Terms Of Service
Effective Date: April 23, 2020
These terms and conditions (“Terms of Service”) govern your access to and use of MOWICO products, software, services, and web site (collectively “Services”), and any and all information, text, graphics, photos or other materials uploaded, downloaded, or appearing on the Services (collectively “Content”). By accessing and using the Services, you are agreeing to be bound by these Terms of Service. If you do not agree to be bound by these Terms of Service, you are not allowed to use the Services. Wherever used in these Terms of Service, “you”, “your” or similar terms mean the person or legal entity utilizing or accessing the Services.
MOWICO may update and change the Terms of Service from time to time without notice. Continued use of the Service after any such changes shall constitute your consent to such changes. You are responsible for regularly reviewing the most current version of the Terms of Service which are currently available MOWICO web site.
MOWICO IS ONLY WILLING TO PROVIDE THE SERVICES TO YOU UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS AGREEMENT. PLEASE READ THIS AGREEMENT CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS AND REMEDIES.
You are responsible for your use of the Services and for any Content accessed or made available to others through your account (even if that Content is accessed or made available by others). You take all risks associated with the Services and any Content accessed or made available to others through your account. MOWICO will not be held responsible for your use of the Services or for any such Content.
To access or use the Services, you must be able to form a binding contract with MOWICO and you must not be prohibited from receiving the Services under the U.S. or any other applicable laws.
You acknowledge that the Services allow you to access and use content and services offered by third party service providers (including but not limited to; Twitter, Facebook) (“Third Party Service Providers”). You must agree to comply with the relevant terms and conditions of any such Third Party Service Provider.
Your access to and use of the Services must be in accordance with these Terms of Service. If you violate these Terms of Service, you are no longer permitted to use the Services and MOWICO may (but has no obligation to) terminate your ability to access or use the Services at any time.
You must provide your legal full name, a valid email address, and any other information requested in order to complete the account sign-up process.
You are responsible for maintaining the security of your account login information and for any activities or actions occurring under your account. MOWICO encourages you to use a “strong” password (passwords that use a combination of upper and lower case letters, numbers and symbols) for your account. MOWICO will not be responsible for any loss or damages resulting from your failure to comply with this obligation.
Each account login may only be used by one person – a single login shared by multiple people is not permitted. You may create separate logins for your account for as many people as you’d like.
You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
One person or legal entity may not maintain more than one free account, if applicable.
You understand that by using the Services you may be exposed to Content that might be unlawful, offensive, harmful, inaccurate, or otherwise inappropriate or deceptive. MOWICO does not pre-screen Content and cannot be responsible for the Content accessed or made available to others through the Services,
MOWICO and its designees have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Services. MOWICO may (but has no obligation to) remove Content and accounts containing Content that MOWICO determines in its sole discretion to be unlawful, offensive, harmful, inaccurate, or otherwise inappropriate or deceptive (including Content that MOWICO determines in its sole discretion to: (a) be libelous, defamatory, pornographic, obscene, or otherwise objectionable; or (b) violate any party’s intellectual property).
MOWICO does not permit verbal, physical, written or other abuse (including threats of abuse or retribution) of any MOWICO customer, employee, member, or officer. Engaging in any such behaviour may at MOWICO’s sole discretion result in the immediate termination or your account.
You must not upload, post, host, transmit or otherwise make available to others unsolicited email, SMS, or “spam” messages through the Services.
You must not transmit or otherwise make available to others any worms or viruses or any code of a destructive nature (“Viruses”) through the Services.
Use and Restrictions
You may only use the Services to: (a) access Content on MOWICO website; and (b) access, manage and obtain information about your accounts with Third Party Service Providers in accordance with these Terms of Service and any terms specified by the Third Party Service Providers.
You may not access or search or attempt to access or search the Services by any means (automated or otherwise) except through MOWICO’s currently available interfaces.
You may not use the Services for any illegal or unauthorized purpose, including in any way that violates copyright or other laws applicable in EU or applicable to you.
You may not use the Services in a way that is detrimental to the operation of the Services or the access or use of the Services by anyone else. This restriction applies to any use that interferes or attempts to interfere with the normal operations of the Services, including by hacking, deleting, augmenting or altering the Services or any Content.
You may not, without MOWICO’s prior written permission (including the permissions granted by these Terms of Service): (a) copy, distribute (including by framing any of the Services on any web site), modify, enhance, translate, reproduce, sell, resell, sublicense, rent, lease, or otherwise attempt to exploit the Services; (b) decompile, disassemble, reverse engineer, or otherwise attempt to discover the source code (except to the extent that this restriction is expressly prohibited by law); (c) make derivative works of the Services; or (d) modify another website so as to falsely imply that it is associated with the Services, MOWICO or any other MOWICO products or services.
