Terms and Conditions.
Last updated on: December 4, 2017
PLEASE READ THESE TERMS CAREFULLY TO ENSURE THAT YOU UNDERSTAND THEM.
1. Our Services
Mobix offers sophisticated and advanced mobile device care software tools that can be licensed under and according to the terms as set forth herein and on the Website (the “Service” and the “Software”).
This is a contract between you and Mobix. You must read and agree to these terms before accessing the Website or using the Mobix Service. If you do not agree, you may not use the Service. You may use the Service only if you can form a binding contract with Mobix, and only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. Any use or access to the Service by anyone under the age of 18 is strictly prohibited and in violation of these Terms. In addition to the forgoing, you represent and warrant that you are not a resident of (and will not use the Service in) a country that the U.S. government has embargoed for use of such Service, and that you are not named on the U.S. Treasury Department’s list of Specially Designated Nationals or any other applicable trade sanctioning regulations.
3. Use of Software
Your use of Software is subject to all agreements such as the purchase terms as presented on the Website, the end-user license agreement (the “License Agreement”) that accompanies or is included with the Software, any ordering documents, exhibits, and other terms and conditions that may apply ("License Terms"). In the event that Software is purchased by you on or through the Website and is not licensed to you under specific terms and conditions, you may use the Software subject to the provisions of the License agreement and the following: (a) the Software may be used solely for personal internal purposes on one computer; (b) the Software may not be modified or altered in any way; and (c) the Software may not be redistributed or shares with any third party.
4. Reservation of Rights
The Website and content provided on or through the Website are the intellectual property and copyrighted works of Mobix and its affiliates. All rights, title and interest not expressly granted with respect to the Website and content provided on or through the Website are reserved. All Content is provided on an "As Is" and "As Available" basis, and Mobix reserves the right to terminate the permissions granted to you hereunder and your use of the Content at any time.
5. Means of Accessing the Website and Content
You agree not to access or use the Website in any manner that could damage, disable, overburden, or impair the Website or any Mobix computer systems or networks. You agree not to interfere or attempt to interfere with the proper working of the Website or any Mobix systems or networks. You agree not to use any robot, spider, scraper or other automated means to access the Website or any Mobix systems or networks without Mobix's express written permission.
If any of the Services require you to open an account, you must complete the registration process by providing us with current, complete and accurate information as required by the applicable registration form. You may also be required to choose a password and a user name. Access to and use of password protected or secure areas of the Website are restricted to authorized users only. You agree not to share your password(s), account information, or access to the Website with any other person. You are responsible for maintaining the confidentiality of password(s) and account information, and you are responsible for all activities that occur through the use of your password(s) or account(s) or as a result of your access to the Website.
6. No Unlawful or Prohibited Use
7. Commercial Terms for Purchase of Products
The purchase of licenses to use any of the Mobix products or solutions shall be under and according to the commercial terms, including the prices and payment terms, as set forth on the Website or as agreed upon with Mobix in writing.
Mobix reserves the right to change its prices at any time. If you received a discount or other promotional offer, Mobix shall have the right to automatically and without notice renew your subscription to such Mobix Service(s) at the full applicable licensing fee.
All Prices shall be deemed to be in U.S. Dollars, except as specifically stated otherwise in writing by Mobix. To the extent permitted by law (and unless specified otherwise by Mobix in writing), all prices are exclusive of all taxes (including value added tax, sales tax, goods and services tax, etc.), levies or duties imposed by taxing authorities (“Taxes”), and you shall be responsible for payment of all applicable Taxes relating to your use of the Mobix Services, or to any payments or purchases made by you.
8. Subscription Auto-Renewals
In order to ensure that you do not experience any interruption or loss of services due to the lapse of any particular licensing subscription period, the Mobix services operate with automatic renewal, on a recurring-fees basis (except where explicitly stated otherwise by Mobix in writing). Accordingly, where applicable, Mobix will attempt to automatically renew the applicable Mobix Service(s) for a renewal period equal in time to the original subscription period for such Service, and automatically charge you the applicable Fees using the payment method you have on file with Mobix.
For example, if the original subscription period for a Service is one month, each of its renewal periods (where applicable) will be for one month. Therefore, unless you cancel the applicable Mobix service(s), Mobix will automatically renew such service when it comes up for renewal, and charge you the applicable recurring fees. In order to avoid any interruptions or loss of services due to failure to process renewal charges prior to the expiration of the subscription period then in effect, we reserve our right (but shall not be obligated) to charge for the upcoming renewal period up to two (2) weeks before such renewal period actually commences. In the event of failure to collect the fees owed by you, we may in our sole discretion (but shall not be obligated to) retry to collect on a later time, and/or suspend or cancel your use of the services, without further notice.
9. Money-Back Guarantee
If you are not satisfied with Mobix Services that are subject to a fee for a period of service or subscription commitment and which is your initial purchase of such service, you may provide notice of cancellation for any reason within fourteen (14) days of having first ordered or activated such Mobix Services (the “Refund” and “Refund Period”). The Refund is applicable only to the initial purchase of Mobix services. The Refund is not applicable to any additional purchases, upgrades, modification or renewals of Mobix Services. If Mobix receives such notice within such Refund Period, Mobix will refund to you the amount Mobix charged you for such Mobix Services, in currency you were originally charged in, and cancel them accordingly. Please note that the Refund amount may be different than the amount you were charged due to currency changes and third party fees. Mobix will not be responsible for any differences caused by change of currency exchange rates or fees you were charged by third parties. After the Refund Period, the Fees paid by you are non-refundable and non-cancellable.
10. Termination of Use
Mobix may, in its sole discretion, at any time discontinue providing or limit access to the Website, any areas of the Website or content provided on or through the Website. Mobix may, in its sole discretion, at any time, terminate or limit the access, of certain users, to, or use of, the Website or any content. Mobix may terminate or limit the access of a user to the Website if Mobix determines, in its sole discretion, that such users as infringed the rights of any third party.
11. Mobix Marks
Mobix, the Mobix logo, and other marks related to Mobix products and services (“Mobix Marks”) are the exclusive and valuable property of Mobix. The Mobix Marks can only be reproduced or displayed with specific prior written permission from Mobix.
12. No Warranty
The Mobix Website and the information provided therein are for the convenience of users of the Website and for customers and potential customers of Mobix, its products, or its services. The information provided on the Mobix Sites and the products and services described on the Mobix Sites are subject to change without notice. MOBIX DOES NOT REPRESENT OR WARRANT THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, RELIABILITY, OPERABILITY, OR AVAILABILITY OF ANY INFORMATION OR MATERIAL DISPLAYED OR DOWNLOADED FROM THE MOBIX WEBSITE. EXCEPT AS PROVIDED BY THE TERMS OF AN APPLICABLE END-USER LICENSE AGREEMENT OR OTHER WRITTEN AGREEMENT SIGNED BY MOBIX, THE WEBSITE, SERVICES, AND SOFTWARE ARE PROVIDED “AS IS,” WITH NO WARRANTY, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. MOBIX DISCLAIMS ANY IMPLIED, EXPRESS, OR STATUTORY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE MOBIX SITES AND SOFTWARE DOWNLOADED THEREFROM, INCLUDING INFORMATION OR ADVICE OBTAINED THROUGH THE MOBIX WEBSITE, SERVICES, OR SOFTWARE. MOBIX DOES NOT WARRANT THAT THE WEBSITE, SOFTWARE, OR SERVICES WILL OPERATE ERROR-FREE OR THAT THE WEBSITE IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE WEBSITE, SERVICES, OR SOFTWARE AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. IF YOUR USE OF THE WEBSITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACEMENT OF EQUIPMENT OR DATA, MOBIX IS NOT RESPONSIBLE FOR THOSE COSTS.
13. Limitation of Liability
Except as provided by other written agreement signed by Mobix, UNDER NO CIRCUMSTANCES IS MOBIX OR ITS AFFILIATES LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL, RELIANCE, OR CONSEQUENTIAL, OR SPECIAL DAMAGES WHETHER OR NOT FORSEEN, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) ON ACCOUNT OF YOUR USE, MISUSE, OR RELIANCE ON THE INFORMATION SERVICES OR SOFTWARE AVAILABLE ON THE MOBIX WEBSITE. THIS LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE ANY OTHER LEGAL THEORY EVEN IF MOBIX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
15. Governing Law
These Terms and all claims related to them, their execution, or the performance of the parties under them, shall be governed by and construed in accordance with the laws of the State of Israel, without giving effect to its conflict of laws provisions or Your actual state or country of residence, and shall not be governed by the provisions of the United Nations Convention on Contracts for the International Sale of Goods. If for any reason, a court of competent jurisdiction finds any provision or portion of these Terms to be unenforceable, the remainder of the Terms will continue in full force and effect.
16. Entire Agreement
Except as provided by an End-User License Agreement or other written agreement signed by Mobix, these Terms constitute the entire agreement between You and Mobix with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.
Mobix may assign its rights and/or obligations hereunder and/or transfer ownership rights and title in the Mobix services to a third party without your consent or prior notice. You may not assign or transfer any of your rights and obligations hereunder without the prior written consent of Mobix. Any attempted or actual assignment thereof without Mobix’s prior explicit and written consent will be null and void. In any event, an assignment or transfer pursuant to this Section 18 shall not in itself grant either Mobix or you the right to cancel any Mobix services then in effect.
19. Contact Information
If you have any questions regarding these Terms or any other terms of the use of the Mobix services, please contact Mobix at firstname.lastname@example.org.