This is a legal document and creates and agreement between you, the user (“you” or “You”), and Mobilous Inc. (“Mobilous”) regarding your access and use of Mobilous' online website (collectively, including all content and functionality available through the www.mobilous.com domain name, the “Mobilous Website” or “Website”) and Mobilous' proprietary software and platform (the “Mobilous Platform”), content and related documentation and information and any other such service provided by Mobilous (collectively, the “Services”).

BY DOWNLOADING, ACCESSING OR USING ANY PART OF WEBSITE OR THE SERVICES, YOU EXPRESSLY AGREE TO AND CONSENT TO BE BOUND BY (A) THE TERMS AND CONDITIONS OF THESE TERMS OF SERVICE (THE “TERMS OF SERVICE” OR 'AGREEMENT') AND (B) Mobilous' privacy notice, found at THE “PRIVACY NOTICE”. IF YOU VISIT THE WEBSITE OR REGISTER FOR AN ACCOUNT TO USE THE SERVICES, YOU EXPRESSLY ACCEPT THE TERMS OF THIS AGREEMENT AND THE PRIVACY NOTICE. IF YOU DO NOT AGREE TO EITHER THE TERMS OF SERVICE OR THE PRIVACY NOTICE, YOU DO NOT HAVE OUR AUTHORIZATION TO USE ANY OF THE SERVICES.

MOBILOUS MAY MODIFY THIS AGREEMENT AT ANY TIME, IN MOBILOUS' SOLE DISCRETION, AND SUCH MODIFICATION SHALL BE EFFECTIVE IMMEDIATELY UPON EITHER POSTING OF THE MODIFIED AGREEMENT OR NOTIFYING YOU. YOU AGREE TO REVIEW THIS AGREEMENT PERIODICALLY TO ENSURE THAT YOU ARE AWARE OF ANY MODIFICATIONS. YOUR CONTINUED ACCESS OR USE OF THE WEBSITE AND/OR THE SOFTWARE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.

  1. 1. Service Terms and Limitations.

    1. 1.1. Intellectual Property Rights.

      1. 1.1.1.
        • The Service (including the Mobilous Platform) is proprietary to Mobilous and is protected by intellectual property laws and international intellectual property treaties.
        • The entire contents of Website (the “Content”) are copyrighted as a collective work under the laws of United States and other copyright laws. Mobilous holds the copyright in the collective work. The collective work may include works that are the property of other third parties which are also protected by copyright and other intellectual property laws. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download portions of the Content from the different areas of Website solely for your own non-commercial use, unless otherwise permitted. Any redistribution retransmission or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner. You agree not to change or delete any proprietary notices from materials downloaded from Website. You may not use any Mobilous logo or any other proprietary graphic or trademark without Mobilous' express written permission. As between the parties, all title, ownership rights, and intellectual property rights in and to the Mobilous Platform or the Material (as defined below), and any copies or portions thereof, shall remain in Mobilous and/or its content providers.
      2. 1.1.2.
        • As between the parties and subject to the licenses granted in Section 1.2, you shall have all title, ownership rights, and intellectual property rights in and to (a) all Licensed User Marks (as defined below) and (b) all user information and data derived through the App (collectively, the 'App Data'). For the purposes of this Agreement, “App” means your application developed using the Services; provided, however, that the term “App” shall not include any of the Services (including the Mobilous Platform).
    2. 1.2. Grant of Limited License.

