Terms and Conditions
Version: 2.0 - July 1, 2020
PLEASE READ THE FOLLOWING AGREEMENT (TERMS & CONDITIONS) CAREFULLY. By subscribing to these services, the Client hereby agrees and adheres to the terms and conditions and be bound by THE TERMS AND CONDITIONS. You further agree and accept that the Company assumes no responsibility for the nature or content of anything contained on the Web site, chatbot, app, or any other service provided and disclaims all liability in respect of such nature or content. Use of this site is strictly subject to the Terms and Conditions.
If the Client does not agree to these terms, please do not subscribe to the Company services.
1. THE SERVICES
The company offers an online platform for digital marketing campaigns that include a website building tool to create mobile websites, hosting services, e-commerce and m-commerce solutions, chatbots, Facebook apps and all the other services to which each client has access to ("The Services"). For using or subscribing to these Services, the user/client has to enter into a legal agreement with the Company.
The Client has to be a legal entity or a natural person or an organizational unit without legal personality, with the capacity to acquire rights and incur obligations. The User must be eighteen or over or represented by someone eighteen or over to subscribe to the Services. Subscription in the Services is void where prohibited. By using the Site, the Client represent and warrant that the Client have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.
3. ACCEPTANCE OF TERMS
The Services are provided by the Company, which provides its services to the USER, subject to the following Terms and Conditions.
4. DESCRIPTION OF SERVICES
Company will provide Client with the Services ordered during the sign up process. The Company strives for 99.9% uptime, so that Customers can create & edit anytime their digital marketing campaigns. However, the service may be unavailable for short periods of time due to maintenance and upgrading. While the Services are unavailable, Customers will not be able to use it to create or edit their sites and campaigns. In order to access certain services, the Client may be required to provide current, accurate identification, contact, and other information as part of the registration process and/or continued use of the Services. If the Company believes that the details are not correct, current, or complete, or otherwise in its discretion believes such action would be appropriate (including where it suspects the registration of multiple accounts/user profiles by the same individual), it has the right to refuse user's access to the site, and/or any of its resources, Services and Site content, and to terminate or suspend user's account (if any). The client is responsible for maintaining the confidentiality of their account password and is responsible for all activities that occur under their account. The client agrees to immediately notify the Company of any unauthorized use of his password or account or any other breach of security. The Company cannot and will not be liable for any loss or damage arising from client's failure to provide it with accurate information or to keep the password secure.
5. SUBSCRIPTION, PRICING AND PAYMENT/CANCELLATION/NO REFUNDS CANCEL ANYTIME
At the time of initial registration, the Client will select one of the available plans to which the Client wish to subscribe. All subscriptions to Services are subject to acceptance by the Company. The Client subscription to the Services will be deemed accepted by the Company when the Company delivers a confirmation of the subscription to the Client. The Company reserves the right to refuse to provide any Service for any reason. The pricing for all Services ("Fees") shall be the Company' then current pricing for such Services. After the Company' acceptance of the Client subscription to the Services, the Company will electronically deliver to the Client a schedule of the Fees. The payments will be made to the Company through Paypal or online credit card or pursuant any other methods set forth by the Company. In the event of a charge back by a credit card company (or similar action by another payment provider) or other non-payment by the Client in connection with the Client payment of the applicable service or subscription fee, the Client acknowledge and agree that the Service for which such fee has not been paid may be suspended, canceled or terminated, in the Company's sole discretion. All fees are non-refundable, in whole or in part, even if the Client service is suspended, cancelled or transferred prior to the end of the then-current service term. Anyhow the client is not obligated to pay any fees during the trial or free period as and when it is made available to the clients by the company. The agreement prohibits the Client from using the website once the Client unsubscribe from the service. We do not issue refunds unless it is system error which we have 3-5 BUSINESS DAYS to resolve, if it is on our end the issue. Cancel anytime by emailing us or through your payment provider. You would then be switched back to original plan (if any) after contacting us. WE REQUIRE 30 DAYS WRITTEN (EMAIL) NOTICE TO CANCEL ANY SUBSCRIPTION. NO REFUNDS.
