General Terms and Conditions of Service

Introduction

The following General Terms and Conditions of Service (the “Terms”) shall govern all use of the website located at www.mobo.com (the “Site”), including its sub-domains and its mobile optimized versions, and any and all content, services and products available at or through the Site. 

By using or accessing our Site, you, our client, hereby agree to be bound by these Terms and any and all terms, policies, and guideline incorporated in the terms of service by reference.  This is legally binding agreement.  The Site and services therefrom are owned and operated by Smart Media Internet Marketing Ltd., hereinafter referred to as “Mobbo”.  The terms ‘us’, ‘its’, ‘ours’ and/or ‘we’, as used herein, refer to Mobbo and/or its affiliates, assignees, successors and/or brands.  As used herein, the terms ‘you’, ‘your’, and/or ‘yourself’ refer to you, a user/visitor/browser of our Site, whether registered under an account or not.

Description of Services

Mobbo provides a software as a service suite that includes any and all third party and proprietary computer programs and components thereunto (the “Services”).  You can access the Services through our web application, our integrations to supported 3rd-party platforms, our browser extension and the Mobbo API, depending on the type of agreement you select with us.  The Services will also include any and all updates, patches, fixes, updates, bug fixes or modified versions thereto, and all electronic or on-line materials and documentation.  The Services may be part of a larger integrated offering by Mobbo, and may include further software components and modules that may be installed and executed within or over the Services.

Intellectual Property

You acknowledge and agree that any and all infringing use or exploitation of copyrighted content in the Site and/or the Services may cause us, our affiliates, licensors or content providers irreparable injury, which may not be remedied solely at law, and therefore our affiliates, licensors or content providers may seek remedy for breach of these Terms, either in equity or through injunctive or other equitable relief.

Restrictions

The Site and Services are licensed to you, not sold, thus you may not sublicense, resell, share with anyone other than your registered additional users.  Henceforth, you agree to not undertake, motivate, or facilitate the use or access of the Site or the Services in order to:

Infringe these Terms, or allow, encourage or facilitate others to do so.

Plagiarize and/or infringe the intellectual property rights or privacy rights of any third party, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right.

Distribute, post or otherwise make available any content that: (i) infringes or endangers the intellectual property rights of any person (e.g. trademark, moral rights, trade secret, copyright, ancillary rights or other); (ii) enables any act that could promote or cause discrimination, racism, harm, libel, hatred or violence against any individual or group; (iii) endangers children and underage persons; (iv) is or allows illegal or fraudulent activities to take place; (v) is or may constitute a criminal or capital offense or otherwise infringes any applicable law; and/or (vi) is or can be considered to be obscene, threatening/defamatory, plagiarized, firearms, tobacco, alcohol, marijuana, gambling, binary options, Forex, pornographic or analogous material.

Collect, receive, transfer or disseminate any personally identifiable information of any person without due consent from the title holder.

Upload infringing, false, duplicated, altered or otherwise misleading information.

Use any automated or manual process to obtain, copy, process, access and/or use any part therefrom to capture unauthorized data or content, for any purpose.

Enable, undertake, program or execute any type of system, computer program or technique in order to data-mine, retrieve, scrape, index or otherwise extract unauthorized information or any portion or data feeds therefrom. For purposes of clarification, such actions will include the use of persons, site search/retrieval applications, software ‘robots’ and ‘spiders’ and any analogous data gathering and extraction tools, regardless of the type and amount of information intended for extraction.

Use the Site to disseminate any type of computer viruses, worms, defects, Trojan horses or other items of a destructive nature.

Undertake any action that will or may cause an unreasonable load on Mobbo’s and/or its partners’ and affiliates’ technology or infrastructure, or otherwise make excessive traffic demands.

Intercept or monitor activity via our Services without our express authorization.

Otherwise reverse engineer, decompile or extract the proprietary code thereof.

You also acknowledge and accept that any violation of the aforementioned provisions may result in the immediate termination of your access to the Site and our Services, without refund or reimbursement on our part.

You shall provide Mobbo with accurate, complete information during the initial user registration process. It is your responsibility to inform Mobbo of any changes to such information. Each password is solely for one designated person. You may not permit: (a) any other person to use the Service under your name; or (b) make available to multiple users Services licensed for a single user.

Content Ownership

You represent and warrant to Mobbo that you have all rights, authorizations or otherwise hold sufficient title for all data and content submitted to Mobbo as set forth herein.

The trademarks, copyright, service marks, trade names and other intellectual property rights and proprietary notices displayed on the Site are the property of –or otherwise are licensed to– Mobbo or its licensors or affiliates, whether acknowledged (or not), and which are protected under intellectual and proprietary rights in the United States of America and other jurisdictions throughout the world.  Respective title holders may or may not be affiliated with us or our affiliates, partners and advertisers.  No section hereof shall be construed as intent to grant to you any right transfer or interest in the Site or our Services, in whole or in part.

For ease of understanding, ‘intellectual property rights’ shall mean any and all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of the United States of America and other applicable jurisdictions. 