      1. 1.2.1
        • Your access to the Service is licensed and not sold. Subject to your compliance with this Agreement, Mobilous agrees to provide you with a personal, revocable, non-transferable and non-exclusive account enabling you to access and use the Service and the Website. All Mobilous content that is made available to view and/or download in connection with the Service is owned by and is the copyrighted work of Mobilous and/or its suppliers and is licensed, not sold. Your use of the Mobilous Platform (including the use of the materials that you download in connection with the use of the Mobilous Platform, along with any documentation, text, software, photos, video, graphics, and music, sound or other multimedia files that might accompany it (collectively, “Material”)) is governed by the terms of this Agreement. You may not lend, lease, rent or sublicense the Mobilous Platform or any aspect of the Service.
      2. 1.2.2.
        • You hereby grant Mobilous during the term of this Agreement a revocable, nonexclusive, non-transferable, non-assignable license to display, copy and reproduce your trademarks and service marks, as provided by you from time to time (the “Licensed User Marks”), on marketing and promotional materials prepared for any purpose relating to (a) the marketing, promotion and development of Mobilous Services and/or (b) the marketing of the App through the Services. Mobilous acknowledges that the Licensed User Marks are your intellectual property.
      3. 1.2.3.
        • You hereby grant to Mobilous a perpetual, royalty-free, non-exclusive, irrevocable, worldwide license to use, store, archive, host, copy, reproduce, distribute, publish, and transmit the App Data (a) in connection with the App and your use of the Services and (b) in an aggregated format for Mobilous' internal business purposes. You further acknowledge and agree that (i) no compensation will be paid by Mobilous with respect to Mobilous' use of the App and/or App Data; (ii) Mobilous may make copies of the App and/or App Data as Mobilous deems necessary in order to facilitate the use of such content with the App; and (iii) Mobilous may (subject to Section 11 (Term and Termination)), but shall not be obligated to, retain archived copies of the App and/or App Data.
    3. 1.3. User's Agreement.

      1. 1.3.1.
        • In order to access some features of the Website, you will have to create an online account (the “Mobilous Account”). You agree to: (a) maintain the security of your user identification, password and other confidential information relating to your Mobilous Account; (b) be solely responsible for the security, confidentiality and integrity of all messages and the content that you receive, transmit through or store on the Service; (c) be responsible for all charges resulting from use of your Mobilous Account, including unauthorized use prior to your notifying Mobilous in writing of such use and taking steps to prevent its further occurrence by changing your password; (d) comply with the terms and conditions set forth herein; (e) be responsible for the App and ensuring that the App does not infringe any intellectual property rights or other proprietary rights of any third party; and (f) comply with all applicable U.S. and international laws, statutes, ordinances, rules, regulations, contracts and applicable licenses regarding your use of the Services or Website.
      2. 1.3.2.
        • If you use the Mobilous Platform, you agree that the Services may require updates from time to time, as provided by Mobilous in its sole discretion. These updates are designed to improve, enhance and further develop the Mobilous Platform. You agree to receive such updates (and permit Mobilous to deliver these to you) as part of your use of the Mobilous Platform.
    4. 1.4. Restrictions.

      1. 1.4.1.
        • You may not, directly or indirectly, (a) modify, translate, reverse engineer, decompile, disassemble (except to the extent applicable laws specifically prohibit such restriction), create derivative works based on the Mobilous Platform or the Material; or (b) copy the Mobilous Platform, the Material, the Content or any User Submissions or engage in any other acts inconsistent with the principles of copyright protection and fair use, as codified in 17 U.S.C. Sections 106-110, without obtaining the express written permission of Mobilous and the copyright owner; or (c) distribute (except for the purposes set forth above), rent, lease, transfer or otherwise transfer rights to, or in any way exploit, the Mobilous Platform, the Material, the Content or any User Submissions, in whole or in part; or (d) remove any proprietary notices or labels on the Mobilous Platform, the Material, the Content or any User Submissions.
      2. 1.4.2.
        • You are responsible for your communications and your use of the Website. You may not, under any circumstances, do any of the following: (a) use simultaneous, unattended or continuous connections to Service with one account; (b) post or transmit any message which is libelous or defamatory; (c) post or transmit any message, data, image or program which is indecent, obscene or pornographic; (d) post or transmit any message, data, image or program that would violate the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing fashion; (e) use the Service to threaten, harass, stalk, abuse, or otherwise violate the legal rights (including rights of privacy and publicity) of others; (f) intercept or attempt to intercept email or other private communications not intended for you; (g) send email to users or other Internet users for any purpose other than personal communication, including to advertise or offer to unsolicited sell goods or services to other users, use as a mass unsolicited distribution medium to communicate a generally unsolicited message, or use your email account as an address to which users or other Internet users need to respond (except as otherwise expressly permitted by Mobilous; (h) send unsolicited email messages through third-party mail servers in order to relay your email or hide the origination of your email to others; (i) upload or download files that contain software or other material protected by intellectual property laws, rights of privacy or publicity, or any other applicable law unless you own or control the rights to such files or have received all necessary consents; (j) upload files that contain a virus or corrupted data; (k) delete any author attributions, legal notices or proprietary designations or labels in a file that you upload to a BBS or the Website; (l) falsify the source or origin of software or other material contained in a file that you upload to a BBS or the Website; (m) use the Service in a manner that adversely affects the availability of its resources to other users; (n) use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity that is not a subscriber to the Service the user directory or any portion thereof other than for personal, noncommercial purposes (except as otherwise expressly permitted by Mobilous); (o) falsely purport to be an employee or agent of Mobilous; (p) cause repeated disruptive incidents; (q) act, or fail to act, in your use of the Service, in a manner that is contrary to applicable law or regulation; (r) distribute in any medium any part of the Website, including, but not limited to, any User Submissions (as defined below), without Mobilous' prior written consent; (s) access User Submissions or any content on the Website through any technology or means other than the the Mobilous Platform or other explicitly authorized means Mobilous may designate; (t) circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content therein; or (u) engage in any other activity deemed by the Mobilous to be in conflict with the spirit or intent of this Agreement. In addition, you may not post or transmit any message which is harmful, threatening, abusive or hateful. It is not the intent of Mobilous to discourage users from taking controversial positions or expressing vigorously what may be unpopular views in Website, nonetheless, Mobilous reserves the right to take such action as it deems appropriate in cases where the Service is used to disseminate statements which are deeply and widely offensive and/or harmful. Your failure to observe any of the foregoing limitations or obligations may result in civil or criminal liability.
      3. 1.4.3.
        • You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Website in a manner that sends more request messages to the Mobilous servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Mobilous grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Mobilous reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website (e.g. comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions.
      4. 1.4.4.
        • You agree to be financially responsible for your use of the Service (as well as for use of your account by others, including minors living with you) and to comply with your responsibilities and obligations as stated in this Agreement.
    5. 1.5. User Representations.