6. RIGHTS TO THE WEB SITE AND CONTENT
The Client understands and agrees that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content") are the sole responsibility of the person from which such Content originated. The Company reserves the right, but shall have no obligation, to pre-screen, refuse or move any Content available via the Services. The Client agrees that the Client are responsible for the Client own conduct and any Content that the Client create, transmit or display while using the Services and for any consequences thereof. The Client agrees to use the Services only for purposes that are legal, proper and in accordance with the Terms of Service and any applicable policies or guidelines or law in force and not use any pirated content. The Client agrees that the Client will not engage in any activity that interferes with or disrupts the Services or servers or networks connected to the Services. The Company claims no ownership or control over any Content submitted, posted or displayed by the Client on or through the Services and shall not be liable for the same. The client or a third party licensor, as appropriate, retains all patent, trademark and copyright to any Content the Client submit, post or display on or through the Services and the Client are responsible for protecting those rights, as appropriate. You can not use the Migrate tool in any illegal way and Mobifirst and all its partners are in no way liable for your actions and will have no accountability if you abuse the tool and do anything considered illegal or copywrite infringment.
7. THE CLIENT FURTHER AGREES THAT:
He shall not upload, post, publish, distribute, disseminate or otherwise transmit any content that amounts to abuse, threat or defamation or harassment or involvement in a conduct that may directly or indirectly violate the rights of others, or otherwise be unlawful, harmful or invasive of the privacy of others.
He shall not upload, post, publish, distribute, disseminate or otherwise transmit anything that contains harmful, hateful, unlawful, defamatory, abusive or obscene, pornographic, profane, sexist, homophobic, defamatory, deceptive, vulgar, obscene or offensive content - ethnic, racist or religious slurs or derogatory epithets - advocation of violence, hate or unlawful activity - depictions of child abuse, child pornography or sexually suggestive poses, terror, racial, ethnical or political derogatory or otherwise objectionable material or content or information
He shall not upload, post, publish, distribute or otherwise transmit any content that the Client do not have a right to transmit under any law or under contractual or fiduciary relationships.
He shall not upload, post, publish or otherwise transmit or submit anything to the site that will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right.
He shall not upload, post or otherwise transmit any content that offers any pirated computer programs or links to such programs.
He shall not use the website in any manner or form that could possibly damage, impair or interfere with or disrupt the Company or servers or networks connected to the the Company including transmitting any material that contains viruses or other computer programming routines that are intended to damage, detrimentally interfere or intercept with any system, data or personal information, or attempting to gain unauthorised access to the Company, other's accounts on the Company through any means;
He shall not upload, post or otherwise transmit computer programs, files or other materials that contain destructive or disruptive features such as viruses, corrupted files, 'hidden' files or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or online communication generally.
He shall not use the website in any manner or form with the purpose of or motive to sell, distribute or promote firearms, weapons or controlled substances, make-money-fast schemes, pyramid or chain letters, fraudulent or otherwise criminal offers - to register another email address other than the Client own - to distort auctions or other markets (including public quoted securities markets) - to threaten or harass others or to disrupt discussions or impersonate any person or entity or create or falsify the identity of any person or otherwise misrepresent the Client association or affiliations with a person or entity, for the purpose of misleading others.
He shall not solicit in any form any information or personal information from anyone under the age of eighteen (18) years for commercial, unlawful or any illegal purposes or harm minors in any manner
He shall not intentionally or unintentionally violate any applicable local, state, national or international law, or regulation, legislations relating to Intellectual property rights, or those governing export control, unfair competition, discrimination or false advertising or any amendments or replacements of such laws or regulations.
He shall not engage in commercial activities that are deemed inappropriate by the Company. As such the Company has the right to remove or bar content/links/sponsorships/affiliate programs etc that they feel fall into this category.
8. NO RESPONSIBILITY
In addition, the Company in no way endorses or takes responsibility for any goods, services etc that are posted within sites. Any transactions therefore are strictly outside the remit of the Company. The Client agrees and acknowledges that the company takes no liability in respect of any content uploaded, posted, published or otherwise transmitted by the users.
You acknowledge that the Company does not pre-screen content, but that it has the right (but not the obligation) in its sole discretion to refuse or move any content that is available via the Company. Without limiting the foregoing, the Company shall have the right to remove any content that violates the TERMS & CONDITIONS or which is otherwise in its opinion, objectionable.
The Internet is a complex world-wide network consisting of tens of thousands of connecting points and networks and possibilities for outages both in and beyond our control can occur. The Company will not be held liable for network outages nor damages resulting from network outages.
11. LAW ENFORCEMENT COOPERATION
11. The Company retains the right (but is under no obligation) to co-operate with any law enforcement authorities or in response to court and other official requests directing it to disclose the identity of any user or user content.
12. LIMITED LICENSE TO THE BACKGROUND TECHNOLOGY
"Background Technology" means computer programming & formatting code or operating instructions developed by or for the Services and used to maintain the platform. Background Technology does not include any Client Content or any derivatives, improvements, or modifications of Client Content. Client may not duplicate or distribute any Background Technology to any third party without the prior written consent of the Company. All rights to the Background Technology not expressly granted to Client hereunder are retained by the Company.
