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Terms

1. Your Acceptance of Terms

Welcome to Mobiscope Cloud

The following Terms of Service (“TOS”) are between you and Mobiscope and constitute a legal agreement that governs your use of the Mobiscope Cloud service and website (collectively referred to as the “Service”). You must agree to these TOS before you can use the Service. You can agree to these TOS by actually using the Service. If you do not agree to any of the following terms, please do not use the Service. You should print or otherwise save a copy of these TOS for your records. "Mobiscope" as used herein means Mobiscope Inc., located at 1132 Lawrence Pkwy, Tenafly, NJ 07670, USA.

Legal Authority

To use and/or register for the Service you must be: a) of legal age to form a binding contract with Mobiscope, and b) cannot be a person barred from receiving the Service under the laws of the United States or other applicable jurisdiction, including the country in which you reside or from where you use the Service. By accepting these TOS you represent that you understand and agree to the foregoing.

Changes to this Agreement

Mobiscope may update or change these TOS from time to time and recommends that you review the TOS on a regular basis. You understand and agree that your continued use of the Service after the TOS has changed constitutes your acceptance of the TOS as revised.

Description of the Service

You understand and acknowledge that the Service is being provided and is made available on an “AS IS” and “AS AVAILABLE” basis. The Service may contain errors or inaccuracies that could cause failures, corruption or loss of data and/or information from your device and from peripherals (including, without limitation, electronic devices) connected thereto. YOU ASSUME ALL RISKS AND ALL COSTS ASSOCIATED WITH YOUR USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY INTERNET ACCESS FEES, COSTS INCURRED FOR THE USE OF YOUR DEVICE AND PERIPHERALS, AND ANY DAMAGE TO ANY EQUIPMENT, SOFTWARE, INFORMATION OR DATA. In addition, Mobiscope is not obligated to provide any maintenance, technical or other support for the Service.

Changing the Service

Mobiscope reserves the right to modify, suspend or stop the Service (or any part thereof), either temporarily or permanently, at any time or from time to time, with or without prior notice to you. Without limiting the foregoing, Mobiscope may provide notice of any such changes to the Service by posting them on its websites and/or via the Service. You agree that Mobiscope shall not be liable to you or any third party for any modification or cessation of the Service. You acknowledge that Mobiscope has no express or implied obligation to provide, or continue to provide, the Service, or any part thereof, now or in the future; and in addition, Mobiscope may at any time, upon prior notice as required by applicable law, institute charges or fees for the Service.

Feedback

As part of using the Service, Mobiscope will provide you with the opportunity to submit comments, suggestions, or other feedback regarding your use of the Service. You agree that in the absence of a separate written agreement to the contrary, Mobiscope will be free to use any feedback you provide for any purpose.

Limitations on Use

Mobiscope may impose certain limitations on the use of the Service, including, but not limited to, allocating certain levels of storage capacity to your Mobiscope account, restricting the number of Mobiscope accounts you may register, imposing expiration dates and removing expired data from the Service. You agree to use the Service only for purposes as permitted by these TOS and any applicable law, regulation, or generally accepted practice in the applicable jurisdiction. Mobiscope reserves the right to modify or impose any limitations on the use of the Service at any time, with or without notice to you.

Mobiscope Account

To sign-in and activate the Service, you must setup a new Mobiscope Account (also referred to as an “Mobiscope ID”). This Mobiscope Account will be used to setup the Service for you, and may also be referred to as your “Mobiscope Cloud Account”. You are responsible for all activity that takes place on your account. Please choose a strong password for your account and do not reveal your password to others. You agree that you are responsible for keeping your password confidential and secure, and further understand that you are solely responsible and liable for any activities that occur under your account.

No Resale of Service

You agree that you will not reproduce, copy, duplicate, sell, resell, rent or trade the Service (or any part thereof) for any purpose.

3. Mobiscope Privacy Policy

You understand that by using the Service, you consent and agree to the collection and use of certain information about you and your use of the Service in accordance with Mobiscope’s Privacy Policy. Information collected when you use the Service may include technical or diagnostic information related to your use that may be used by Mobiscope to maintain, improve and enhance the Service. For more information please read our full privacy policy at https://mobiscope.com/privacy/. You further understand and agree that this information may be transferred to the United States and/or other countries for storage, processing and use by Mobiscope and/or its affiliates.

