Terms of Service

1. About Moka Bio

The Site is operated by Moka Bio, Inc., a corporation organized under the laws of the State of Delaware, United States of America ("Moka Bio", "we", "us", or "our").

2. Acceptance of Terms

By accessing or using moka.bio (the "Site"), you agree to these Terms of Service ("Terms") and acknowledge our Privacy Policy. If you do not agree, please do not use the Site.

If you use the Site on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms.

3. Scope — Website Use Only

The Site is an informational and commercial contact platform. These Terms apply exclusively to your browsing of and interaction with the Site, including the contact form.

These Terms do not govern:

• Access to or use of any Moka Bio product, platform, database, or software environment (including Icaros or Moka BDE)
• Any research, development, licensing, data, or technology services provided by Moka Bio
• Any partnership, collaboration, co-development, or investment relationship
• Any intellectual property licensing or transfer

These matters are governed exclusively by separate written agreements between Moka Bio and the relevant party.

4. No Commercial Relationship Created

Using the Site does not create any commercial, contractual, fiduciary, or employment relationship between you and Moka Bio. Submitting an inquiry or requesting a demo does not constitute an offer, acceptance, or binding commitment by either party.

No binding commercial relationship arises from communications originating from or referring to the Site unless a separate written agreement is executed by an authorized signatory of Moka Bio.

5. Individual Client Agreements

Each client and partner engagement is governed by a written agreement that reflects its specific scope, jurisdiction, and commercial terms. Such agreements may include, among others, subscription or platform access agreements, service agreements, research collaboration agreements, licensing agreements, or non-disclosure agreements.

In the event of any conflict between these Terms and an individual written agreement with Moka Bio, the individual written agreement prevails.

6. Permitted Use of the Site

You may use the Site for lawful informational and business purposes. You agree not to:

• Use the Site in violation of any applicable law or regulation
• Systematically extract or copy Site content by automated means to republish it, resell it, or build a competing database
• Send unsolicited commercial communications (spam) through the Site's contact mechanisms
• Attempt to gain unauthorized access to the Site, its servers, or related infrastructure
• Introduce viruses, malware, or other harmful material
• Use the Site in any way that could damage, disable, overburden, or impair our systems
• Misrepresent your identity or affiliation in any communication sent through the Site

Indexing of the Site by search engines and AI assistants that respect our robots.txt file is permitted, as is quoting brief excerpts with attribution and a link to the Site.

7. Intellectual Property

All content on the Site — including text, graphics, logos, images, data, software, and their selection and arrangement — is the property of Moka Bio or its licensors and is protected by applicable intellectual property laws in the United States and other jurisdictions.

The Moka Bio name and logo, "Icaros", "Moka BDE", and related product names are trademarks or unregistered marks of Moka Bio. Nothing on the Site grants any license to use them without our prior written permission. Third-party logos shown on the Site belong to their respective owners.

Except as permitted in Section 6 or by applicable law, you may not reproduce, distribute, modify, or create derivative works of Site content without our prior written consent.

8. Scientific and Research Content

Information on the Site about biodiversity, plants, bioactivity, and related topics is provided for general informational purposes. It does not constitute scientific, regulatory, or medical advice, and does not describe the properties of any finished product.

Predictions of bioactivity are hypotheses that require experimental validation. Moka Bio does not warrant that any species, extract, compound, or result referenced on the Site will lead to a viable product, regulatory approval, or commercial outcome. Specific commitments regarding our platform and services are set out only in individual written agreements.

9. Disclaimer of Warranties

The Site and its content 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 completeness.

We do not warrant that the Site will be uninterrupted, secure, or error-free, or that its information is complete or current. Some jurisdictions do not allow the exclusion of implied warranties, so some of these exclusions may not apply to you.

10. Limitation of Liability

To the fullest extent permitted by applicable law, Moka Bio and its officers, directors, employees, agents, and licensors shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from: (i) your use of or inability to use the Site; (ii) any content obtained from the Site; or (iii) unauthorized access to or alteration of your transmissions or data.

Our total cumulative liability for any claims arising out of or relating to these Terms or the Site shall not exceed one hundred US dollars (USD $100), or the amount you paid to access the Site in the twelve (12) months preceding the claim, whichever is greater.

Nothing in these Terms limits or excludes liability for: (i) death or personal injury caused by negligence; (ii) fraud or fraudulent misrepresentation; or (iii) any other liability that cannot be excluded by applicable law.

11. Indemnification

You agree to indemnify and hold harmless Moka Bio and its officers, directors, employees, and agents from any claims, damages, losses, and expenses (including reasonable attorneys' fees) arising from: (i) your use of the Site in violation of these Terms; (ii) your violation of any applicable law; or (iii) your infringement of any third-party right.

12. Third-Party Links and Content

The Site may link to third-party websites, publications, or services that Moka Bio does not control. We are not responsible for their content, policies, or availability, and a link does not imply endorsement.

13. Privacy

The processing of your personal data through the Site is described in our Privacy Policy, which includes the rights available to users in the European Economic Area, the United Kingdom, the United States, Mexico, Brazil, and Argentina.

14. Export Controls and Sanctions

You agree to comply with applicable export control and sanctions laws. You represent that you are not located in, or a national of, a country subject to comprehensive US or UN sanctions, and that you are not on any restricted party list maintained by the US government.

15. Governing Law and Jurisdiction

These Terms are governed by the laws of the State of Delaware, United States of America, without regard to its conflict of law rules. The state and federal courts located in Delaware have jurisdiction over any dispute arising from these Terms or your use of the Site.

Nothing in these Terms affects the rights granted to you by mandatory consumer protection laws of your country of residence, including in Latin America, the European Economic Area, and the United Kingdom.

16. Dispute Resolution

Before starting any formal proceeding, you agree to contact Moka Bio at info@moka.bio with a written description of the dispute. Both parties will try to resolve it amicably within thirty (30) days. This requirement does not apply to claims for urgent injunctive relief or the protection of intellectual property rights.

17. General Provisions

Severability

If any provision of these Terms is found unenforceable, it will be modified to the minimum extent necessary or severed, and the remaining provisions will remain in effect.

No Waiver

Failure to enforce any provision of these Terms is not a waiver of that provision.

Entire Agreement (Site Only)

These Terms and the Privacy Policy are the entire agreement between you and Moka Bio regarding your use of the Site. They do not govern any commercial or service relationship.

Assignment

You may not assign your rights under these Terms. Moka Bio may assign them in connection with a merger, acquisition, restructuring, or sale of assets.

Language

These Terms are available in English, Spanish, and Portuguese. All versions have the same content; in case of discrepancy, the English version prevails, to the extent permitted by applicable law.

18. Changes to These Terms

We may update these Terms at any time. We will update the "Last updated" date at the top of this page. Continued use of the Site after changes are published means you accept the revised Terms.

19. Contact

Moka Bio, Inc.
Delaware, United States of America
info@moka.bio