Terms and Conditions

Before using any of Mobizy services, we strongly advise you to read, understand and agree to our terms and conditions. Feel free to let us know if you disagree with something, and don’t forget to read also our Privacy Policy.

PLEASE READ THE FOLLOWING TERMS OF SERVICE CAREFULLY BEFORE USING ANY MOBIZY SERVICE. THE USE OF ANY MOBIZY SERVICE WILL SIGNIFY YOUR AGREEMENT TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT PROCEED.

SHORT VERSION: Please read; and we’re not shouting, just making sure we have your undivided attention.

Purpose of Agreement

The MOBIZY Services are made available to you by MOBIZY subject to the following Terms of Service. MOBIZY may also offer other services that are governed by a different Terms of Service. MOBIZY provides the services only to persons who are above 13 years of age. By using the services you represent that you are 13 years or older.

SHORT VERSION: Best case scenario: you are human and at least 13 years old.

Description of Service

MOBIZY provides users with access to an array of multi-channel services for online or offline collaboration (the “App” or “Business App” and “Apps” or “Business Apps”). You may connect to the service using any of the specified devices and products. You are responsible for obtaining access to the Internet and the equipments necessary to use the Services. You are responsible for the contents of your Account and Account information, and MOBIZY shall not be responsible for deletion, failure to store or unauthorized access to the contents of your Account. The contents of the Accounts are created by persons over whom MOBIZY does not exercise any control and MOBIZY does not assume responsibility for the same.

SHORT VERSION: You provide your own internet connection.
We have nothing to do with the content of whatever data you create.
Sometimes, sh*t happens.

Subscription to Beta Service

MOBIZY may offer certain services as closed or open beta services (the “Beta Service”), for the purpose of testing and evaluation. MOBIZY shall have the sole authority and discretion to determine the period of time for testing and evaluation of the Beta Service. MOBIZY shall be the sole judge of the success of such testing and the decision, if any, to offer any of the Beta Service as a commercial service. You will be under no obligation to acquire a subscription to use any commercial service as a result of your subscription to the Beta Service. MOBIZY reserves the right to modify or discontinue, at any time and from time to time, temporarily or permanently, the Beta Service (or any part thereof) with or without notice. You agree that MOBIZY shall not be liable to you or to any third party for any harm related to, arising out of, or caused by the modification, suspension or discontinuance of the Beta Service for any reason.

SHORT VERSION: When we label things as Beta, we aren’t completely sure of how well it works or even if we’re going to keep them.

Modification of Terms of Service

MOBIZY may modify these Terms of Service upon notice to you at any time. These modifications may include, without limitation, payment for the Services. You will be provided notice of any such modification by electronic mail or by publishing the changes on MOBIZY’s website. If MOBIZY modifies these Terms of Service, you may terminate your use of any or all of the Services. Your continued use of the Service after notice of any change to the Terms of Service will be deemed to be your agreement to the amended Terms of Service.

SHORT VERSION: We can change stuff at any time, but we’ll inform you so you can agree first.

Member Registration Obligations

In consideration of your use of the Services, you agree to: a) provide true, accurate, current and complete information about yourself as prompted by the Registration Process; b) maintain and promptly update your Registration data to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, outdated, or incomplete, or if MOBIZY has reasonable grounds to suspect that such information is untrue, inaccurate, outdated, or incomplete, MOBIZY has the right to terminate your Membership and refuse current or future use of any or all of the Services.

SHORT VERSION: Please don’t lie, it make us sad.

Personal Information and Privacy

Personal information you provide to MOBIZY through the Service is governed by MOBIZY Privacy Policy and applicable laws related to personal information. Your election to use the Service indicates your acceptance of the terms of the MOBIZY Privacy Policy. You are responsible for maintaining the confidentiality of your Account information and other sensitive information. You are responsible for all activities that occur in your Account and you agree to notify MOBIZY immediately of any unauthorized Account through email. MOBIZY is in no way responsible for any loss or damage to you or to any third party incurred as a result of any unauthorized access and/or use of your Member Account, or otherwise.

SHORT VERSION: Our lips are sealed. We won’t share your personal information to anyone outside Mobizy and if have any problem or question, send us an email.

Communications from Mobizy

The Service may include certain communications from MOBIZY, such as service announcements, administrative messages and newsletters. You understand that these communications shall be considered part of using the Services. As part of our policy to provide you total privacy, we also provide you the option of opting out from receiving mails from us. However, this may prevent us from providing effective service to you.

SHORT VERSION: We will send you some emails and try not to clog up your email inbox. Some of them may include funny kitty clips.

Fees and Payments

MOBIZY reserves the right, at any time, to charge or modify fees for access to portions or whole of any or all of the Services. However, such fees shall not be charged unless your prior agreement to pay such charges is obtained. Thus, if at any time MOBIZY requires a fee for any of the Services, you will be given reasonable advance notice of such fees and the opportunity to cancel your membership before such charges are imposed. If you elect not to pay any fees charged by MOBIZY, MOBIZY shall have the right to cease providing the Service to you.

