Terms of Service

1. Agreement to Terms

By accessing or using the Mochi platform at getmochi.fun (the "Platform"), including our website, applications, and services, you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not access or use the Platform.

You must be at least 18 years old to use the Platform. By using the Platform, you represent and warrant that you are at least 18 years of age and have the legal capacity to enter into these Terms.

1.1 Contracting Entity

These Terms constitute a binding agreement between you and getMochi, LLC, a limited liability company being incorporated under the laws of the United States. References to "Mochi," "we," "us," or "our" refer to getMochi, LLC.

2. Description of Services

Mochi is a platform that connects real-world trading card products with digital ownership through blockchain technology. Our services include:

• Pack Store: Purchase digital pack drops containing virtual cards
• Virtual Card System: Manage your collection of virtual cards in a custodial account
• NFT Minting: Convert virtual cards to on-chain NFTs (Solana blockchain)
• Marketplace: Buy, sell, and trade virtual cards and NFTs
• Credit System: Manage a credit balance for platform purchases
• MOCHI Token: Utility token for platform participation and rewards
• Games & Events: Competitive formats and community events

2.1 Access Models

Mochi offers two access models:

Web3 Mode: Connect a Solana wallet, purchase with cryptocurrency, receive NFTs directly.

Web2.5 Mode: Sign up with email/social login, use credits for purchases, manage virtual cards, optionally withdraw as NFTs.

3. Account Terms

3.1 Account Creation

To use certain features, you must create an account. You may register via email address, Google account, social login (Twitter, Discord, etc.), or embedded wallet (via Privy). You agree to provide accurate information and keep your account credentials secure.

3.2 Account Security

You are responsible for:

• Maintaining the confidentiality of your login credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized access

For Web3 users: You are solely responsible for your wallet's private keys. Lost private keys cannot be recovered by Mochi. We have no ability to restore access to your wallet or assets stored in it.

3.3 Account Suspension and Termination

We reserve the right to suspend or terminate your account for violation of these Terms, fraudulent or illegal activity, suspected bot or automated abuse, multi-account farming (Sybil attacks), failure to comply with verification requests, or other reasons necessary to protect the Platform or users.

Asset Withdrawal Upon Termination: If your account is terminated for reasons other than fraud, illegal activity, or serious Terms violations, you will have thirty (30) days from the date of termination notice to withdraw your Credits (as USDC) and Virtual Cards (as NFTs) to a linked wallet. On-chain assets in your personal wallet remain yours and are not affected.

4. Third-Party On-Ramp Services

4.1 Wallet Funding

You may use third-party on-ramp providers to purchase cryptocurrency and fund your own wallet. These services are provided by independent third parties (such as MoonPay) and are subject to their own terms of service, privacy policies, and compliance requirements.

4.2 Your Relationship with On-Ramp Providers

When you use a third-party on-ramp service:

• You contract directly with that provider, not with getMochi, LLC
• getMochi, LLC does not process your payment card information
• Cryptocurrency purchased is delivered to a wallet address you control
• You are responsible for complying with the provider's terms and any applicable laws

4.3 No Endorsement

getMochi, LLC does not endorse, guarantee, or assume responsibility for:

• The availability or functionality of third-party on-ramp services
• The exchange rates or fees charged by such providers
• Any disputes between you and the provider
• Any losses arising from your use of such services

5. Credit System

5.1 How Credits Work

Credits are a platform currency denominated in USD cents. Credits can be used to purchase packs, virtual cards, and other platform services.

5.2 Adding Credits

You can add credits via:

• USDC Deposits: Send USDC to your unique deposit address
• Cryptocurrency: Pay directly from your linked wallet

5.3 Credit Terms

• Credits are non-refundable once added to your account
• Credits have no cash value outside the Platform
• Credits cannot be transferred between accounts
• Minimum and maximum deposit limits may apply
• We reserve the right to modify credit pricing and limits

6. Virtual Cards and NFTs

6.1 Virtual Cards

Virtual cards are database records representing ownership of digital assets:

• Virtual cards are stored in your custodial account
• Virtual cards can be traded on the internal marketplace
• Virtual cards can be withdrawn as on-chain NFTs
• Virtual cards have no guaranteed value

6.2 NFT Ownership

When you receive or mint an NFT:

• You own the NFT as recorded on the Solana blockchain
• You receive a limited license to display the associated artwork for personal, non-commercial use
• You do NOT receive copyright, trademark, or intellectual property rights to the artwork
• Commercial use of artwork is prohibited without explicit permission

6.3 Withdrawal (Virtual → NFT)

To convert virtual cards to NFTs, you must link a Solana wallet to your account and request withdrawal. The platform will mint NFTs to your wallet. Virtual cards are removed from your inventory. Withdrawal fees may apply.