MOWICO Properties can be accessed from countries around the world and may contain references to Services and Content that are not available in your country. These references do not imply that MOWICO intends to announce such Services or Content in your country. MOWICO Properties are controlled and offered by MOWICO from its facilities in the United States of America. MOWICO makes no representations that MOWICO Properties are appropriate or available for use in other locations. Those who access or use MOWICO Properties from other countries do so at their own volition and are responsible for compliance with local law.
Use of Services
1.The Mowico Application, the Website, the Services, and the information and content available on the Website and in the Mowico Application and the Services (collectively, the “Mowico Properties”) are protected by copyright laws throughout the world. Subject to the Terms, Mowico grants you a limited license to reproduce portions of Mowico Properties for the sole purpose of using the Services for your personal or internal business purposes. Unless otherwise specified by Mowico in a separate license, your right to use any Mowico Properties is subject to the Terms.
2. The Services consist of a mobile app development platform designed to allow you and/or your business to create and develop Apps operated by Apple App Store, and Google Play. We provide you with tools, including designs, templates, and layouts, to create and publish your App(s) through the Apple App Store and Google Play. Once completed, we will, on your behalf, upload your Apps on our developer accounts on the Apple App Store and Google Play. We will help you manage the Apps throughout the term of these Terms.
3.Subject to your compliance with the Terms, Mowico grants you a limited non-exclusive, non-transferable, non-sublicensable, revocable license to download, install and use a copy of the Mowico Application on a single mobile device or computer that you own or control and to run such copy of the Mowico Application solely for your own personal or internal business purposes. Furthermore, with respect to any Mowico Application or App accessed through or downloaded from the Apple App Store and Google Play (a “Store Sourced Application”), you will only use the Store Sourced Application as permitted by the “Usage Rules” set forth in the Apple App Store and Google Play Terms of Services.
4. You understand that Mowico Properties are evolving. As a result, Mowico may require you to accept updates to Mowico Properties that you have installed on your computer or mobile device. You acknowledge and agree that Mowico may update Mowico Properties with or without notifying you. You may need to update third-party software from time to time in order to use Mowico Properties.
5. As a part of Mowico Properties, you may have access to materials that are hosted by another party. You agree that it is impossible for Mowico to monitor such materials and that you access these materials at your own risk.
6. The rights granted to you in the Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit Mowico Properties or any portion of Mowico Properties.
7.Any future release, update or other addition to Mowico Properties shall be subject to the Terms. Mowico, its suppliers and service providers reserve all rights not granted in the Terms. Any unauthorized use of Mowico Properties terminates the licenses granted by Mowico pursuant to the Terms.
8. In order to access certain features of Mowico Properties you may be required to become a Registered User. For purposes of the Terms, a “Registered User” is a user who has registered an account on the Website or Mowico Application (“Account”), or has a valid third-party e-commerce platform account through which you may connect to the Website or Mowico Application (each such account, a “Third-Party Account”).
9. Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in your Account or any App, and you further acknowledge and agree that, except with respect to Your Content, all rights in and to your Account and Apps are and shall forever be owned by and inure to the benefit of Mowico.
10. If you access the Mowico Properties through a Third-Party Account, you are allowing Mowico to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account.
11. You must provide all equipment and software necessary to connect to Mowico Properties, including but not limited to, a mobile device that is suitable to connect with and use Mowico Properties, in cases where the Services offer a mobile component. You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing Mowico Properties.
12.You acknowledge that all files, materials, data, text, audio, video, images or other content, including Mowico Properties (“Content”), are the sole responsibility of the party from whom such Content originated. This means that you, and not Mowico, are entirely responsible for all Content that you upload, post, e-mail, transmit or otherwise make available (“Make Available”) through Mowico Properties (“Your Content”), and that you and other Users of Mowico Properties, and not Mowico, are similarly responsible for all Content they Make Available through Mowico Properties (“User Content”).
13. You acknowledge that Mowico has no obligation to pre-screen Content (including, but not limited to, User Content), although Mowico reserves the right in its sole discretion to pre-screen, refuse or remove any Content. By entering into the Terms, you hereby provide your irrevocable consent to such monitoring. You acknowledge and agree that you have no expectation of privacy concerning the transmission of Your Content, including without limitation chat, text, or voice communications. In the event that Mowico pre-screens, refuses or removes any Content, you acknowledge that Mowico will do so for Mowico’s benefit, not yours. Without limiting the foregoing, Mowico shall have the right to remove any Content that violates the Terms or is otherwise objectionable.
