Terms of Service

1. Eligibility

You must be at least 18 years old and capable of forming a binding contract under applicable law to use the Services. By using the Services, you represent and warrant that you meet these requirements and that the information you provide is accurate and current.

2. The waitlist

Mochatrade is currently in a pre-launch phase. Joining the waitlist does not guarantee access to any product or feature. We may invite users from the waitlist in any order and on any schedule we determine, and we may modify or discontinue the waitlist or the Services at any time without liability.

3. SMS and email messaging

By providing your phone number and tapping "Send code" (or a similar button), you consent to receive a one-time verification SMS from Mochatrade and related transactional messages. Message frequency depends on your activity. Message and data rates may apply.

• Reply STOP to opt out of SMS at any time.
• Reply HELP for help, or contact us at chet@mochatrade.com.
• We do not use phone numbers for marketing or promotional outreach, and we do not share mobile information with third parties for their marketing purposes.

By providing your email address, you consent to receive transactional and product email from Mochatrade. You can unsubscribe from non-essential email at any time using the link in any such message.

4. Accounts and security

You are responsible for the activity that occurs through your phone number, email, and any future Mochatrade account. Notify us immediately at chet@mochatrade.com if you suspect unauthorized use.

5. Acceptable use

You agree not to:

• Use the Services for any unlawful, harmful, or fraudulent purpose;
• Submit a phone number, email address, or other information that is not yours or that you are not authorized to provide;
• Attempt to probe, scan, or test the vulnerability of the Services, or to bypass any security or authentication measure;
• Interfere with or disrupt the integrity or performance of the Services;
• Use automated means (bots, scrapers, scripts) to access the Services without our prior written consent;
• Reverse engineer, decompile, or otherwise attempt to derive source code from the Services.

6. Intellectual property

The Services, including the Mochatrade name, logo, designs, copy, and software, are owned by Mochatrade or its licensors and are protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for their intended purpose. No other rights are granted.

7. Feedback

If you submit suggestions or feedback about the Services, you grant Mochatrade a perpetual, royalty-free, worldwide license to use that feedback for any purpose without obligation to you.

8. Disclaimers

The Services are provided "as is" and "as available," without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, or uninterrupted operation. We do not warrant that the Services will be error-free, secure, or available at any particular time or location.

9. Limitation of liability

To the maximum extent permitted by law, Mochatrade and its officers, directors, employees, and agents will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenues, data, or goodwill, arising out of or related to your use of the Services. Our total aggregate liability for any claim arising out of or related to these Terms or the Services will not exceed one hundred U.S. dollars (US$100).

10. Indemnification

You agree to indemnify and hold harmless Mochatrade and its officers, directors, employees, and agents from any claim, demand, or damages, including reasonable attorneys' fees, arising from your use of the Services or your violation of these Terms.

11. Termination

We may suspend or terminate your access to the Services at any time, with or without notice, for any reason, including violation of these Terms. Upon termination, the provisions of these Terms that by their nature should survive will continue to apply.

12. Governing law and exclusive forum

These Terms, and any dispute arising out of or related to these Terms or the Services, are governed by the laws of the State of Delaware, without regard to its conflict-of-laws principles, and, where applicable, the U.S. Federal Arbitration Act. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Subject to Section 13 (Binding Arbitration) for U.S. users, you and Mochatrade agree that any dispute, claim, or proceeding arising out of or related to these Terms or the Services will be brought exclusively in the state or federal courts located in New Castle County, Delaware. You irrevocably consent to the personal jurisdiction of those courts and waive any objection to venue, including any defense of forum non conveniens or lack of personal jurisdiction. You agree not to bring any such dispute, claim, or proceeding in any other court or tribunal anywhere in the world.

13. Binding arbitration (U.S. users)

Please read this Section carefully. It requires you to resolve disputes with Mochatrade through binding individual arbitration and limits the way you can seek relief from us.

Applicability. This Section 13 applies to any dispute, claim, or controversy between you and Mochatrade arising out of or related to these Terms or the Services, if you are a resident of the United States or accessed the Services from the United States ("Dispute"). It does not apply to: (a) claims to enforce or protect intellectual property rights; (b) claims that may be brought in small claims court, so long as the matter remains in that court and proceeds on an individual basis; or (c) claims for injunctive or equitable relief in connection with the foregoing.

Informal resolution. Before filing arbitration, you agree to first send a written notice of the Dispute to chet@mochatrade.com describing the nature and basis of the claim and the relief sought. The parties will attempt in good faith to resolve the Dispute for at least 30 days from the date of the notice before initiating arbitration.

Arbitration procedure. Arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, available at www.adr.org, before a single arbitrator. The arbitration may be conducted by telephone, by written submissions, or in person; if in person, the hearing will take place in the U.S. county where you reside, or another mutually agreed location. The arbitrator's decision will be final and binding. Judgment on the award may be entered in any court of competent jurisdiction.

Class action waiver. You and Mochatrade agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding.

Jury trial waiver. You and Mochatrade waive any right to a trial by jury in any action arising out of or related to these Terms or the Services.

30-day right to opt out. You may opt out of this arbitration agreement by sending written notice to chet@mochatrade.com within 30 days of first accepting these Terms. Your notice must include your name, your phone number or email address associated with the Services, and a clear statement that you wish to opt out of arbitration. If you opt out, Section 12 (Governing law and exclusive forum) will apply to your Disputes; all other provisions of these Terms will continue to apply.

Severability. If any portion of this Section 13 is found to be unenforceable, the unenforceable portion will be severed and the remainder will continue in full force and effect, except that if the class action waiver is found unenforceable, then this entire Section 13 will be void as to the affected claim, which will instead be resolved under Section 12.

Survival. This Section 13 survives termination of these Terms.

14. Class action and jury trial waiver (all users)

To the maximum extent permitted by law, regardless of where you reside, you agree that any claim against Mochatrade may be brought only on an individual basis and not as part of a class, collective, consolidated, or representative action. To the maximum extent permitted by law, you and Mochatrade also waive any right to a trial by jury.

15. Severability

If any provision of these Terms is held to be invalid or unenforceable in any jurisdiction, that provision will be enforced to the maximum extent permitted in that jurisdiction, and the remaining provisions will remain in full force and effect. A finding of invalidity or unenforceability in one jurisdiction will not affect the validity or enforceability of the same provision in any other jurisdiction.

16. Changes to these Terms

We may modify these Terms from time to time. If we make material changes, we will update the "Last updated" date above and, where required, provide additional notice. Your continued use of the Services after changes take effect constitutes acceptance of the revised Terms.

17. Contact

MeadowCX Inc.
2261 Market Street, STE 46233
San Francisco, CA 94114
chet@mochatrade.com