4. Content and Your Conduct

Content

"Content" means any information that may be generated or encountered through use of the Service, such as data files, written text, graphics, photographs, images, sounds, videos and any other like materials. You understand that all Content whether publicly posted or privately transmitted on the Service is the sole responsibility of the person from whom such Content originated. This means that you, and not Mobiscope, are solely responsible for any Content you upload, download, transmit, store or otherwise make available through your use of the Service. You understand that by using the Service you may encounter Content that you may find offensive, indecent, or objectionable, and that you may expose others to Content that they may find objectionable. Mobiscope does not control the Content posted via the Service, nor does it guarantee the accuracy, integrity or quality of such Content. You understand and agree that your use of the Service and any Content is solely at your own risk.

Your Conduct

You agree that you will NOT use the Service to:

  1. upload, download, transmit, store or otherwise make available any Content that is unlawful, harassing, threatening, harmful, tortious, defamatory, libelous, abusive, violent, obscene, vulgar, invasive of another’s privacy, hateful, racially or ethnically offensive, or otherwise objectionable;

  2. stalk, harass, threaten or harm another;

  3. pretend to be anyone, or any entity, you are not — you may not impersonate or misrepresent yourself as another person (including celebrities), entity, another Mobiscope subscriber, an Mobiscope employee, or a civic or government leader, or otherwise misrepresent your affiliation with a person or entity, (Mobiscope reserves the right to reject or block any Subscriber ID which could be deemed to be an impersonation or misrepresentation of your identity, or a misappropriation of another person's name or identity);

  4. engage in any copyright infringement or other intellectual property infringement, or disclose any trade secret or confidential information in violation of a confidentiality,employment, or nondisclosure agreement;

  5. transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, spam, including, without limitation, bulk commercial advertising and informational announcements;

  6. interfere with or disrupt the Service (including accessing the Service through any automated means, like scripts), or any servers or networks connected to the Service, or any policies, requirements or regulations of networks connected to the Service (including any unauthorized access to, use or monitoring of data or traffic thereon);

  7. plan or engage in any illegal activity; and/or

  8. gather and store personal information on any other users of the Service to be used in connection with any of the foregoing prohibited activities.

Removal of Content

You acknowledge that Mobiscope is not responsible or liable in any way for any Content provided by others and has no duty to pre-screen such Content. However, Mobiscope reserves the right at all times to determine whether Content is appropriate and in compliance with these TOS, and may pre-screen, move, refuse, modify and/or remove Content at any time, without prior notice and in its sole discretion, if such Content is found to be in violation of these TOS or is otherwise objectionable.

Backup Your Content

You are responsible for backing up, to your own computer or other device, any important Content that you store or access via the Service. Mobiscope does not guarantee or warrant that any Content you may store or access through the Service will not be subject to inadvertent damage, corruption or loss.

Access to Your Account and Content

You acknowledge and agree that Mobiscope may access, use, preserve and/or disclose your account information and Content if legally required to do so or if we have a good faith belief that such access, use, disclosure, or preservation is reasonably necessary to: (a) comply with legal process or request; (b) enforce these TOS, including investigation of any potential violation thereof; (c) detect, prevent or otherwise address security, fraud or technical issues; or (d) protect the rights, property or safety of Mobiscope, its users or the public as required or permitted by law.

5. Content Submitted or Made Available by You on the Service

License from You

Except for material we may license to you, Mobiscope does not claim ownership of the materials and/or Content you submit or make available on the Service. However, by submitting such Content on areas of the Service that are accessible by the public, you grant Mobiscope a worldwide, royalty-free, non-exclusive license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content on the Service solely for the purpose for which such Content was submitted or made available. Said license will terminate within a commercially reasonable time after you or Mobiscope remove such Content from the public area. By submitting such Content on areas of the Service that are accessible by the public, you are representing that you are the owner of such material and/or have authorization to distribute it.

Changes to Content

You understand that in order to provide the Service and make your Content available thereon, Mobiscope may transmit your Content across various public networks, in various media, and modify or change your Content to comply with technical requirements of connecting networks or devices. You agree that the license herein permits Mobiscope to take any such actions.

6. Trademark Information

Mobiscope, the Mobiscope logo, Mobiscope Cloud, MobiscopeCloud.com and other Mobiscope trademarks, service marks, graphics, and logos used in connection with the Service are trademarks or registered trademarks of Mobiscope Inc. in the US and/or other countries. Other trademarks, service marks, graphics, and logos used in connection with the Service may be the trademarks of their respective owners. You are granted no right or license in any of the aforesaid trademarks, and further agree that you shall not remove, obscure, or alter any proprietary notices (including trademark and copyright notices) that may be affixed to or contained within the Service.

