Mobeelizer - Terms of Services

2012.10.01

Acceptance Of Terms

Mobeelizer, Inc. ("Mobeelizer," "we," "us," "our") provides its services (described below) to you through its website located at www.mobeelizer.com (the "Site") and through its related services (collectively, such services, including any new features and applications, and the Site, the "Service(s)"), subject to the following Terms of Service (as amended from time to time, the "Terms of Service").  We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time without further notice.  You should periodically visit this page to review the current Terms of Service so you are aware of any revision to which you are bound.  If we do this, we will post the changes to these Terms of Service on this page and will indicate at the top of this page the date these terms were last revised.  Your continued use of the Service after any such changes constitutes your acceptance of the new Terms of Service.  If you do not agree to abide by these or any future Terms of Service, do not use or access (or continue to use or access) the Service.  It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Service and to review such changes.

If you disagree with any part of the terms then you may not access the site.

 

Your Account and Use of the Service

Services Description
The Service is designed to provide developers with a backend synchronization technology stack for creating mobile applications (each an "Application").

Your Registration Obligations
You are required to register with Mobeelizer in order to access and use features of the Service.  If you choose to register for the Service, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Service's registration form.  Registration data and certain other information about you are governed by our Privacy Policy.

Member Account, Password and Security
You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify Mobeelizer of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. Mobeelizer will not be liable for any loss or damage arising from your failure to comply with this Section.

Modifications to Service
Mobeelizer reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Mobeelizer will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

General Practices Regarding Use and Storage:
You acknowledge that Mobeelizer may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on Mobeelizer's servers on your behalf. You agree that Mobeelizer has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that Mobeelizer reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that Mobeelizer's reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

Termination of Your Account
You may terminate these Terms at any time by canceling your account on the Mobeelizer Services. You will not receive any refunds if you cancel your account.
You agree that Mobeelizer, in its sole discretion and for any or no reason, may terminate your account or any part thereof. You agree that any termination of your access to the Mobeelizer Services may be without prior notice, and you agree that Mobeelizer will not be liable to you or any third party for such termination.
You are solely responsible for exporting your Content and Application(s) from the Mobeelizer Services prior to termination of your account for any reason, provided that if we terminate your account, we will provide you a reasonable opportunity to retrieve your Content and Application(s).

 

Acceptable Use Policy
Mobeelizer reserves the right to terminate your account and cease all service if you are found to be in violation of this policy. We may change these policies at any time. It is your responsibility to keep up-to-date with and adhere to them. All capitalized terms used herein have the meanings stated in the Terms, unless stated otherwise.

Prohibited Content
The Content displayed and/or processed through your Application or other web site utilizing the Service shall not contain any of the following types of content:

  1. Content that infringes a third party's rights (e.g., copyright) according to applicable law;
  2. Excessively profane content;
  3. Hate-related or violent content;
  4. Content advocating racial or ethnic intolerance;
  5. Content intended to advocate or advance computer hacking or cracking;
  6. Gambling;
  7. Other illegal activity, including without limitation illegal export of controlled substances or illegal software;
  8. Drug paraphernalia;
  9. Phishing;
  10. Malicious content;
  11. Other material, products or services that violate or encourage conduct that would violate any criminal laws, any other applicable laws, or any third-party rights.

 

Prohibited Actions
Customer agrees not to, and not to allow third parties (including End Users) to use the Service:

  1. to violate, or encourage the violation of, the legal rights of others (for example, this may include allowing End Users to infringe or misappropriate the intellectual property rights of others in violation of the Digital Millennium Copyright Act);
  2. to engage in, promote or encourage illegal activity
  3. for any unlawful, invasive, infringing, defamatory or fraudulent purpose (for example, this may include phishing, creating a pyramid scheme or mirroring a website);
  4. to intentionally distribute viruses, worms, Trojan horses, corrupted files, hoaxes, or other items of a destructive or deceptive nature;
  5. to interfere with the use of the Services, or the equipment used to provide the Service, by customers, authorized resellers, or other authorized users;
  6. to disable, interfere with or circumvent any aspect of the Service;
  7. to generate, distribute, publish or facilitate unsolicited mass email, promotions, advertisings or other solicitations ("spam")

 

Fees for use of Mobeelizer services

Free Plan
Mobeelizer is providing Free Plan, that has certain usage limits (i.e. no of synchronizations , data storage, data transfer and no of pushes) and is provided only for development of one (1) application. Detailed numbers can be found at www.mobeelizer.com/pricing. This Free Plan is intended to be used only for development purposes. You are not allowed to use it in your production or commercial scenario.

