Mobimatic Terms & Conditions
The following terms and conditions govern all use of the Mobimatic.io website and all content, services and products available at or through the website (collectively, the “Service”).
The Service is owned and operated by Mobisoft Incorporated. (“Mobisoft Incorporated”).
Please read this Agreement carefully before accessing or using the Service.
By subscribing or by making an online payment for any part of our 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 access the Service or use any services. If these terms and conditions are considered an offer by Mobisoft Incorporated, acceptance is expressly limited to these terms. The Service is available only to individuals who are at least 13 years old.
1.1 Your Mobimatic.io Account and Site. If you create a social network or mobile application on the Service, you are responsible for maintaining the security of your account and blog, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the blog. You must not describe or assign keywords to your social network in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Mobisoft Incorporated. may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Mobisoft Incorporated. liability. You must immediately notify Mobisoft Incorporated of any unauthorized uses of your social network, your mobile application, your account or any other breaches of security. Mobisoft Incorporated. 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.
1.2 Responsibility of Contributors. If you operate a social network, operate a mobile application, post material to the Service, post links on the Service, or otherwise make (or allow any third party to make) material available by means of the Service (any such material, “Content”) or other services, 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;
if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
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, libelous or defamatory (more info on what that means), 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 social network or mobile application is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, blogs and web sites, and similar unsolicited promotional methods;
your social network or mobile application is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your social network’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 social network or otherwise.
By submitting Content to Mobisoft Incorporated for inclusion on any services or applications provided by Mobisoft Incorporated, you grant Mobisoft Incorporated 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 social network or mobile application. If you delete Content, Mobisoft Incorporated will use reasonable efforts to remove it from the Service, but you acknowledge that caching or references to the Content may not be made immediately unavailable. Without limiting any of those representations or warranties, Mobisoft Incorporated. has the right (though not the obligation) to, in Mobisoft Incorporated’s sole discretion (i) refuse or remove any content that, in Mobisoft Incorporated’s reasonable opinion, violates any Mobisoft Incorporated policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Service to any individual or entity for any reason, in Mobisoft Incorporated’s sole discretion. Mobisoft Incorporated will have no obligation to provide a refund of any amounts previously paid.
1.3 Payments Policy. User agrees to either a one (1) month or yearly (12) month or custom app development contract agreement with Mobimatic. User can opt to upgrade or downgrade their service agreement to any other contract agreement that Mobimatic is currently offering for sale at any time during User’s contract term. Any plan downgrades will take effect when your next billing cycle begins. In the case of an upgrade, you will be charged for the difference in the cost of the two contracts over the remainder of the original contract term. At the end of the contract term, the contract will automatically renew indefinitely until explicitly cancelled. Cancellation must be issued via Mobimatic’s support addresses. Any cancellation must be done three (3) days prior to the end of the contract term to allow for adequate processing time.
1.4 Refund Policy. If you cancel your services, your cancellation takes effect on your next billing cycle. This means we won’t be able to refund you for early contract cancellation. All Mobimatic accounts begin an obligation-free trial which will allow you to evaluate the service. No credit card information is collected to initiate a trial account, and charges will only be applied after explicit account purchase. Please sign up for a monthly payment schedule if you are unsure of how long you will be using the service. If you have a question about charges made to your account, please contact us immediately. If the charges were made in error, we will immediately credit your account or credit card account for the appropriate amount. Mobisoft Incorporated has a zero tolerance policy for fraudulent chargebacks. Any customer who disputes a credit card payment that is found to be valid will be permanently blacklisted and barred from use of the Service. Any past due fees and costs will be sent to collections. If our collection efforts fail, unpaid debts will be reported to all available credit reporting agencies.
1.4.1 All Apps made using the system, once created, cannot be cancelled and full payment will be debited from the credit card account of the subscriber immediately. Requests made by the subscriber for refund shall not be entertained by the system.
1.5 Responsibility of Service Visitors. Mobisoft Incorporated has not reviewed, and cannot review, all of the material, including computer software, posted to the Service, and cannot therefore be responsible for that material’s content, use or effects. By operating the Service, Mobisoft Incorporated 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. The Service may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Service may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Mobisoft Incorporated disclaims any responsibility for any harm resulting from the use by visitors of the Service, or from any downloading by those visitors of content there posted.