7. Software

Mobiscope’s Proprietary Rights

You acknowledge and agree that Mobiscope and/or its licensors own all legal right, title and interest in and to the Service, and any software (including any Content provided therein) provided by Mobiscope to you as a part of and/or in connection with the Service (the “Software”), including any and all intellectual property rights that exist therein, whether registered or not, and wherever in the world they may exist. You further agree that the Service (including the Software, or any other part thereof) contains proprietary and confidential information that is protected by applicable intellectual property and other laws.

License From Mobiscope

Mobiscope grants you a personal, non-exclusive, non-transferable, limited license to use the Software as provided to you by Mobiscope as a part of the Service and in accordance with these TOS; provided that you do not (and do not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile, or otherwise attempt to discover the source code (unless expressly permitted or required by law), sell, lease, sublicense, assign, grant a security interest in or otherwise transfer any right in the Software.

Export Control

Use of the Service and Software, including transferring, or uploading data, software or other Content via the Service, may be subject to the export and import laws of the United States and other countries. You agree to comply with all applicable export and import laws and regulations. In particular, but without limitation, the Software may not be exported or re-exported (a) into any U.S. 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 Denied Person’s List or Entity List. By using the Software or Service, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the Software or Service for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons. This assurance and commitment shall survive termination of this TOS.

Software Updates

As part of the Service, you may from time to time receive updates to the Software from Mobiscope which may be automatically downloaded and installed to your device. These updates may include bug fixes, feature enhancements or improvements, or entirely new versions of the Software. You agree that Mobiscope may automatically deliver such updates to you as part of the Service and you shall receive and install them as required.

Copyright and Digital Imagery

The Service and Software may be used to reproduce materials so long as such use is limited to reproduction of non-copyrighted materials, materials in which you own the copyright, or materials you are authorized or legally permitted to reproduce. Title and intellectual property rights in and to any Content displayed by or accessed through the Software or Service belongs to the respective Content owner. Such Content may be protected by copyright or other intellectual property laws and treaties, and may be subject to additional terms of use of Mobiscope, its licensors or the third party providing such Content. For example, any stock photographs, images, graphics, clipart, artwork or similar assets (“Digital Imagery”) that are provided by Mobiscope and/or its licensors as part of the Software or Service (including but not limited to any Digital Imagery contained within templates, themes or user guides and tutorials) may not be extracted and distributed, commercially or otherwise, on a standalone basis outside of the Software or Service.

8. Termination

Termination by You

You may terminate your account and/or stop using the Service at any time.

Termination by Mobiscope

Mobiscope may at any time, under certain circumstances and without prior notice, immediately terminate or suspend all or a portion of your account and/or access to the Service. Cause for such termination shall include, but not be limited to: (a) violations of the TOS or any other policies or guidelines that are referenced herein and/or posted on the Service; (b) a request by you to cancel or terminate your account; (c) discontinuance or material modification to the Service or any part thereof; (d) a request and/or order from law enforcement, a judicial body, or other government agency; (e) where provision of the Service to you is or may become unlawful; (f) unexpected technical or security issues or problems; or (g) your participation in fraudulent or illegal activities. Any such termination or suspension shall be made by Mobiscope in its sole discretion, and Mobiscope will not be responsible to you or any third party for any damages that may result or arise out of such termination or suspension of your account and/or access to the Service.

Effects of Termination

Upon termination of your account you lose all access to the Service and any portions thereof, including, but not limited to, your Mobiscope account and any data associated therewith.

9. Refund Policy

This refund policy is applied to all Mobiscope plans available on www.mobiscope.com.

We offer free 7-day trial of Mobiscope service for most of Mobiscope plans so you can verify if Mobiscope suits your needs. At any time during the 7-day free trial period, you can cancel your account and will not be billed.

Cancellation Policy. Once you subscribed, you can cancel your service any time. From the moment of cancellation request you won't be charged for your subscription anymore.

Refund Policy. Billing month starts from the moment when payment is successfully processed. Payments for the month that is already started are non-refundable under any conditions. You can request a refund only for the part of your payment which belongs to the period of time not yet started. For example, if you purchased yearly subscription and decided to cancel subscription, we'll refund you the part of the payment for 11 month as the first month of your subscription had already started by the moment of refund request.

Duplicated subscriptions will be refunded per initial request. You should provide both number of initial order and duplicated order.

Important: No refunds will be issued to a customer upon cancellation.

For all questions regarding this refund policy please contact our Support Team at support@mobiscope.com

10. Links and Third Party Materials

Certain Content, components or features of the Service may include materials from third parties and/or hyperlinks to other web sites, resources or Content. Because Mobiscope may have no control over such third party sites and/or materials, you acknowledge and agree that Mobiscope is not responsible for the availability of such sites or resources, and does not endorse or warrant the accuracy of any such sites or resources, and shall in no way be liable or responsible for any Content, advertising, products or materials on or available from such sites or resources. You further acknowledge and agree that Mobiscope shall not be responsible or liable in any way for any damages you incur or allege to have incurred, either directly or indirectly, as a result of your use and/or reliance upon any such Content, advertising, products or materials on or available from such sites or resources.

11. Disclaimer of Warranties

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, AS SUCH, TO THE EXTENT SUCH EXCLUSIONS ARE SPECIFICALLY PROHIBITED BY APPLICABLE LAW, SOME OF THE EXCLUSIONS SET FORTH BELOW MAY NOT APPLY TO YOU.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK AND THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MOBISCOPE AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN PARTICULAR, MOBISCOPE AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS; (II) YOUR USE OF THE SERVICE WILL BE TIMELY, UNINTERRUPTED, SECURE OR ERROR-FREE; (III) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF THE SERVICE WILL BE ACCURATE OR RELIABLE; AND (IV) ANY DEFECTS OR ERRORS IN THE SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICE WILL BE CORRECTED.

ANY MATERIAL TRANSMITTED, STORED, ACCESSED OR OTHERWISE MAINTAINED THROUGH THE USE OF THE SERVICE IS DONE SO AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR LOSS OR CORRUPTION OF DATA THAT RESULTS FROM ANY SUCH USE OF THE SERVICE. YOU FURTHER ACKNOWLEDGE THAT THE SERVICE IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE SERVICE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MOBISCOPE OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

12. Limitation of Liability

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, AS SUCH, TO THE EXTENT SUCH EXCLUSIONS OR LIMITATIONS ARE SPECIFICALLY PROHIBITED BY APPLICABLE LAW, SOME OF THE EXCLUSIONS OR LIMITATIONS SET FORTH BELOW MAY NOT APPLY TO YOU.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT MOBISCOPE AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSSES (EVEN IF MOBISCOPE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR INABILITY TO USE THE SERVICE; (II) ANY CHANGES MADE TO THE SERVICE OR ANY TEMPORARY OR PERMANENT CESSATION OF THE SERVICE OR ANY PART THEREOF; (III) THE UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE AND/OR SEND OR RECEIVE YOUR TRANSMISSIONS OR DATA ON OR THROUGH THE SERVICE; (V) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; AND (VI) ANY OTHER MATTER RELATING TO THE SERVICE.

13. Indemnity

You agree to defend, indemnify and hold Mobiscope, its affiliates, subsidiaries, directors, officers, employees, agents, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by a third party, relating to or arising from: (a) any Content you transmit, or otherwise make available through the Service; (b) your use of the Service; (c) any violation by you of these TOS; or (d) your violation of any rights of another. This obligation shall survive the termination or expiration of these TOS and/or your use of the Service.

14. Notices

Mobiscope may provide you with notices regarding the Service, including changes to these TOS, by email, or by postings on its website and/or the Service.

15. Governing Law

Any litigation or other dispute resolution between you and Mobiscope arising out of or relating to these TOS or your use of the Service will take place in the District Court for the District of Delaware, and you and Mobiscope hereby consent to the personal jurisdiction of and exclusive venue in the state and federal courts within that District with respect to any such litigation or dispute resolution. This Agreement will be governed by and construed in accordance with the laws of the United States and the State of Delaware. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.

16. General

These TOS constitute the entire agreement between you and Mobiscope and govern your use of the Service. You may also be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. If any part of these TOS is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The failure of Mobiscope to exercise or enforce any right or provision of these TOS shall not constitute a waiver of such right or provision. You agree that, except as otherwise expressly provided in these TOS, there shall be no third-party beneficiaries to this agreement. Any translation of these TOS is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of these TOS shall govern. You agree that any claim or cause of action arising out of or related to these TOS or the use of the Service must be filed within one (1) year after the cause of action arose or be forever barred.