Paid Plans
Mobelizer offers paid plans that details can be found at www.mobeelizer.com/pricing.
To use our paid Services, you will be required to select a payment plan and provide Mobeelizer information regarding your credit card or other payment instrument.  You represent and warrant to Mobeelizer that such information is true and that you are authorized to use the payment instrument.  You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur.  You agree to pay Mobeelizer the amount that is specified in the payment plan in accordance with the terms of such plan and this TOS. Charges are solely based on Mobeelizer's measurements of your use of the Mobeelizer Services, unless otherwise agreed to in writing.
You hereby authorize Mobeelizer to bill your payment instrument in advance on a periodic basis in accordance with the terms of the applicable payment plan until you terminate your account, and you further agree to pay any charges so incurred. If you dispute any charges you must let Mobeelizer know within sixty (60) days after the date that Mobeelizer invoices you. Mobeelizer may choose to bill through an invoice, in which case, full payment for invoices issued in any given month must be received by Mobeelizer fifteen (15) days after the mailing date of the invoice, or the Services may be terminated.  Unpaid invoices are subject to a finance charge of 1.5% per month on any outstanding balance, or the maximum permitted by law, whichever is lower, plus all expenses of collection.

Fees change
We reserve the right to change Mobeelizer's prices. If Mobeelizer does change prices, Mobeelizer will provide notice of the change on the Site or in email to you, at Mobeelizer's option, at least 15 days before the change is to take effect. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the changed amount.

Multiple applications
Every Plan that is being offered by Mobeelizer is calculated for one Application. You may not develop multiple Applications to simulate or act as a single Application or otherwise access the Mobeelizer Services in a manner intended to avoid incurring fees

Refund Policy.
If you have pre-paid for a month of Service and decide to cancel your account, you may request a refund of the pro-rated portion of the unused days for such month by contacting us.  All other payments made are non-refundable.

 

Open Source Licenses

Open source software licenses for components of the Mobeelizer Services released under an open source license constitute separate written agreements. To the limited extent that the open source software licenses expressly supersede these Terms, the open source licenses govern your agreement with Mobeelizer for the use of the components of the Mobeelizer Services released under an open source license.

 

Intellectual Property Rights

Service Content, Software and Trademarks
You acknowledge and agree that the Service may contain content ("Service Content") that is protected by copyright, patent, trademark, trade secret or other proprietary rights and laws.  Except as expressly authorized by Mobeelizer, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Service.  In connection with your use of the Service you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods.  Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited.  The technology and software underlying the Service or distributed in connection therewith is the property of Mobeelizer, our affiliates and our partners (the "Software").  You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software.  Any rights not expressly granted herein are reserved by Mobeelizer.

The Mobeelizer name and logos are trademarks and service marks of Mobeelizer (collectively the "Mobeelizer Trademarks"). Other company, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Mobeelizer. Nothing in this Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Mobeelizer Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of Mobeelizer Trademarks will inure to our exclusive benefit. You agree that Mobeelizer may list your company name (including by displaying any company trademark) and identify the business relationship between the parties on the Mobeelizer website and in other marketing and advertising collateral.

Third Party Material
Under no circumstances will Mobeelizer be liable in any way for any content uploaded by third parties or at the direction of users, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content uploaded or emailed via the Service.  You acknowledge that Mobeelizer does not pre-screen content, but that Mobeelizer and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. Without limiting the foregoing, Mobeelizer and its designees will have the right to remove any content that violates these Terms of Service or is deemed by Mobeelizer, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.

User Content Uploaded to the Service
You are solely responsible for the code, Applications, content and other materials you upload through the Service or share with other users or recipients (collectively, "User Content").  Mobeelizer makes no claim of ownership or control over your User Content. You acknowledge that you are solely responsible for securing and backing up your User Content. Further, you will not upload any code or content that you did not create or that you do not own, have sufficient rights to, or have all right, title and interest in and to, including, without limitation, all copyright contained therein.  By uploading any User Content you hereby grant and will grant Mobeelizer and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content solely in connection with the operation of the Service, in any form, medium or technology now known or later developed.  Further, by creating an Application through use of the Service, you grant and will grant Mobeelizer and its affiliated companies a worldwide, royalty-free and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute such Application for the sole purpose of enabling Mobeelizer to provide you with the Service.

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Service ("Submissions"), provided by you to Mobeelizer are non-confidential and Mobeelizer will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

You acknowledge and agree that Mobeelizer may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Mobeelizer, its users and the public. You understand that the technical processing and transmission of the Service, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

 

Indemnity and Release
You agree to release, indemnify and hold Mobeelizer and its affiliates and their officers, employees, directors and agent harmless from any from any and all losses, damages, expenses, including reasonable attorneys' fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Service, any User Content, your connection to the Service, your violation of these Terms of Service or your violation of any rights of another.

 

Disclaimer of Warranties
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MOBEELIZER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

MOBEELIZER MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR 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, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.

 

Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT MOBEELIZER WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MOBEELIZER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, 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) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL MOBEELIZER'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID MOBEELIZER IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.

 

General
These Terms of Service constitute the entire agreement between you and Mobeelizer and govern your use of the Service, superseding any prior agreements between you and Mobeelizer with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use affiliate or third-party services, third-party content or third-party software. These Terms of Service will be governed by the laws of Poland without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and Mobeelizer agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Krakow, Poland.  The failure of Mobeelizer to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred