General Terms of Service

Effective as of November 25, 2022

By using the Services, you also agree to the Service Specific Terms applicable to the respective Service(s). If there is any conflict or inconsistency between clauses in the Terms and Service Specific Terms, the Service Specific Terms govern and apply in relation to that specific Service(s).

•use, assist, encourage, or enable others to use the Services/Websites for any unlawful, illicit, illegal, criminal, or fraudulent activities, including but not limited to port scanning, sending spam, sending opt-in email, scanning for open relays or open proxies, sending unsolicited email or any version or type of email sent in vast quantities even if the email is routed through third-party servers, any pop-up launching, use of stolen credit cards, credit card fraud, financial fraud, cryptocurrency fraud, cloaking, extortion, blackmail, kidnapping, rape, murder, sale of stolen credit cards, sale of stolen goods, offer or sale of prohibited and dual-use goods, offer or sale of controlled substances, identity theft, hacking, pharming, phishing, scraping in any form or scale, digital piracy, conduct distributed denial-of-service (DDoS) attacks, and other similar activities;

•use the Services/Websites for any military purpose, including cyber warfare, weapons development, design, manufacture, or production of missiles, nuclear, chemical or biological weapons;

•assault, interfere, gain unauthorized access, deny service in any way or form to any other network, computer, or node through our Services/Websites;

•exploit children in any way, including audio, video, photography, digital content, etc.;

•violate, infringe, or misappropriate MogoTech, our licensors and/or any other third parties' copyright, other intellectual property rights, privacy, or other legal rights;

•communicate, transmit, store, make available, share anything that is illegal, abusive, harassing, or otherwise objectionable;

•transmit any viruses or other computer codes, files, programs, instructions, or technological means that disrupt, damage, or interfere with the use of computers or related systems;

•attempt to circumvent any technological measure and/or arrangement implemented by MogoTech and/or its licensors, or by the owner of the resource or the source of the material that the technological measure protects;

•interfere with or disrupt the integrity or performance of the Service/Websites;

•take any action that imposes or may impose an unreasonable or disproportionately large load on our infrastructure;

•sublicense, sell, resell, transfer, assign, distribute, or otherwise commercially exploit or make available to any third party the Services, Subscription, and/or Account in any way;

•use any robot, spider, scraper, or other automated means to access our Websites or Services for any purpose without our prior written permission;

•build a product using similar ideas, features, functions, or graphics of the Service/Websites or copy any ideas, features, functions, or graphics of the Services/Websites;

•claim that you are the representative or agent of any of the Services, including any of its functionality;

•threaten, stalk, harm, or harass others, or promote bigotry or discrimination;

•attempt to gain unauthorized access to the Services, Accounts, computer systems, or networks connected to the Services through hacking, password mining, brute force, or any other means;

•violate general ethical or moral norms, good customs, and fair conduct norms;

•use the Services/Websites for anything other than lawful purposes;

•consistently demonstrate unrespectful, threatening, offensive, and/or malicious behavior when communicating with MogoTech customer support and/or other employees;

•access and use the Services if you have been or are prohibited to access the Services, or if your Account has been suspended or terminated due to any reason;

•share non-public features or content of the Software and/or Services with any third party;

•to the extent permitted under applicable law, otherwise violate or attempt to evade, or circumvent these Terms.

Any conflict, claim or controversy arising out of or in connection with the breach, termination, performance, interpretation or validity of these Terms and Conditions or the use of MogoTech’s websites or MogoTech Passenger shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (“SIAC”) in accordance with the Arbitration Rules of the SIAC for the time being in force, which rules are deemed to be incorporated by reference in this clause. The number of arbitrators shall be one. The seat, or legal place, of arbitration shall be Singapore. The language to be used in the arbitral proceedings shall be English. The decision of the arbitrator shall be final and binding on the Parties, save in respect of manifest error. The costs of the arbitrator shall be borne equally between the Parties or as the arbitrator otherwise directs. The User hereby expressly and irrevocably waives his right to submit the dispute to the courts or arbitral tribunals of any other jurisdiction.

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.