14.Unless expressly agreed to by Mowico in writing elsewhere, Mowico has no obligation to store any of Your Content that you Make Available on Mowico Properties. Mowico has no responsibility or liability for the deletion or accuracy of any Content, including Your Content; the failure to store, transmit or receive transmission of Content; or the security, privacy, storage, or transmission of other communications originating with or involving use of Mowico Properties. Certain Services may enable you to specify the level at which such Services restrict access to Your Content. You are solely responsible for applying the appropriate level of access to Your Content. If you do not choose, the system may default to its most permissive setting. You agree that Mowico retains the right to create reasonable limits on Mowico’s use and storage of the Content, including Your Content, such as limits on file size, storage space, processing capacity, and similar limits described on the Website and as otherwise determined by Mowico in its sole discretion.
15.Except with respect to Your Content and User Content, you agree that Mowico, and its suppliers own all rights, title and interest in Mowico Properties (including but not limited to, any apps on Apple App Store and Google Play, computer code, themes, objects, users, usernames, stories, dialogue, concepts, artwork, animations, sounds, audiovisual effects, methods of operation, moral rights, documentation, chat transcripts, user profile information, recordings of users using a Mowico app, and Mowico software clients and server software). You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Website, the Services, or Mowico Properties.
16.The tand other related graphics, logos, service marks and trade names used on or in connection with Mowico Properties or in connection with the Services are the trademarks of Mowico and may not be used without permission in connection with any third-party products or services. Other trademarks, service marks and trade names that may appear on or in Mowico Properties are the property of their respective owners.
17. Mowico does not claim ownership of Your Content. However, when you post or publish Your Content on or in Mowico Properties, you represent that you own and/or have a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, and communicate to the public, perform and display Your Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed, for the full term of any worldwide intellectual property right that may exist in Your Content.
18. Subject to any applicable account settings that you select, you grant Mowico a fully paid, royalty-free, perpetual, irrevocable, worldwide, royalty-free, non-exclusive and fully sublicensable right (including any moral rights) and license to use, license, distribute, reproduce, modify, adapt, publicly perform, and publicly display, Your Content (in whole or in part) for the purposes of operating and providing Mowico Properties to you and to our other users. Please remember that other users may search for, see, use, modify and reproduce any of Your Content that you submit to any “public” area of Mowico Properties. You warrant that the holder of any worldwide intellectual property right, including moral rights, in Your Content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You agree that you, not Mowico, are responsible for all of Your Content that you Make Available on or in Mowico Properties.
19. You are solely responsible for your interactions with other users and any other parties with whom you interact through the Services or your Apps, including your customers; provided, however, that Mowico reserves the right, but has no obligation, to intercede in such disputes. You agree that Mowico will not be responsible for any liability incurred as the result of such interactions.
20.Mowico Properties may contain User Content provided by other users. Mowico is not responsible for and does not control User Content. Mowico has no obligation to review or monitor, and does not approve, endorse or make any representations or warranties with respect to User Content. You use all User Content and interact with other users at your own risk.
21.Mowico Properties may provide access to and/or contain links to third-party websites (“Third-Party Websites”) and applications (“Third-Party Mowico Applications”) and advertisements for third parties ( “Third-Party Ads”). When you click on a link to or otherwise access a Third-Party Website, Third-Party Mowico Application or Third-Party Ad, we will not warn you that you have left Mowico Properties and are subject to the terms and conditions (including privacy policies) of another website or destination. Such Third-Party Websites, Third-Party Mowico Applications and Third-Party Ads are not under the control of Mowico. Mowico is not responsible for any Third-Party Websites, Third-Party Mowico Applications or Third-Party Ads. Mowico provides these Third-Party Websites, Third-Party Mowico Applications and Third Party Ads only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Websites, Third-Party Mowico Applications or Third-Party Ads, or their products or services. You use all links in Third-Party Websites, Third-Party Mowico Applications and Third-Party Ads at your own risk. When you leave our Website, our Terms and policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Websites or Third-Party Mowico Applications, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
22.You acknowledge and agree that the availability of the Mowico Application, the Services, and any Apps, is dependent on the third party from whom you received the Mowico Application or App license, e.g., the Apple App Store or Google Play (“App Store”). You acknowledge that the Terms are between you and Mowico and not with the App Store. Mowico, not the App Store, is solely responsible for Mowico Properties, including the Mowico Application, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement). In order to use the Mowico Application, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with Mowico Properties, including the Mowico Application or any App. You agree to comply with, and your license to use the Mowico Application and any Apps is conditioned upon your compliance with, all applicable third-party terms of agreement (e.g., the App Store’s terms and policies) when using Mowico Properties, including the Mowico Application. You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of the Terms and will have the right to enforce them.
