Terms of Service

Welcome to Moist, operated by Dodo Global Limited ("Company", "we", "us", or "our"). These Terms of Service ( "Terms") govern your access to and use of our services, including our website at www.moist.gg ("Site") and our mobile application "Moist" ("App") (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms.

Before engaging with our Services and the App, please read these Terms carefully and in full. By creating an Account and using our Services and the App, you agree to be bound by these Terms and other applicable agreements between you and us. If you disagree with these Terms in full or in part, you must discontinue your use of the Services and the App and close your Account in accordance with the procedure outlined in these Terms.

You further acknowledge and agree that we may reaffirm your acceptance of these Terms from time to time as a condition for your continued use of our Services and the App. Any actions initiated by you after the updated Terms come into effect will be subject to the amended provisions.

Company Information:

• Legal Name: Dodo Global Limited
• Company Number: 13928870
• Registered Office: Dodo Global Limited, 128 City Road, London, EC1V 2NX, United Kingdom

By accessing or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, please do not use our Services.

We may update these Terms from time to time. We will notify you of any significant changes by posting the new Terms on our Site and updating the "Effective Date." Your continued use of the Services after any changes constitutes your acceptance of the new Terms.

3.1 Eligibility Criteria

To use and engage with our Services, you must affirm that:

1. Age Requirement: You are at least 18 years old or have attained the age of majority in your jurisdiction, rendering you legally capable of entering binding agreements.
2. Residency and Business Registration Requirement: You represent a business registered in either the United Kingdom or India, as Moist is currently available exclusively to businesses in these regions.
3. KYC and KYB Compliance: You have completed the Know Your Customer ("KYC") and Know Your Business ("KYB") verification processes as required, ensuring your business compliance with regulatory standards through our verification partners.
4. No Restrictions: You have never been suspended or subjected to any form of restriction from using our Services.
5. Legal Compliance: Entering into a binding agreement with us does not conflict with or violate any other contractual obligations you are bound by.
6. Jurisdictional Compliance: You are not situated or residing in any restricted locations or jurisdictions, including those subject to economic restriction measures imposed by the United Kingdom, India, the European Union (EU), or any other international sanctions.
7. No Affiliation with Sanctioned Entities: You are not affiliated with companies, groups, or entities subject to international sanctions, nor do you represent such natural or legal persons.

3.2 Right to Assess Eligibility

We retain the right to assess your eligibility to access and use our Services at any time by evaluating your adherence to the eligibility criteria outlined above. If eligibility criteria are amended, modified, or expanded, we may reevaluate your eligibility accordingly. We may request proof of eligibility if deemed necessary. All determinations, including initial and ongoing assessments of your eligibility, are final.

3.3 User Representations and Warranties

By using our Services, you represent and warrant that you meet all eligibility requirements.

4.1 Registration

To access certain features of Moist, you must create an account through our authentication partner, Clerk. Registration is required for business users seeking to send digital rewards.

4.2 Account Information

You agree to provide accurate, current, and complete information during registration and to keep your account information updated.

4.3 Security

You are responsible for safeguarding your account credentials and must notify us immediately of any unauthorized account access or security breach.

4.4 KYC/AML Verification

Upon completion of KYC/AML verification, your information will undergo Anti-Money Laundering (AML) and Politically Exposed Persons (PEP) screening. This process, handled by our verification partners, helps us meet legal and regulatory requirements for business users sending cross-border digital rewards.

4.5 Limitation on Multiple Accounts

Each business entity is permitted to create only one Account. Duplicate Accounts associated with the same entity may be suspended.

4.6 Account Closure

To close your Account, contact us via email at hi@moist.gg. Upon closure, we will retain your data for up to five years for compliance purposes.

4.7 Account Suspension and Termination

We reserve the right to suspend, restrict, or terminate your Account and limit access under various circumstances, such as:

• Legal Requirements: Compliance with a regulatory request or court order.
• Security Issues: Suspected unauthorized or fraudulent access.
• Terms Violation: Breach of these Terms or non-compliance with applicable laws.
• Financial Crimes: Suspected money laundering, fraud, or similar activities.

In the event of suspension or termination, any ongoing Transactions will be canceled or reversed, and access to the Account may be deactivated immediately.

4.8 Data Retention

While you may close your Account, we will retain your data for compliance and legal reasons, up to five years.

5.1 KYC/AML Verification Process

KYC/AML Verification is conducted for all business customers and authorized representatives. This ensures compliance with relevant laws and improves the security of our platform.

As part of the process, we may collect and process certain personal and business-related information. This is done in accordance with our Privacy Policy. You are encouraged to review our Privacy Policy to understand how your information is handled.

5.2 Use of Verification Partners

We work with trusted verification partners for aspects of the KYC/AML process, including identity verification. This may involve the collection of business documents and personal identification, such as passports for authorized representatives.

5.3 Data Accuracy and Changes

You affirm that the information submitted is accurate and complete. You are obligated to notify us of any changes that impact the accuracy of the information.

5.4 Disclosure to Authorities

We reserve the right to share your information with relevant authorities when legally required, especially if we suspect fraudulent or illicit activities.

6.1 Prepaid Basis

All Orders on the Moist platform are executed on a prepaid basis, meaning you must ensure sufficient funds in your account to fulfill an Order. Funds necessary to execute an Order are set aside until the Order is fulfilled, canceled, or otherwise terminated. If an Order requires more funds than what is available in your Account, it will be declined automatically.

6.2 Order Placement Acknowledgment

By placing an Order, you acknowledge that Moist is not liable for any full or partial cancellations of the Order once processing has commenced. Ensure that, before placing an Order:

1. Accurate Amount: You have accurately specified the amount of digital rewards or vouchers desired.
2. Review Details: You have reviewed any associated rates and fees with your Order.
3. Recipient Accuracy: Verify the accuracy of recipient details to ensure successful reward delivery.

6.3 Order Fulfillment

Moist strives for timely fulfillment of all Orders. However, several factors could impact fulfillment, such as:

• Operational Status: Scheduled or unscheduled system maintenance, holidays, etc.
• Platform Availability: The availability of the specific digital rewards selected.
• Compliance Requirements: Completion of any necessary KYC or KYB processes.

If an Order cannot be fulfilled, you will be notified with relevant details. You agree that in cases where Order execution is delayed or unsuccessful due to factors beyond our control, Moist is not liable for delays or failures in Order fulfillment.

6.4 Compliance-Related Non-Fulfillment

Orders may be delayed or declined if additional compliance measures, such as KYC/KYB verification, are required. Should further information be needed, Moist may request details regarding your business, identity, and transaction nature to ensure compliance. Orders not meeting compliance requirements will not be processed, and we reserve the right to decline such Orders to uphold regulatory standards.

7.1 Access to Global Digital Rewards

Through Moist, Users can send digital rewards across borders. Our platform supports a variety of digital vouchers, subject to availability, that may vary depending on region and partnering reward providers.

7.2 Partnering Providers

Moist partners with third-party providers ("Providers") for specific digital rewards. While Moist facilitates access to these Providers, transactions with them are conducted independently, and we disclaim liability for aspects such as Provider compliance or service terms.

We advise Users to exercise due diligence, review the terms and conditions of Providers, and make informed choices regarding transactions involving third-party digital reward Providers.

7.3 Reward Value and Availability

The value and availability of digital rewards are determined by individual Providers and may fluctuate. We encourage Users to review reward values before confirming Orders, as Provider rates are subject to change and can vary.

By placing an Order, you acknowledge that reward values may differ based on current rates set by Providers. Moist does not control these rates and cannot guarantee consistency across Providers.

8.1 Prohibited Use

All Orders and Transactions on our App must adhere to the principles of genuineness, competitiveness, fairness, and transparency. This section outlines practices that are strictly forbidden on our App and are considered violations of these Terms, subject to sanctions and remedies. The following actions and omissions are strictly prohibited on the App and within all our Services and shall constitute a breach of these Terms:

1. Unlawful Activity: Engaging in any activity that violates the laws, regulations, or legal instruments of countries where we operate, including but not limited to the laws of the European Union, India, and regulations overseen by regulatory authorities.
2. Fraud: Any act or attempt to deceive or trick any User, customer, or us in connection with any Transaction or Order.
3. Market Manipulation: Placing Orders or Transactions with the intent to disrupt the normal operation of the App and create undue volatility in Cryptocurrency prices compared to their fair market value. This includes deliberate acts of Market Manipulation and involving other parties in placing Orders or Transactions for this purpose.
4. Fictitious Trades: Placing Orders and Transactions with execution dates set far in the future, intending to correct or update them regarding the correct exchange rate and settlement date, including wash trades.
5. Cybersecurity Violations: Engaging in actions detrimental to cybersecurity, such as using unauthorized automated interfaces, attempting to overload or interfere with our systems, unauthorized access to customer accounts, introducing malware or malicious code, and other activities.
6. Simultaneous Buy and Sell Orders: Placing two or more buy and sell Orders, either individually or in agreement with a third party, to have them executed against each other, causing market disruption and non-competitiveness.
7. Intellectual Property Infringement: Involvement in transactions related to our intellectual property, including copyrights, trademarks, and trade secrets, without prior consent or authorization from us, constituting an infringement or violation of intellectual property laws in the country of our operation.
8. Intimidation and Coordination: Engaging in activities such as price coordination, soliciting third parties to alter prices, or interacting with other market participants to disrupt, coerce, intimidate, manipulate, or interfere with their activities.

These provisions apply to all Services provided by us without exception. We reserve the right to deny services and immediately terminate any relationship with businesses classified as Prohibited Businesses, as detailed in the next section.

8.2 Prohibited Businesses

By creating an Account, you confirm and acknowledge that you will not use our App for the following business activities, which constitute a breach of these Terms, including but not limited to:

1. Illegal Business Activities: Engaging in business activities related to fields and actions prohibited by any law, regulation, statute, or ordinance, including encouraging, instructing, or assisting others in participating in such unlawful activities.
2. Infringement of Intellectual Property Rights:Conducting business activities that infringe upon patents, copyrights, trademarks registered in accordance with applicable law, or other relevant intellectual property rights. This includes manufacturing, selling, distributing, and promoting counterfeit visual, video, and audio materials, software, duly registered inventions without official authorization from the patent holder, or any other material subject to licensing and intellectual property rights.
3. Drugs and Drug Paraphernalia: Selling and distributing controlled substances and any products designed for the production and consumption of drugs (e.g., bongs, vaporizers, hookahs), or items intended for concealing drugs.
4. Regulated and Licensed Goods and Services: Engaging in the sale of tobacco, cigarettes (including e-cigarettes), e-liquids; dealing in precious metals and stones; operating online pharmacies, including the sale of prescription medications; selling weapons, firearms, munitions, gunpowder, and other explosives; offering fireworks and pyrotechnics; trading in toxic, flammable, and radioactive materials; and participation in the oil and gas industries and extractive sectors.
5. Illicit Substances and Pseudo-Pharmaceuticals: Selling any product or substance that poses a risk to consumer safety or makes misleading or unsupported claims that have not been officially confirmed and verified by competent authorities in the applicable country, and/or obtained the necessary certifications and licenses.
6. Counterfeit or Stolen Goods: Engaging in the sale of counterfeit designer products distributed by unauthorized and unlicensed retailers or resellers; selling replicas; dealing in goods that have been illegally imported or exported; and offering stolen goods for sale.
7. Restricted Financial Services: Providing services such as check cashing, bail bonds, and collection agency services.
8. Unlicensed Providers of Services in Regulated Industries: Operating without proper licenses in industries like foreign exchange, lotteries, and gambling.
9. Adult Content and Services: Distributing pornographic materials; running online and offline stores offering sex-related goods; providing escort and prostitution services; offering adult live chats and pay-per-view adult websites.
10. Fraudulent Financial Schemes: Involvement in multi-level marketing, pyramid or Ponzi schemes, and referral marketing schemes.
11. NGOs and Non-Profit Organizations; Charities: Accepting donations for non-profit purposes.
12. Goods and Service Providers Engaging in Unfair, Misleading, and Aggressive Commercial Practices: Any merchant or service provider that, at our sole discretion, employs methods of harassment, coercion, including physical force, or undue influence that impairs consumers' freedom of choice or conduct.
13. Other High-Risk Businesses: Engaging in businesses that, based on applicable laws and regulations, are determined by us to have a high-risk profile, and which we subsequently believe pose elevated financial and/or legal risk of liability, violations, and criminal activity.

9.1 Liability Waiver

To the fullest extent permitted by applicable law, Moist disclaims any liability related to the delivery of digital rewards and gift cards except as explicitly stated herein. These Terms do not in any way limit liability that may not be restricted under relevant law.

You acknowledge and agree that in the event of a dispute with any recipient of a digital reward or voucher, neither we nor any of our partners, affiliates, or service providers shall bear responsibility for claims, losses, demands, or damages. Such disputes are to be resolved solely between the business parties involved, independent of Moist's operations.

9.2 Indemnification

You agree to indemnify and hold us, along with our partners, affiliates, and service providers, harmless from any claims, losses, actions, demands, or damages arising from the use of our Services by you or any third party. This includes, but is not limited to:

• Breaches of these Terms by you, including unauthorized use of our platform.
• Infringement of intellectual property rights related to use of our Services.
• Third-party claims stemming from unauthorized or improper use of our Services.
• Security breaches attributable to your negligence.
• Non-compliance with KYC/AML requirements, including provision of false or misleading information.
• Any unlawful or unauthorized activities conducted via our platform.

9.3 Disclaimer of Warranties

Moist’s platform and services are provided "as is" and "as available" without warranties of any kind. We do not guarantee that access to our platform will be uninterrupted, secure, or error-free. Any information or guidance we provide is for general purposes only and may change without notice. Users are encouraged to seek professional advice as appropriate.

Additionally, we do not provide warranties regarding transaction processing times for payments or other methods of reward distribution. External factors may affect processing times, and we cannot guarantee specific timeframes.

9.4 Disclaimer of Liability

Under no circumstances shall we or any affiliated parties be liable for any punitive, special, indirect, or consequential damages, regardless of whether we were notified of such possibilities. Our liability is strictly limited as permitted by law, and we are not responsible for damages arising from operational issues, such as software failures or third-party disruptions affecting your access to the platform.

You acknowledge that you are not entitled to recover lost profits, business opportunities, or any indirect or consequential damages resulting from use of our platform.

In recognition of Moist’s digital rewards system, disputes arising from use of our Services shall be addressed within the framework of our app’s functionalities. Issues related to failed reward delivery, account access, or system errors will be managed through Moist’s automated support and resolution channels to the fullest extent feasible.

By using Moist’s platform, you agree to waive grounds for traditional dispute resolutions for technical issues inherent in digital reward distribution, including system errors, account access failures, or automated processing delays. Dispute resolution is limited to the methods provided within the app.

Given the nature of Moist’s services, traditional legal recourse, such as litigation or arbitration, may not apply to certain issues. By agreeing to these Terms, you accept the limitations of this framework and waive rights to legal remedies that may be unavailable in our digital service environment.

11.1 Security of Credentials and Data

You acknowledge and agree that the security of your login details and associated credentials, including but not limited to passwords, identifiers, passphrases, and backup data, is entirely your responsibility. This includes security data used to access third-party services integrated with "Moist."

You are required to maintain control over your security details to prevent unauthorized access, unauthorized use, loss, modification, or any compromise of your security data.

To ensure the security of your data, it is advised to employ reasonable security measures, such as:

1. Device Protection: Take steps to prevent misuse or theft of electronic devices where your account data is stored. Regularly back up such data securely and consider encryption.
2. Access Control: Avoid allowing remote access to devices logged into your account and maintain robust access protocols.
3. Transaction Verification: Ensure you verify all transactions and reward actions taken through your account.
4. Confidentiality: Do not disclose, display, or share sensitive account information, including passwords or payment details, with unauthorized parties.
5. Recipient Verification: Confirm recipient details before sending rewards or conducting transactions through the platform.
6. Suspicious Activity Awareness: Be vigilant against suspicious requests to share security data or transfer funds. We will never request such actions outside of our verified channels.

By agreeing to these Terms, you acknowledge your responsibility to uphold these security practices to protect your account and associated assets.

11.2 Reporting Security Incidents

If you suspect any unauthorized access or compromise to your account, notify us immediately using one of our official communication channels provided in these Terms.

To assist with account-related inquiries or issues while using "Moist," we provide a range of customer support options to ensure a smooth experience.

12.1 Frequently Asked Questions (FAQ)

Our FAQ section covers a broad range of common queries and can be accessed on our platform as a first point of reference.

12.2 Dedicated Support Team

For personalized support, our dedicated Support Team is available to assist with account-specific questions. You can reach us via tech@moist.gg or through our support page.

12.3 Notifications and Updates

We prioritize transparent communication regarding account matters. Important updates will be communicated through our official channels, including email notifications, to keep you informed of significant changes.

13.1 Limited License

All content and materials available on the "Moist" platform are protected by intellectual property laws. You are granted a limited, non-commercial license to use these materials solely in connection with your use of our services.

13.2 Prohibited Actions

Unauthorized distribution or reproduction of our materials, including sharing on third-party sites, is prohibited without written consent.

13.3 Modification and Alteration

Modification or sale of our materials is strictly prohibited. Non-compliance with these terms may result in legal action.

You agree and acknowledge that we shall not be liable for any performance failures, downtime events, interruptions, unavailability of our App and Services, or other malfunctions resulting from circumstances beyond our control ("Force Majeure"). These circumstances may include:

• Natural disasters (e.g., earthquake, flood, fire)
• Government regulations or orders
• Economic embargoes and sanctions
• Acts of war, terrorism, or civil unrest
• Pandemics and epidemics
• Disruption in internet or network services
• Unexpected technical issues, such as software or hardware malfunctions

If you or your business becomes subject to any sanctions, either directly or indirectly affecting our ability to provide Services, we reserve the right to unilaterally terminate these Terms without prior notice. This termination will include the closure of your account and immediate cessation of transactions linked to sanctioned activities.

15.1 Access and Availability

While we strive to maintain uninterrupted access to our Services, we do not guarantee flawless availability. We are not liable for any disruptions affecting access to our App or Services, including processing delays in orders or transactions.

15.2 Compliance with Applicable Law

It is your responsibility to comply with all relevant laws, including those on data protection, anti-money laundering (AML), and taxation. We are not liable for breaches of such regulations that arise from your use of our Services.

15.3 Changes and Amendments to Terms

We may update these Terms due to legal changes or other valid reasons. Notice of amendments will be provided via email or in-app at least one month in advance. Continued use of our Services after this period indicates acceptance.

15.4 Tax Compliance

We do not offer tax advice. You are responsible for understanding and fulfilling tax obligations related to transactions. Seek guidance from a qualified tax advisor in your jurisdiction as needed.

15.5 Interaction with Law Enforcement

We reserve the right to communicate with relevant authorities (such as regulators or courts) as required by law in relation to your use of our Services.

15.6 Entire Agreement

These Terms represent the full agreement between us and supersede any prior discussions or representations.

15.7 Severability

If any provision is rendered invalid by legal changes, the remaining provisions will remain enforceable, and the affected provision will be modified to maintain its original intent within legal boundaries.

15.8 Change of Control

In the event of acquisition or merger, we may transfer your data to the acquiring party, consistent with applicable data protection rights.

15.9 Survival

Provisions that logically survive termination, such as those related to account suspension or liabilities owed to us, will remain enforceable post-termination.

15.10 Language

The primary language of these Terms is English. In cases of translation, the English version prevails in the event of discrepancies.

16.1 Instant Rewards with No Platform Fees

Description: Send digital gift cards and vouchers globally without platform charges. You pay only for the value of the rewards, making it simple and transparent.

16.2 API Integration for Developers

Description: Scale reward delivery with our API, providing seamless access to thousands of digital rewards worldwide, ideal for automated employee and customer engagement.

16.3 Secure Transactions & Compliance

Description: Moist ensures high-level security in all reward transactions. With strict KYC and KYB protocols, we protect our platform from unauthorized activity and comply with international standards.

16.4 Reward Customization Options

Description: Personalize rewards based on specific occasions and user preferences, ensuring each recipient receives a meaningful and impactful gift.

By using our Services, you agree to:

1. Provide Accurate Information: Ensure that all information, including identity verification, is accurate and up-to-date. This is necessary for compliance with KYC and KYB regulations.
2. Compliance with Laws: Use the Services in compliance with all applicable laws, regulations, and guidelines, including but not limited to anti-money laundering and anti-terrorist financing laws.
3. Prohibited Activities: Refrain from engaging in any activity that:
   • Violates any local or international law or regulation.
   • Involves fraud, money laundering, or terrorist financing.
   • Involves unauthorized or abusive use of the Services.
   • Infringes on any intellectual property or proprietary rights.
4. Security Measures: Avoid any actions that may compromise the security or integrity of the Services.

18.1 Zero Platform Fees

Currently, Moist does not charge platform fees for using the service. You are only billed based on the face value of rewards sent.

18.2 Payment Processing

Moist partners with Stripe for credit card transactions and also accepts bank transfers for funding. All processing fees are transparently displayed during transactions.

18.3 Future Fees and Adjustments

Moist reserves the right to introduce fees in the future. Should any fees be implemented, users will be notified in advance, ensuring complete transparency.

19.1 Ownership

All content, features, and functionality of Moist, including but not limited to information, software, text, displays, images, video, and audio, are owned by Dodo Global Limited, or licensed to us.

19.2 Restrictions

You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on this platform without prior written consent.

20.1 No Financial License

Moist is not an authorized bank or licensed financial institution. We use third-party services, including Stripe, to process payments, but we do not provide banking or investment services.

20.2 No Warranties

The Services are provided on an "as is" and "as available" basis, without any warranties, express or implied.

21.1 To the fullest extent permitted by law:

• Excluded Damages: The Company shall not be liable for any indirect, incidental, special, consequential, or punitive damages.
• Liability Cap: The Company’s total liability shall not exceed the amount you have paid to use the Services in the past 12 months.

You agree to indemnify, defend, and hold harmless Dodo Global Limited, its affiliates, and partners from any claims, liabilities, damages, judgments, awards, losses, or costs arising out of your use of the Services or violation of these Terms.

23.1 By the Company

We reserve the right to suspend or terminate access to our Services immediately and without prior notice if you violate any Terms or engage in activities contrary to applicable law or regulation.

23.2 By the User

You may terminate your account by following the procedures provided in the app or contacting support. Upon termination, all rights to access the Services will end immediately.

24.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the United Kingdom.

24.2 Dispute Resolution

Any disputes arising out of or relating to these Terms shall be subject to the exclusive jurisdiction of the courts located in London, United Kingdom.

24.3 Arbitration

We may, at our discretion, require you to submit any disputes to final and binding arbitration.

We may update these Terms periodically. If significant changes are made, we will notify you via the App or by email. By continuing to use the Services after these changes take effect, you agree to the updated Terms.

For any inquiries regarding these Terms, please reach out to us:

• Email: hi@moist.gg
• Registered Address:
  Dodo Global Limited
  128 City Road,
  London, EC1V 2NX,
  United Kingdom

You are accountable for all activities conducted through your account. Ensure that only authorized personnel have access to it.

Payments for rewards are processed through Stripe. By using our Services, you agree to Stripe's Terms of Service in addition to our Terms. For certain transactions, bank transfer details may be required for funding.

This Terms of Service document is intended for informational purposes and does not constitute legal advice. For compliance with applicable laws and regulations, consult a qualified attorney.