      1. 1.5.1.
        • You represent and warrant to Mobilous that: (i) you are over the age of eighteen (18) and have the power, authority or consent to enter into and perform your obligations under this Agreement; (ii) all information provided by you to Mobilous is truthful, accurate and complete; (iii) you are the authorized signatory of the credit or charge card provided to Mobilous to pay the Fees; (iv) you shall comply with all terms and conditions of this Agreement; (v) you have provided and will provide accurate and complete registration information, including, without limitation, your legal name, address and telephone number; and (vi) each time you upload a User Submission on Website or through the Service, (x) you represent and warrant that you own or otherwise control the rights or have the necessary consents to upload or post such User Submissions and to enable inclusion and use of the User Submissions in the manner contemplated by the Website and this Agreement.
    6. 1.6 Third Party Agreements.

      1. 1.6.1.
        • You acknowledge and agree that, in the event that your App is approved by an app store (e.g., Google Play, Apple App Store, etc.), your participation and the listing of your App in such app store will be subject to such app store's terms of use and/or license agreement (collectively, “App Store Agreements”). You agree to comply, at all times, with all terms of any such App Store Agreements.
  2. 2. Privacy Policy.

    1. 2.1
      • Mobilous considers its users' privacy to be of the utmost importance. Please see our Privacy Notice for a detailed description of our information gathering and dissemination practices for Website.
  3. 3. User Submissions; On-Line Communications.

    1. 3.1. User Submissions.

      1. 3.1.1.
        • In addition to the App and any App Data, Mobilous does not claim ownership of any materials and other information (including, without limitation, ideas contained therein for new or improved products or services) you post, upload, or submit to public areas of Website (such as bulletin boards (“BBSs”), forums and chat rooms), video content and textual content (collectively, the “User Submissions”).
      2. 3.1.2.
        • By posting, uploading, submitting, or inputting any User Submissions to the Website or through the Service, alone or as part of other works, you agree to grant to Mobilous a perpetual, royalty- free, non-exclusive, irrevocable, unrestricted, worldwide license to use, copy, sublicense, reproduce, distribute, redistribute, modify, adapt, publish, edit, translate, transmit, create derivative works of, publish and/or broadcast, publicly perform or display any such User Submissions (including without limitation, ideas contained therein for new or improved products or services) in any form, media, or technology whether by any means and in any media now known or hereafter developed and to sublicense such rights through multiple tiers of sublicenses; and to publish your name in connection with your User Submission. You also hereby grant each user of the Mobilous Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Website and under this Agreement. With respect to any User Submissions consisting of video files, the above licenses granted by you shall terminate within a commercially reasonable time after you remove or delete of such video files from the Service. You understand and agree, however, that Mobilous may retain server copies of User Submissions that have been removed or deleted. The above licenses granted by you with respect to any other types of User Submissions are perpetual and irrevocable. You hereby waive your moral rights in any such User Submissions, and you hereby warrant that any such User Submissions are original with you, or that you have the right to submit such User Submissions. You agree that you shall have no recourse against Mobilous for any alleged or actual infringement or misappropriation of any proprietary right in your communication to us. You further acknowledge and agree that (a) no compensation will be paid with respect to the use of your User Submissions, as provided herein; (b) Mobilous is under no obligation to post or use any User Submission you may provide; and (c) Mobilous may remove any Submission at any time in its sole discretion.
    2. 3.2. On-Line Communications.