Modifications to the Services and Prices
MOWICO may change the Services at any time and from time to time without notice. Any changes to the Services, including releases of new features, tools or resources, shall be subject to these Terms of Service. MOWICO may also stop (temporarily or permanently) providing the Services (or any part of the Services) to you or to its customers upon 30 days notice with an e-mail.
- You agree to pay all fees or charges to your Account in accordance with the fees, charges and billing terms in effect at the time a fee or charge is due and payable. You must provide Mowico with a valid credit card (Visa, MasterCard, or any other issuer accepted by us) or PayU, or PayPal account (“Payment Provider”), or purchase order information as a condition to signing up for the Services. Your Payment Provider agreement governs your use of the designated credit card, PayU, or PayPal account, and you must refer to that agreement and not the Terms to determine your rights and liabilities. By providing Mowico with your credit card number or PayPal account and associated payment information, you agree that Mowico is authorized to immediately invoice your Account for all fees and charges due and payable to Mowico hereunder and that no additional notice or consent is required. You agree to immediately notify Mowico of any change in your billing address or the credit card or PayPal account used for payment hereunder. Mowico reserves the right at any time to change its prices and billing methods, either immediately upon posting on Mowico Properties or by e-mail delivery to you.
- You will be responsible for payment of the applicable fee for any Services (each, a “Service Subscription Fee”) at the time you create your Account and select your subscription package (each, a “Service Commencement Date”). Except as set forth in the Terms, all fees for the Services are non-refundable. No contract will exist between you and Mowico for the Services until Mowico accepts your order by a confirmatory e-mail, SMS/MMS message, or other appropriate means of communication.
- Mowico’s fees are net of any applicable Sales Tax. If any Services, or payments for any Services, under the Terms are subject to Sales Tax in any jurisdiction and you have not remitted the applicable Sales Tax to Mowico, you will be responsible for the payment of such Sales Tax and any related penalties or interest to the relevant tax authority, and you will indemnify Mowico for any liability or expense we may incur in connection with such Sales Taxes. Upon our request, you will provide us with official receipts issued by the appropriate taxing authority, or other such evidence that you have paid all applicable taxes. For purposes of this section, “Sales Tax” shall mean any sales or use tax, and any other tax measured by sales proceeds, that Mowico is permitted to pass to its customers, that is the functional equivalent of a sales tax where the applicable taxing jurisdiction does not otherwise impose a sales or use tax.
- You must notify us in writing within seven (7) days after receiving your credit card statement, if you dispute any of our charges on that statement or such dispute will be deemed waived. Billing disputes should be notified to the following address: firstname.lastname@example.org .
- If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires. However, you will not be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period. By subscribing, you authorize Mowico to charge your Payment Provider now, and again at the beginning of any subsequent subscription period. Upon renewal of your subscription, if Mowico does not receive payment from your Payment Provider, (i) you agree to pay all amounts due on your Account upon demand, and/or (ii) you agree that Mowico may either terminate or suspend your subscription and continue to attempt to charge your Payment Provider until payment is received (upon receipt of payment, your Account will be activated and for purposes of automatic renewal, your new subscription commitment period will begin as of the day payment was received).
- Termination of Services by Mowico. If timely payment cannot be charged to your Payment Provider for any reason, if you have materially breached any provision of the Terms, or if Mowico is required to do so by law (e.g., where the provision of the Website, the Mowico Application, the Software or the Services is, or becomes, unlawful), Mowico has the right to, immediately and without notice, suspend or terminate any Services provided to you, including any Apps. You agree that all terminations for cause shall be made in Mowico’s sole discretion and that Mowico shall not be liable to you or any third party for any termination of your Account.
