The deal, in plain words.

Last revised 23 September 2026

Welcome to the Terms of Service (these “Terms”) for the Mochi Finance mobile application, the website located at mochifinance.com (the “Website”) and the related personal finance tools and features operated by or on behalf of NOIR Holdings, Inc. [ confirm exact registered name ] (“Company”, “we” or “us”). The Website, the mobile application (the “App”), and any content, tools, features and functionality offered on or through them are referred to collectively as the “Services”.

These Terms govern your access to and use of the Services. Please read them carefully, as they include important information about your legal rights, including a binding arbitration clause and class action waiver in Section 9, which you may opt out of within 30 days. By accessing or using the Services, you are agreeing to these Terms. If you do not understand or agree to these Terms, do not use the Services.

For purposes of these Terms, “you” and “your” means you as the user of the Services.

1. The Services

1.1 The Services

The Services allow you to (a) connect accounts you hold at banks, credit unions, card issuers, brokerages, lenders, payroll providers and other financial institutions (each, a “Connected Institution”) through one or more third-party data aggregation providers (each, an “Aggregation Provider”); (b) upload statements, tax forms, pay stubs, loan documents, bills and other files (collectively, “Submitted Documents”); and (c) receive automated categorization, budgeting, cash-flow, savings and other general financial information and tools generated from that data.

1.2 Definitions

“Connected Account Data” means information we or an Aggregation Provider obtain from a Connected Institution at your direction, including account and routing identifiers, account type, balances, transaction descriptions, amounts, dates, merchant and counterparty information, categories, statements, holdings, income and payroll records, and identity information held by the Connected Institution. Connected Account Data is used only to provide the Services and is never licensed or sold.

“Submitted Documents” has the meaning given in Section 1.1, and includes all text, images and data contained in or extracted from those files.

1.3 Not Financial, Investment, Tax, Legal or Accounting Advice

The Services provide general educational information and automated tools only. We are not a bank, broker-dealer, investment adviser, tax preparer, credit counselor, debt adjuster, insurance producer or law firm, and we do not provide investment, tax, legal, accounting or credit-repair advice or recommendations. Nothing generated by the Services is personalized advice, a recommendation to buy, sell or hold any security or product, an offer or solicitation, or a fiduciary undertaking. Outputs are generated in whole or in part by automated systems, including machine learning models, and may be incomplete, out of date or wrong. You are solely responsible for your financial decisions, and you should consult a qualified professional before acting. We are not liable for any decision you make in reliance on the Services.

1.4 Connected Institutions and Credentials

To connect an account you may be asked to provide credentials, one-time passcodes or authorizations to an Aggregation Provider. You represent that you are the owner or an authorized user of every account you connect and that you have the right to authorize access to it. Your relationship with each Connected Institution and each Aggregation Provider is governed by their own agreements with you. We are not responsible for a Connected Institution suspending, restricting or closing your account as a result of your use of the Services.

1.5 No Sale of Your Data; Planned Optional Licensing Program

Planned program. We plan to offer an optional program under which you could choose, document by document, to let us license documents you upload (such as statements or pay stubs) to third parties, including companies that train artificial intelligence models. If we launch it: (i) it will be strictly opt-in, with a separate consent for each upload; (ii) it will never be a condition of using the Services, and declining will never cost you features, price or your account; (iii) Connected Account Data will never be part of it; and (iv) before the program starts, we will update these Terms and our Privacy Policy and notify you. Nothing you upload before the program launches will be licensed without your new, explicit consent.

1.6 Deletion and Disconnection

You may disconnect any Connected Institution, delete any Submitted Document, or close your account at any time through the Services or by contacting us at shay@mochifinance.com. When you delete a document or close your account, we delete the associated personal information immediately: the deletion runs while you wait rather than on a later schedule. Copies held in encrypted backups are overwritten within [ 30 ] days, except where retention is required by law or for the security, fraud-prevention or record-keeping purposes described in our Privacy Policy.

1.7 Screening and Removal

We may screen, edit, restrict, remove or reject any Submitted Document at any time in our discretion, including if we determine it is inaccurate, malicious, unlawful or in violation of these Terms.

