Mochi Terms of Service

EFFECTIVE DATE: JUNE 26, 2023

These User Terms of Service (“User Terms”) apply whenever you access and use the Mochi platform and any of its products and services, including those products and services under beta testing (the “Mochi Services”).

These Terms constitute the agreement between you, as an individual, and Mochi Solutions Pte Ltd (“Mochi”). The Mochi Acceptable Use Policy is incorporated by reference into the User Terms.

You are the individual who has been designated as one of the Authorized Users in the Mochi Terms of Service/Mochi Beta Terms of Service (the “Contract”) by the Client. The Client is the organization you are representing and who has availed of the Mochi Services by separately agreeing to the Contract.

As an Authorized User, you warrant that:

If the foregoing representations are not true, you may not access the Mochi Services

4.1. If you access or use the Mochi Services or continue accessing or using the Services after being notified of a change to the User Terms or the Acceptable Use Policy, you confirm that you have read, understood, and agree to be bound by the User Terms and the Acceptable Use Policy.

4.2. Any data you submit to Mochi in the course of using the Mochi Services is owned by the Client (“Client Data”).

4.3. Your access to the Mochi Services may be subject to the Client’s own policies and practices, which are independent of these User Terms. It is the Client’s responsibility to inform you and other Authorized Users of these Client policies and practices that may govern your access to the Mochi Services and your use of the Client Data.

4.4. It is the Client’s responsibility to ensure that any processing or transfer of Client Data made by the Authorized Users using the Mochi Services is lawfully made, including the procurement of the necessary rights, permissions, and consents from the Authorized Users and the third parties whose data are being processed.

4.5. The Contract provides the Client with choices and control over your use and access to the Client Data. Should you and other Authorized Users have any dispute with the Client relating to or based on the Client Data, or the Client’s obligations to you, it is the Client’s responsibility to respond to you and resolve these disputes.

4.6. Mochi makes no representations or warranties of any kind, whether express or implied, to you relating to the Mochi Services, which are provided to you on an “as is” and “as available” basis.

5.1. Whenever there is a suspected violation of the Contract, the User Terms, the Acceptable Use Policy, or any other Mochi policies governing your use of the Mochi Services, Mochi shall first ask the Client to remedy the violation.

5.2. Where the violation is not remedied, or where the situation calls for immediate action due to Mochi’s good faith belief that delaying action would cause harm to Mochi, the Mochi Services, the Client, the Authorized Users, or any third parties, we will take direct and appropriate action to remedy the situation, including suspension or termination of access to your account.

5.3. IN NO EVENT WILL MOCHI HAVE ANY LIABILITY TO THE USER OR THE CLIENT FOR ANY LOST PROFITS OR REVENUES OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COMPENSATORY, OR PUNITIVE DAMAGES HOWEVER CAUSED, WHETHER IN CONTRACT, TORT, OR UNDER ANY OTHER THEORY OF LIABILITY, AND WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMER WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW AND DOES NOT LIMIT EITHER PARTY’S RIGHT TO SEEK AND OBTAIN EQUITABLE RELIEF.

These User Terms shall remain effective for as long as you are the Client’s designated Authorized User and for as long as the agreement between Client and Mochi allowing you to access the Mochi Services is still in effect.

Please review our Mochi Privacy Notice for more information on how we handle Personal Information.

As we develop the Mochi Services, we may change these User Terms. If we make a material change to the User Terms, we will provide the Client with reasonable notice prior to the change taking effect, either by emailing the email address associated with the Authorized User and the Client’s account or by messaging the Authorized User/Client through the Mochi Platform. You can review the most current version of the User 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 you access or use the Mochi Services after the effective date, that use will constitute your acceptance of any revised terms and conditions.

No failure or delay by either party in exercising any right under these User Terms and the Acceptable Use Policy will constitute a waiver of that right. No waiver will be effective unless made in writing and signed by an authorized representative of the party waiving their right.

The User Terms, including any terms incorporated by reference into the User Terms, constitute the entire agreement between you and us and supersede all prior and contemporaneous agreements, proposals, or representations, written or oral, concerning its subject matter. To the extent of any conflict or inconsistency between the provisions in these User Terms and any pages referenced in these User Terms, the terms of these User Terms will first prevail; provided, however, that if there is a conflict or inconsistency between the Contract and the User Terms, the terms of the Contract will first prevail, followed by the provisions in these User Terms, and then followed by the pages referenced in these User Terms (e.g., the Privacy Notice). The Client will be responsible for notifying Authorized Users of those conflicts or inconsistencies and until such time the terms set forth herein will be binding.

These User Terms shall be governed by the laws of the Philippines without reference to conflict of laws principles. You shall not assign these User Terms, directly or indirectly, by operation of law or otherwise, without the prior written consent of Mochi. We may assign these User Terms in their entirety (including all terms and conditions incorporated herein by reference), without your consent, to a corporate affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets. If any provision of these User Terms is held by a court of competent jurisdiction to be contrary to law, the remaining provisions of these User Terms shall remain in full force and effect.

If you have any questions, comments, or complaints about our privacy practices, please email us at:
data@mochi.ph or write to us at:

Mochi Data Protection Team
8th floor Social Desk Tower, H.V. Dela Costa Bel-Air, City of Makati, Fourth District, National Capital Region(NCR), Philippines 1227