Use of logos

You hereby grant Mobbo the right to use you logo.  Mobbo may not modify or alter such logo in any way, and may only be used for purposes of identifying you as our customer.  The logo shall not be used in any manner which may be considered, in your sole discretion, disparaging or negative, and you will have the right to revoke your license to use your logo at any time.

Salesforce integration

If you select our Salesforce integration is your subscription package, then Mobbo, at its sole expense, shall integrate data from the Services into your Salesforce account, as mutually agreed between you and Mobbo.

 

Payments

Mobbo offers a variety of user account tiers, and the price payable by you for subscription and access to our Services shall be the price stated by Mobbo in the applicable ordering document or as otherwise indicated in our Site (e.g. the price indicated in the “I Accept” button box on Mobbo’s website shopping cart).  All payments must be made in U.S. dollars and, when paid, are non-cancelable, non-contingent and non-refundable, except as otherwise provided herein.

For billing purposes, the license count is determined by the number of users that connect to the Services. In the event the number of users accessing the Service exceeds the number of users for which licenses have been granted, Mobbo shall invoice you for any additional users for the remainder of the then current subscription term on a pro-rated basis in accordance with the fees listed on the Site.

We use third-party payment processors to bill you for any fees and Services provided through the Site.  The processing of payments will be subject to the fees, terms, conditions and privacy policies of such payment processors.  Mobbo is not responsible for any and all errors by the payment processors.

All of Mobbo’s fees are exclusive of taxes, levies, or duties, including but not limited to, value-added, sales, use or withholding taxes.  You will be responsible for payment of any and all applicable taxes, levies and/or duties.

Upon the case of late payments, we may, at our sole and final discretion, apply a late fee equal to the lesser of: (i) 1% per monthly subscription on the unpaid balance; or (ii) the highest interest rate permitted by applicable law.  For specific implementations of the Services, we may require you to provide a guarantee deposit.

Renewal

If your account is set to auto-renewal or is in a trial period, Mobbo may then charge it automatically at the end of the trial or for the renewal period, unless you notify Mobbo that you want to cancel or suspend your subscription.  Mobbo may revise any and all Service fees by providing you at least thirty (30) days prior written notice.

Term

The term hereof shall begin on the date that comes first among: (i) first access to the Site; (ii) your first access or execution of our; or (iii) Mobbo begins providing its Services to you.

Termination

The term hereof will automatically end on the earlier date of either your: (i) account deactivation, suspension, freezing or deletion; (ii) access termination or access revocation for our Services or the Site; (iii) Mobbo' termination of these Terms, at its sole and final discretion; (iv) the termination date indicated by Mobbo to you from time to time; or (v) Mobbo’ decision to make the Site or Services no longer available for use, at its sole and final discretion.

Termination by you without cause

You may terminate your subscription at any time, by either: (i) terminating your subscription term for the Services; or (ii) permanently making inaccessible any and all instances of our Services for which you have access.  In the event of such termination by you, any fees for the remainder of your subscription term shall immediately become due and payable to Mobbo.

Termination for cause by Mobbo

These Terms, along with any and all licenses granted hereof may or will automatically terminate if you breach any of the terms and conditions herein.  For sake of clarity, upon the case where you fail to pay us any fees or charges within thirty (30) days of the invoice date, you will have fifteen (15) days to cure such breach, starting from the date you receive notice from us.  If you fail to cure the breach for non-payment, Mobbo may terminate these Terms, at its sole and final discretion. 

Upon termination for breach, your rights to use our Services and any information provided or generated thereby shall cease and you shall not be entitled to any compensation, credit, remedy or refund of any nature.  Termination by us for non-payment will not relieve you from your payment obligations, which will continue in full force and effect.  We reserve the right to reinstate your account and your access to the Services once you pay all accrued amounts to us.

Effects of termination

Upon expiration of these Terms or termination of your subscription to our Services, you shall thereafter immediately cease any and all use of our Services, our API, any Salesforce integration, browser extensions and/or third party applications of Mobbo, along with any and all information and data collected therefrom.

No Relationship

You and Mobbo are independent contractors, and no agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by these Terms.

No Warranty

To the fullest extent permissible under applicable law, the Site are provided to you “as is”, with “all faults” and “as available”, with all faults, without warranty of any kind, without performance assurances or guarantees of any kind, and your use is at your sole risk.  No oral or written advice provided by Mobbo, its affiliates, clients, agents, officers, licensors, distributors and/or any authorized representative, shall create any implied warranty. The entire risk of satisfactory quality and performance resides with you.  Mobbo, and its affiliates, clients, agents, officers, licensors and/or distributors, do not make, and hereby disclaim, any and all express, implied or statutory warranties, either by statute, common law, custom, usage of trade, course of dealing or otherwise, however arising, including implied warranties of description, quality, fitness for a particular purpose, operation, integration, suitability, title, non-infringement, non-interference with use and/or enjoyment. 

Neither Mobbo, nor its affiliates, subsidiaries, officers, employees and agents warrantee that the Site will be error-free, uninterrupted, secure, or produce any particular results.  No advice or information given by Mobbo or its employees, affiliates, contractors and/or agents shall create a guarantee.  The Site have not been completely tested in all situations or devices, and that they may contain operational malfunctions, errors, viruses, bugs, worms, trojan horses, bots and other harmful and destructive components or defects. 

