Mochi Beta Terms of Service

The Mochi Beta Service Terms (the “Terms”) are made by and between the entity accepting these Terms
("you") and Mochi Solutions Pte. Ltd. (“Mochi”) unless otherwise indicated below (as applicable, "we" or
"us"), and are effective as of the date you first accept them (whether via an online click-through or a signed
agreement or by using the Beta Services) (the "Effective Date").

These Terms describe your rights and responsibilities when accessing Beta Services. By indicating your
acceptance of these Terms, or enabling or using the Beta Services, you:

Mochi is making the features or functionalities of its services available to the Client, AT NO CHARGE. Such services may be designated by Mochi as a beta, pilot, limited release, developer preview, non-production, evaluation, or by a similar description, as applicable (each, a “Beta Service” and collectively, the “Beta Services”). These Beta Services are being rolled out for the purpose of improving and developing Mochi’s Platform (the “Mochi Platform”) and any other product or service sought to be tested and/or released by Mochi (together, the “Mochi Services”). Pursuant to the terms hereof, Mochi agrees to allow Client to test and evaluate the Beta Services and Client may choose to proceed with availing of the Mochi Services at its discretion.

2.1 Limitation of Liability. Beta Services are intended for evaluation purposes, are not generally available, may contain bugs and errors, and may be subject to additional terms as set forth in any associated documentation. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS, THE CLIENT ACKNOWLEDGES AND AGREES THAT THE BETA SERVICES ARE PROVIDED “AS-IS” WITH RESPECT TO THEIR PERFORMANCE, SPEED, FUNCTIONALITY, SUPPORT, AND AVAILABILITY, AND MOCHI WILL HAVE NO LIABILITY OR OBLIGATION FOR ANY HARM OR DAMAGE ARISING FROM DEFICIENCIES THEREWITH.

Authorized Users for Beta Services. The Client shall designate Authorized Users who shall have access to the Beta Services by inputting the Authorized User’s details on the Mochi Platform. The Authorized User agrees to abide by the Mochi User Terms of Service and the Acceptable Use Policy when accessing and using the Beta Services.

2.2.Responsibility for Authorized Users. Client is solely liable and responsible for understanding the settings, privileges and controls for the Mochi Services and for controlling whom Customer permits to become an Authorized User and what are the settings and privileges for such Authorized User, including without limitation, the right to access, modify or share the data shared to Mochi in the course of using the Mochi Services (“Client Data”). Client is responsible for the activities of all of the Authorized User, including the creation and issuance of buyer profiles and invoices, and how the Authorized User uses Client Data. Further, Client acknowledges that any action taken by an Authorized User on the Client’s account, is deemed by us as an authorized action by Client, hence Client shall have no claim in this regard.

3.1. Collection and Use of Data. You agree that Mochi may obtain information and data from you in connection with your registration and use of the Beta Services including, without limitation, personal information. Mochi may also collect and process technical and performance information about your use of the Beta Services and use this information to support and troubleshoot issues, provide updates, analyze trends, and improve Mochi’s Services. Mochi shall be allowed to use such data and share such data with Mochi’s partners for reporting purposes.

3.2. Authorization to Process Data. You hereby consent to Mochi’s processing and transferring of this information, including, if any, personal information, in conformity with the Mochi Privacy Notice, as updated from time to time.

3.3. Feedback Obligations. Further, you shall provide feedback to Mochi concerning the functionality and performance of the Beta Services from time to time as reasonably requested by Mochi, including, without limitation, identifying potential errors and improvements. You will also be invited to complete surveys regarding the Beta Services.

3.4. License to Use Feedback. Feedback provided to Mochi through any of the foregoing methods in connection with the Beta Services may be used by Mochi and its partners to improve or enhance Mochi’s Services and any of its features and/or functionalities and, accordingly, Mochi shall have a non-exclusive, perpetual, irrevocable, royalty-free, worldwide right and license to use, reproduce, disclose, sublicense, distribute, modify and otherwise exploit such feedback without restriction.

4.1. "Confidential Information" means any and all information disclosed by us to you, or accessed or provided by you, relating to the Beta Services including your use thereof, the relationship contemplated herein, and feedback, except to the extent made public by us. Confidential Information shall also include any associated functionality or service information; any features or functions of the Beta Services that are disclosed to Client and are not publicly available including, without limitation, non-public or pre-release tools, services, environments or APIs and any associated documentation, and any and all data or information contained therein (“Mochi Proprietary Elements”).

4.2. Confidentiality Obligations. You agree that you: (a) will not use any Confidential Information other than as necessary to use or test the Beta Services; (b) will maintain Confidential Information in strict confidence and will use the same degree of care to protect it as you use to protect your own confidential information, but in no circumstances less than reasonable care; and (c) will not disclose the Confidential Information to any person or entity other than those who need access to such Confidential Information to effect the intent of these Terms and who are bound by written confidentiality obligations at least as protective as those set forth in this section; provided, however, that you will remain responsible for each such person’s or entity’s compliance with and breach of the confidentiality terms herein.

4.3. Public Announcements. You will not make any public announcements related to the Beta Services without our prior written approval, which we may grant or withhold in our sole discretion.

4.4. Supersedes Prior Agreements. This confidentiality provision supersedes any prior agreements between the parties solely with respect to Confidential Information described in these Terms.

4.5. Survival of Terms. This “Confidentiality” section shall survive the termination of these Terms and shall continue to apply to the Mochi Proprietary Elements unless and until the Mochi Proprietary Elements become generally available to the public without restriction and through no fault of Client or any of its affiliates, agents, consultants, or employees.

Provided that Mochi obtains Client’s prior written consent (via email is permitted), Mochi may use Client’s name or logo or upon Mochi’s request, a mutually agreed upon comment, quotation or statement related to Client’s use of the Beta Services, each of which may be used by Mochi as a reference for marketing or promotional purposes in connection with the Beta Services (“PublicityRights”). The parties acknowledge and agree that Publicity Rights are not a requirement for Client to test or evaluate the Beta Services.

These Terms commence on the Effective Date and will remain in effect unless either party provides written notice of termination upon thirty days’ written notice to the other. Client’s right to use any particular Beta Service will end on the earlier of (a) the date Mochi makes such Beta Service generally available, or (b) the termination date of such Beta Service following thirty (30) days’ written notice by Client. Client acknowledges that upon termination of these Terms, Mochi may approach the Client to discuss Client’s availment of the Mochi Platform and/or Mochi Services, subject to the execution of a separate and independent agreement.

As we develop the Mochi Services, we may change these Terms. If we make a material change to the Terms, we will provide the Client with reasonable notice prior to the change taking effect, either by emailing the email address associated with Client’s account or by messaging the Client through the Mochi Platform. The Client can review the most current version of the Terms at any time by visiting this page. The materially revised terms will become effective on the date set forth in our notice, and all other changes will become effective upon posting of the change. If the Client accesses or uses a Beta Service after the effective date, that use will constitute Client’s acceptance of any revised terms and conditions.

These Terms shall be governed by the laws of the Philippines without reference to conflict of laws principles. You shall not assign these Terms, directly or indirectly, by operation of law or otherwise, without the prior written consent of Mochi. This is the entire agreement between the parties relating to the subject matter hereof. If any provision of these Terms is held by a court of competent jurisdiction to be contrary to law, the remaining provisions of these Terms shall remain in full force and effect.