      1. 3.2.1
        • Your participation in on-line communications occurs in real time and is not edited, censored, or otherwise controlled by Mobilous. Mobilous cannot and does not screen content provided by you to Website or through the Service. Notwithstanding the foregoing, Mobilous reserves the right to monitor content on Website and to remove content, which Mobilous, in its sole discretion, determines to be harmful, offensive, or otherwise in violation of this Agreement or Mobilous' operating policies for users of Website (“Users”). Except as described herein, any communication which you post on any public area of Website (e.g., comments, forums, etc.) is considered to be non-confidential.
  4. 4. Operation; Fees; Payment Terms.

    1. 4.1. Rights Reserved.

      1. 4.1.1.
        • Mobilous reserves complete and sole discretion with respect to the operation of Website and the Services. Mobilous may, among other things: (a) delete email or private messages if it has not been accessed by a User within the time established by Mobilous policies; (b) make available to third parties information relating to Website and Users; and (c) withdraw, suspend or discontinue any functionality or feature of Website and/or the Services. Mobilous may, in its complete and sole discretion, review uploaded files, conferences, BBSs, forums, chats and User Submissions and authorize restrictions on access thereto.
    2. 4.2. Accessibility.

      1. 4.2.1.
        • You acknowledge and agree that from time to time the Service may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which Mobilous may undertake from time to time; or (iii) causes beyond the control of Mobilous or which are not reasonably foreseeable by Mobilous.
    3. 4.3. Equipment; Updates.

      1. 4.3.1.
        • You shall be solely responsible for providing, maintaining and ensuring compatibility with the Service, all hardware, software, electrical and other physical requirements for your use of the Service, including, without limitation, telecommunications and internet access connections and links, web browsers or other equipment, programs and services required to access and use the Service. Mobilous is not obligated to provide updates or improvements to the Service. However, if Mobilous, in its sole discretion, updates or improves the Service, this Agreement shall apply to any such updates and improvements unless expressly noted otherwise.
    4. 4.4. Fees.

      1. 4.1.1.
        • Mobilous charges a subscription fee (“Fees”) for the use of certain of the Services. Mobilous expressly reserves the right to change the Fees at any time, upon notice to you. By registering for a Mobilous Account, you agree to pay Mobilous the Fees for the Services applicable to the account level chosen. Unless otherwise stated, all fees are stated in U.S. Dollars. The Fees for the Services do not include any payment for telecommunications and computer hardware, software, telecommunications access charges, lines or connections or other equipment and services required to access and use the Services. All Fees, Taxes (as defined herein) and other charges will be billed to your credit card at the current international currency conversion rate. You are responsible for and shall pay Mobilous all currency conversion charges, sales, use, value-added, personal property or other tax, duty or levy of any kind, including interest and penalties thereon (collectively, “Taxes”) for the use of the Services or resulting from these Terms, whether imposed now or hereinafter by any governmental entity. For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle.
    5. 4.5. Payment Terms.

      1. 4.5.1.
        • All Fees are paid in advance and are non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused. We reserve the right to deactivate your access to the Services for failure to pay applicable fees. If you provide us with a credit card that expires during the term of these Terms, we reserve the right to charge any renewal card issued to you as a replacement. You agree to promptly pay Mobilous in the event of any refusal of your credit card issuer to pay any amount to Mobilous for any reason. You agree to pay all costs of collection, including attorney's fees and costs, on any outstanding balance. In the event you fail to pay any amount when due, Mobilous may immediately suspend or terminate these Terms and your access to the Services.
    6. 4.6. Subscription Renewal.

      1. 4.6.1.
        • Your subscription will renew automatically, unless we terminate it or you terminate your subscription pursuant to Section 11.2 below. You must cancel your subscription before it renews in order to avoid billing of subscription fees for the renewal term to your credit card.
  5. 5. Other Sites.

    1. 5.1.
      • The Service may allow you to interact with third-party Web sites and Web services (“Link(s)”). Mobilous make no representations concerning any effort to review all of the content of sites listed in its Website. Links may lead unintentionally to sites containing information that some people may find inappropriate or offensive. It may also lead to sites which contain inaccurate information, false or misleading advertising, or information which violates copyright, libel or defamation laws. The Links are not under the control of Mobilous and Mobilous is not responsible for the contents of any Links, including without limitation any link contained in a Link, or any changes or updates to a Link. Mobilous is not responsible for any form of transmission received from any Link, nor is Mobilous responsible if the Link is not working appropriately. Mobilous is providing these Links to you only as a convenience, and the inclusion of any Link does not imply endorsement by Mobilous of the Link or any association with its operators. You are responsible for viewing and abiding by any privacy statements and terms of use posted in connection with the Links. You are solely responsible for any dealings with third parties (including advertisers) who support the Service, including the delivery of and payment for goods and services.
  6. 6. Disclaimers.

    1. 6.1 Disclaimer of Warranties.

      • MOBILOUS PROVIDES THE SERVICE AND THE MOBILOUS PLATFORM “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE,” AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. MOBILOUS, ITS AFFILIATES, ITS RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND/OR SUPPLIERS (COLLECTIVELY, THE “MOBILOUS PARTIES”) MAKE NO WARRANTIES. THE MOBILOUS PARTIES DISCLAIM ANY AND ALL WARRANTIES, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (1) WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (2) WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (3) WARRANTIES THAT ACCESS TO OR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS AGREEMENT. MOBILOUS CANNOT AND DOES NOT WARRANT AGAINST HUMAN AND MACHINE ERRORS, OMISSIONS, DELAYS, INTERRUPTIONS OR LOSSES, INCLUDING LOSS OF DATA. MOBILOUS CANNOT AND DOES NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THIS ONLINE SITE WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. MOBILOUS DOES NOT WARRANT OR GUARANTEE THAT THE FUNCTIONS OR SERVICE ACCESSED THROUGH THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE WEBSITE WILL BE CORRECTED. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE, OR WITH ANY OF THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE. MOBILOUS MAY CHANGE THE SERVICE OR THE FEATURES IN ANY WAY, AND AT ANY TIME AND FOR ANY REASON.
    2. 6.2. Disclaimer of Third Party Information.

      1. 6.2.1.
        • Mobilous does not and cannot review all communications and materials posted or uploaded to Website and is not responsible for the content of these communications and materials. However, Mobilous reserves the right to block or remove communications or materials that it determines, in its sole discretion, to be (a) abusive, libelous, defamatory or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright or trademark, other intellectual property right of another or (d) offensive or otherwise unacceptable to Mobilous.
      2. 6.2.2.
        • You understand that when using the Website, you will be exposed to User Submissions and third party content from a variety of sources, and that Mobilous is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions or third party content. You further understand and acknowledge that you may be exposed to User Submissions and third party content that may be offensive, indecent, inaccurate, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Mobilous with respect thereto.
      3. 6.2.3.
        • Statements made in websites, newsgroups, message boards, email, forums, conferences, chats and User Submissions reflect only the views of their authors. Forum managers, forum hosts, content providers, or merchants appearing on Website are not authorized Mobilous spokespersons, and their views do not necessarily reflect those of Mobilous, and Mobilous does not endorse any User Submission or any opinion, recommendation, or advice expressed therein.
    3. 6.3.

      1. 6.3.1.
        • Disclaimer of App Approval. Mobilous does not guarantee nor represent that any App will be approved by any respective app store (e.g., Google Play,, Apple App Store, etc.). All App submissions and approval are subject to the policies and discretion of the respective App Store.
  7. 7. Indemnification.