The functionalities and results displayed within the Site may or will vary, without prior notice or without any notice at all; and will depend on a variety of factors out of the control of Mobbo.  Your use of any information and/or materials on the Site is entirely at your own risk, for which we shall not be held liable.

Disclaimer of Damages

In no event shall Mobbo, its affiliates, clients, agents, officers, licensors, distributors and/or any authorized third party, be held liable for any special, indirect, incidental or consequential damages, including losses, costs or expenses of any kind resulting from possession, access, use or malfunction of the Site, including but not limited to, loss of revenue, profits, business, loss of use or lack of availability of computer resources, lost or corrupt data, re-procurement amount, anticipated savings, wasted expenditure, or other commercial or economic loss; or for any indirect, incidental, special, punitive, aggravated, exemplary, or consequential damages whatsoever arising out of or related thereto, whether arising in tort (including negligence), contract, strict liability or other legal or equitable theory and whether or not Mobbo, its affiliates, clients, licensors and/or distributors have been advised of the possibility of such damages.  For purposes of this limitation of liability, Mobbo’ affiliates, licensors and distributors are third party beneficiaries to the limitations of liability specified herein and they may enforce these Terms against you.

Limitation of Liability

In no event, shall Mobbo’, or its affiliates’, clients’, licensors’ and/or distributors’ liability for all damages (except as required by applicable law) exceed; (i) the actual price paid by you for the license and/or use of the Site, the Services and/or the API in the twelve (12) months preceding the claim; or (ii) the amount of USD$100.00 (One Hundred United States Dollars); whichever results less; and henceforth any award for direct, provable damages shall not to exceed such total amount.

These Terms provide you specific legal rights, and you may have other rights that may vary from jurisdiction to jurisdiction.  Legislation of some states/countries does not allow certain limitations of liability, and henceforth this limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.  This limitation of liability shall not be applicable solely to the extent that any specific provision of this limitation of liability is prohibited by any federal, state, or municipal law, which cannot be pre-empted.

Confidential Information

Neither party under these Terms shall disclose any confidential information to any third party except to its employees, developers or contractors who have a legitimate need to know and who have agreed to be bound by the provisions of a confidentiality agreement at least as stringent as the ones herein.  Each party shall further protect the confidential information of the other party to the same extent as it protects its own confidential information.

Confidential information shall include: the pricing, fees and payment structure of our Services, along with any and all information and data in your account.

Confidential information shall not include, information that: (i) is in the public domain at the time of disclosure; (ii) becomes publicly available through no fault of the recipient party and without breach of these Terms, (iii) is already in the lawful possession of a party without restriction prior to disclosure; (iv) becomes rightfully known to a party without restriction from a source other than the disclosing party; or that (v) is required to be disclosed by virtue of an order of a competent court or a legal requirement; shall not be deemed confidential information.

Mediation

In the event of any dispute arising out of or in connection with these Terms, the parties agree in the first instance to discuss and consider referring the dispute to non-binding mediation under the International Chamber of Commerce Mediation Rules.  The language of the mediation shall be the English language.

Applicable Law

Your use of this Site, the API and our Services, and any cause of action, claim and/or dispute that might arise between the parties hereon, shall be subject to the laws of the State of Israel, without regard to conflict of law principles.

Forum

You agree that any dispute arising from or relating to these Terms, the API and our Services will be heard solely by a court or tribunal of competent jurisdiction in or nearest to the City of Omer, State of Israel.  If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorney’s fees, court costs, and disbursements in doing so.

Attorneys’ Fees

If any action at law or in equity (including arbitration) is necessary to enforce or interpret these Terms, the prevailing party will be entitled to reasonable attorneys’ fees, costs, and necessary disbursements in addition to any other relief to which the party may be entitled.  Each party shall pay all costs, expert fees, disbursements and expenses that it incurs with respect to the negotiation, execution, delivery, and performance of these Terms.

Waiver of Class Actions, Non-Individualized Relief

You acknowledge and accept that claims brought against Mobbo shall be only on an individual basis and not as a plaintiff or class member in any possible future class or representative action or similar proceeding.  Unless otherwise agreed by you and Mobbo, you may not adjoin or consolidate any claim with more than one person's; and you may not otherwise supervise or take over any form of a class, representative or consolidated proceeding.

Notices

All notices and other communications given or made pursuant to these Terms must be in writing and will be deemed to have been given upon the earlier of actual receipt or:  (a) personal delivery to the party to be notified; (b) when sent, if sent by facsimile or electronic mail during normal business hours of the recipient, and if not sent during normal business hours, then on the recipient’s next business day; (c) five days after having been sent by registered or certified mail, return receipt requested, postage prepaid; or (d) one business day after deposit with a nationally recognized overnight courier, freight prepaid, specifying next business day delivery, with written verification of receipt.  All communications must be sent to the respective parties to such address, facsimile number or electronic mail address as subsequently indicated by each party.  Each party agrees to receive electronic documents and to accept electronic signatures, which shall thereto be considered valid substitutes for hardcopy documents and hand inked signatures.

