Get to know the Mobilize user terms of service
Welcome to Mobilize. The access and use of our website (mobilize.io ) (the “Site”), its platforms, content, tools, and services (together, the “Platform”) are offered to you subject to the terms of service set forth in this Terms of Service Agreement, together with our Privacy Notice and Data Processing Agreement (collectively, the “Agreement”).
The Site and the Platform are owned and operated by Mobilize Networks Inc. (“Mobilize”, “we”, “our” or “us”). By accessing or using the Site and Platform, you accept this Agreement and any modifications that we may make to this Agreement from time to time. We may update the Agreement at any time. You may view the most recent version at https://www.mobilize.io/terms-of-service. It is your responsibility to review the most recent version of the Agreement frequently and remain informed about any changes to it. By continuing to use the Platform following such changes, you agree to the most current version of this Agreement. This version of the Agreement supersedes all earlier versions, and comprises the entire agreement between you and Mobilize regarding the Platform.
Violation of any of these agreements will result in the termination of your account. You agree to use the Platform at your own risk and understand that Mobilize cannot and is not responsible for any content posted using the Platform or on the Platform, nor to monitoring any information uploaded to the Platform.
If you do not agree to any provision of this Agreement, you should not use the Platform.
1. The Platform
The Platform is as described throughout the Site as may be amended from time to time. This Agreement is applicable to users who initially set up a Mobilize community and manage it (“Administrators”) as well as Members who are invited by Administrators to join such Mobilize communities (“Member”). The term “user” encompasses all users, including both Administrators and Members.
We process data concerning all users of our Platform and visitors to our Site. Such data is processed in accordance with our Privacy Notice, which is located at https://mobilize.io/privacy-policy/.
If Mobilize offers downloads or use of software on the Site, such software (including any files, software, products, API’s and services, including any of the foregoing which are provided by Mobilize’s partners) may be subject to a separate agreement which shall prevail over any of the terms herein.
2. Eligibility to Use our Services
If you are a User, then you hereby warrant the following: (i) you are over 18 years of age, or if you are a corporation, the corporation is valid and allowed to enter into this Agreement. If you are under 18 and over 16, you obtained your parents’ consent to these term of use. If you are under 16 years old, do not use the Platform or the Site.
A User may not use the Site and the Platform if the User is a person barred from using the Site or the Platform under the laws of the United States or other countries including the country in which you are resident or from which you use the Site and/or the Platform. Subject to applicable law, Mobilize may, in its sole discretion, refuse to offer the Site and the Platform to any person or entity and change its eligibility criteria at any time.
3. User Accounts
The services made available on the Platform require you to open an account; you must complete the registration process by providing current, complete and accurate information as prompted by the applicable registration form. You will choose a password and a username. You are responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for all activities that occur under your account. You agree to notify Mobilize immediately of any unauthorized use of your account or any other breach of security. Mobilize will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. You may not use anyone else’s account at any time.
The Administrator shall be responsible for payment to Mobilize.
If the Administrator is subject to the GDPR, he/she can also accept our Data Processing Agreement, available here
Each User is solely responsible for his/her own communications, the consequences of posting those communications, and reliance on any communications found using the Platform. Mobilize is not responsible for the consequences of any communications in any of the Mobilize communities.
By using the Platform, you agree not to take any of the following actions:
In case of breach of this Agreement Mobilize may, at its sole discretion, take any or all of the following:
Mobilize shall have the power and authority to enforce the provisions of the Agreement. In addition, by using the Platform you acknowledge and agree that Administrator and its affiliates are intended third-party beneficiaries of this Agreement and have the power and authority to enforce its provisions.
6. Electronic Communications
When you contact us by sending emails to us, you are communicating with us electronically and you agree to receive communications from us electronically. We will communicate with you by email or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
The Administrator shall be responsible for payment to Mobilize of the applicable fees and taxes as set forth in our platform while Members shall not have any payment obligations. Failure to pay these fees may result in the termination of the Administrator’s account. The Administrator’s purchase may be subject to foreign exchange fees or differences in prices based on location (e.g. exchange rates).
A valid credit card is required for paying accounts. The Administrator authorizes us to store and continue billing the Administrator’s payment method (e.g. credit card) even after it has expired, to avoid interruptions in the Administrator’s service (e.g. subscriptions) and to facilitate easy payment for new services.
The Administrator must pay us for applicable fees and taxes unless the Administrator cancels the service, in which case the Administrator agrees to still pay these fees through the end of the applicable subscription period.
Payment is billed in advance on an annual or monthly basis, depending on the account chosen by the Administrator. All payments are non-refundable. There will be no refunds or credits for partial months of using the Platform, or refunds for months unused with an open account. However, Administrators who elected to pay on an annual basis and have requested to terminate the use of the Platform will be able to use unused months within 2 years from such termination.
Prices of all services are subject to change upon 30 days notice from Mobilize. Such notice may be provided at any time by posting the changes to the Site.
All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
8. Cancellation and termination
You are solely responsible for properly cancelling your account, by using the settings in your account.
Mobilize, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Platform for any reason at any time. Such termination will result in the deactivation or deletion of your account or your access to your account, and the forfeiture and relinquishment of all content in your account. Mobilize reserves the right to refuse service to anyone for any reason at any time.
Following cancellation or termination of the services, Mobilize may store or delete, at Mobilize’s discretion, personal information. If you wish for Mobilize to delete all your personal information, please contact us at [email protected] and we will delete such personal information within 24 hours.
9. Proprietary rights
The Site, the Platform and the content therein are proprietary to Mobilize, excluding content created by Users, and all intellectual property rights related to the Platform and the Site are and shall remain Mobilize’s exclusive property. Nothing in the Site or Platform grants any license or right to use any marks displayed therein without the written permission of the owner of the mark. User’s misuse of the marks displayed on the Site, the Platform or any other content on this Site is strictly prohibited.
10. Links to other websites
11. No warranty
Save to the extent required by law, Mobilize has no special relationship with or fiduciary duty to you. It is understood and agreed that Mobilize has no control over, and no duty to edit or review for accuracy or appropriateness any content provided by you or content provided by any User.
Mobilize does not provide any warranty whatsoever, with respect to any Content provided by you or by any User. It is hereby made explicitly clear that Mobilize shall not be held responsible for any acts and/or omissions on the part of any User. MOBILIZE, ITS SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR SITE AND PLATFORM “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. MOBILIZE, ITS SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. MOBILIZE EXPRESSLY DISCLAIMS ANY WARRANTIES WITH RESPECT TO THE ACCURACY OF THE DATA RESULTING FROM THE PLATFORM AND/OR ANY ACTIONS YOU MAY PURSUE OR REFRAIN FROM TAKING PURSUANT TO SUCH OUTPUT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT THIS SITE OR THE PLATFORM WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, CONTINUOUS, TIMELY, SECURE, OR ERROR OR VIRUS FREE.
12. Limitation of liability
IN NO EVENT SHALL WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR PLATFORM OR THIS AGREEMENT, HOWEVER ARISING, INCLUDING NEGLIGENCE. Neither Mobilize nor its affiliated or related entities or its content providers are responsible or liable to any person or entity whatsoever for any direct or indirect loss, damage (whether actual, consequential, punitive, special or otherwise), injury, claim, liability or other cause of any kind or character whatsoever based upon or resulting from any information provided on the Platform or from the use of, or the inability to use any content or thereon. You specifically agree that Mobilize is not liable for any defamatory, offensive, or illegal conduct of any user. If you are dissatisfied with the Site or the Platform or any materials thereon, or with these terms and conditions, your sole and exclusive remedy is to cease using the Site and Platform.
WITHOUT DEROGATING FROM ANY OF THE FOREGOING, OUR TOTAL AGGREGATE LIABILITY UNDER THIS AGREEMENT, IF ANY, IN CONNECTION WITH THE SITE, THE PLATFORM OR THE AGREEMENT WILL BE LIMITED TO THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO US DURING THE THREE (3) MONTHS PRECEDING THE SERVICES GIVING RISE TO SUCH LIABILITY, IF ANY, AND IF NO SUCH SERVICES ARE APPLICABLE, THEN OUR TOTAL AGGREGATE LIABILITY SHALL NOT EXCEED $1,000 USD. THE FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND ARE FUNDAMENTAL ELEMENTS OF THE BARGAIN BETWEEN US AND YOU.
Mobilize may terminate your access to all or any part of the Platform at any time, with or without cause, or with or without notice, effective immediately, if at Mobilize’s discretion you violate this Agreement. Such termination may result in the destruction of all information and data associated with your account. If you wish to terminate your account, you may do so by changing the settings in your account.
14. Governing Law; Dispute Resolution
The laws of the State of California, USA, will govern this Agreement, without regard to its conflict of law principles. Any and all legal claims, suits or actions that arise in connection with this Agreement and/or the Site or Platform, claimed against us shall be brought exclusively in the courts located San Francisco, California, USA. You agree that this Site shall be deemed a passive website that does not give rise to personal jurisdiction over Mobilize, either specific or general, in jurisdictions other than California.
15. Limitation of Claims
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the Agreement must be filed within one year after such claim or cause of action arose or be forever barred.
16. Waiver and Severability
The failure of Mobilize to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any of the provisions of this Agreement are held invalid, unenforceable, or void by a court or other tribunal of competent jurisdiction, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect.
17. Questions & Contact
Any questions or requests with respect to this Agreement should be addressed to [email protected]