consumer, this disclaimer does not affect any statutory rights that cannot be waived or limited by contract.

• We do not guarantee that advertising campaigns will achieve specific results, that ads will be approved by advertising platforms, or that AI-generated content will be error-free.
• We do not guarantee uptime, delivery, or performance of third-party infrastructure provisioned on behalf of your Merchant.
• We do not guarantee that your Merchant will generate revenue, attract End-Customers, or achieve any particular business outcome.
• We do not guarantee that AI Agents will make optimal business decisions or that autonomous actions will always be appropriate for your Merchant’s circumstances.
• We do not guarantee that outbound emails will be delivered, that recipients will not mark messages as spam, or that email campaigns will comply with all applicable laws in all jurisdictions.
• We do not guarantee the accuracy, completeness, or appropriateness of AI-generated content, including website copy, marketing materials, and advertising creatives.

10A. No Legal Entity; No Securities; No Investment

BY USING ACOCO, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:

(a) No Legal Entity Formed. No separate legal entity (corporation, LLC, partnership, joint venture, trust, or otherwise) is formed, created, or registered in connection with your Merchant. Your “Merchant" is a software configuration on ACOCO's platform, not a legal person. It has no separate legal existence, cannot independently enter into contracts, and has no assets of its own.

(b) No Securities or Investment Interest. Your use of ACOCO does not constitute an investment. You do not receive equity, shares, membership interests, tokens, or any ownership interest in any entity—including Diablo Tech LLC or your Merchant. No instrument offered through the Service constitutes a "security" under the Securities Act of 1933, the Securities Exchange Act of 1934, or any state securities law. The platform fee and subscription model are fees for services, not a return on investment.

(c) No Partnership or Joint Venture. Nothing in these Terms or in your use of the Service creates a partnership, joint venture, franchisor-franchisee relationship, employer-employee relationship, or agency relationship (other than the limited agent authorization described in Sections 2 and 3) between you and ACOCO.

(d) No Profit Guarantee. The "business owner" and "advisor" framing used in the Service is for descriptive and user-experience purposes only. It does not create any fiduciary duty, equity interest, or legal ownership. Revenue generated by your Merchant (if any) is service income earned through the platform, not a return on capital or investment gain.

(e) Platform Classification. ACOCO is a technology platform providing AI-powered business automation services for a subscription fee with a revenue-sharing component. It is not an investment platform, crowdfunding portal, broker-dealer, or investment adviser.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ACOCO AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, DATA, GOODWILL, OR BUSINESS INTERRUPTION, REGARDLESS OF THE THEORY OF LIABILITY. THIS LIMITATION DOES NOT APPLY TO LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW.

OUR AGGREGATE LIABILITY FOR CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) AMOUNTS YOU PAID TO ACOCO FOR PLATFORM FEES AND SUBSCRIPTIONS (EXCLUDING PASS-THROUGH ADVERTISING SPEND, END-CUSTOMER REVENUE PASS-THROUGH, INFRASTRUCTURE COSTS, AND THIRD-PARTY SERVICE CHARGES) IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY, OR (B) ONE HUNDRED DOLLARS ($100 USD).

Without limiting the above, ACOCO will not be liable for:

• Advertising spend charged to your payment method and passed through to advertising platforms.
• Revenue or opportunities lost due to ad campaign pauses, content rejections, or platform policy enforcement by third parties.
• Actions taken by AI Agents within the scope of your configured permissions and Merchant settings.
• Content generated by AI models that is rejected, removed, or flagged by third-party platforms.
• Data you choose to make publicly visible on Merchant storefronts or subdomain landing pages.
• End-Customer claims arising from transactions with your Merchant.
• Business losses, including failure to generate revenue or attract End-Customers.
• Consequences of autonomous AI Agent actions, including emails sent, ads placed, or transactions processed.
• Domain reputation impacts affecting email deliverability.

12. Indemnity

To the maximum extent permitted by applicable law, you agree to indemnify, defend, and hold harmless ACOCO, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, losses, damages, liabilities, and expenses (including reasonable attorneys' fees) arising from:

• Your use of the Service and the content you provide or direct AI Agents to create.
• Actions taken by AI Agents within the scope of your Merchant’s configured permissions, including autonomous actions.
• Advertising content created or distributed on behalf of your Merchant that violates third-party platform policies or applicable law.
• Outbound communications sent on behalf of your Merchant, including cold emails and follow-up sequences.
• Your Merchant’s transactions with End-Customers, including disputes, refunds, chargebacks, and non-delivery claims.
• Content displayed on your Merchant’s storefront or subdomain.
• Claims by End-Customers arising from products or services sold through your Merchant.
• Your violation of these Terms, applicable law, or third-party terms of service.
• Claims that your Merchant’s business type or operations violate applicable law or regulation.
• Tax liabilities arising from income received through the Service.

13. Dispute Resolution; Arbitration; Class Action Waiver

(a) Informal Resolution. Before filing a claim, both parties agree to attempt informal resolution for at least thirty (30) days by contacting legal@acoco.ai (for claims against ACOCO) or the email associated with your account (for claims against you).

(b) Binding Arbitration. To the extent permitted by applicable law, if disputes are unresolved through informal resolution, they will be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, on an individual basis. The arbitration will take place in New York, New York, and may be conducted virtually via Zoom (or a comparable videoconferencing platform). The arbitration will be conducted in English, and judgment on the award may be entered in any court having jurisdiction. The arbitrator may award any relief that a court could award, including injunctive relief and attorneys' fees. This arbitration provision does not apply where prohibited by applicable law, and nothing in this section deprives you of any mandatory statutory right to bring claims in a court of competent jurisdiction.