- You agree to indemnify and hold Mowico, its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (collectively, the “Mowico Parties”) harmless from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of: (a) Your Content; (b) your use of, or inability to use, Mowico Properties; (c) your violation of the Terms; (d) your violation of any rights of another party, including any Users; or (e) your violation of any applicable laws, rules or regulations. Mowico reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Mowico in asserting any available defenses. This provision does not require you to indemnify any of the Mowico Parties for any unconscionable commercial practice by such party or for such party’s fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Website or any Services provided hereunder. You agree that the provisions in this section will survive any termination of your Account, the Terms or your access to Mowico Properties.
Prices of all Services, including but not limited to monthly subscription plan fees for Services, are subject to change upon 30 days notice from MOWICO. Such notice may be provided at any time by posting the changes on MOWICO’s website (currently located at www. mowico.com).
MOWICO shall not be liable to you or to any third party for any change to the Services, price change, suspension or discontinuance of the Services.
Please read the following arbitration agreement in this Section (“Arbitration Agreement”) carefully. It requires you to arbitrate disputes with Mowico and limits the manner in which you can seek relief from us.
You agree that any dispute or claim relating in any way to your access or use of the Website, to any products sold or distributed through the Website, or to any aspect of your relationship with Mowico, will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims in small claims court if your claims qualify, so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis; and (2) you or Mowico may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall apply, without limitation, to all claims that arose or were asserted before the Effective Date of this Agreement or any prior version of this Agreement.IF YOU AGREE TO ARBITRATION WITH MOWICO, YOU ARE AGREEING IN ADVANCE THAT YOU WILL NOT PARTICIPATE IN OR SEEK TO RECOVER MONETARY OR OTHER RELIEF IN ANY LAWSUIT FILED AGAINST MOWICO ALLEGING CLASS, COLLECTIVE, AND/OR REPRESENTATIVE CLAIMS ON YOUR BEHALF. INSTEAD, BY AGREEING TO ARBITRATION, YOU MAY BRING YOUR CLAIMS AGAINST THE MOWICO IN AN INDIVIDUAL ARBITRATION PROCEEDING. IF SUCCESSFUL ON SUCH CLAIMS, YOU COULD BE AWARDED MONEY OR OTHER RELIEF BY AN ARBITRATOR. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING WHETHER TO ACCEPT THIS AGREEMENT, INCLUDING THIS ARBITRATION AGREEMENT.
- The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent [include name and address of registered agent]. The arbitration will be conducted by ISTAC. Disputes involving claims and counterclaims under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to ISTAC’s most current version of the Streamlined Arbitration Rules and procedures available at their website; all other claims shall be subject to ISTAC’s most current version of the Comprehensive Arbitration Rules and Procedures, available at their website. If ISTAC is not available to arbitrate, the parties will select an alternative arbitral forum. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the country where you live or at another mutually agreed location. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
- The arbitrator, and not any federal, state or local court or agency shall have exclusive authority to resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and Mowico. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and the Agreement (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.
- You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out by emailing email@example.com, within 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, your Mowico username (if any), the email address you used to set up your Mowico account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.
- If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.
- This Arbitration Agreement will survive the termination of your relationship with Mowico.
- Notwithstanding any provision in this Agreement to the contrary, we agree that if Mowico makes any future material change to this Arbitration Agreement, it will not apply to any individual claim(s) that you had already provided notice of to Mowico.
- The communications between you and Mowico use electronic means, whether you visit Mowico Properties or send Mowico e-mails, or whether Mowico posts notices on Mowico Properties or communicates with you via e-mail. For contractual purposes, you (1) consent to receive communications from Mowico in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Mowico provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
- The Terms, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without Mowico’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
- You hereby release Mowico Parties and their successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from your use of Mowico Properties, including but not limited to, any interactions with or conduct of other users or third-party websites of any kind arising in connection with or as a result of the Terms or your use of Mowico Properties. If you are a California resident, you hereby waive California Civil Code Section 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor. The foregoing release does not apply to any claims, demands, or any losses, damages, rights and actions of any kind, including personal injuries, death or property damage for any unconscionable commercial practice by a Mowico Party or for such party’s fraud, deception, false, promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Website or any Services provided hereunder.
- Mowico shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, pandemic, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
- To the extent the parties are permitted under this Agreement to initiate litigation in a court, both you and Mowico agree that all claims and disputes arising out of or relating to the Agreement will be litigated exclusively in the courts located in Istanbul, Turkey.
- The Terms and any action related thereto will be governed and interpreted by and under the laws of the State of California, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.
- Where Mowico requires that you provide an e-mail address, you are responsible for providing Mowico with your most current e-mail address. In the event that the last e-mail address you provided to Mowico is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by the Terms, Mowico’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice.
