Terms of Service
Last modified: October 23rd, 2014
These Terms of Service shall serve as an agreement (the “Agreement”) between Mobinee LLC (“Mobinee”) and the Mobinee client (“Client” or “You” or “Your”), hereafter collectively referred to as the “Parties” or “Party”.
By using any Mobinee, designed web site, mobile website, web platform, product, toolbars,widgets, applications or distribution channels from which we may operate, marketing material, sales training course, subscription, or our services (including without limitation the software, programs, conversion technology, tools, components, upgrades, updates and all related applications, available now or in the future, collectively our “Services”), you are agreeing to be bound by the following terms and conditions (“Terms of Service”).
BY ACCEPTING THIS AGREEMENT, EITHER BY COMPLETING THE ONLINE APPLICATION PROCESS, BY CLICKING A BOX INDICATING YOUR ACCEPTANCE OR BY USING A SERVICE THAT REFERENCES THIS AGREEMENT, YOU AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS AND CONDITIONS. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE THE SERVICES.
Mobinee reserves the right to update and change this Agreement from time to time without notice. You can review the most current version of this Agreement any time at: http://www.mobinee.com/terms/.
2. Service Terms
- You must be 18 years or older to use this Service.
- You must provide Your legal full name, a valid email address, payment details, and any other information requested in order to complete the registration process.
- You are responsible for all trade-marks, logos, design, media, text, graphics, animations, audio components, video components, photos or any other information (hereinafter collectively referred to as “Content”) posted and activity that occurs under Your Service (even when Content is posted by others who have access to Your Service).
- You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in Your jurisdiction (including but not limited to copyright laws)
- You must be a human. Service registration or access by “bots” or other automated methods are not permitted.
Violation of any of the terms will result in the termination of Your Service. While Mobinee prohibits such conduct and Content on the Service, You understand and agree that Mobinee cannot be responsible for the Content posted on the Service and You nonetheless may be exposed to such materials. You agree to use the Service at Your own risk, and to hold Mobinee harmless for any loss, misconduct, or unauthorized use of the Service.
If any unauthorized use occurs, Mobinee may hold You or any party that You have assigned liable for any loss or damage that are a result of the breach of this Agreement.
3. Service and Password Security
You are responsible for maintaining the confidentiality of Your Service password, and are responsible for all activities that occur under Your Service. You agree to immediately notify Mobinee of any unauthorized use of Your password or Service or any other breach of security, which includes but is not limited to computer viruses, Trojan horses, spyware, malware, adware, hacking, and other malicious or unwanted means expressly or impliedly prohibited by, or inconsistent with, any provision of this Agreement.
Mobinee reserves the right to revoke access to the Service, at its sole option and discretion and without notice to You, if any misuse or foul play occurs or is suspected within the system.
Mobinee will not be liable for any loss or damage arising from Your failure to provide us with accurate information or to keep Your password secure.
4. Pricing and Modifications to the Service
You will be charged an initial one-time startup fee (hereinafter referred to as “Startup Fee”) which covers the initial setup period of up to thirty (30) days for the Service selected by You (hereinafter referred to as “Startup Period”) and includes the following Services:
- Full website audit,
- Set up of accounts, folders, and reports,
- Research of Your business model, customers, market sector, and sharing of strategic information,
- Design of an ROI focused approach unique to Your business and with the goal to increase sales,
- Research of the technical platform that you are using and its capabilities
In addition to the one-time Startup Fee, Mobinee will charge You a monthly fee for the continuing Service (hereinafter referred to as “Monthly Fee”) which will vary with the type of plan and actual monthly Service rendered by Mobinee. All fees are subject to change at any time. We will notify You in advance of any fee changes.
Mobinee shall not be liable to You or to any third party for any modification, price change, suspension or discontinuance of the Service.
From time to time, Mobinee may issue an update to the Mobinee application which may add, modify, and/or remove features from the Service. These updates may be pushed out automatically with little or no notice, although Mobinee will attempt to notify You in advance of an upcoming update, including details on what the update includes, whenever possible.
5. Payment Terms
A valid credit card or PayPal account is required to set up any type of Service with Mobinee.
By signing up to use any of Mobinee’s Service, You hereby authorize Mobinee to draw an initial payment from Visa, MasterCard or PayPal to cover the one-time Startup Fee and, starting up to thirty (30) days thereafter, to draw monthly automatic recurring payments from Visa, MasterCard or PayPal, covering all Monthly Fees and all other applicable payments to Your Service.
After the initial six (6) or twelve (12) month minimum subscription term commitment (based on selected Service program), all subscriptions to any Mobinee Service will renew automatically on a monthly basis (hereinafter referred to as “Monthly Fee”), and recurring Monthly Fee payments, where applicable, will continue until notice of cancellation is received by Mobinee in writing at least thirty days prior to the end of your current Monthly Fee date. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and You shall be responsible for payment of all such taxes, levies, or duties.
