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Developer Terms of Service

Moka's Developer Terms of Service

These Moka Developer Terms of Service (“Developer Terms”) constitute a legal agreement between you and Moka, to govern the terms and conditions for your use of Moka Developer Platform (including and not limited to application programming interfaces (APIs), software development kit files, sample code, tools, programs, utilities and related documentation) (“Developer Services”). By using the Developer Services and related material that is made available to you, you agree to be bound by these Developer Terms, any documentation and guidelines associated with Moka Developer Services, Moka’s General Terms of Service, Moka's Privacy Policy, and all terms, policies and guidelines applicable to your use. The person or organization entering into these Developer Terms as a user of the Developer Services, together with all individual users accessing the Services on that person's behalf (together, "you" or "Users"). Moka grants you a limited, non-exclusive, non-transferable, non-assignable, revocable license to use Moka Developer Services to develop, test and support any software application, website or product and to integrate Moka’s APIs with your Application, in accordance with these Developer Terms. You are required to read our Developer Terms from time to time. By accessing or using the Developer Services, it shall be considered as your approval and acceptance to our Developer Terms, thus, you agree to be bound under each provision stated in our Developer Terms. If you do not agree with any term or provision in these Developer Terms, please cease to use our Developer Services. You are responsible for clearly and accurately describing the fees you collect from Moka Merchants and obtaining all required consents in connection with those fees, and you will notify the Merchants prior to making any changes to those fees. You acknowledge and agree that Moka does not act on your behalf or on the Moka Merchants’ behalf as money transmitter or a money services business (as those terms are commonly construed under applicable law) or in any other similar capacity except as expressly provided in these Developer Terms. You acknowledge and agree that you will be solely responsible for collecting and remitting to any taxing authority any sales, value-added or similar taxes for Your Service, as well as resolving any disputes that may arise between you and any Moka Merchants who uses Your services.

Submission of Content

Moka Developer Platform allow for the submission of Content, and except as expressly provided in these terms, Moka does not acquire any ownership of any intellectual property rights that you or the Moka Merchants hold in the Content that you submit using the Developer Tools. By submitting, posting or displaying content to or from the Developer Tools through Your Service, you give Moka a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute such Content. However, Moka will only use such Content for the purpose of enabling Moka to provide its services, the Developer Tools and only in accordance with the Privacy Policy and other applicable policies. You represent that, before you submit content via the Developer Tools and Your Service, you have the necessary rights (including any necessary rights from Moka Sellers) to grant us the license.

Data Privacy and Protection

You must maintain a user agreement and privacy policy for your Application in a location where users access your Application. Your privacy policy must meet legal standards and explicitly and accurately describe the collection, use, storage and sharing of data. You must notify us immediately if there are any breaches to your user agreement or privacy policy that may impact Moka’s users.

You must ensure that all data is securely stored and transmitted via strong encryption. All data needs to be deleted if a user deauthorizes your Application, closes his or her account with you or issues a request for deletion. This restriction does not extend to data that users provide directly to you or data that is separately entered or uploaded to you by users of your Application. If we terminate your use of Moka’s Developer Tools, you must also permanently delete all Data and any information that you stored pursuant to your use of Moka’s Developer Tools.

Moka’s Developer Tools are provided "As-Is"

Moka’s Developer Tools are provided on an “As Is” and “As Available” basis and use of the Developer Tools is at your own risk. We will endeavor to notify (during normal business hours) all technical issues arising in connecting with the Developer Tools. We do not warrant that use of the Developer Tools will be uninterrupted, timely, secure, error or virus free. In addition, we do not warrant that the Developer Tools will meet your particular needs or that the Developer Tools or the results obtained from the use of the Developer Tools will be accurate and reliable.

Limited Liability

To the maximum extent permitted by law, Moka is not liable for any direct, indirect, unexpected, special, sustainable, or typical losses, including but not limited to loss of profits, business, goodwill, use, data or other intangible loss (even if Moka is aware of the likelihood of such loss), resulting from: (a) the use or inability to use the Service (in whole or in part) or any technical malfunctions: (b) the cost of procuring replacement goods and services; (c) unauthorized access to, or alteration of, your communications or data; (d)statement or action of a third party in connection with the Service; (e) other matters relating to the Service; (f) breach of these Terms by you; (g) claims of copyright infringement, trademark, trade secret, or other third party intellectual property rights, rights of publication, privacy rights, or defamation; (h) a breach by you of any applicable law or agreement with any provision of a third party, in which case you are bound; and / or (i) other matters relating to the Service and your access and use of the Service.

Indemnity

You will indemnify and hold Moka and our processors (and respective employees, directors, agents, affiliates and representatives) harmless from and against any and all liability, actions, proceedings, fees, expenses arising out of any claims or other proceedings instituted by a person or entity related to use of Moka’s Developer Tools, Data or Brand or violation of Moka’s Terms of Service.

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