Company agrees to provide reasonable technical support to Client during the Company's normal technical support hours. The Company additionally agrees to provide Client service support in the form of online help desk or e-mail during the Company' normal Client support hours. Our normal support hours are Monday-Friday, 9-5 (Pacific Time). Closed Saturday/Sunday/Holidays (US)
14. RESOURCE USAGE
The Company agrees to make every commercially reasonable effort to provide resources necessary to build and host as many digital marketing tools on its servers, providing CPU time, bandwidth and disk space that fits this requirement. However, in order to prevent uncontrolled growth in resource usage that could harm the availability of the service itself, the Company does place automated safeguards to protect against any one tool growing too quickly and adversely impacting the whole system until the Company can evaluate said tools resource needs. Moreover, the Company reserves the right to limit processor time, bandwidth, processes, or memory in cases where it is necessary to prevent negatively impacting other sites or the whole system itself.
15. TERM AND TERMINATION
(a) This Agreement is effective as of the Effective Date and shall continue unless terminated; (b)the Company may terminate this Agreement after seven (7) days' notice to Client if Client materially breaches this Agreement, including, without limitation, failure to pay, and fails to cure such breach during such seven (7) day period; and (c) upon the termination of this Agreement, Client will pay the Company for all Services provided to Client by the Company prior to termination
16. NO RESALE OF SERVICE
The Client agrees not to transmit, distribute, disseminate, upload, post, submit, share, store, reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Services, use of the Services, or access to the Services without the written permission of the service providers.
17. PROPRIETARY TOOL LIMITATIONS
The Services are offered through the proprietary tool and processes. Client agrees to work within the limitations of the proprietary tools used and the decision of the Company is final in any issue that might arise due to this.
18. DISCLAIMER AND WARRANTIES
Company warrants that the Company will perform the services in material conformity to the specifications contemplated hereunder in a professional and workmanlike manner. The warranties and representations hereunder will not extend or apply to any online tool modified by any party other than through the Services'. "Error" means any reproducible error, problem, or defect resulting from an incorrect functioning of the Background Technology that materially affects the functionality of the Web site. Except as expressly provided in this Agreement, the Services, web sites and all other digital tools are provided "as is," and the Company expressly disclaims all warranties and conditions of any kind, express, implied, or statutory, including, without limitation, the implied warranties of title, noninfringement, merchantability, and fitness for a particular purpose. The Client hereby acknowledges and agrees that the Company will not be liable for any temporary delay, outages or interruptions of the Services.
The Client agrees to hold harmless and indemnify the Company, and its subsidiaries, affiliates, officers, agents, and employees, advertisers or partners, from and against any third party claim arising from or in any way related to the Client use of the Services, violation of this Terms of Service or any other actions connected with use of the Services, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case,the Company will provide the Client with written notice of such claim, suit or action.
20. LIMITATION OF LIABILITY
Company's liability hereunder shall not exceed the amount paid by client to company during the three (3) month period before the action arose. The Company shall not be liable for (a) any loss of use, loss of data, or interruption of business or (b) any indirect, special, incidental, consequential, or punitive damages of any kind (including, without limitation, lost profits), regardless of the form or action, whether in contract, tort (including negligence), strict liability, or otherwise, even if the Company has been advised of the possibility of such damages. The client acknowledges that these limitations are an essential element of this agreement, and absent such limitations, the Company would not enter into this agreement.
The Client agrees that, except as otherwise expressly provided in this Terms of Service, there shall be no third party beneficiaries to the Terms of Service.
22. LEGAL COMPLIANCE
As a user the Client shall at all times comply with all applicable domestic or international laws, statutes, ordinances, regulations, contracts and applicable licenses regarding the use of the the Company's services
23. GOVERNING LAW AND JURISDICTION
This Agreement will be governed by and construed in accordance with the laws of the country, state or province where the Company legal headquarters are located or incorporation has taken place.
24. SEVERABILITY AND AMENDMENT
This Agreement may not be modified or amended except in writing, signed by both parties. Any purported oral modification or amendment of this Agreement in derogation of the foregoing shall be without any effect. Neither party may waive any right hereunder except expressly and in writing.
25. ENTIRE AGREEMENT
This Agreement is the entire agreement between the parties with respect to this subject matter, and it supersedes all prior and contemporaneous discussions, negotiations, communications, and agreements with respect thereto.