Mobinee reserves the right to revoke access to Service if Your balance is overdue or invoices are not paid in full. If for any reason You default on Your contracted payment obligations, You hereby authorize Mobinee or its assignee to collect the outstanding monies, plus service charges and interest, in any method available to Mobinee. You shall indemnify Mobinee for all collection or legal fees incurred by Mobinee in order to satisfy Your payment defaults.
6. Cancellation and Termination
Except as offered above under Refund Policy, You may cancel this Agreement at any time after the initial six (6) month or twelve (12) month minimum subscription term commitment, whichever is applicable, and after all obligatory payments have been made to Mobinee, following which Mobinee shall not be required to render any further Service as per the terms of this agreement.
You are solely responsible for canceling Your Service. Your Mobinee membership will continue in effect unless and until You cancel Your membership or we terminate it. You can cancel Your Service by clicking on the “Billing” tab inside the Service web platform.
You must cancel Your membership at least twenty (20) days prior to the end of your current Monthly Fee date in order to avoid billing for the following Monthly Fee’s fees. If You cancel the Service at least twenty (20) days before the renewal of Your next Monthly Fee, Your cancellation will take effect immediately and You will not be charged after the end of your present Monthly Fee. However, You will still be able to access the Service until Your current Monthly Fee expires.
Upon cancellation and after Your current Monthly Fee expires, Your Content will be deleted from the Service. This Content cannot be recovered once it is deleted.
Any questions in regards to cancellations should be directed to email@example.com. Cancellations by phone or sent to any other email address will not be accepted.
7. Termination by Mobinee
Mobinee, at its sole discretion, has the right to suspend or terminate Your Service and refuse any and all current or future use of the Service, or any other Mobinee Service, for any reason at any time.
Such termination of the Service will result in the deactivation or deletion of Your Service or Your access to Your Service, and the forfeiture and relinquishment of all Content in Your Service.
Mobinee reserves the right to refuse Service to anyone for any reason at any time.
In the event of a cancellation and/or termination of Your Service, Mobinee will not be held responsible or liable for any damages that You or Your clients incur as a result of any agreements made between You and Your clients.
Upon expiration or termination of this Agreement: (a) You shall return or, at Mobinee’s request, destroy all confidential information, and (b) other than as provided herein, all rights and obligations of each Party under this Agreement, exclusive of the Service, shall survive.
8. Transfer of Customers upon Expiration or Termination
Upon expiration or termination of this Agreement and before Your current Monthly Fee expires and at the written request of Client, Mobinee agrees to provide to Client, at a reasonable expense, all of Client’s Content and necessary information, including customer contact details.
As stated above, upon cancellation and after Your current Monthly Fee expires, Your Content will be deleted from the Service. This Content cannot be recovered once it is deleted.
Mobinee will host Your Service with a premium Internet hosting provider. You will be granted access to Your Service from our website (http://www.Mobinee.com), and any sub-domains associated with the particular Service. Mobinee will make reasonable efforts to monitor the up-time of the hosting account, but does not guarantee or warrant its reliability due to various external Internet factors.
10. Client Support
Client and technical support is only available via email or our support forum. The technical support email address is support@Mobinee.com.
Mobinee will make the best efforts to respond to all reasonable requests in a timely manner. You understand that Mobinee will not be held liable for any loss or misfortune that may occur from support or technical recommendations, or the time at which it may take for the support or technical issue to be addressed.
11. Copyright and Content Ownership
We claim no intellectual property rights over the material You provide to the Service. Your profile and materials uploaded remain Yours. However, by using the Mobinee Service, You agree to allow others to view and share Your Content.
Mobinee does not pre-screen Content, but Mobinee and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.
You shall be solely responsible for securing and paying for all digital Content licenses and any other Trademark or Copyright licenses from Content owners (or their agents) required in connection for You to use in connection with the Mobinee Service.
Mobinee does not warrant that (i) the Service will meet Your specific requirements, (ii) the Service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Service will be accurate or reliable, (iv) the quality of any products, Service, information, or other material purchased or obtained by You through the Service will meet Your expectations, and (v) any errors in the Service will be corrected.
You expressly understand and agree that Mobinee shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Mobinee has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service; (iii) unauthorized access to or alteration of Your transmissions or data; (iv) statements or conduct of any third party on the Service; or (v) or any other matter relating to the Service.