1.6 Content Posted on Other Services. We have not reviewed, and cannot review, all of the material, including computer software, made available through the services and webpages to which Mobimatic.io links, and that link to Mobimatic.io. Mobisoft Incorporated does not have any control over those non-Mobimatic services and webpages, and is not responsible for their contents or their use. By linking to a non-Mobimatic website or webpage, Mobisoft Incorporated does not represent or imply that it endorses such website or webpage. 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. Mobisoft Incorporated disclaims any responsibility for any harm resulting from your use of non-Mobimatic websites and webpages.
1.7 Copyright Infringement and DMCA Policy. As Mobisoft Incorporated 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 Mobimatic.io or any Mobisoft Incorporated social network or mobile application violates your copyright, you are encouraged to notify Mobisoft Incorporated in accordance with Mobisoft Incorporated’s Digital Millennium Copyright Act (”DMCA”) Policy. Mobisoft Incorporated will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of Mobisoft Incorporated or others, Mobisoft Incorporated may, in its discretion, terminate or deny access to and use of the Service. In the case of such termination, Mobisoft Incorporated will have no obligation to provide a refund of any amounts previously paid to Mobisoft Incorporated.
Intellectual Property. This Agreement does not transfer from Mobisoft Incorporated to you any Mobisoft Incorporated or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Mobisoft Incorporated , Mobimatic, Mobimatic.io, the Mobimatic.io logo, and all other trademarks, service marks, graphics and logos used in connection with Mobimatic.io, or the Service are trademarks or registered trademarks of Mobisoft Incorporated’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Service may be the trademarks of other third parties. Your use of the Service grants you no right or license to reproduce or otherwise use any Mobisoft Incorporated or third-party trademarks.
1.8 Changes. Mobisoft Incorporated reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Service following the posting of any changes to this Agreement constitutes acceptance of those changes. Mobisoft Incorporated may also, in the future, offer new services and/or features through the Service (including, the release of new tools and resources and modification as well as termination of released features). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
1.9 Termination. Mobisoft Incorporated may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Mobimatic.io account (if you have one), you may simply discontinue using the Service. Mobisoft Incorporated can terminate the Service immediately as part of a general shut down of our service. 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.
1.10 Disclaimer of Warranties. The Service is provided “as is”. Mobisoft Incorporated 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 Mobisoft Incorporated nor its suppliers and licensors, makes any warranty that the Service 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 Service at your own discretion and risk.
1.11 Limitation of Liability. In no event will Mobisoft Incorporated, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Mobisoft Incorporated under this agreement during the twelve (12) month period prior to the cause of action. Mobisoft Incorporated 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.
1.13 Indemnification. You agree to indemnify and hold harmless Mobisoft Incorporated, 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 Service, including but not limited to your violation of this Agreement.
1.14 Miscellaneous. This Agreement constitutes the entire agreement between Mobisoft Incorporated and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Mobisoft Incorporated, or by the posting by Mobisoft Incorporated of a revised version of this Agreement. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Service will be governed by the laws of the state of New York, U.S.A., 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 state and federal courts located in New York, U.S.A. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration
1.15 User Generated Apps: All apps created on our platform are User Generated Apps, Mobimatic does not endorse and has no control over User Generated Apps submitted by you or others and accepts no responsibility whatsoever in connection with or arising therefrom. User Generated Content App created through the Site is not necessarily reviewed by Mobimatic prior to posting in Market Place and does not necessarily reflect the opinions or policies of Mobimatic. If at any time Mobimatic chooses, in its sole discretion, to monitor the Marketplace, Mobimatic nonetheless assumes no responsibility for User Generated Apps, no obligation to modify or remove any inappropriate or inaccurate User Generated Apps, and no responsibility for the conduct of the user submitting any User Generated App. Mobimatic makes no warranties, express or implied, as to the suitability, accuracy or reliability of any Content and other materials on the Marketplace. Nonetheless, Administrator reserves the right to prevent you from submitting User Generated App and to edit, restrict or remove any User Generated App for any reason at any time. You agree that Administrator shall accept no liability if we prevent, in our sole discretion, your User Generated App from being submitted, or we edit, restrict or remove it. You also agree to permit any other user of this Site and any third-party website on which your User Generated App may be included, to access, view, store and reproduce the material for such user’s personal use.
Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Nebraska, USA in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. 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. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Mobisoft Incorporated may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.