Terms of Service

1. What these Terms cover

These Terms apply to all of our Services, including:

• moku.gg, including the Moku Arcade, the card Binder and the Moki egg hatchery;
• our games, such as Grand Arena and Nomgar Clash, games we publish in the Arcade, and games we run as Discord Activities, such as Moki Pochi;
• our Discord apps and bots, including our support bot and the support dashboard our team uses to answer tickets;
• our browser extensions, NFT collections and marketplaces; and
• our community spaces, such as the Moku Discord server and our social media accounts.

Some Services have their own additional terms, such as the Grand Arena Terms of Service or the rules of a contest or promotion. Those apply on top of these Terms. If they conflict with these Terms, the additional terms win for that Service.

By accessing or using any Service, you agree to these Terms and to our Privacy Policy. If you don’t agree, please don’t use the Services.

2. Who can use the Services

You must be at least 13 years old, or older if the law where you live sets a higher minimum age for using online services without a parent’s consent. If you’re under the age of majority where you live, you may only use the Services with the permission and supervision of a parent or legal guardian, who agrees to these Terms on your behalf.

You must be at least 18, or the age of majority where you live if that is higher, to buy, sell or trade digital assets, take part in paid contests, use our marketplaces or play Grand Arena.

You may not use the Services if you are located in, or are a resident or national of, Cuba, Iran, North Korea, Syria, Russia, or the Crimea, Donetsk or Luhansk regions of Ukraine, or any other country or region subject to comprehensive sanctions by the United States, the United Kingdom, the European Union or the United Nations. You also may not use them if you, or anyone you act for, appears on a sanctions or restricted-party list. Don’t use a VPN or any other tool to get around these restrictions.

You are responsible for following the laws that apply to you. Some Services, or features of them, may not be available everywhere.

3. Your account

Some Services let you sign in with an email address, a Google, Discord or other social account, or a crypto wallet, sometimes through a sign-in provider such as Privy. You are responsible for everything that happens under your account and for keeping your login details, devices and wallet keys secure.

Give us accurate information and keep it up to date. Don’t share, sell or transfer your account, and don’t use anyone else’s. One person gets one account unless a Service says otherwise.

We will never ask for your password, seed phrase or private keys. Anyone who does is not us. If you think your account has been compromised, tell us right away at support@moku.gg.

4. Discord apps and bots

Our Discord apps run inside Discord, so Discord’s own Terms of Service and policies apply to your use of them too. Moku is not affiliated with or endorsed by Discord.

When you use one of our apps, for example by opening a support ticket with our support bot, Discord shares some information with the app so it can work. Messages and files you post in a ticket channel are recorded, and our support team can read them, including through our support dashboard. When our team replies from the dashboard, the bot posts the reply in your ticket channel. Our Privacy Policy explains what we collect and how long we keep it.

Never post passwords, seed phrases or private keys in a ticket, or anywhere else. We may close, archive or delete ticket channels, and limit or remove an app’s features, at any time.

5. Wallets, NFTs and digital assets

Some Services use blockchain networks such as Ronin, and digital assets such as non-fungible tokens (NFTs), including Mokis and trading cards. When you use them:

• Your wallet is yours. Unless a Service clearly says it holds assets for you, we don’t have custody of or access to your wallet or digital assets. We can’t recover lost keys or reverse transactions.
• Blockchain transactions are final. Check every transaction before you sign it. Network fees (gas) are set by the network, not by us, and are not refundable.
• Third parties run much of the stack. Blockchains, wallets, bridges and marketplaces we don’t operate are third-party services. We aren’t responsible for them or for losses they cause.
• Digital assets are risky. Their value can fall to zero, the rules around them can change, and smart contracts can contain bugs. You use them at your own risk.

Digital assets offered through the Services are collectibles and game items. They are not investments, securities or financial products, and we make no promise that they will have or keep any value. Nothing we say is financial, investment, legal or tax advice.

Owning an NFT gives you the rights described in the terms or license that apply to that collection, if any. Nothing in these Terms takes those rights away.