1.8 Your Representations Regarding Data You Provide

By connecting an account or uploading a Submitted Document, you represent and warrant that: (i) you have all rights, consents, permissions and authority necessary to provide that data; (ii) doing so will not violate any law or any agreement between you and a Connected Institution, an Aggregation Provider, your employer or any other person; (iii) the data does not contain malicious code; and (iv) you will not upload documents containing personal information of any individual under the age of 18.

1.9 No Employment or Advisory Relationship

Your use of the Services and provision of data does not constitute work for or on behalf of the Company, and no agency, partnership, joint venture, employment, fiduciary or advisory relationship is created by these Terms or your use of the Services.

1.10 Eligibility

You must be at least 18 years of age and a resident of the United States to use the Services. By using the Services you represent and warrant that you meet these requirements. The Services are not directed to children, and we do not knowingly collect personal information from anyone under 18.

2. User Accounts

2.1 Creating and Safeguarding Your Account

To use the Services you must create an account or link an existing account, such as your Apple or Google account (an “Account”). You agree to provide accurate, complete and current information. You are responsible for all activity on your Account and for maintaining the confidentiality of your credentials. You must notify us immediately at shay@mochifinance.com if you suspect your Account has been compromised. We recommend you enable multi-factor authentication where offered. You agree not to create an Account if we have previously removed or banned you from the Services.

2.2 Suspension

We may suspend or restrict your Account if we reasonably believe it is being used in violation of these Terms, in a manner that creates security or fraud risk, or as required by law.

3. Privacy

3.1 Privacy Policy

Our Privacy Policy describes how we collect, use and disclose information about you, and how you can exercise your privacy rights. By using the Services you acknowledge that your information will be handled as described in the Privacy Policy. In the event of a conflict between these Terms and the Privacy Policy with respect to your privacy rights, the Privacy Policy controls.

3.2 Financial Privacy Notice

We also provide a separate privacy notice describing our information-sharing practices under the Gramm-Leach-Bliley Act and its implementing regulations, and describing your right to limit certain sharing. That notice is available at mochifinance.com/financial-privacy and is delivered to you when you open an Account and annually thereafter. If that notice and these Terms conflict, that notice controls with respect to the sharing it covers.

3.3 Security

We maintain a written information security program designed to protect customer information. No system is perfectly secure. You are responsible for the security of the device and email account you use to access the Services.

4. Rights We Grant You

4.1 Right to Use the Services

We grant you a personal, non-assignable, non-sublicensable, non-transferable, non-exclusive and revocable right and license to access and use the Services, and to download and use one copy of the App on a device you own or control, in each case for your own personal, non-commercial use and in accordance with these Terms. Access may be interrupted from time to time for maintenance, updates, repairs or other reasons.

4.2 Restrictions on Your Use of the Services

You may not, in connection with the Services:

1. copy, distribute, transmit, display, reproduce, publish, license, create derivative works from, or offer for sale any information obtained from the Services, except as expressly permitted in these Terms;
2. decompile, reverse engineer, disassemble or attempt to derive the source code, models, weights or underlying algorithms of the Services;
3. remove or alter any copyright, trademark or other proprietary notice;
4. use bots, scrapers, crawlers or other automated means to access, monitor, extract or collect data from the Services;
5. access or use the Services in any manner that could disable, overburden, damage or impair them, or interfere with any other party’s use;
6. attempt to gain unauthorized access to the Services, other users’ accounts, or connected systems;
7. circumvent any technological protection or access control;
8. introduce viruses, worms, logic bombs or other harmful code;
9. connect an account you are not authorized to access, or upload a document you are not authorized to provide;
10. use the Services or any data obtained from them to train, fine-tune or evaluate any machine learning or artificial intelligence system, except as expressly authorized by us in writing;
11. use the Services to make, or to assist any person in making, a determination of a consumer’s eligibility for credit, insurance, employment, housing or any other purpose regulated by the Fair Credit Reporting Act; or
12. violate any applicable law or regulation, or use the Services in any way not expressly permitted by these Terms.