Updates

Mobbo reserves the right to modify, amend, suspend, terminate, upgrade, update or otherwise modify the Services and the Site, at any time and without notice.  We will notify you of any material revisions or modifications to these Terms and/or the Services by posting an appropriate notice on the Site or though a notification in your account. Please refer to the last effective date where changes were last undertaken by us.  Your use of our Services after the effective date of any update– either by an account registration or simple use – thereby indicates your acceptance thereof.

Severability

If any provision of these Terms is held unenforceable, then such provision will be modified to reflect the parties' intention.  All remaining provisions of these Terms will remain in full force and effect.

No Waiver

Failure by Mobbo to enforce any rights hereunder shall not be construed as a waiver of any rights with respect to the subject matter hereof.

Counterparts

These Terms and any other agreement executed by and between you and Mobbo may be executed in two or more counterparts, each of which together shall be deemed an original, but all of which together shall constitute one and the same instrument.  In the event that any signature is delivered by facsimile transmission or by electronic mail delivery of a ".pdf" format data file or other mutually executed data file format, such signature shall create a valid and binding obligation of the party executing (or on whose behalf such signature is executed) with the same force and effect as if such facsimile or ".pdf" or other mutually executed data file format signature page were an original thereof.

Headings

Headings used in these Terms are provided for convenience only and shall not be used to construe meaning or intent.

Interpretation

In this Agreement, unless the context otherwise indicates, the singular includes the plural and vice versa; any gender includes the other.

Entire Agreement

These Terms supersede all prior agreements arrangements and understandings between the parties hereto, shall constitute the full and entire understanding and agreement between the parties with regard to the subject matter hereof, and shall be binding upon and inure to the benefit of each of the parties hereto and their respective successors.

Assignment

These terms will inure to the benefit of any successors of the parties.  Either party shall have the right to assign its rights or obligations hereof, without the consent of the other party; provided, however, that such party provides due written notice to the other party, at least fifteen days before the assignment becomes effective.

Contact

If you have any questions or queries about us, our Site, our Services or these Terms, please contact us as indicated in our contact page: www.mobbo.com/contact.

 

Date of last effective update is [---------], 2017.

 

Mobbo Services Agreement

The following Mobbo Services Agreement (the “Agreement”) shall govern all use of the software as a service suite (the “Services”) available via the website located at www.mobo.com (the “Site”).  This Agreement shall be supplemented by our General Terms and Conditions of Service (the “Terms”). Upon the case of any conflict between the Terms and this Agreement, the terms and conditions of this Agreement shall prevail in all matters specifically concerning your use of our Services.

The Site and the Services therefrom are owned and operated by Smart Media Internet Marketing Ltd., hereinafter referred to as “Mobbo”.  The terms ‘us’, ‘its’, ‘ours’ and/or ‘we’, as used herein, refer to Mobbo and/or its affiliates, assignees, successors and/or brands.  As used herein, the terms ‘you’, ‘your’, and/or ‘yourself’ refer to you, a user/visitor/browser of our Site, whether registered under an account or not.

Acceptance

You hereby acknowledge and agree to be bound by and under this Agreement, usually through a clickable action, such as the “I agree” button or otherwise. This Agreement, together with our Terms and our Privacy Policy, will govern Mobbo’s relationship with you in relation to the Site and any products and services offered thereby. 

Eligibility

Users under the age of eighteen (18) may not access or use our Services.  All users are prohibited from providing Mobbo with personally identifiable information of persons under the age of thirteen (13).

Account

In order to use our Services, you will need to provide us with access to your email account and others accounts we request from time to time.  By providing us with access to your email account, you thereto agree to the disclosure of your email and contacts, among other data.  Please read our Privacy Policy for more information.

In order to use part or all of the functionalities and Services provided via the Site, you will need to register for an account.  You hereby represent and warrant that you will use your account for your own internal purposes and that, if you are accessing our Services on behalf of an entity or your organization, you have any and all necessary authorizations for such access and use.

You shall not disclose your user credentials to any third party.  If you suspect any unauthorized or fraudulent use of your account, please notify us immediately.  You must inform us of any changes to the information of your account.  You are solely responsible for the activity that occurs on your account and for keeping your password secure and confidential. 

Safety Measures

In order to protect both the personal information and the general information that we receive from you through your use of Mobbo, we have implemented various security measures. For example, when you enter sensitive information on our online forms, we encrypt that information using secure socket layer technology (SSL). We also follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it.

Please keep in mind, however, that whenever you disclose out personal information online there is a risk that third parties may intercept and use that information. While Mobbo strives to protect your personal information and privacy, we cannot guarantee the security of any information you disclose online.  By using our Services, you expressly acknowledge and agree that we do not guarantee the complete security or confidentiality of any data provided to or received by us through your use of the Mobbo and that any personal information, general information, or other data or information received from you through your use of Mobbo is provided to us at your own risk, which you expressly assume.

Licenses

General License Terms

The following license terms shall govern your use of our Services, except to the extent: (i) there exists a separate, signed contract between you and Mobbo governing your use thereof; or (ii) if the Services include a third party license agreement necessary as part of the execution process governing your use of the Services (e.g. third party components and open source license terms).  To the extent of a conflict between the provisions of the foregoing items and this Agreement, in order to avoid doubts, the order of precedence shall be: (i) such a separate third party agreement; (ii) the terms and conditions of a separate executed contract between you and Mobbo; and (iii) the terms and conditions set forth in this Agreement.  We will undertake our commercial reasonable efforts to provide you with prior notice of any scheduled downtime or maintenance.

Mobbo’s License

Subject to the terms and conditions of this Agreement, Mobbo hereby grants you a limited, non-exclusive, non-transferable, royalty free, non-sublicensable, non-assignable, revocable, for all the world, limited right and license to any components required to execute the Services, for your personal, non commercial use, for a limited term, as determined by your appertaining subscription terms.

User Content and Data License

You hereby grant Mobbo an unlimited, non-exclusive, royalty-free, for all the world, right and license to download, use, reproduce, distribute, analyze, sell, transfer, assign, disclose, or make available to any third party (including Mobbo's customers, contractors, partners, agents and service providers); any and all content, texts, data, and information that you or your affiliates, agents, employees or representatives disclose to Mobbo via the Services and our API (including your contacts list, email messages, their names and phone numbers). 

Updates

From time to time, we may implement beta versions, updates, upgrades, patches, bug fixes or other maintenance to the Services.  Your right to receive such versions, updates, upgrades, patches, bug fixes or other maintenance will be subject to your compliance of the terms and conditions set forth in this Agreement, and the pertinent subscription terms you select.

Restrictions

The user restrictions and prohibited activities found in our Terms shall be applicable to your use and continued access to our Services, along with any and all content you provide, upload or disseminate thereby.  You also acknowledge and accept that any violation of the aforementioned provisions may result in the immediate termination of your access to the Site and our Services, without refund or reimbursement on our part.

Compliance

All licenses granted to you in this Agreement are conditional on your continued compliance thereof, and will immediately terminate if you do not comply with any term or condition set forth herein.  You represent and warrant that you will not assert, nor will you authorize, assist, or encourage any third party to assert, against us or any of our affiliates, clients, agents, officers, licensors, distributors and/or any authorized representative, any intellectual property infringement claim regarding the Services.

 

Privacy

Our Services are provided in accordance with our Privacy Policy.  By disclosing any information to us, you agree to the collection, process, storage and disclosure of such personally identifiable information, including to our affiliates, partners and clients.  We will ask for your consent before such disclosure, including for inclusion into our newsletters, updates, and follow ups.  For more information, please read our Privacy Policy.

No Warranty

To the fullest extent permissible under applicable law, the Services are provided to you “as is”, with “all faults” and “as available”, with all faults, without warranty of any kind, without performance assurances or guarantees of any kind, and your use is at your sole risk.  No oral or written advice provided by Mobbo, its affiliates, clients, agents, officers, licensors, distributors and/or any authorized representative, shall create any implied warranty. The entire risk of satisfactory quality and performance resides with you.  Mobbo, and its affiliates, clients, agents, officers, licensors and/or distributors, do not make, and hereby disclaim, any and all express, implied or statutory warranties, either by statute, common law, custom, usage of trade, course of dealing or otherwise, however arising, including implied warranties of description, quality, fitness for a particular purpose, operation, integration, adequacy, suitability, title, non-infringement, non-interference with use and/or enjoyment. 

Neither Mobbo, nor its affiliates, subsidiaries, officers, employees and agents warrantee that the Services will be error-free, uninterrupted, secure, or produce any particular results.  No advice or information given by Mobbo or its employees, affiliates, contractors and/or agents shall create a guarantee.  The Services have not been completely tested in all situations or devices, and that they may contain operational malfunctions, errors, viruses, bugs, worms, trojan horses, bots and other harmful and destructive components or defects. 

The functionalities and results displayed within the Services may or will vary, without prior notice or without any notice at all; and will depend on a variety of factors out of the control of Mobbo.  Your use of any information and/or materials derived from the Services is entirely at your own risk, for which we shall not be held liable.

Disclaimer of Damages

In no event shall Mobbo, its affiliates, clients, agents, officers, licensors, distributors and/or any authorized third party, be held liable for any special, indirect, incidental or consequential damages, including losses, costs or expenses of any kind resulting from possession, access, use or malfunction of the Services, including but not limited to, loss of revenue, profits, business, loss of use or lack of availability of computer resources, lost or corrupt data, re-procurement amount, anticipated savings, wasted expenditure, or other commercial or economic loss; or for any indirect, incidental, special, punitive, aggravated, exemplary, or consequential damages whatsoever arising out of or related thereto, whether arising in tort (including negligence), contract, strict liability or other legal or equitable theory and whether or not Mobbo, its affiliates, clients, licensors and/or distributors have been advised of the possibility of such damages.  For purposes of this limitation of liability, Mobbo’ affiliates, licensors and distributors are third party beneficiaries to the limitations of liability specified herein and they may enforce this Agreement against you.

Limitation of Liability

In no event, shall Mobbo’, or its affiliates’, clients’, licensors’ and/or distributors’ liability for all damages (except as required by applicable law) exceed; (i) the actual price paid by you for the license and/or use of the Services in the twelve (12) months preceding the claim; or (ii) the amount of USD$100.00 (One Hundred United States Dollars); whichever results less; and henceforth any award for direct, provable damages shall not to exceed such total amount.

This Agreement provides you specific legal rights, and you may have other rights that may vary from jurisdiction to jurisdiction.  Legislation of some states/countries does not allow certain limitations of liability, and henceforth this limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.  This limitation of liability shall not be applicable solely to the extent that any specific provision of this limitation of liability is prohibited by any federal, state, or municipal law, which cannot be pre-empted.

Indemnification

Indemnification by you

You shall indemnify, hold harmless, and defend Mobbo, its affiliates, clients, agents, officers, licensors, distributors and/or any authorized representatives, and the officers, directors and employees of each (jointly, the “Mobbo’ Indemnitees”) from and against any and all third party liabilities, claims, causes of action, suits, losses, damages, fines, judgments, settlements and expenses (including any and all reasonable outside attorneys’ fees and court costs) which may be suffered, made or incurred by any of such Mobbo’ Indemnitees arising out of or relating to: (i) any breach of any warranties, representations and/or covenants made by you hereunder (to the extent not arising substantially from any breach hereof by Mobbo); and/or (ii) any third party claim arising out of or in relation to the Site or use thereof in combination with your business platform, including without limitation, any claim that the Site, the Services or the API violates, infringes, or misappropriates any proprietary or intellectual property right of any third party, including without limitation, any privacy right of any person, or violates any applicable law.

Indemnification by Mobbo

Mobbo will indemnify you against claims and proceedings arising from infringement (or alleged infringement) of any intellectual property rights by reason of your permitted use of the Site, the Services or the API as supplied by Mobbo.  As a material condition of this indemnity, you will: (i) promptly notify Mobbo in writing of any allegation of infringement; (ii) make no admission relating to the infringement; and (iii) allow Mobbo full control over all negotiations and proceedings and give Mobbo all reasonable assistance. 

The indemnifications obligations contained in this section shall not apply to the extent that any claim against Mobbo’ Indemnitees arises as a result of or in relation to: (i) any user generated content; and/or (ii) use of the Site, the Services or the API other than in accordance with these Terms and/or any applicable laws.

Representations and warranties

You hereby represent and warrant that, through the simple access to the Site, and any use of the Services: (i) you will comply with all applicable laws, rules and regulations applicable to the use of the Service; and (ii) you will not use the Service to infringe any intellectual property rights of any third party.

Third party content

From time to time, our Site or our Services may contain hyperlinks to other websites.  These links are for your personal convenience and to provide you with further information which may be of interest to you.  The provision of such links does not imply any endorsement of such third party websites (or their products and services).  Mobbo is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third party advertisers on the Site.

Third party software

Our Services may incorporate third party software, which thereto subject to its appertaining license terms and conditions of use, indicated by each third party.  Nothing in this Agreement shall grant you rights that supersede, waive or otherwise limit the terms and conditions of any applicable license for such third party software.

Accordingly, you shall not incorporate, embed, insert, copy, combine or otherwise distribute or make available any part of our Services and any other products, documentation, content or accompanying materials developed therefrom, with any code or other software licensed under any version of any open source license, in any manner that could cause or could be interpreted or asserted to cause the Services (or any modifications thereto) to become subject to the terms of such open source license (including, without limitation, any open source license listed on www.opensource.org.

Feedback

You hereby grant to Mobbo and its affiliates, an unlimited, non-exclusive, assignable, transferable, sub-licensable, irrevocable, royalty free, without restriction, perpetual and for all the countries and territories in the world, right and license to use and to exploit any feedback, suggestion, enhancement, request, recommendation, correction or comment provided by you to Mobbo regarding the Services.  You hereby acknowledge and agree that any use of such feedback by Mobbo or its will not entail any additional compensation to you.

Digital Millennium Copyright Act (‘DMCA’) Notice

For DMCA Takedown Notices and alleged intellectual property rights infringement within the Site, you can get in touch with us as indicated in our contact section.  Under federal United States law, if you knowingly misrepresent that online material is infringing, you may be subject to criminal prosecution for perjury and civil penalties, including monetary damages, court costs, and attorney's fees.

You must notify us of your claim with subject: "Takedown Request".  Once received, Mobbo will study and consider your claim and, if it believes or has reason to believe any content on the Site infringes on another’s copyright, Mobbo may delete it, disable or otherwise stop displaying it.  Please note that this procedure is exclusively for notifying Mobbo and its affiliates that your copyrighted material has been infringed.

Your DMCA notification claim must be in writing and must at least contain the following information: (i) your signature and identification, or the ones the person authorized to act on behalf of you or the title holder; (ii) a clear and concise description of the content of which its copyright has allegedly been infringed; (iii) contact information (e.g. address and email); and (iv) a statement, under penalty of perjury, indicating that you have a good faith belief that the information provided in your claim is true and accurate.  The preceding requirements are intended to comply with Mobbo’ rights and obligations under the DMCA, including 17 U.S.C. 512(c), but do not constitute legal advice.

Miscellaneous

Access.  In order for certain features of the Services to operate properly, you may be required to have and maintain: (i) a permanent, adequate Internet connection; (ii) a valid and active account with Mobbo’s websites or systems; and/or (iii) a valid and active account with a payment processing platform account.  If you do not have a continuous, fully operational Internet connection (e.g. Wi-Fi or wireless data plan), then certain features may not operate at all or may cease to operate properly, either in whole or in part, at any time, and Mobbo will not be held liable for that.

Content Moderation.  Mobbo hereby reserves the right, at its sole and final discretion, to review any and all Content delivered into the Site, the Services or the API by you, and use its moderators and/or any monitoring technology to flag and remove any Content deemed inappropriate, along with the ban of any offensive users or any other users who violate this Terms or otherwise post, disseminate or allow objectionable content to be delivered thereby.  Mobbo will promptly act upon any such objectionable content or any objectionable activity report, either by removing the objectionable content and/or ejecting the user who provided such objectionable content.

Equitable remedies:  You hereby acknowledge and agree that if any term of this Agreement is not specifically enforced, Mobbo will be irreparably damaged, and therefore you agree that Mobbo shall be entitled, without bond, other security or proof of damages, to appropriate equitable remedies with respect to your breach of any term of this Agreement, in addition to any other available remedies.

End User Support.  Mobbo shall be responsible for addressing your claims relating to the Services or use thereof, including but not limited to: (i) any product liability claim; (ii) any claim that the Services fails to conform to any applicable law; and (iii) any claim arising under consumer protection or similar legislation. 

End User Violations.  You acknowledge and agree that you are responsible for your content and use of the Services’ functionalities.  If you become aware of any violation of your obligations under these Terms by third party, you will immediately terminate such activities and inform Mobbo of that matter.

Export control.  Your hereby agree not to use the Services if you or your users are barred from installing or using it under any of export control law, or if you or your users are located in a jurisdiction that is subject to United States of America sanctions regulations, which currently includes Cuba, Iran, North Korea, Sudan and Syria and which are subject to change as posted by the United States government.

Force Majeure. Mobbo shall not liable for any failure of performance on its obligations as set forth herein, where such failure arises from any cause beyond Mobbo' reasonable control, including but not limiting to, electronic, power, mechanic or Internet failure.

Personal data.  By agreeing to this Agreement, you agree to the collection, use and disclosure of your personally identifiable information in accordance with our Privacy Policy.  Accordingly, Mobbo may collect and use personal information about your usage of the Services (and use such information) for: (i) its legitimate business purposes, provided that such information will not personally identify you or any end-user; (ii) keep a database of users of the Services and slice and dice data obtained therefrom; and (iii) create and display browsing and consumption preferences profiles of you and other users, charts, aggregated statistics and databases and other data.   You hereby acknowledge that you will, during the term of this Agreement, conform to the rules, privacy laws and regulations that might be enacted and/or enforceable in your jurisdiction, respecting to the collection, use and disclosure of the “personal information”, that is, information about an identifiable individual, but that does not include the name, title or business address or telephone number of an organization.  You agree that any and all information concerning any user, person or client, collected by way of use of our Services is to be kept confidential.  For more information, please read our Privacy Policy.

Security, backup.  You are responsible for properly configuring and using the Services and taking your own steps to maintain appropriate security, protection and backup of your content.

User Compliance.  Users undertaking conducts that may constitute a factual –or even alleged-- breach of this Agreement, including but not limiting, the upload of infringing, false, duplicated, altered or otherwise misleading purchase information, may become subject to immediate account suspension / termination, at our sole and final discretion, without notice and without responsibility.

Payments.  It is important that you keep complete and accurate contact details in order for us to remit any funds, especially payment processing accounts (e.g. Stripe, PayPal, and Payoneer).

Contact

If you have any questions or queries about us, our Site, our Services or this Agreement, please contact us as indicated in our contact page: www.mobbo.com/contact.

Date of last effective update is [---------], 2017.


Application Programming Interface License Terms

The following Application Programming Interface License Terms (the “API Terms”) shall govern your use of our API as part of your developer efforts.  These API Terms shall be supplemented by our General Terms and Conditions of Service, our Mobbo Services Agreement and our Privacy Policy, all incorporated herein by reference.

The Services and the API are made available via the website located at www.mobo.com (the “Site”).  Upon the case of any conflict between these API Terms and any other of our terms, agreements and guidelines, the terms and conditions of these API Terms shall prevail in all matters specifically concerning your use of our API.

The API is provided by Smart Media Internet Marketing Ltd., hereinafter referred to as “Mobbo”.  The terms ‘us’, ‘its’, ‘ours’ and/or ‘we’, as used herein, refer to Mobbo and/or its affiliates, assignees, successors and/or brands.  As used herein, the terms ‘you’, ‘your’, and/or ‘yourself’ refer to you, a user/visitor/browser of our Site, whether registered under an account or not.

