Terms of Service

Please read these Terms of Service (the "Terms") and our Privacy Policy carefully because they govern your access to and use of the website, user interface, and other offerings located at app.mo.xyz(collectively, the "Site") and the corresponding mobile application (the "App") offered by Mo Technologies Inc.("Mo," "we," "our," or "us"). These Terms apply to individuals and to companies or other entities ("Business Users") acting through authorized personnel. By using the Site or App, you agree to these Terms.

Coinbase Guest Checkout.If you add funds via Apple Pay or debit card, you may use a third-party fiat-to-crypto on-ramp guest checkout service provided by Coinbase. By using that flow, you agree to the Coinbase Guest Checkout Terms of Service and Privacy Policy.

IMPORTANT NOTICE REGARDING ARBITRATION: THESE TERMS CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN SECTION 16, YOU AND MO AGREE THAT DISPUTES WILL BE RESOLVED BY INDIVIDUAL ARBITRATION, NOT IN COURT.

IMPORTANT INFORMATION: BLOCKCHAIN NETWORKS (INCLUDING BASE) AND DIGITAL ASSETS INVOLVE RISK. TRANSACTIONS MAY BE IRREVERSIBLE. THIRD-PARTY PROTOCOLS MAY FAIL OR BE EXPLOITED. YOU SHOULD USE THE SERVICES ONLY IF YOU UNDERSTAND AND ACCEPT THESE RISKS.

Agreement to Terms; Privacy Policy

By accessing or using the Services (defined below), or by clicking a button or checking a box to accept, you agree to these Terms and acknowledge that you have read our Privacy Policy. If you do not agree, do not use the Services.

1. Definitions

1. "Services"means the Site, the App, and any related interfaces, features, content, and services provided by Mo.
2. "Business User"means a company, organization, or other entity using the Services, including through its employees, contractors, or other authorized personnel.
3. "Authorized Users"means individuals authorized by a Business User to use the Services on its behalf.
4. "Compliance Providers"means third-party service providers that offer compliance, identity/business verification (KYC/KYB), payments, banking, virtual accounts, fiat on-ramp/off-ramp, fraud, sanctions screening, or similar services.
5. "Third-Party Services"means third-party services, protocols, applications, dApps, and websites that may be integrated with or linked from the Services.
6. "Mo IP"means the Services and all related software, technology, designs, and content owned or licensed by Mo.

2. Changes to Terms or Services

We may update these Terms from time to time. If we make material changes, we will provide notice by updating the "Last updated" date and/or providing additional notice within the Services. Your continued use of the Services after changes become effective means you accept the updated Terms.

3. Who May Use the Services

3.1 Eligibility

• Age Requirement. You must be at least 18 years old (or the age of majority in your jurisdiction, whichever is higher) to use the Services. The Services are not intended for, and may not be used by, anyone under 18 years of age.
• Business Users. If you are using the Services on behalf of a Business User, you represent that you have authority to bind that Business User to these Terms.

3.2 Restricted Persons; Sanctions

By using the Services, you represent that you are not a "Restricted Person." You may not use the Services if:

• You are located in, ordinarily resident in, or organized under the laws of any jurisdiction subject to comprehensive sanctions or embargoes, including but not limited to: Cuba, Iran, North Korea, Syria, the Crimea, Donetsk, and Luhansk regions of Ukraine, or any other jurisdiction designated by the U.S. Office of Foreign Assets Control (OFAC);
• You are listed on, owned or controlled by, or acting on behalf of a person listed on any sanctions list maintained by the U.S. government (including OFAC's Specially Designated Nationals List, the U.S. Department of Commerce's Denied Persons List, or the U.S. Department of State's Debarred Parties List), the United Nations Security Council, the European Union, His Majesty's Treasury of the United Kingdom, or other applicable authority;
• Your use would violate any applicable law, regulation, or rule (including AML and sanctions laws);
• We have restricted access in your jurisdiction based on partner requirements or our risk assessment.