4.3 Use of the App

You are responsible for the device, wireless plan, software and connectivity you need to use the App, and for any related fees. We do not guarantee the App will operate on any particular device or in any particular location. You may receive push notifications, text messages, alerts and emails in connection with the App (“Push Messages”). You can control most Push Messages through the Services or your device settings, except for infrequent service and administrative messages.

4.4 Mobile Software from Third Parties

1. Apple App Store. The following applies if you obtained the App from the Apple App Store. These Terms are between you and the Company only, not Apple, and Apple has no responsibility for the App or its content. Apple has no obligation to furnish maintenance or support. If the App fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price, if any; to the maximum extent permitted by law Apple has no other warranty obligation. Apple is not responsible for addressing any claim relating to the App, including product liability, regulatory conformity and consumer protection claims. In the event of a third-party claim that the App infringes intellectual property rights, the Company, not Apple, is solely responsible for the investigation, defense, settlement and discharge of that claim to the extent required by these Terms. Apple and its subsidiaries are third-party beneficiaries of these Terms as they relate to your use of the App and may enforce them against you.
2. Google Play Store. The following applies if you obtained the App from the Google Play Store: (i) these Terms are between you and the Company only, and not Google; (ii) your use of the App must comply with Google’s then-current Google Play Terms of Service; (iii) Google is only a provider of the store where you obtained the App; (iv) the Company, not Google, is solely responsible for the App; and (v) Google has no obligation or liability to you with respect to the App or these Terms. Google and its subsidiaries are third-party beneficiaries of these Terms as they relate to your use of the App and may enforce them against you.

4.5 Beta Offerings

We may make test or beta features available (“Beta Offerings”). Use of any Beta Offering is voluntary and at your sole risk. Beta Offerings are provided “as is”, may contain errors and may cause loss or corruption of data, and may not be reversible. If we designate a Beta Offering as confidential, you agree not to disclose it without our prior written consent.

5. Ownership and Content

5.1 Ownership of the Services

The Services, including their look and feel, software, models, content and other materials, are protected by copyright, trademark and other intellectual property laws. The Company and its licensors own all right, title and interest in and to the Services, other than your Submitted Documents. All rights not expressly granted are reserved.

5.2 Trademarks

The Mochi Finance name and logo, and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its licensors. Other names and marks appearing on the Services are the property of their respective owners.

5.3 Feedback

We welcome feedback, comments and suggestions (“Feedback”). All Feedback becomes the sole property of the Company, and we may use and disclose it for any purpose without notice or compensation to you. You assign to the Company all right, title and interest you may have in any Feedback.

5.4 Notice of Infringement (DMCA Policy)

If you believe material on the Services infringes your copyright, you may submit a notification to our designated agent under 17 U.S.C. § 512(c), providing:

1. identification of the copyrighted work claimed to be infringed;
2. identification of the material claimed to be infringing and its location on the Services;
3. your contact information, including address, telephone number and email address;
4. a statement that you have a good faith belief the use is not authorized by the copyright owner, its agent or the law;
5. a statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner; and
6. your physical or electronic signature.

Send notices to: NOIR Holdings, Inc., Attn: Copyright Agent, [ postal address ]; or by email to shay@mochifinance.com. We may disable or terminate the accounts of repeat infringers. A user whose material has been removed may submit a counter-notification meeting the requirements of 17 U.S.C. § 512(g)(2) and (3). You may be liable for damages if you materially misrepresent that material is infringing or was removed by mistake.

6. Third Party Services and Connected Institutions

6.1 Third Party Materials

The Services may display or make available content, data or applications from third parties (“Third Party Materials”) or link to third-party websites. We are not responsible for examining or evaluating Third Party Materials and do not warrant or endorse them. Third Party Materials and links are provided as a convenience only.

6.2 Aggregation Providers

We use one or more Aggregation Providers to obtain Connected Account Data at your direction. When you connect an account, you may be presented with the Aggregation Provider’s own terms and privacy policy, which govern its relationship with you. You authorize us and the Aggregation Provider to access, retrieve and store data from your Connected Institutions on your behalf, and you appoint us as your limited agent for that purpose. Availability of any particular Connected Institution may change without notice.

6.3 No Relationship with Connected Institutions

We are not affiliated with, endorsed by or sponsored by any Connected Institution. We are not responsible for the accuracy, completeness or timeliness of data provided by a Connected Institution or an Aggregation Provider, or for any error, outage or change in their systems.

7. Fees

The Services are currently offered free of charge, and there are no paid plans. If we introduce paid features in the future, we will update these Terms and provide the disclosures required by law before charging you.

8. Disclaimers, Limitations of Liability and Indemnification

8.1 Disclaimers

Your access to and use of the Services is at your own risk. The Services are provided on an “AS IS” and “AS AVAILABLE” basis. To the maximum extent permitted by law, the Company and its parents, affiliates, officers, directors, employees, agents, representatives, partners and licensors (the “Company Entities”) DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. The Company Entities make no warranty and disclaim all liability for: (a) the completeness, accuracy, availability, timeliness, security or reliability of the Services or of any output, categorization, projection or recommendation they generate; (b) any financial outcome you experience; (c) any harm to your systems or loss of data; (d) compatibility with any device or system; (e) uninterrupted or error-free operation; and (f) the deletion of, or failure to store or transmit, any Submitted Document or other content. No advice or information obtained from the Company Entities or through the Services creates any warranty not expressly made here.

THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THOSE LAWS APPLY TO YOU, SOME OR ALL OF THE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS IN THESE TERMS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

8.2 Limitation of Liability

TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL THE COMPANY ENTITIES BE LIABLE FOR ANY INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, DATA OR GOODWILL, ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL AGGREGATE LIABILITY OF THE COMPANY ENTITIES FOR ALL CLAIMS RELATING TO THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID US IN THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM AND (B) ONE HUNDRED DOLLARS ($100). THESE LIMITATIONS APPLY EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

8.3 Assumption of Risk

You acknowledge that: (a) the Services depend on data provided by third parties that may be inaccurate or delayed; (b) automated categorization and modeling produce errors; and (c) no security program eliminates the risk of unauthorized access. You accept these risks as a condition of using the Services.

8.4 Indemnification

You agree to defend, indemnify and hold harmless the Company Entities from and against any claims, costs, damages, losses, liabilities and expenses (including reasonable attorneys’ fees) arising out of or in connection with: (a) your breach of these Terms or of any applicable law; (b) your violation of the rights of any third party, including any person whose personal information appears in data you provided; (c) your misuse of the Services; or (d) your negligence or willful misconduct. We will have the right to control the defense and settlement of any matter subject to indemnification, and you agree to cooperate.

9. Arbitration and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS MANDATORY BINDING INDIVIDUAL ARBITRATION AND A CLASS ACTION WAIVER. YOU MAY OPT OUT AS DESCRIBED IN SECTION 9.7.

9.1 Informal Resolution First

Before initiating arbitration, you and the Company agree to first contact the other party in writing and make a good faith effort to resolve the dispute, allowing the receiving party 30 days to respond. This is a condition precedent to arbitration. Notices to us go to shay@mochifinance.com or the address in Section 10.8.

9.2 Agreement to Arbitrate

Except as provided in Section 9.3, any dispute, controversy or claim relating in any way to the Services or these Terms (a “Claim”), including threshold questions of arbitrability, will be resolved by final and binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules then in effect. The arbitration will be conducted in English by a single arbitrator. The seat of arbitration is Los Angeles, California [ confirm ]; if that is not reasonably possible for you, the arbitration will take place at a mutually agreed venue or, at your election, by videoconference or on the documents alone. Because these Terms concern interstate commerce, the Federal Arbitration Act governs arbitrability. Judgment on the award may be entered in any court of competent jurisdiction.

9.3 Exceptions

The following will not be subject to arbitration: (a) claims within the jurisdiction of a small claims court, brought on an individual basis; (b) claims seeking only injunctive relief, including public injunctive relief; and (c) intellectual property disputes. Either party may also seek provisional relief in aid of arbitration.