6.4 Physical Redemption

You may redeem eligible NFTs or virtual cards for physical delivery. Redemption burns the digital asset. You pay handling, shipping, and insurance fees. Physical cards are shipped from our vault. Shipping times and availability vary by region.

7. Marketplace

7.1 Listing and Sales

You may list virtual cards or NFTs for sale on the marketplace. You set the listing price. Sales are final once completed. Platform fees and royalties are deducted from proceeds.

7.2 Fees and Royalties

• Platform Fee: May be introduced in the future
• Royalty Fee: 2% on Mochi-issued NFT/CARD sales
• Fees are subject to change with notice

7.3 Disputes

Mochi is not responsible for disputes between buyers and sellers. We do not guarantee the authenticity of user-listed items, the accuracy of user descriptions, the completion of any transaction, or the value of any asset.

8. MOCHI Token

8.1 Utility Token

MOCHI is a utility token on the Solana blockchain intended for purchasing packs and platform products, event and game participation, vault services and redemption fees, and marketplace features and tools.

8.2 Token Rewards

You may earn MOCHI rewards for certain platform activities, such as pack purchases, event participation, and promotional campaigns.

8.3 No Investment Advice

9. Prohibited Activities

You agree NOT to:

Fraud and Abuse

• Engage in fraudulent or deceptive conduct
• Create multiple accounts (Sybil attacks)
• Use bots, scripts, or automated tools
• Exploit bugs or vulnerabilities
• Manipulate market prices (wash trading, pump and dump)

Illegal Activities

• Money laundering or terrorist financing
• Circumvent sanctions or export controls
• Violate any applicable laws or regulations
• Use the Platform for illegal purposes

Platform Abuse

• Attempt to gain unauthorized access
• Interfere with Platform operations
• Reverse engineer or decompile our software
• Scrape or harvest data from the Platform

10. Intellectual Property

All content on the Platform, including logos, trademarks, text, images, and software, is owned by Mochi or its licensors. You may not use, copy, or distribute this content without permission.

Mochi is not affiliated with any trading card game publisher (e.g., The Pokémon Company, Nintendo, Wizards of the Coast). All third-party trademarks are the property of their respective owners.

11. Risk Disclaimers

11.1 Blockchain Risks

By using blockchain features, you acknowledge:

• Blockchain transactions are irreversible
• We cannot reverse or cancel on-chain transactions
• Gas fees are paid by you and vary based on network conditions
• Smart contracts may contain bugs or vulnerabilities
• Network forks or technical issues may affect your assets

11.2 Cryptocurrency Volatility

Cryptocurrency and token values are highly volatile. Values may decrease significantly or become worthless. Past performance does not indicate future results. You may lose all value of your holdings.

12. Disclaimer of Warranties

13. Limitation of Liability

14. Indemnification

You agree to indemnify, defend, and hold harmless Mochi, its affiliates, officers, directors, employees, and agents from any claims, damages, losses, liabilities, costs, and expenses (including legal fees) arising from your use of the Platform, your violation of these Terms, your violation of any rights of another party, or your violation of any applicable laws.

15. Dispute Resolution

15.1 Governing Law

These Terms are governed by the laws of the Republic of Singapore, without regard to conflict of law principles.

15.2 Binding Arbitration

15.3 Class Action Waiver

15.4 Opt-Out

You may opt out of the arbitration agreement within 30 days of first accepting these Terms by sending written notice to admin@getmochi.fun with your name, account email, and statement that you wish to opt out.

16. Changes to Terms

We may modify these Terms at any time. We will notify you of material changes by posting updated Terms on the Platform, updating the "Last Updated" date, and sending email notification for significant changes. Your continued use of the Platform after changes constitutes acceptance.

17. Cessation of Operations

If getMochi, LLC ceases operations or discontinues the Platform:

• We will publish instructions for requesting return of vaulted physical assets
• Users will have a minimum of sixty (60) days from the cessation notice to request asset returns
• Users are responsible for shipping costs, taxes, and duties for returned physical assets
• Virtual Cards must be withdrawn as NFTs before the deadline
• Credits must be withdrawn as USDC before the deadline
• We will make reasonable efforts to facilitate orderly wind-down but cannot guarantee recovery of all assets

18. Contact Us

If you have questions about these Terms, please contact us: