Last Updated: August 11, 2021
Mobophiles, Inc. (“Mobolize” or “we“) provides software to improve your device performance, control data usage and provide data privacy when connecting to Wi-Fi networks and other related tools and services. The service does not, however, guarantee complete security for your data since vulnerabilities may still exist and could be exploited. These offerings are provided by Mobolize through an application you download to your mobile device (the “Application“) and at the Internet site https://www.Mobolize.com (the “Site” and, together with any related software, tools and services provided in connection with the Application or Site, the “Mobolize Service“).
YOU ACKNOWLEDGE AND AGREE THAT DOWNLOADING OF THE APPLICATION OR ANY APPLICATION UPGRADES, USING THE APPLICATION ON YOUR MOBILE DEVICE, OR ACCESSING OR USING THE MOBOLIZE SERVICE, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE MOBOLIZE SERVICE OR SITE CONTENT. If you accept or agree to these Terms of Service on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms of Service and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
Mobolize reserves the right, at its sole discretion, to modify, discontinue or terminate the Mobolize Service or to modify these Terms of Service, at any time and without prior notice. If we modify these Terms of Service, we will post the modification on the Site or provide you with notice of the modification. We will also update the “Last Updated Date” at the top of these Terms of Service or on the Site or Application. By continuing to access or use the Mobolize Service after we have posted a modification on the Site or Application or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms of Service. If the modified Terms of Service are not acceptable to you, your only recourse is to cease using the Mobolize Service.
Certain portions of the Mobolize Service may, or may in the future, have different terms and conditions posted on the Site or may require you to agree with and accept additional terms and conditions. Mobolize may, in its sole discretion, make premium or different applications, software or services available to you that is subject to different terms and conditions and narrower licenses than as set forth therein. If there is a conflict between these Terms of Service and terms and conditions posted for a specific portion of the Mobolize Service, the latter terms and conditions shall take precedence with respect to your use of or access to that portion of the Mobolize Service.
By accessing or using the Mobolize Service you represent and warrant to Mobolize that: (i) you are of legal age to form a binding contract, or, if you are a minor, you have your parent’s permission to use the Mobolize Service, and your parent has read and agrees to these Terms of Service on your behalf; (ii) if you are accepting these Terms of Service on behalf of a company or other legal entity, you have the authority to bind that company or legal entity to these Terms of Service. You also certify that you are legally permitted to use and access the Mobolize Service and take full responsibility for the selection and use of and access to the Mobolize Service. These Terms of Service are void where prohibited by law, and the right to access the Mobolize Service is revoked in such jurisdictions.
Subject to your compliance with these Terms of Service, Mobolize grants you a limited non-exclusive, non-transferable license to download and install a copy of the Application on your mobile device and run such copy of the Application solely for your own personal or business use. Furthermore, with respect to any App Store Sourced Application (defined below in the Section entitled “Accessing and Downloading the Application from iTunes”), you will only use the App Store Sourced Application (i) on an Apple-branded product that runs the iOS (operating system software provided by Apple) and (ii) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service. Mobolize reserves all rights in the Application not expressly granted to you by these Terms of Service.
Mobolize Service. Mobolize shall own and retain all right, title, and interest in and to the Mobolize Service. End-User agrees not to reverse engineer, decompile, distribute, license, sell, transfer, disassemble, copy, alter, modify, or create derivative works of the Mobolize Service or otherwise use the Mobolize Service in any way that violates the use restrictions contained in these Terms of Service. Mobolize does not grant to End-User any license, express or implied, to the intellectual property of Mobolize or its licensors. End-User further acknowledges and agrees that any information regarding the design, “look and feel”, specifications, components, functionality or operation and payment terms and pricing (if applicable) of the Mobolize Service is considered the confidential and proprietary information of Mobolize (collectively “Mobolize Confidential Information“).
End-User hereby grants to Mobolize a worldwide, royalty-free, non-exclusive license to use (i) data generated as a result of End-User’s use of the Mobolize Service for purposes of (ii) maintaining and improving the Mobolize and (iii) non-identifiable, anonymous, aggregated data regarding End-User’s use of the Mobolize Service compiled by Mobolize for marketing purposes or distribution to third party research firms.
Mobolize Logos and Designs. Mobolize’s graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, trademarks or trade dress of Mobolize in the U.S. and/or other countries. Mobolize’s trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without Mobolize’s prior written permission.
Derived Data. Mobolize shall own and retain all right, title, and interest in and to any data derived from your use of the Mobolize Service, the (“Derived Data”).
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Mobolize Service (“Feedback“). You may submit Feedback by emailing us at support@Mobolize.com or through the “Help” section of the Mobolize Service. You acknowledge and agree that all Feedback will be the sole and exclusive property of Mobolize and you hereby irrevocably assign to Mobolize and agree to irrevocably assign to Mobolize all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent rights, copyright rights, trade secret rights, and other proprietary or intellectual property rights therein. At Mobolize’s request and expense, you will execute documents and take such further acts as Mobolize may reasonably request to assist Mobolize to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
You acknowledge that Confidential Information (as defined below) is a valuable, special and unique asset of Mobolize and agree that you will not disclose, transfer, use (or seek to induce others to disclose, transfer or use) any Confidential Information for any purpose other than disclosure to your authorized employees and agents who are bound to maintain the confidentiality of Confidential Information. You shall promptly notify Mobolize in writing of any circumstances which may constitute unauthorized disclosure, transfer, or use of Confidential Information. You shall use best efforts to protect Confidential Information from unauthorized disclosure, transfer or use. You shall return all originals and any copies of any and all materials containing Confidential Information to Company upon termination of this Agreement for any reason whatsoever. The term “Confidential Information” shall mean any and all of Company’s trade secrets, confidential and proprietary information and all other information and data of Company that is not generally known to the public or other third parties who could derive value, economic or otherwise, from its use or disclosure. Confidential Information shall be deemed to include technical, financial, strategic and other proprietary and confidential information relating to Company’s business, operations and properties, including information about Company’s Users or partners, or other business information disclosed directly or indirectly in writing, orally or by drawings or observation.
You agree not to do any of the following:
Mobolize will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Mobolize may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms of Service. You acknowledge that Mobolize has no obligation to monitor your access to or use of the Mobolize Service but has the right to do so for the purpose of operating the Mobolize Service, to ensure your compliance with these Terms of Service, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.
If you breach any of these Terms of Service, Mobolize will have the right to terminate these Terms of Service, at its sole discretion and without prior notice to you. Mobolize reserves the right to revoke your access to and use of the Mobolize Service at any time, with or without cause. In the event Mobolize terminates these Terms of Service for your breach, you will remain liable for any and all amounts due hereunder. You may cancel your Mobolize Service at any time by unsubscribing to the Mobolize Service from the main screen of the app.
THE MOBOLIZE SERVICE AND SITE CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, MOBOLIZE EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. MOBOLIZE MAKES NO WARRANTY THAT THE MOBOLIZE SERVICE OR SITE CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. MOBOLIZE MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, MOBOLIZE SERVICE OR SITE CONTENT PURCHASED OR OBTAINED THROUGH THE MOBOLIZE SERVICE OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE MOBOLIZE SERVICE. MOBOLIZE DOES NOT WARRANT THE RESULTS OF USE OF THE MOBOLIZE SERVICE, AND CLIENT ASSUMES ALL RISK AND RESPONSIBILITY WITH RESPECT THERETO. CLIENT SHOULD NOTE THAT IN USING THE MOBOLIZE SERVICE, SENSITIVE INFORMATION WILL TRAVEL THROUGH THIRD PARTY INFRASTRUCTURES WHICH ARE NOT UNDER MOBOLIZE’S CONTROL (SUCH AS A THIRD PARTY SERVERS AND THE INTERNET). MOBOLIZE MAKES NO WARRANTY WITH RESPECT TO THE SECURITY OF SUCH THIRD PARTY INFRASTRUCTURES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM MOBOLIZE OR THROUGH THE MOBOLIZE SERVICE, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE MOBOLIZE SERVICE AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE MOBOLIZE SERVICE. YOU UNDERSTAND THAT MOBOLIZE DOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF ANY USERS OF THE MOBOLIZE SERVICE, NOR DOES MOBOLIZE MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE MOBOLIZE SERVICE. MOBOLIZE MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE MOBOLIZE SERVICE OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE MOBOLIZE SERVICE. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE MOBOLIZE SERVICE AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE MOBOLIZE SERVICE, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.
You agree to defend, indemnify, and hold Mobolize, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Mobolize Service, or your violation of these Terms of Service, including without limitation any breach of any representations or warranties herein, any infringement by you of Mobolize’s intellectual property rights.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE MOBOLIZE SERVICE AND SITE CONTENT REMAINS WITH YOU. EXCEPT FOR THE INDEMNITY OBLIGATIONS SET FORTH HEREIN, UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SYSTEM FAILURE OR NETWORK OUTAGE, WILL EITHER MOBOLIZE OR ANY OTHER PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE MOBOLIZE SERVICE OR SITE CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, MOBOLIZE SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR MOBOLIZE SERVICE, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF MOBOLIZE SERVICE OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR SITE CONTENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE MOBOLIZE SERVICE OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE MOBOLIZE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MOBOLIZE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
EXCEPT FOR THE INDEMNITY OBLIGATIONS SET FORTH HEREIN, IN NO EVENT WILL MOBOLIZE’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF MOBOLIZE SERVICE OR FROM THE USE OF OR INABILITY TO USE THE MOBOLIZE SERVICE OR SITE CONTENT EXCEED THE AMOUNTS YOU HAVE PAID TO MOBOLIZE FOR USE OF THE MOBOLIZE SERVICE OR CONTENT. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN MOBOLIZE AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You may not use, export, re-export, import, or transfer the Application except as authorized by United States law, the laws of the jurisdiction in which you obtained the Application, and any other applicable laws. In particular, but without limitation, the Application may not be exported or re-exported: (a) into any United States embargoed countries; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using the Application, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use the Application for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons.
The following applies to any Application accessed through or downloaded from the Apple App Store (“App Store Sourced Application“):
1. You acknowledge and agree that (i) these Terms of Service are concluded between you and Mobolize only, and not Apple, and (ii) Mobolize, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Service.
2. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.
3. In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between Mobolize and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Mobolize.
4. You and Mobolize acknowledge that, as between Mobolize and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
5. You and Mobolize acknowledge that, in the event of any third party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between Mobolize and Apple, Mobolize, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms of Service.
6. You and Mobolize acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms of Service as related to your license of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App Store Sourced Application against you as a third party beneficiary thereof.
7. Without limiting any other terms of these Terms of Service, you must comply with all applicable third party terms of agreement when using the App Store Sourced Application.
These Terms of Service and any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms of Service will be the state and federal courts located in Los Angeles, California and each of the parties hereto waives any objection to jurisdiction and venue in such courts.
These Terms of Service constitute the entire and exclusive understanding and agreement between Mobolize and you regarding the Mobolize Service and Site Content, and these Terms of Service supersede and replace any and all prior oral or written understandings or agreements between Mobolize and you regarding the Mobolize Service.
You may not assign or transfer these Terms of Service, by operation of law or otherwise, without Mobolize’s prior written consent. Any attempt by you to assign or transfer these Terms of Service, without such consent, will be null and of no effect. Mobolize may assign or transfer these Terms of Service, at its sole discretion, without restriction. Subject to the foregoing, these Terms of Service will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms of Service, will be in writing and given: by Mobolize (i) via email (in each case to the address that you provide) or (ii) by posting to the Application or Site. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.
The failure of Mobolize to enforce any right or provision of these Terms of Service will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Mobolize. Except as expressly set forth in these Terms of Service, the exercise by either party of any of its remedies under these Terms of Service will be without prejudice to its other remedies under these Terms of Service or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms of Service invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms of Service will remain in full force and effect.
If you have any questions about these Terms of Service, please contact Mobolize at support@Mobolize.com or 164 Main Street, Suite 111, Los Altos, CA 94022. You acknowledge and agree that when contacting Mobolize, whether by email, or otherwise, you will not include any personally identifiable information in your communications, and that if such information is included in your communications with Mobolize, Mobolize will have no legal obligation or liability with regard to such information.