SHORT VERSION: If we change our pricing, we’ll let you know. If you choose not to pay, we will not let you use it.

Restriction of use

In addition to all other terms and conditions of this Agreement, you shall not: (i) transfer or otherwise make available to any third party the Services; (ii) provide any service based on the Services without prior written permission; (iii) use the third party links to sites without agreeing to their website terms & conditions; (iv) post any third party link sites including their logo, company name, etc. without their prior written permission; or (v) use the Services for spamming and illegal purposes.

SHORT VERSION: Be reasonable.

Spamming and illegal activities

You agree to be solely responsible for the contents of your transmissions through the Services. You agree not to use the Services for illegal purposes or for the transmission of material that is unlawful, harassing, libelous, invasive of another’s privacy, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable, contains viruses, or that infringes or may infringe the intellectual property or other rights of another. You agree not to use the Service for the transmission of “junk mail”, “spam”, “chain letters”, or unsolicited mass distribution of email. MOBIZY reserves the right to terminate the services if MOBIZY believes that you have used the Services for any illegal or unauthorized activities.

SHORT VERSION: Play nice. If you’re a spammer: shame on you.

User Generated Content

You may transmit or publish content created by you using any of the MOBIZY services or otherwise. However, you shall be solely responsible for such content and the consequences of its transmission or publication. Any content that you may receive from other users of MOBIZY services, is provided to you AS IS for your information and personal use only and you agree not to use, copy, reproduce, distribute, transmit, broadcast, display, sell, license or otherwise exploit such content for any purpose, without the express written consent of the person who owns the rights to such content. In the course of using any MOBIZY Service, if you come across any content with copyright notice(s) or any copy protection feature(s), you agree not to remove such copyright notice(s) or disable such copy protection feature(s) as the case may be. By making any copyrighted/copyrightable content available on any of the MOBIZY Services you affirm that you have the consent, authorization or permission, as the case may be from every person who may claim any rights in such content to make such content available in the such manner. Further, by making any content available in the manner aforementioned, you expressly agree that MOBIZY shall have the right to block access to or remove such content made available by you, if MOBIZY receives complaints concerning any illegality or infringement of third party rights in such content. By using MOBIZY services and transmitting or publishing any content using such service, you expressly consent to determination of questions of illegality or infringement of third party rights in such content by the agent designated by MOBIZY for this purpose.

SHORT VERSION: Copyright laws apply to content you create inside Mobizy.

Trademark

MOBIZY, MOBIZY logo, MOBIZY, MOBIZY logo, the names of different MOBIZY Services and their logos are trademarks of MOBIZY. You agree not to display or use, in any manner, the MOBIZY trademarks, without MOBIZY’ s prior permission.

SHORT VERSION: We thought of Mobizy first. Respect that.

Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN AS-IS-AND-AS-AVAILABLE BASIS. MOBIZY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. MOBIZY MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR VIRUS FREE. USE OF ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH THE USE OF THE SERVICES SHALL BE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE TELEPHONE, WIRELESS DEVICE OR DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM MOBIZY, ITS EMPLOYEES OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.

SHORT VERSION: There are things like computer viruses. We play on the safe side and apply all the best practices to prevent problems. But they may happen: if you drop your phone, it’s on you. And again, we’re not shouting, this is really, really important.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MOBIZY BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF MOBIZY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH MOBIZY RELATED TO THE SERVICE SHALL BE CANCELLATION OF THE SERVICE. The exclusion or limitation of liability for consequential or incidental damages may not apply to you if your state does not permit such exclusion or limitation of liability.

SHORT VERSION: When stuff go wrong, we’ll do our best to help you out, but we won’t give you money. And that was the last time we used all caps on this page.

Indemnification

You agree to indemnify and hold harmless MOBIZY, its officers, directors, employees, suppliers and affiliates, from and against any losses, damages, fines and expenses (including attorney’s fees and costs) arising out of, or relating to, any claims that you have used the Services in violation of another party’s rights, in violation of any law, in violations of any provisions of these Terms of Service, or any other claim related to your use of the Services.

SHORT VERSION: Please don’t hurt us.

Arbitration

Any controversy or claim arising out of or relating to these Terms of Service shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The decision of the arbitrator shall be final and unappealable. The arbitration shall be conducted in Portugal and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Notwithstanding anything to the contrary, MOBIZY may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction.

SHORT VERSION: Let’s not involve lawyers if anything goes wrong.

Termination

You agree that MOBIZY may terminate your Member Account and access to the Services for reasons including, but not be limited to, breaches or violations of these Terms of Service or the MOBIZY Privacy Policy, a request by you to terminate your Account, discontinuance or material modification to the Services, unexpected technical issues or problems, extended periods of inactivity and requests by law enforcement or other government agencies. Termination of your MOBIZY Account includes elimination of access to the Service, deletion of your Account information such as your e-mail ID and Password and deletion of data in your Member Account as permitted or required by law.

SHORT VERSION: You’ve read it all? Good for you! Anyway, if you misbehave, we can terminate your account.