(c) Class Action Waiver. TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AND ACOCO EACH WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING, AND EACH AGREES TO BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY. The arbitrator may not consolidate more than one party’s claims or otherwise preside over any class or representative proceeding. If this Class Action Waiver is found to be unenforceable as to a particular claim or request for relief, that claim or request for relief will be severed and resolved in a court of competent jurisdiction, while all remaining claims will continue to be resolved in arbitration. This waiver does not apply where prohibited by applicable law. In all other respects, this Section 13 will remain in full force and effect.

(d) Small Claims Exception. Either party may bring qualifying claims in small claims court as an alternative to arbitration.

(e) Governing Law. These Terms are governed by the laws of the State of Delaware, without regard to conflict of law principles, except that if you are a consumer, this choice of law will not deprive you of the protection afforded by mandatory provisions of the law of your country of residence. If arbitration terms are unenforceable for a specific claim, that claim will be resolved exclusively in state or federal courts located in Delaware, and Delaware law will govern to the extent permitted by law.

(e-1) Consumer Rights Preserved. If you are a consumer, nothing in these Terms (including the limitation of liability, disclaimer of warranties, and indemnification provisions) limits or excludes any liability or rights that cannot be limited or excluded under applicable law. To the extent any provision of these Terms is found to be unenforceable under applicable consumer protection law, that provision will be modified to the minimum extent necessary to make it enforceable, or if modification is not possible, severed.

(f) Statute of Limitations. To the extent permitted by applicable law, any claim arising under or relating to these Terms must be brought within one (1) year after the cause of action accrues, or such claim is permanently barred. This limitation does not apply where applicable law prescribes a longer mandatory limitation period that cannot be shortened by contract.

14. Suspension and Termination

We may suspend or terminate your access to the Service, including individual Merchants, if we reasonably believe your use creates legal, security, abuse, or operational risk, or violates these Terms. Specifically:

• We may suspend a Merchant immediately if it receives excessive chargebacks, spam complaints, or content policy violations.
• We may suspend outbound email if a Merchant’s email practices generate excessive bounce rates or spam reports that threaten ACOCO's domain reputation.
• We may terminate your account for repeated or material violations of the Acceptable Use policy (Section 4) or Prohibited Business Types (Section 4A).

Upon termination:

• Active advertising campaigns will be paused immediately. No charge will be made for unspent budget.
• Outbound email campaigns will cease.
• Merchant storefronts and subdomains will be disabled.
• Provisioned cloud infrastructure will remain accessible for 30 days unless you request earlier teardown. After 30 days, resources may be permanently deleted.
• Scheduled operations will cease.
• You may export your data during the 30-day post-termination period.

You may terminate your account at any time through your account settings or by contacting support@acoco.ai. Termination does not relieve you of obligations accrued prior to termination, including payment obligations and indemnification obligations.

15. AI Disclosure and Transparency

By using ACOCO, you acknowledge and agree to the following AI disclosure and transparency provisions:

(a) AI-Operated Business Disclosure. Your Merchant is operated primarily by artificial intelligence. End-Customers transacting with your Merchant may be interacting with AI-generated content, AI-composed communications, and AI-managed processes. Applicable law may require disclosure of AI involvement to End-Customers.

(b) ACOCO's Disclosure Obligations. ACOCO will implement reasonable technical measures to ensure that Merchant storefronts and communications include appropriate AI disclosure notices where required by applicable law. These disclosures may include but are not limited to: (i) notices on Merchant storefronts indicating AI-generated content; (ii) disclosures in outbound communications; (iii) indicators during End-Customer service interactions that the End-Customer is interacting with an AI system; and (iv) other disclosures required for AI systems that interact with natural persons or generate synthetic content.

(c) Your Acknowledgment. You acknowledge that: (i) your Merchant’s operations are substantially automated through AI; (ii) AI Agents make autonomous decisions regarding marketing, pricing, content, and End-Customer communications; (iii) you are responsible for monitoring AI Agent outputs for compliance with applicable law; and (iv) AI-generated marketing claims (e.g., "100% agent-run") must be substantiated under FTC truth-in-advertising standards.

(c-1) Automated Decision-Making. ACOCO’s AI Agents make automated decisions regarding marketing targets, content generation, advertising optimization, and other operational matters. Where applicable law provides rights regarding automated decision-making that produces legal effects or similarly significant effects on individuals, ACOCO will implement appropriate safeguards, which may include the right to obtain human intervention, express a point of view, and contest the decision. Contact support@acoco.ai if you believe an automated decision has significantly affected you.

(d) Regulatory Compliance. ACOCO will comply with applicable AI transparency and governance requirements in the jurisdictions where the Service is offered. ACOCO will update its AI transparency practices as regulatory requirements evolve.

(e) No Deceptive Practices. You agree not to use the Service in a manner that would constitute a deceptive trade practice, unfair or deceptive act or practice (UDAP), or false advertising with respect to the nature of your Merchant’s operations. You will not affirmatively misrepresent AI-generated outputs as human-created where such misrepresentation would be material to a consumer's purchasing decision.

16. Changes to These Terms

We may update these Terms periodically. The "Effective Date" above reflects the current version. For material changes, we will provide at least thirty (30) days' advance notice via email to the address associated with your account or through a prominent notice within the Service. Continued use after an update constitutes acceptance of the updated Terms. If you do not agree to updated Terms, you must stop using the Service and may terminate your account.

17. Contact

Questions: support@acoco.ai

Legal notices: legal@acoco.ai

Privacy inquiries: privacy@acoco.ai

Terms version: July 15, 2026

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