6. In-game items and currencies

Many Services include virtual items and currencies that are not tokens on a blockchain, such as Gems, Gold, points, boosts, chests, skins, cosmetics and other in-game rewards (“Virtual Items”).

• Virtual Items are licensed to you, not sold. We give you a limited, personal, revocable, non-transferable license to use them in the Service where you got them.
• Virtual Items have no cash value. You can’t exchange them for real money, and you can’t sell or trade them unless a Service specifically allows it.
• We may change, rebalance, limit or remove Virtual Items, for example to fix a bug or keep a game fair. We may also remove items obtained by cheating or through an error.
• Unless the law where you live says otherwise, Virtual Items are not refundable, including when an account is closed or a Service shuts down.

7. Purchases and fees

Prices for paid features, items, packs, contest entries and memberships are shown before you buy and may change. Taxes may apply. Payments may be handled by third-party payment processors or wallets under their own terms; we don’t store full payment card numbers.

All purchases are final and non-refundable, except where these Terms or a Service’s own terms say otherwise, or where the law where you live gives you a right to a refund.

8. Your content

You may be able to post or share content such as messages, usernames, profile details, artwork, feedback and support requests (“Your Content”). You keep ownership of Your Content.

You give us a worldwide, non-exclusive, royalty-free, transferable and sublicensable license to host, store, copy, adapt, display and distribute Your Content in order to operate, improve and promote the Services. Only post content you have the right to share, and nothing illegal, harmful or infringing.

If you send us ideas or feedback, we may use them for any purpose without paying you or owing you anything. We may remove or hide any content at our discretion, but we have no obligation to monitor it.

9. Rules of conduct

When you use the Services, don’t:

• break the law or anyone’s rights, or help anyone else do so;
• cheat, exploit bugs or glitches, or use bots, scripts, macros or other automation that a Service doesn’t allow;
• use multiple accounts to get around limits, bans or reward rules, or collude with other players;
• manipulate prices, markets, leaderboards or contests, including through wash trading;
• harass, threaten, bully, impersonate or discriminate against anyone, or post hateful, sexual, violent or otherwise objectionable content;
• scam, phish or defraud anyone, including by pretending to be Moku staff;
• send spam or unsolicited advertising;
• upload malware, or interfere with, overload or disrupt the Services, our systems or other players;
• access accounts, systems or data you’re not authorised to access, or scrape or harvest data from the Services without our permission;
• reverse engineer, decompile or modify our software, except where the law allows it despite this restriction;
• use the Services to launder money, finance terrorism or evade sanctions; or
• use the Services in a way that breaks the rules of Discord or any other platform they run on.

Community spaces, games and contests may have their own rules, and you need to follow those too.

10. Our intellectual property

The Services and everything in them belong to Moku or our licensors and are protected by intellectual property laws. This includes the Moku name and logos, the Mokis and our other characters, artwork, games, software, text and sounds. Apart from Your Content and any rights you hold in NFTs you own, these Terms don’t give you ownership of any of it.

We give you a limited, personal, non-exclusive, non-transferable and revocable license to use the Services for your own non-commercial entertainment, as these Terms allow. Don’t copy, sell, or make commercial use of our content or trademarks without our written permission.

If you believe something on the Services infringes your copyright or other rights, email support@moku.gg. Include your contact details, a description of the work, where the content appears, and a statement that you believe in good faith the use isn’t authorised and that your notice is accurate. We may remove content and, where appropriate, close the accounts of repeat infringers.

11. Third-party services

The Services link to and rely on services we don’t control, such as Discord, Google, sign-in and wallet providers, blockchains, marketplaces and app stores. Your use of them is governed by their own terms and privacy policies, and we aren’t responsible for them.

12. Changes to the Services

The Services keep evolving. Many are early or experimental, and some Arcade games are made by our community and art team as they learn to make games. We may add, change, pause or end any Service or feature at any time. Game progress, saves, scores and balances may sometimes need to be reset, for example after a bug or a major update. We’ll try to give notice of significant changes when we reasonably can.

We don’t promise that the Services will always be available, error-free or secure.

13. Suspension and termination

You can stop using the Services at any time. To ask us to delete your account or data, see our Privacy Policy.