9.4 Costs

Payment of filing, administration and arbitrator fees is governed by the AAA Rules, except that if you demonstrate that those costs would be prohibitively more expensive than a court proceeding, the Company will pay the portion the arbitrator determines is necessary to prevent that result. If the arbitrator finds your claim or the relief sought is frivolous or brought for an improper purpose under the standards of Rule 11(b) of the Federal Rules of Civil Procedure, fees will be allocated under the AAA Rules.

9.5 Settlement Incentive

If you prevail in arbitration and are awarded less than the last written settlement amount the Company offered before the arbitrator was appointed, the Company will pay you the amount it offered in settlement.

9.6 Limitations Period

Except where applicable law provides otherwise and cannot be waived, any Claim must be brought within [ one or two — choose ] year(s) after you first became aware, or reasonably should have become aware, of the facts giving rise to it.

9.7 Opt-Out

You may opt out of Sections 9.2 and 9.8 by sending written notice to shay@mochifinance.com or to the address in Section 10.8 within thirty (30) days after you first agree to these Terms. The notice must include your name, the email address associated with your Account, and a clear statement that you wish to opt out of arbitration. Opting out will not affect any other part of these Terms and will not affect your access to the Services. If you opt out of the arbitration provisions, the Company will not be bound by them as to you either.

9.8 Class Action Waiver

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND THE COMPANY EACH AGREE THAT ANY PROCEEDING WILL BE BROUGHT ONLY IN THE PARTY’S INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS OR PRESIDE OVER ANY FORM OF CLASS PROCEEDING. FOR THE AVOIDANCE OF DOUBT, YOU MAY SEEK PUBLIC INJUNCTIVE RELIEF TO THE EXTENT AUTHORIZED BY LAW AND CONSISTENT WITH SECTION 9.3.

If this class action waiver is found unenforceable as to any claim, then, unless the parties agree otherwise, the agreement to arbitrate will be null and void as to that claim, which must proceed in a court of competent jurisdiction.

10. Additional Provisions

10.1 Updating These Terms

We may modify these Terms from time to time. If the changes are material, we will use reasonable efforts to notify you, such as by email or by a prominent in-app notice, before they take effect. We will not apply a material change to our data practices to information we collected before the change without giving you notice and a meaningful opportunity to decline. Your continued use of the Services after the effective date of a modification constitutes acceptance. No amendment applies to a dispute for which arbitration has already been initiated.

10.2 Termination

You may stop using the Services and close your Account at any time. We may suspend, disable or delete your Account, with or without notice, if you breach these Terms, if required by law, or if we discontinue the Services. Upon termination, all licenses granted to you terminate. Sections 3, 5, 8, 9 and 10 survive termination.

10.3 Injunctive Relief

You agree that a breach of Section 4.2 or Section 5 may cause irreparable injury for which monetary damages are inadequate, and that the Company is entitled to seek equitable relief in addition to any other remedies.

10.4 California Residents

Under Cal. Civ. Code § 1789.3, California residents may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs, 1625 North Market Blvd., Suite N-112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

10.5 Export Controls and Sanctions

You may not use or export the Services in violation of U.S. export control or sanctions laws. You represent that you are not located in an embargoed jurisdiction and are not listed on any U.S. government list of prohibited or restricted parties.

10.6 Governing Law and Venue

These Terms are governed by the laws of the State of California [ confirm ], without regard to conflict of laws rules. The proper venue for any dispute not subject to arbitration is the arbitration venue in Section 9.2, or if arbitration does not apply, the state and federal courts located in Los Angeles County, California [ confirm ]. Nothing in this Section deprives you of the protection of mandatory consumer-protection provisions of the law of the state in which you reside.

10.7 Miscellaneous

These Terms, together with the Privacy Policy and any financial privacy notice, are the entire agreement between you and the Company regarding the Services and supersede all prior agreements on this subject. If any provision is held unenforceable, it will be severed and the remaining provisions will remain in effect. We may assign these Terms; you may not assign them without our prior written consent. No waiver of any breach is a waiver of any other breach. Headings are for reference only. The Services are operated from the United States.

10.8 How to Contact Us

NOIR Holdings, Inc., [ postal address ], [ phone ], shay@mochifinance.com.