3.3 Legal Compliance

It is your responsibility to ensure that your use of the Services is permitted in your jurisdiction. We may restrict or discontinue access to the Services in any jurisdiction at any time.

3.4 KYB for Business Users

Business Users and entities may be required to complete business verification (KYB), including submission of entity, ownership, and control information, as required by applicable law or our Compliance Providers.

4. Services

1. General.The Services provide tools that help you view, manage, and transact with digital assets using self-custodied wallets and blockchain networks. Mo does not guarantee that any feature will be available at all times.
2. Feature Gating.Some features may require additional information, verification, or acceptance of additional terms. We may impose limits, delays, or holds to comply with legal obligations, manage risk, or follow partner requirements.
3. No Financial Advice.The Services are for informational and transactional purposes only. Mo does not provide investment, legal, tax, or accounting advice.

5. Feedback

If you provide feedback, suggestions, or ideas, you grant Mo a worldwide, perpetual, irrevocable, royalty-free, sublicensable license to use, copy, modify, and exploit that feedback without compensation to you.

6. Fees

We may charge fees for certain features. Fees (if any) will be disclosed to you before you complete a transaction. Third-party providers may also charge fees (including network, protocol, or service fees), and those fees are not controlled by Mo.

Mo may receive fees or a share of yield generated by third-party protocols or services. Mo does not custody your assetsand does not control protocol-level returns. Yield rates may change and are not guaranteed.

7. General Prohibitions; Enforcement

You agree not to misuse the Services, including by:

1. Creating unauthorized accounts or using false identities.
2. Engaging in hacking, DDoS, malware distribution, or unauthorized access.
3. Circumventing technological protections or security measures.
4. Using bots, scrapers, or automated tools that harm or burden the Services.
5. Reverse engineering or attempting to derive source code (except where prohibited by law).
6. Impersonating others or misrepresenting affiliation.
7. Violating sanctions, AML laws, or engaging in fraud, money laundering, or prohibited financial activity.
8. Market manipulation, wash trading, or other deceptive practices.

We may investigate violations and take action, including suspending or terminating access, blocking transactions, or cooperating with law enforcement or regulators as required.

8. App License

1. License.Subject to these Terms, Mo grants you a limited, revocable, non-exclusive, non-transferable license to install and use the App for your internal business purposes or personal use (as applicable). You may not sublicense, sell, or make the Services available to others except as permitted for Business Users under an order form or written agreement with Mo.
2. App Store Terms.If you download the App from Apple's App Store, Apple is not responsible for the Services, and Apple is a third-party beneficiary of these Terms to the extent required by Apple's policies.

9. Third-Party Services; Compliance Providers

The Services may integrate with or link to Third-Party Services. Mo does not control, endorse, or guarantee Third-Party Services, their content, availability, or solvency. Your use of Third-Party Services is at your own risk and may be subject to additional terms and privacy policies.

Third-Party Compliance and Payments Providers.

Certain features of the Services, including identity or business verification (KYC/KYB), virtual accounts, fiat on-ramp and off-ramp services, and bank or payment processing, are provided by Compliance Providers.

To access these features, you authorize Mo to collect and share required information about you (including personal or business information) with such Compliance Providers for purposes of customer creation, identity/business verification, transaction processing, fraud prevention, sanctions screening, and regulatory compliance. You may be required to review and accept the Compliance Provider's terms and privacy policy as part of a provider-hosted onboarding flow.

10. Termination

We may suspend or terminate your access to the Services at any time if we reasonably believe you violated these Terms, if required by law or partner requirements, or to protect the security and integrity of the Services. You may stop using the Services at any time. Sections that by their nature should survive termination will survive (including fees, disclaimers, limitation of liability, dispute resolution, and general terms).

11. Risks; Disclaimers; Release

Digital assets and blockchain technologies involve substantial risk, including volatility, loss of private key access, protocol failure, smart contract bugs, regulatory changes, and irreversible transactions. Mo does not control third-party networks or protocols, and cannot guarantee transaction finality, uptime, or outcomes.

