Terms of Service

1. Eligibility

• You must be at least eighteen (18) years of age to use the Services.

• You may use Mochi as an individual or on behalf of a business entity or team.

• By using Mochi, you represent and warrant that you have the legal authority to enter into these Terms and to bind any entity on whose behalf you are acting.

2. Services

Mochi provides a customer relationship management (CRM) and artificial intelligence platform designed to assist coaches, consultants, and teams with the following:

• Management of direct messages across supported platforms, including integrations with Meta APIs and other third-party messaging services.

• Tracking of leads, conversations, bookings, and client interactions.

• Integration with third-party services, including but not limited to payment processors, analytics providers, and communication platforms.

Mochi continuously evolves and may introduce, modify, or discontinue features, integrations, or services at its sole discretion without prior notice. Access to certain features may be subject to additional terms or eligibility requirements.

3. Subscriptions, Payments & Refunds

Mochi is provided on a subscription basis, billed through Stripe or other approved payment providers. Fees are due in advance of the applicable subscription period. All payments must be valid, authorized, and free from fraudulent activity. Mochi reserves the right to modify subscription pricing with reasonable notice to existing subscribers.

Refund Policy

Clients on monthly billing cycles may request a refund within seven (7) days of the applicable payment date. Clients on prepaid multi-month plans may request a refund within fourteen (14) days of the applicable payment date. No refunds shall be issued after the expiration of the applicable refund window under any circumstances.

All refunds are subject to deduction of payment processing fees, including but not limited to fees incurred on the original transaction, refund processing charges, and any applicable third-party processor costs. The maximum refund amount shall not exceed the net proceeds received by Mochi after all processor deductions. Mochi bears no responsibility for fees imposed by third-party payment providers.

Refund Eligibility

To be eligible for a refund, the client must submit a written refund request to Mochi's support team within the applicable refund window and complete a scheduled off-boarding review with a member of the Mochi team. The purpose of this review is to document specific product concerns and ensure the integrity of the refund process. Mochi reserves the right to decline refund requests where the client has not engaged with the off-boarding process or where usage patterns do not indicate a genuine product concern.

Refund Processing

Approved refunds will be processed within seven (7) to twenty-one (21) business days, depending on the client's country of residence, banking institution, and applicable public holidays. Mochi shall not be held liable for delays caused by third-party financial institutions or payment processors.

Cancellation

Subscriptions may be cancelled at any time. Upon cancellation, access to the Services shall continue until the end of the current billing period. No pro rata refunds shall be issued for unused portions of a billing cycle.

4. Acceptable Use

You agree not to use Mochi in any manner that violates applicable laws, regulations, Meta Platform Policies, or these Terms. Prohibited activities include but are not limited to:

• Sending spam, unsolicited communications, or bulk messaging in violation of applicable anti-spam legislation.

• Distributing abusive, threatening, harassing, defamatory, or discriminatory content.

• Transmitting sexually explicit, hateful, or illegal material through the Services.

• Making deceptive, misleading, or fraudulent offers or representations.

• Misusing integrations, including Meta APIs, for purposes not expressly permitted under the applicable platform's terms of use.

• Impersonating any person or entity without proper authorization. Any use of voice reproduction, content cloning, or AI-generated representations requires the express written consent of all parties whose likeness or voice is being reproduced.

Mochi reserves the right to suspend or terminate, without prior notice, any account found to be in violation of these provisions.

5. User Responsibilities

• You are solely responsible for ensuring that your use of Mochi complies with all applicable laws, regulations, and third-party platform policies in your jurisdiction.

  
  

• You acknowledge and agree that you are solely responsible for the outcomes of your business activities, including but not limited to conversion rates, revenue generation, client acquisition, and lead management. Mochi provides tools and infrastructure but makes no guarantees, representations, or warranties regarding specific business results or outcomes.

  
  

• You are responsible for maintaining the confidentiality of your account credentials and for all activities conducted under your account.

6. Intellectual Property

All content, technology, software, designs, trademarks, and proprietary materials associated with Mochi remain the exclusive property of Mochi L.L.C-FZ. No rights, title, or interest in any intellectual property are transferred to you through use of the Services.

You may not copy, modify, distribute, reverse engineer, decompile, or create derivative works based on Mochi's proprietary technology without express written authorization.

User-generated content uploaded to or created within Mochi remains the property of the respective user. By uploading content, you grant Mochi a non-exclusive, worldwide, royalty-free license to use, process, and store such content solely for the purpose of providing the Services.

7. Third-Party Services

Mochi may integrate with third-party platforms and services, including but not limited to Meta (Instagram, Facebook), Stripe, Google Cloud, OpenAI, and various analytics and communication providers.

Mochi is not responsible for interruptions, errors, data loss, or failures of third-party services. Use of third-party services is subject to their respective terms, conditions, and privacy policies.

Mochi does not guarantee the continued availability of any third-party integration and reserves the right to add or remove integrations at its discretion.

8. Data Protection & Privacy

Mochi collects, processes, and stores personal data in accordance with its Privacy Policy and applicable data protection regulations. By using the Services, you consent to the collection and processing of data as described in the Privacy Policy.

Mochi implements commercially reasonable security measures to protect user data but does not guarantee absolute security. You acknowledge that no method of electronic transmission or storage is entirely secure.

For further information regarding data handling practices, please refer to Mochi's Privacy Policy.

9. Availability & Service Interruptions

Mochi endeavors to provide reliable and continuous service but does not guarantee uninterrupted access or 100% uptime.

Mochi shall not be liable for downtime, data loss, service degradation, delays, or errors caused by internet service providers, hosting infrastructure, third-party services, scheduled maintenance, force majeure events, or circumstances beyond Mochi's reasonable control.

Mochi reserves the right to perform scheduled maintenance, during which the Services may be temporarily unavailable.

10. Termination & Suspension

Mochi reserves the right to suspend or terminate your account at its sole discretion, with or without prior notice, if:

• You violate these Terms, the Privacy Policy, or any applicable laws or regulations.

• You engage in unlawful, harmful, fraudulent, or abusive conduct.

• You fail to pay subscription fees when due.

• Your use of the Services poses a risk to the security, integrity, or availability of the platform.

Upon termination, your access to the Services will cease immediately. Mochi may retain or delete your data in accordance with its Privacy Policy and applicable legal requirements. Termination does not relieve you of any payment obligations incurred prior to termination.

11. Limitation of Liability

The Services are provided on an "as is" and "as available" basis without warranties of any kind, whether express, implied, or statutory, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

To the fullest extent permitted by applicable law, Mochi, its officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, revenue, data, business opportunities, or goodwill, arising from or related to your use of the Services.

Mochi's total aggregate liability under these Terms, whether in contract, tort, or otherwise, shall not exceed the total fees paid by you to Mochi in the twelve (12) months immediately preceding the event giving rise to the claim.

12. Indemnification

You agree to indemnify, defend, and hold harmless Mochi, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising from or related to your use of the Services, your violation of these Terms, or your infringement of any third-party rights.

13. Governing Law & Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the United Arab Emirates, specifically those applicable within the Meydan Free Zone.

For the purposes of business verification, regulatory compliance, or platform requirements, Mochi may elect to recognize jurisdiction in the United States where required by Meta or other regulatory authorities.

Any disputes arising from or relating to these Terms shall first be resolved through good faith negotiation between the parties. If a resolution cannot be reached within thirty (30) days of written notice of the dispute, the matter may be submitted to mediation. If mediation fails, disputes shall be submitted to the exclusive jurisdiction of the courts of Dubai, UAE or, where applicable, competent courts in the United States.

14. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

15. Entire Agreement

These Terms, together with the Privacy Policy and any additional terms referenced herein, constitute the entire agreement between you and Mochi with respect to the use of the Services and supersede all prior agreements, understandings, and representations.

16. Changes to Terms

Mochi reserves the right to update or modify these Terms at any time. If changes are material, Mochi will notify users through the Services, by email, or by other reasonable means. Continued use of the Services after notification constitutes acceptance of the updated Terms. If you do not agree to the revised Terms, you must discontinue use of the Services.

17. Contact

Mochi L.L.C-FZ
Meydan Grandstand, 6th Floor, Meydan Road, Nad Al Sheba
Dubai, United Arab Emirates

License No: 2531534.01

Contact: hey@themochi.app

Phone: +971 585435228