    1. 7.1.
      • YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS Mobilous, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND SUPPLIERS FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEY'S FEES, RESULTING FROM (A) ANY VIOLATION OF THIS AGREEMENT, (B) ANY ACTIVITY RELATED TO YOUR ACCOUNT (INCLUDING INFRINGEMENT OF THIRD PARTIES' WORLDWIDE INTELLECTUAL PROPERTY RIGHTS OR NEGLIGENT OR WRONGFUL CONDUCT) BY YOU OR ANY OTHER PERSON ACCESSING Website USING YOUR SERVICE ACCOUNT, AND/OR (C) Any violation of any app store agreement.
  8. 8. Waiver and Release.

    1. 8.1.
      • YOU AGREE THAT NEITHER Mobilous, NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, licensors OR SUPPLIERS SHALL HAVE ANY LIABILITY TO YOU UNDER ANY THEORY OF LIABILITY OR INDEMNITY IN CONNECTION WITH YOUR USE OF Website, THE SERVICE, OR THE CONTENT. YOU SPECIFICALLY ACKNOWLEDGE THAT MOBILOUS SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST Mobilous, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, licensors OR SUPPLIERS (INCLUDING BUT NOT LIMITED TO CLAIMS BASED UPON THE NEGLIGENCE OF Mobilous, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, licensors OR SUPPLIERS) FOR LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH YOUR USE OF Website, THE SERVICE, OR THE CONTENT.
  9. 9. Limitation of Liability.

    1. 9.1.
      • NOTWITHSTANDING THE FOREGOING PARAGRAPH, THE TOTAL LIABILITY OF Mobilous, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, Licensors AND SUPPLIERS, IF ANY, FOR LOSSES OR DAMAGES SHALL NOT EXCEED THE FEES PAID BY YOU FOR THE PARTICULAR INFORMATION OR SERVICE PROVIDED. IN NO EVENT SHALL ANY OF THE MOBILOUS PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS AGREEMENT OR YOUR USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, WITH THE DELAY OR INABILITY TO USE THE SERVICE, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, OR SERVICES OBTAINED THROUGH THE SERVICE, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Mobilous ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, Licensors OR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
      • The Website is controlled and operated by Mobilous from its offices within the United States of America. Mobilous makes no representations that the Website or the materials, information, or content available on or through the Website are appropriate or available for use in other locations, and access to them from territories where the Website or such materials, information, or content are illegal is prohibited. Those who choose to access or use the Website from other jurisdictions or locations do so at their own volition and are responsible for compliance with applicable local laws.
  10. 10. Third Party Rights.

    1. 10.1.
      • The provisions of Sections 7 (Indemnification), 8 (Waiver and Release) and 9 (Limitation of Liability) are for the benefit of Mobilous and its officers, directors, employees, agents, licensors, and suppliers. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
  11. 11. Term and Termination.

    1. 11.1.
      • The term of this Agreement shall commence on the date you access the Website and shall terminate as set forth herein. Either you or Mobilous may terminate your right to use Website at any time, with or without cause, with or without notice.
    2. 11.2.
      • The only accepted method for you to cancel your paid subscription to the Services is via the account settings available through your Mobilous Account. An email or phone request to cancel your account is not considered cancellation. You can cancel your Mobilous Account at any time when you are logged into your Mobilous Account by going to your account preferences and using the cancellation link. If you cancel the Services before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.
    3. 11.3.
      • Upon termination of your right to use the Website and/or Services, Mobilous may, but shall not be obligated to, delete your App and/or App Data. You acknowledge and agree that any request for a copy of any App Data must be made prior to thirty (30) days following any termination or expiration of your cancellation of your Mobilous Account or subscription (whichever occurs first). If you do not make a request for the App Data within this 30-day period, you acknowledge and agree that you will be deemed to have waived your right to obtain a copy of the App Data. Notwithstanding anything to the contrary, the definitions of this Agreement and the respective rights and obligations of the Parties under Sections 1.1 (Intellectual Property Rights), 1.3 (User's Agreement), 1.4 (Restrictions), 1.5 (User Representations), 3 (User Submissions; On-Line Communications), 4 (Operation), 5 (Other Sites), 6 (Disclaimers), 7 (Indemnification), 8 (Waiver and Release), 9 (Limitation of Liability), 10 (Third Party Rights), 11.3, 13 (Export Controls), 14 (U.S. Government Restricted Rights), 15 (Miscellaneous), and 16 (Notice) shall survive any termination of this Agreement.
  12. 12. Copyright or Intellectual Property Infringement Notification.

    1. 12.1.
      • Mobilous respects the intellectual property rights of others. You can notify Mobilous of possible copyright infringement, and Mobilous will review all claims of copyright infringement received and remove content deemed to have been posted or distributed in violation of any such laws. To make a claim, please provide the following: (a) A physical or an electronic signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest that is allegedly infringed; (b) A description of the copyrighted work or other intellectual property that you claim has been infringed; (c) A description of where the material that you claim is infringing is located on Website reasonably sufficient to permit Mobilous to locate the material; (d) Your contact information, including your address, telephone number, and email; (e) A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) A statement by you that the above information in your notice is accurate and that you, made under penalty of perjury, are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf. Contact the agent designated to receive and act on copyright violations under the Digital Millennium Copyright Act (“DMCA”). Claims can be sent to copyright@Mobilous.com or to Mobilous, Inc., 111 W Saint John Street Suite 430, San Jose, CA 95113.
  13. 13. Export Controls.

    1. 13.1.
      • You shall comply with all export laws and restrictions and regulations of the Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control (“OFAC”), or other United States or foreign agency or authority, and not to export, or allow the export or re-export of the Material in violation of any such restrictions, laws or regulations. By downloading or using the Material, you are agreeing to the foregoing and you are representing and warranting that you are not located in, under the control of, or a national or resident of any restricted country or on any such list.
  14. 14. U.S. Government Restricted Rights.

    1. 14.1.
      • Any software which is downloaded from or made available via the Mobilous Platform for or on behalf of the United States of America, its agencies and/or instrumentalities (“U.S. Government”), is provided with Restricted Rights. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is Mobilous, Inc., 111 W Saint John Street Suite 430, San Jose, CA 95113.
  15. 15. Miscellaneous.

    1. 15.1.
      • This Agreement shall be governed by and construed in accordance with the laws of the State of California. You agree that the Website shall be deemed a passive website that does not give rise to personal jurisdiction over Mobilous, either specific or general, in jurisdictions other than California. You agree that any legal action or proceeding between Mobilous and you for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in a court of competent jurisdiction sitting in San Francisco, California, United States. Any cause of action or claim you may have with respect to Mobilous must be commenced within one (1) year after the claim or cause of action arises. Mobilous' failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. No waiver of any term, provision or condition of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or shall constitute, a waiver of any other term, provision or condition hereof, whether or not similar, nor shall such waiver constitute a continuing waiver of any such term, provision or condition hereof. No waiver shall be binding unless executed in writing by the party making the waiver. This Agreement, together with the Privacy Notice and any other legal notices published by Mobilous on the Website, constitute the complete and exclusive statement of the agreement between the parties with respect to the Service and supersedes any and all prior or contemporaneous communications, representations, statements and understandings, whether oral or written, between the parties concerning the Service. If any action in law or in equity is necessary to enforce the terms of this Agreement, the prevailing party will be entitled to reasonable fees of attorneys, accountants, and other professionals, and costs and expenses in addition to any other relief to which such prevailing party may be entitled. The provisions of this Agreement are severable, and in the event any provision hereof is determined to be invalid or unenforceable, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions hereof. No provisions of this Agreement are intended, nor will be interpreted, to provide or create any third party beneficiary rights or any other rights of any kind in any user, client, customer, affiliate, or any party hereto or any other person unless specifically provided otherwise herein, and except as so provided, all provisions hereof will be personal solely between the parties to this Agreement; except that Sections 7, 8, 9, and 10 are intended to benefit Mobilous and its officers, directors, employees, agents, licensors, and suppliers. Mobilous may assign its rights and duties under this Agreement to any party at any time without notice to you.
  16. 16. Notice.

    1. 16.1.
      • Mobilous may deliver notice to you under this Agreement by means of electronic mail, a general notice on Website, or by written communication delivered by first class U.S. mail to your address on record in your Mobilous Account. You may give notice to Mobilous at any time via electronic mail to Website to the following address: memberservices@Mobilous.com, with the Subject: ATTN: Member Service.