14. Limited Warranty and Limitation of Damages
Mobinee makes no warranty, and You hereby waive and disclaim any other warranty, representation, or condition of any kind or nature, express or implied, verbal or written, statutory or otherwise, including, without limitation, any warranty representation or condition of merchantability or fitness for purpose. You acknowledge that Mobinee will make reasonable efforts, but does not warrant that the Service will work on all mobile platforms. You acknowledge that Mobinee is not responsible for the results obtained by Your clients on their Mobile Websites.
In every circumstance, Mobinee will have no liability for any damage, loss of productivity, or loss or alteration of matter detrimental to Your client’s property due to the use of third-party software or hardware installed or recommended by Mobinee.
You represent and warrant that any Content provided to Mobinee so that Mobinee may carry out the terms of this Agreement does not violate the rights of any third party, whether arising by agreement or by operation of law. You hereby (i) grant to Mobinee a license to use any such works or intellectual property attaching to such works; and (ii) waive any and all moral rights in association with any such works provided to Mobinee. You further represent and warrant that such license and waiver of moral rights does not violate any rights of any third party.
15. Client Indemnification and Liability
You agree to indemnify, save and hold harmless Mobinee from any and all damages, liabilities, costs, losses or expenses arising out of any claim, demand, or action by a third party arising out of any breach of Your responsibilities or obligations, representations or warranties under this Agreement.
You waive any claim for damages of any kind or nature against Mobinee and agree that Your sole and exclusive remedy for damages (either in contract or tort) is the return of the price paid to Mobinee limited to a total value of $1,200.
16. Ownership Rights
Client shall own and retain all rights to the Content provided by Client, which includes all Content. Mobinee shall own all rights, title, and interest in and to all other elements, materials, data, graphics, and code of the Service including all interfaces, navigational devices, menus, menu structures or arrangements, icons, help and other operational instructions, and all other components of any source or object computer code that comprise the Service, all literal and non-literal expressions of ideas that operate, cause, create, direct, manipulate, access, or otherwise affect the Service and design elements. You shall not do anything that may infringe upon or in any way undermine Mobinee’s right, title, and interest in the Service or any other intellectual property held by Mobinee. Mobinee reserves the right to display any portion of Your publicly available Service for the purpose of displaying rendered work to other potential customers or for marketing purposes.
17. Intellectual Property
Each Party acknowledges that in connection with this Agreement it may have access to proprietary information of the other Party, including but not limited to trade secrets, data, processes, technical information, business knowledge, pricing, service providers, hosting providers, technology partners, research and development and marketing strategies (hereinafter collectively referred to as “Confidential Information”). You acknowledge that the disclosure of Confidential Information in any manner would be highly detrimental to the interest of Mobinee. You agree that the right to maintain such Confidential Information constitutes a proprietary right, which Mobinee is entitled to protect. Accordingly, You, Your agents and Your employees agree that they cannot disclose or permit (either during this Agreement or thereafter) the disclosure any Confidential Information to any person, or use or permit the use of same, for any purposes other than those of the owner of such information. You shall not use any Confidential Information of Mobinee except as may be necessary to perform your respective obligations under this Agreement. Notwithstanding the foregoing, Confidential Information shall not include any information that is in the public domain or becomes publicly known through no fault of You.
18. General Policies
Your use of the Service is at Your sole risk. The Service is provided on an “as is” and “as available” basis.
You understand that Mobinee uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, or any other Mobinee Service.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written consent by Mobinee.
Mobinee may, but has no obligation to, remove Content and Service containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or this Agreement.
Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Mobinee Client, employee, member, or officer will result in immediate Service termination.
You understand that the technical processing and transmission of the Service, including Your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.
You must not transmit any worms or viruses or any code of a destructive nature.
Mobinee may assign all of its rights, interests and obligations pursuant to this Agreement to any person or Company without Your consent. You shall not assign or transfer any of Your right or obligations pursuant to this Agreement without the prior express written consent of Mobinee.
If any provision of this Agreement is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part thereof and the remaining part of such provision and all other provisions hereof shall continue in full force and effect.
22. Independent Legal Advice
You acknowledges that You have had the opportunity (whether taken or not) to seek independent legal advice with respect to this Agreement.
This Agreement shall be governed by and construed in accordance with the laws of the state of Nevada, USA.
24. Entire Agreement
This Agreement shall insure to the benefit of and by binding upon each Party and its heirs, executors, administrators and permitted successors and assigns.
The failure of Mobinee to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
This Agreement constitutes the entire agreement between You and Mobinee with respect to the subject matter hereof and cancel and supersedes all prior and contemporaneous agreements, understandings, negotiations and discussions, whether oral or written (including, but not limited to, any prior versions of this Agreement) between the You and Mobinee with respect thereto.
25. Contact Us
Questions about the Terms of Service should be sent to firstname.lastname@example.org.