We may suspend or end your access to all or part of the Services, remove your content, or reset or remove Virtual Items, with or without notice, if we reasonably believe you broke these Terms, created risk or legal exposure for us or others, or if the law requires it. Where it’s appropriate and safe to do so, we’ll tell you why.

Ending your access doesn’t affect digital assets held in your own wallet. Provisions that by their nature should survive termination will survive, such as the content license, disclaimers, limits on liability, indemnity and the dispute terms.

14. Disclaimers

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”. TO THE FULLEST EXTENT ALLOWED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE. WE DON’T WARRANT THAT THE SERVICES OR ANY DIGITAL ASSET WILL BE UNINTERRUPTED, ACCURATE, SECURE OR FREE OF ERRORS OR HARMFUL COMPONENTS, OR THAT ANY DIGITAL ASSET WILL HAVE OR KEEP ANY VALUE.

15. Limitation of liability

TO THE FULLEST EXTENT ALLOWED BY LAW: (A) WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL OR DIGITAL ASSETS, ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS, EVEN IF WE WERE TOLD THEY WERE POSSIBLE; AND (B) OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES OR THESE TERMS IS LIMITED TO THE GREATER OF (I) THE AMOUNT YOU PAID US FOR THE SERVICES IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, AND (II) US$100.

Some places don’t allow these limits, so they may not all apply to you. Nothing in these Terms limits liability that the law doesn’t allow us to limit, such as liability for fraud, or for death or personal injury caused by negligence.

16. Indemnity

To the extent the law allows, you agree to defend, indemnify and hold harmless Moku, our affiliates, and our and their officers, employees and agents from any claims, losses and expenses, including reasonable legal fees, arising from your breach of these Terms, Your Content, your misuse of the Services, or your violation of any law or anyone else’s rights.

17. Disputes, governing law and arbitration

Talk to us first. Most problems can be sorted out quickly. Before starting a formal dispute, email support@moku.gg describing the problem and what you’d like us to do. We both agree to try to resolve it informally for at least 30 days.

Governing law. These Terms are governed by the laws of Costa Rica, without regard to its conflict-of-law rules, except where the law where you live requires otherwise.

Arbitration. If we can’t resolve a dispute informally, it will be resolved by final and binding arbitration administered by the Costa Rican Chamber of Commerce. There will be one arbitrator, the arbitration will be in English, its seat will be San José, Costa Rica, and hearings may be held by video. Either of us may instead bring an individual claim in a small-claims court if it qualifies. Either of us may also ask a court for urgent injunctive relief to protect intellectual property or prevent irreparable harm.

Class action and jury waiver. You and we may bring claims only individually, not as a plaintiff or class member in any class, collective or representative action. To the extent the law allows, you and we both waive any right to a jury trial.

Time limit. Any claim must be brought within one year after it arises, unless the law requires a longer period.

Your local rights. If you are a consumer, nothing in this section takes away protections you have under the mandatory laws of the country where you live, including any right to bring a claim in your local courts.

18. Changes to these Terms

We may update these Terms. We’ll post the new version on this page and change the “Last updated” date. If a change is material, we’ll give notice, for example on our website, in our Discord or by email. A material change takes effect 30 days after notice for existing users, and immediately for new users or where the law requires it. If you keep using the Services after a change takes effect, you accept the updated Terms.

19. General

• These Terms, our Privacy Policy and any additional terms for a Service are the whole agreement between you and us about the Services.
• If any part of these Terms is found unenforceable, the rest stays in effect. If we don’t enforce a right, we haven’t waived it.
• We may transfer these Terms, for example as part of a merger or sale. You may not transfer them without our written consent.
• We aren’t responsible for delays or failures caused by events beyond our reasonable control.
• These Terms don’t create any partnership, employment or agency relationship, and they don’t give rights to anyone other than you and us.
• We may send you notices by email, through Discord or within the Services. If translations of these Terms differ from the English version, the English version controls.

20. Contact us

The Services are operated by Degenku, which runs the Moku brand. Questions about these Terms can go to:

• Email: support@moku.gg
• Discord: open a support ticket in the Moku Discord