Introduction

As used herein, the following terms shall have the following meanings ascribed to them:

"API" shall means the software application or source code or executable code form licensed by Mobbo to you, upon the terms and conditions set forth herein.  The API is a material part of our Services offer, and will include any and all documentation, manuals, updates, upgrades and enhanced versions thereof.

"API Key" shall mean the key code provided by Mobbo to you and that allows you to access our API.

"App" shall mean software application that you or your affiliates develop by or for use through our Services and/or the API.

"Services" shall mean the software as a service suite provided by Mobbo to you.

API license

Subject to the terms and conditions set forth herein, Mobbo hereby grants you a limited, non-exclusive, non-transferable, non-assignable, revocable, right and license to any components required to implement the API into your App, for a limited term, as determined by your appertaining license terms.  The aforementioned license will allow you to internally use the API Key to access our API and our Services in order to internally execute, display, access and use the API solely as needed to develop, preserve and support the App.  You may only reproduce and distribute copies of the API (in its original form or as modified) to your end users, in executable code form only, and only as incorporated into the App.  Your license to your end users shall be subject to an end user license agreement with terms and conditions at least as protective as those set forth in these API Terms.

Restrictions

The API allows us to provide you with information, recommendations and data which are based upon our proprietary information and algorithms.  Our Services, our component extensions and our API are part of our material know how, are confidential in nature, and their structure, organization, and source code constitute valuable trade secrets of Mobbo.  Henceforth, you agree not to disclose, distribute, sublicense, lease, rent, loan, resell or otherwise transfer them, along with and any and all data received therefrom, other than those elements incorporated into your App.  You must not remove, alter, or obscure in any way all proprietary rights notices (including copyright notices) of Mobbo on or within the services, any extensions or the API, and will immediately notify us of any breach relating thereto.

 

Use policy

As our developer, you represent, warrant, covenant and agree to not undertake, motivate, or facilitate the use or access of the Services, the API or the App, either by you or your affiliates or end users, pursuant to:

Infringe these API Terms, our Terms and Conditions of Use, the Mobbo Services Agreement, or allow, encourage or facilitate others to do so.

Plagiarize and/or infringe the intellectual property rights or privacy rights of any third party, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right.

Distribute, post or otherwise make available any content that: (i) infringes or endangers the intellectual property rights of any person (e.g. trademark, moral rights, trade secret, copyright, ancillary rights or other); (ii) enables any act that could promote or cause discrimination, racism, harm, libel, hatred or violence against any individual or group; (iii) endangers children and underage persons; (iv) is or allows illegal or fraudulent activities to take place; (v) is or may constitute a criminal or capital offense or otherwise infringes any applicable law; and/or (vi) is or can be considered to be obscene, threatening/defamatory, plagiarized, firearms, tobacco, alcohol, marijuana, gambling, binary options, Forex, pornographic or analogous material.

Collect, receive, transfer or disseminate any personally identifiable information of any person without due consent from the title holder.

Upload infringing, false, duplicated, altered or otherwise misleading information.

Use any automated or manual process to obtain, copy, process, access and/or use our API or our Services or any part therefrom to capture unauthorized data or content, for any purpose.

Enable, undertake, program or execute any type of system, computer program or technique in order to data-mine, retrieve, scrape, index or otherwise extract unauthorized information from the API or our Services or any portion or data feeds therefrom. For purposes of clarification, such actions will include the use of persons, site search/retrieval applications, software ‘robots’ and ‘spiders’ and any analogous data gathering and extraction tools, regardless of the type and amount of information intended for extraction.

Use the Site to disseminate any type of computer viruses, worms, defects, Trojan horses or other items of a destructive nature.

Undertake any action that will or may cause an unreasonable load on Mobbo’s and/or its partners’ and affiliates’ technology or infrastructure, or otherwise make excessive traffic demands from the API or the Services.

Intercept or monitor activity via our API or the Services without our express authorization.

Otherwise reverse engineer, decompile or extract the proprietary code of the Services or the API.

Confidential Information

Neither party under these API Terms shall disclose any confidential information to any third party, except to its employees, developers or contractors who have a legitimate need to know and who have agreed to be bound by the provisions of a confidentiality agreement at least as stringent as the ones herein.  Confidential information shall include: the pricing, fees and payment structure of our Services, the API and any components and code thereinto, along with any and all information and data in your account.  Confidential information shall not include, information that: (i) is in the public domain at the time of disclosure; (ii) becomes publicly available through no fault of the recipient party and without breach of these API Terms, (iii) is already in the lawful possession of a party without restriction prior to disclosure; (iv) becomes rightfully known to a party without restriction from a source other than the disclosing party; or that (v) is required to be disclosed by virtue of an order of a competent court or a legal requirement; shall not be deemed confidential information.

Term, termination

These API Terms shall remain in force until your appertaining license has expired or it has been otherwise terminated.

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About Us

Mobbo provides powerful data driven market research tools.
Mobbo measures the Mobile world, and monitors the mobile technology stack of Over 3 Million apps.
and offer a robust sales intelligence software for service providers in mobile app economy
Mobbo tells sales team which prospect to contact, and how.


Mobbo's insights help publishers, investors, marketers and analysts across the world, make more informed decisions, and succeed in the global app economy.