- Any waiver or failure to enforce any provision of the Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
- If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.
By accepting Mowico’s Terms & Conditions:
- YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF MOWICO PROPERTIES IS AT YOUR SOLE RISK, AND MOWICO PROPERTIES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. MOWICO PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT ARISING FROM USE OF THE SERVICES OR APPS.
- MOWICO PARTIES MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) MOWICO PROPERTIES OR ANY APPS WILL MEET YOUR REQUIREMENTS; (2) YOUR USE OF MOWICO PROPERTIES OR APPS WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (3) THE RESULTS THAT MAY BE OBTAINED FROM USE OF MOWICO PROPERTIES OR APPS WILL BE ACCURATE OR RELIABLE.
- THE SERVICES AND APPS MAY BE SUBJECT TO DELAYS, CANCELLATIONS AND OTHER DISRUPTIONS. MOWICO MAKES NO WARRANTY, REPRESENTATION OR CONDITION WITH RESPECT TO SERVICES, INCLUDING BUT NOT LIMITED TO, THE QUALITY, EFFECTIVENESS, REPUTATION AND OTHER CHARACTERISTICS OF SERVICES.
- YOU ACKNOWLEDGE AND AGREE THAT MOWICO PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD MOWICO PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES ON THE SERVICES, INCLUDING ANY THIRD-PARTY ACCOUNT PROVIDER OR ANY OTHER OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU.
- YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF MOWICO PROPERTIES OR ANY USERS OF YOUR APPS, INCLUDING YOUR CUSTOMERS. YOU UNDERSTAND THAT MOWICO DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF MOWICO PROPERTIES.
- UNDER NO CIRCUMSTANCES WILL MOWICO PARTIES BE LIABLE TO YOU FOR MORE THAN THE GREATER OF (A) THE TOTAL AMOUNT PAID TO MOWICO BY YOU DURING THE ONE-MONTH PERIOD PERIOD TO THE ACT, OMISSION, OR OCCURENCE GIVING RISE TO SUCH LIABILITY, AND (B) THE REMEDY OR PENALTY IMPOSED BY THE STATUTE UNDER WHICH SUCH CLAIM ARISES.
You may not use, export, import, or transfer Mowico Properties except as authorized by U.S. law, the laws of the jurisdiction in which you obtained Mowico Properties, and any other applicable laws. In particular, but without limitation, Mowico Properties 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 Mowico Properties, 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 Mowico Properties for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons. You acknowledge and agree that products, services or technology provided by Mowico are subject to the export control laws and regulations of the United States. You shall comply with these laws and regulations and shall not, without prior U.S. government authorization, export, re-export, or transfer Mowico products, services or technology, either directly or indirectly, to any country in violation of such laws and regulations.
- You acknowledge and agree that (i) the Terms are concluded between you and Mowico only, and not Apple or Google, and (ii) Mowico, not Apple or Google, is solely responsible for the App Store or Google Play Sourced Mowico Application and content thereof. Your use of the App Store or Google Play Sourced Mowico Application must comply with the App Store and Google Play Terms of Services.
- You acknowledge that neither Apple nor Google has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store or Google Play Sourced Mowico Application.
- In the event of any failure of the App Store or Google Play Sourced Mowico Application to conform to any applicable warranty, you may notify Apple or Google, and Apple and Google will refund the purchase price for the App Store and Google Play Sourced Mowico Application to you and to the maximum extent permitted by applicable law, Apple or Google will have no other warranty obligation whatsoever with respect to the App Store or Google Play Sourced Mowico Application. As between Mowico and Apple, or Google, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Mowico.
- You and Mowico acknowledge that, as between Mowico and Apple or Google, Apple or Google is not responsible for addressing any claims you have or any claims of any third party relating to the App Store or Google Play Sourced Mowico Application or your possession and use of the App Store or Google Play Sourced Mowico Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store or Google Play Sourced Mowico Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
- You and Mowico acknowledge and agree that Apple or Google, and Apple’s or Google’s subsidiaries, are third-party beneficiaries of the Terms as related to your license of the App Store or Google Play Sourced Mowico Application, and that, upon your acceptance of the terms and conditions of the Terms, Apple or Google will have the right (and will be deemed to have accepted the right) to enforce the Terms as related to your license of the App Store or Google Play Sourced Mowico Application against you as a third-party beneficiary thereof.
- Without limiting any other terms of the Terms, you must comply with all applicable third-party terms of agreement when using the App Store or Google Play Sourced Mowico Application.
These Terms are the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.