Terms of Use

This is a legal agreement between you and MOCHI Technologies Sdn Bhd ("MOCHI") regarding your use of the "MOCHI" software (the "Software") By accessing and using the Site, you agree to these Terms of Use. MOCHI reserves the right to modify these Terms of Use at any time without giving you prior notice. Your use of the Site following any such modification constitutes your agreement to follow and be bound by these Terms of Use as modified. The last date these Terms of Use were revised is set forth below.

• Permitted Use of The Site

  You may use the Site, and the information, writings, images and/or other works that you see, hear or otherwise experience on the Site (singly or collectively, the "Content") solely for your non-commercial, personal purposes and/or to learn about MOCHI products and services, and solely in compliance with these Terms of Use.

• Prohibited Use of The Site

  By accessing the Site, you agree that you will not:
  • Use the Site in violation of these Terms of Use;
  • Copy, modify, create a derivative work from, reverse engineer or reverse assemble the Site, or otherwise attempt to discover any source code, or allow any third party to do so;
  • Sell, assign, sublicense, distribute, commercially exploit, grant a security interest in or otherwise transfer any right in, or make available to a third party, the Content or Service in any way;
  • Use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Site in a manner that sends more request messages to the MOCHI servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser;
  • Use the Site in any manner that damages, disables, overburdens, or impairs any MOCHI website or interferes with any other party's use and enjoyment of the Site;
  • Mirror or frame the Site or any part of it on any other web site or web page.
  • Attempt to gain unauthorized access to the Site;
  • Access the Site by any means other than through the interface that is provided by MOCHI for use in accessing the Site;
  • Use the Site for any purpose or in any manner that is unlawful or prohibited by this Agreement.

• Copyrights and Trademarks

  The Site is based upon proprietary MOCHI technology and includes the Content. The Site is protected by applicable intellectual property and other laws, including trademark and copyright laws. The Site, including all intellectual property rights in the Site, belongs to and is the property of MOCHI or its licensors (if any). MOCHI owns and retains all copyrights in the Content. Except as specifically permitted on the Site as to certain Content, the Content may not be copied, reproduced, modified, published, uploaded, posted, transmitted, performed, or distributed in any way, and you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, or create derivative works based on the Content or the Site, in whole or in part, by any means. The MOCHI logos, and other marks used by MOCHI from time to time are trademarks and the property of MOCHI. The appearance, layout, color scheme, and design of the supermochi.io site are protected trade dress. Customer does not receive any right or license to use the foregoing. MOCHI may use and incorporate into the Site or the MOCHI Service any suggestions or other feedback you provide, without payment or condition. Any notifications of claimed copyright infringement on the site, notifications of claimed copyright infringement on the Site or the Service should be sent to MOCHI’s designated Copyright Agent. See the Claims of Copyright Infringement instructions below.

• Information and Materials You Post or Provide

  You represent that you have all right, title, and interest to materials you post on the Site or provide to MOCHI ("Materials"), including but not limited to any consent, authorization, release, clearance or license from any third party (such as, but not limited to, any release related to rights of privacy or publicity) necessary for you to provide, post, upload, input or submit the Materials, and that posting such Materials does not violate or constitute the infringement of any patent, copyright, trademark, trade secret, right of privacy, right of publicity, moral rights, or other intellectual property right recognized by any applicable jurisdiction of any person or entity, or otherwise constitute the breach of any agreement with any other person or entity. You further represent and warrant that you are who you say you are, that you have not submitted fictitious, false or inaccurate information about yourself, and that all information contained in the posted Materials is true and your own work or work you are authorized to submit, and that the posted Materials do not contain any threatening, harassing, libelous, false, defamatory, offensive, obscene, or pornographic, material, or other material that would violate any other applicable law or regulation. You agree that you will not knowingly and with intent to defraud provide material and misleading information. You represent and warrant that the Materials you supply do not violate these Terms of Use.

• Links to Third-Party Web Sites

  Links on the Site to third party web sites or information are provided solely as a convenience to you. If you use these links, you will leave the Site. Such links do not constitute or imply an endorsement, sponsorship, or recommendation by MOCHI of the third party, the third-party web site, or the information there. MOCHI is not responsible for the availability of any such web sites. MOCHI is not responsible or liable for any such web sites or the content thereon. If you use the links to the web sites of MOCHI affiliates or service providers, you will leave the Site and will be subject to the terms of use and privacy policy applicable to those web sites.

• Downloading Files

  MOCHI cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection by software viruses or other harmful computer code, files or programs.

• Indemnification

  You understand and agree that you are personally responsible for your behavior on the Site. You agree to indemnify, defend and hold harmless MOCHI, its parent companies, subsidiaries, affiliated companies, joint venturers, business partners, licensors, employees, agents, and any third-party information providers from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys' fees, resulting from or arising out of your use, misuse, or inability to use the Site or the Content, or any violation by you of these Terms of Use.

• Privacy

  Your use of the Site is subject to MOCHI’s Privacy Policy, available at https://www.mochi.global/privacy_policy.

• General Provisions

  • Entire Agreement/No Waiver. These Terms of Use constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by MOCHI of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
  • Correction of Errors and Inaccuracies. The Content may contain typographical errors or other errors or inaccuracies and may not be complete or current. MOCHI therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. MOCHI does not, however, guarantee that any errors, inaccuracies or omissions will be corrected.
  • Enforcement/ Choice of Law/ Choice of Forum. If any part of these Terms of Use is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of these Terms of Use, all of which will remain in full force and effect. Any and all disputes relating to these Terms of Use, MOCHI’s Privacy Policy, your use of the Site, any other MOCHI web site or the Content are governed by, and will be interpreted in accordance with, the laws of the Commonwealth of Massachusetts, without regard to any conflict of laws provisions. You agree to the sole and exclusive jurisdiction and venue of the federal or state courts in Boston, Massachusetts in the event of any dispute of any kind arising from or relating to these Terms of Use, MOCHI’s Privacy Policy, your use of the Site, any other MOCHI web site or the Content

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