To the fullest extent permitted by law, you release Mo and its officers, directors, employees, contractors, and affiliates (the "Mo Parties") from claims arising out of your use of the Services or Third-Party Services, except to the extent caused by Mo's gross negligence or willful misconduct.

12. Warranty Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY LAW, MO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THESE DISCLAIMERS MAY NOT APPLY TO YOU.

13. Indemnity

You agree to indemnify and hold harmless the Mo Parties from and against claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of your use of the Services, your violation of these Terms, or your use of Third-Party Services.

14. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, MO WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, DATA, OR GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY.

TO THE FULLEST EXTENT PERMITTED BY LAW, MO'S TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICES WILL NOT EXCEED THE GREATER OF (A) $100 OR (B) THE AMOUNTS PAID BY YOU TO MO (IF ANY) FOR THE SERVICES IN THE SIX (6) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.

NOTHING IN THESE TERMS LIMITS LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW (FOR EXAMPLE, LIABILITY FOR WILLFUL MISCONDUCT OR FRAUD).

15. Governing Law

These Terms are governed by the laws of the State of Delaware, without regard to conflict of laws principles, except where federal law applies.

16. Dispute Resolution

16.1 Informal Resolution First

We prefer to resolve issues without legal action. Before starting arbitration, you agree to contact us at legal@mo.xyzand provide a brief description of the dispute and your requested resolution. We will try to resolve the dispute informally within 30 days.

16.2 Binding Individual Arbitration

If we cannot resolve the dispute informally, you and Mo agree to resolve any dispute arising out of or relating to these Terms or the Services through binding individual arbitration, rather than in court, except as provided below.

The arbitration will be administered by the American Arbitration Association (AAA)under its Consumer Arbitration Rules (for individuals) or Commercial Arbitration Rules (for Business Users), as applicable. The arbitration will be conducted in English by a single arbitrator.

16.3 Exceptions

• You may bring claims in small claims court if they qualify and remain in small claims court.
• Either party may seek injunctive or equitable relief in court for alleged infringement or misuse of intellectual property or for unauthorized access to the Services.

16.4 Class Action Waiver

You and Mo agree that each may bring claims against the other only in an individual capacity and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding.

16.5 Location and Fees

The arbitration will take place in Delaware unless the parties agree otherwise or the AAA rules require a different location. Fee allocation will follow the applicable AAA rules. If you are an individual consumer, Mo will not seek to impose arbitration costs on you beyond what the AAA rules permit.

16.6 30-Day Opt-Out Right

You have the right to opt out of binding arbitration and the class action waiver within 30 days of first accepting these Terms. To opt out, you must send written notice to legal@mo.xyz with the subject line "Arbitration Opt-Out" and include your name, email address associated with your account, and a clear statement that you wish to opt out of the arbitration agreement. If you opt out, you and Mo may pursue claims against each other in court, and the class action waiver will not apply to you.

16.7 Severability

If any part of this Section 16 is found unenforceable, the remainder will remain in effect, except that if the class action waiver is found unenforceable, the arbitration agreement will be null and void.

17. General Terms

1. Reservation of Rights.Mo and its licensors own all right, title, and interest in Mo IP.
2. Entire Agreement.These Terms and the Privacy Policy are the entire agreement between you and Mo regarding the Services.
3. Assignment.You may not assign these Terms without Mo's consent. Mo may assign these Terms in connection with a merger, acquisition, reorganization, or sale of assets.
4. Notices.We may provide notices by posting within the Services or by email. You may contact us at legal@mo.xyz.
5. Severability.If any provision is unlawful or unenforceable, the remaining provisions remain in effect.
6. No Waiver.Failure to enforce a provision is not a waiver.

18. Contact Information

If you have questions about these Terms or the Services, contact us at: