Mobilosoft

Terms of Service

 

The gist:

Mobilosoft runs a DIY-development and hosting service for mobile web sites called Mobilosoft and would love you to use it. We charge our service according to the number of stores registered in our system: “X”/€ per month per shop. “X” will vary according to the number of shops you have.  This price includes the use of all our features as well as domain hosting. Our service is designed to give you as much control and ownership over what goes on your mobile site as possible and encourages you to express yourself freely. However, be responsible in what you publish. In particular, make sure that none of the prohibited items listed below appear on your mobile site or get linked to from your mobile site (things like spam, viruses, or hate content).

If you find a Mobilosoft.com site that you believe violates our terms of service, please contact us via info@mobilosoft.com.

 

Terms of Service:

 

The following terms and conditions govern the Services you purchase from Us at or through the Website. The Website is owned and operated by Mobilosoft s.p.r.l., with registered office  at 1490 Court-Saint-Etienne, avenue des Combattants 257B, with company number 0830.993.852 (‘Mobilosoft’, ‘We’, ‘Us’, ‘Our’). Our Services are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on this Website by Mobilosoft, which will form, together with the subscription form, the sole and entire agreement between the parties (collectively, the “Agreement”). By accepting these Terms of Use, you agree that in no event any of your standard terms and conditions of purchase will apply.

Please read this Agreement carefully before subscribing to any Service. By subscribing to any Service, you agree to become bound by the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, then you may not subscribe to any Services. If these terms and conditions are considered an offer by Mobilosoft, acceptance is expressly limited to these terms. Our Services are available only to professional users (whether companies or merchants) and not to consumers.

    1- Your mobilosoft.com Account and Site. If you create your own mobile site using the Services available on the Website, you are responsible for maintaining the security of your account and mobile site, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the mobile site. You must not describe or assign keywords to your mobile site in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others. Mobilosoft does not intend to actively monitor the Content of you mobile site, but it reserves the right to
    (i) change or remove any Content that it considers inappropriate or unlawful, or otherwise likely to cause liability, or
    (ii) to terminate or deny access to and use of the Service, your mobile site or Website to any individual or entity for any such reason. You must immediately notify Mobilosoft of any unauthorized uses of your mobile site, your account or any other breaches of security. Mobilosoft will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
     
    2- Our Services. Our Services consist of two parts. Firstly we offer you the possibility to build your own mobile site, using the templates and features that We put at your disposal on our Website. Secondly, we will host your mobile site in accordance with the terms and conditions agreed in the subscription form. We offer different packages of Services depending on your needs in terms of users, locations and anticipated visits etc. The details regarding the package of Services that you have purchased shall be listed in the subscription form.

 

    3- Responsibility of Contributors. If you operate a mobile site, comment on a mobile site, post material to the mobile site, post links on the mobile site, or otherwise make (or allow any third party to make) material available by means of the mobile site (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
  • the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
  • you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
  • the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
  • the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
  • the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
  • your mobile site is not getting advertised via unwanted electronic messages such as spam links on newsgroups, sms lists, email lists, other blogs and web sites, and similar unsolicited promotional methods;
  • your mobile site is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your mobile site’s URL or name is not the name of a person other than yourself or company other than your own; and
  • you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Mobilosoft or otherwise.
  1. By submitting Content to your mobile site, you grant mobilosoft a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your mobile site. If you delete Content, Mobilosoft will use reasonable efforts to remove it from the mobile site, but you acknowledge that caching or references to the Content may not be made immediately unavailable.

    2.  
    4- Payment and Renewal.

    General Terms.
  • Our Services are available on the Website. By selecting a Service, you agree to pay Mobilosoft the monthly or annual subscription fees indicated for that Service. Payments will be charged on a yearly pre-pay basis on the day you sign up for the Service and will cover the use of that Service for the subscription period as indicated.

    • Automatic Renewal.

  • Unless you notify Mobilosoft thirty (30) days before the end of the applicable subscription period that you want to cancel your subscription, your subscription will automatically renew and you authorize us to collect the then-applicable subscription fee for it (as well as any taxes) using any credit card or other payment mechanism we have on record for you.
     
    5- Responsibility for the content of your mobile site. Mobilosoft has not reviewed, and cannot review, all of the material, including computer software, posted to your mobile site, and cannot therefore be responsible for that material’s Content, use or effects. By hosting your mobile site, Mobilosoft does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Mobilosoft disclaims any responsibility for any harm resulting from the use by visitors of the mobile site, or from any downloading by those visitors of content there posted.
     
    6- Copyright Infringement. As mobilosoft asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by mobilosoft.com violates your copyright, you are encouraged to notify Mobilosoft by sending an email to info@mobilosoft.com; Mobilosoft will respond to all such notices, including as required or appropriate by removing the infringing material, disabling all links to the infringing material or terminating the Agreement in accordance with the terms of section 11 (Termination).
     
    7- Intellectual Property. This Agreement does not transfer from Mobilosoft to you any Mobilosoft or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Mobilosoft. Mobilosoft, Mobilosoft.com, Mobilosoft logo, and all other trademarks, service marks, graphics and logos used in connection with mobilosoft.com, or the Website are trademarks or registered trademarks of Mobilosoft or Mobilosoft’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Mobilosoft or third-party trademarks.
     
    8- Advertisements. Mobilosoft reserves the right to display a Mobilosoft advertisements on your mobile site unless you have purchased an Ad-free Upgrade.
     
    9- Domain Names. If you are registering a domain name, using or transferring a previously registered domain name, you acknowledge and agree that use of the domain name is also subject to the policies of the Internet Corporation for Assigned Names and Numbers (« ICANN »), including their Registration Rights and Responsibilities.
     
    10- Changes.Mobilosoft reserves the right, at its sole discretion, to modify or replace any part of this Agreement from time to time. We will notify you of any such changes, and these changes will become effective as from the renewal date of your subscription period. Mobilosoft may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). The use of such new features and/or services shall be subject to the terms and conditions of this Agreement.
     
    11- Termination. 
    Termination for breach – Mobilosoft may suspend the Services or terminate this Agreement at any time upon serving notice with immediate effect, if you breach this Agreement and fail to cure such breach (if curable) within thirty (30) days from Mobilosoft’s notice requesting to do so. In the case of such termination, Mobilosoft will have no obligation to provide a refund of any amounts previously paid to Mobilosoft.
    Termination for convenience - Mobilosoft may furthermore terminate this Agreement for convenience at any time, by serving thirty (30) days’ notice. In such case, Mobilosoft shall refund the pre-paid fees for the remaining part of the subscription period on a pro-rated basis.
    Termination for shut down of Service - Finally, Mobilosoft can terminate the Agreement immediately as part of a general shut down of our Service.
    General - All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
     
    12- Disclaimer of Warranties. The Website and the Services are provided « as is ». Mobilosoft and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Mobilosoft nor its suppliers and licensors, makes any warranty that the Website or your mobile site will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
     
    13- Limitation of Liability. In no event will Mobilosoft, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement, whether on a contractual or extra-contractual basis  for: (i) any indirect damages, including loss of profit, loss of clients, loss of anticipated savings; (ii) the cost of procurement for substitute services; (iii) for interruption of use or loss or corruption of data; and/or (iv) for any amounts that exceed the fees paid by you to Mobilosoft under this agreement during the twelve (12) month period prior to the cause of action. Mobilosoft shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
     
    14- General Representation and Warranty. You represent and warrant that (i) your use of the Website, the Services or the mobile site will be in strict accordance with the  applicable data protection law (including without limitation any applicable local laws or regulations regarding online conduct and acceptable content, and (ii) your use of the Website, the Services or the mobile site will not infringe or misappropriate the intellectual property rights of any third party.
     
    15- Indemnification. You agree to indemnify and hold harmless Mobilosoft, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, the Services or the mobile site, including but not limited to your violation of this Agreement.
     
    16- Miscellaneous. This Agreement together with the subscription form constitutes the entire agreement between Mobilosoft and you concerning the subject matter hereof, and, without prejudice to section 10 (Changes) it may only be modified in case both parties have expressly agreed to the change. This Agreement, any access to or use of the Website or the Services will be governed by the laws of Belgium, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the courts located in Brussels, Belgium.
     
    If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.  Mobilosoft may assign its rights under this Agreement without condition.