terms of service

Revision date: August 10, 2018

introduction

Welcome to InfoBI Mobile, a service that provides mobile analytics in the cloud. 
This is an agreement (hereinafter, the "Agreement") between SIA InfoBI Mobile (hereinafter, "InfoBI Mobile", "us" or "we") and you, the individual or legal entity you listed on the account and on whose behalf you are entering this Agreement (“you”) and sets forth the terms and conditions which govern your use of the InfoBI Mobile website, portal, mobile application and/or any related services (hereinafter, the "Services").
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING OR USING THE SERVICES. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SERVICES AND SHOULD IMMEDIATELY CEASE SUCH USE. 
If you accept this Agreement, you represent that you have the capacity to be bound by it or if you are acting on behalf of a company or entity that you have the authority to bind such entity.
We reserve the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time on our website www.infobi.mobi.

account terms

You must be 13 years or older to use this Service. You must be a human or a registered corporation. Accounts registered by ‘bots’ or other automated methods are not permitted. You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process. Your login may only be used by one person. A single login shared by multiple persons is not permitted. You are responsible for all activity that occurs under your account (even when activity is generated by others who have accounts under your account). You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

Third Party Products and Services

InfoBI Mobile does not make any representations, warranties or guarantees with respect to any third party products or services. While InfoBI Mobile may rely on data or information provided or generated by such third party products and services in the course of providing the Services, Customer hereby acknowledges that InfoBI Mobile specifically does not warrant the accuracy, reliability or completeness of any such data and information; and agrees that InfoBI Mobile shall not be liable for any acts or omissions based on its reliance thereon. 
YOU ACKNOWLEDGE AND AGREE THAT WHEN INFOBIMOBILE IS ACCESSING AND RETRIEVING ACCOUNT INFORMATION FROM THIRD PARTY PRODUCTS AND SERVICES, INFOBIMOBILE IS ACTING AS YOUR AGENT, AND NOT AS THE AGENT OF OR ON BEHALF OF THE THIRD PARTY.

Member Account and Password Security

You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify InfoBI Mobile of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. InfoBI Mobile cannot and will not be liable for any loss or damage arising from your failure to comply with this section.

Proprietary Rights

By sending or transmitting to us information or other materials or authorizing us to collect information or other materials regarding you or your company from third parties, including financial information related to the performance of your company (collectively " Submission Materials"), you hereby grant to us a sublicensable, assignable, royalty-free, perpetual right to use, reproduce, distribute, create derivative works of and digitally perform such Submission Materials in any media now known or hereafter devised as necessary or desirable to operate the Service, but at all times, in accordance with InfoBI Mobile Privacy Policy. You represent that (i) you have the right to provide the Submission Materials to InfoBI Mobile pursuant to the license grant above and (ii) all Submission Materials are true, accurate, current and complete, including the information about your accounts maintained at other web sites, as requested in our “add account” setup forms.
You understand and acknowledge that (i) the software, code, proprietary methods and systems used to provide the Services, (ii) the design, look and feel of our template reports, (iii) the graphical elements of our template reports, (iv) the Content other than the Content submitted by you or on your behalf and (v) any intellectual property therein (collectively, “Our Intellectual Property”) may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without our prior written permission and the prior written permission of our applicable licensors. You acknowledge and agree that Our Intellectual Property is the sole property of InfoBI Mobile or its licensors. You must abide by all copyright notices, information, or restrictions contained in or attached to any of Our Intellectual Property. Nothing in this Agreement grants you any right to receive delivery of a copy of Our Intellectual Property or to obtain access to Our Intellectual Property except as generally and ordinarily permitted through the Service according to this Agreement. Furthermore, nothing in this Agreement will be deemed to grant, by implication, estoppel or otherwise, a license to Our Intellectual Property. Certain of the names, logos, and other materials displayed used in the Services constitute trademarks, trade names, service marks or logos (“Marks”) of InfoBI Mobile or other entities. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therewith remains with us or those other entities. Any use of third party software provided in connection with the Services will be governed by such third parties’ licenses and not by this Agreement. You hereby authorize InfoBI Mobile to use your company’s name and Marks for the sole purpose of identifying your company as a customer of InfoBI Mobile, including any listings on the InfoBI Mobile website www.infobi.mobi or in other promotional materials.

Feedback

In the event that you provide us any ideas, thoughts, criticisms, suggested improvements or other feedback related to our Services (collectively “Feedback”), you agree we may use the Feedback to modify our products and services and that you will not be due any compensation, including any royalty related to the product or service that incorporates your Feedback. You grant to us a worldwide, royalty-free, fully paid, perpetual, irrevocable license to use, reproduce, modify, translate, distribute, perform, display, import, sell, offer for sale, make, have made and otherwise exploit the Feedback in any form, media, or technology, whether now known or hereafter developed, and to allow others to do the same. This is true whether you provide the Feedback in the any Submission Materials, email or any other method of communication with us unless we have entered into a separate agreement with you that provides otherwise.

Prohibited Activities

In connection with your use of the Services, you acknowledge and agree that you will not:copy, modify, publish, transmit, distribute, transfer or sell, create derivative works of, or in any way exploit any of the information, software, text, images, graphics, video files, audio files, ideas or other materials (collectively the “Content”) of the Services not submitted or provided by you, including by use of any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology, unless you obtain our prior written consent; use any engine, software, tool, agent or other device or mechanism to navigate or search the Services, other than the search engines and agents available through the Service and other than generally available third party web browsers; copy, reverse engineer, reverse assemble, otherwise attempt to discover the source code, distribute, transmit, display, perform, reproduce, publish, license, transfer, or sell any information, software, products or services obtained through the Services; access the Services by any means other than through the standard industry-accepted or InfoBI Mobile provided interfaces; transmit any message, information, data, text, software, image, or other content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable which may invade another's right of privacy or publicity; post or transmit any material that contains a virus, worm, Trojan horse, corrupted data, or any other contaminating or destructive feature; use any of the Service's communications features in a manner that adversely affects the availability of its resources to other users; post or transmit any unsolicited advertising, promotional materials, "junk mail", "spam," "chain letters," "pyramid schemes," or any other form of solicitation or any non-resume information such as opinions or notices, commercial or otherwise; violate any applicable local, state, national, or international law; upload or transmit any material that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any third party or violates a third party’s right of privacy or publicity; manipulate or otherwise display the Site and/or the Services by using framing or similar navigational technology; register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe any party for InfoBI Mobile Service if you are not expressly authorized by such party to do so; use the Services for any purpose that is unlawful or prohibited by these terms and conditions. You may not use the Services in any manner that could damage, disable, overburden, or impair InfoBI Mobile‘s servers or networks, or interfere with any other user's use and enjoyment of the Services. Furthermore, you may not attempt to gain unauthorized access to any of the Services, accounts, computer systems or networks connected to InfoBI Mobile through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services; or knowingly provide any Content that is false or inaccurate or becomes false or inaccurate at any time.

Jurisdictional Issues

InfoBI Mobile makes no representation or warranty that the content and materials used in the Services are appropriate or available or appropriate for use in locations outside Latvia. Those who choose to access the Services from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent applicable. InfoBI Mobile reserves the right, at any time in our sole discretion, to limit the availability and accessibility of the Services to any person, geographic area, or jurisdiction we so desire, and to limit the quantities of any such Service or products that we provide.

General Information

This Agreement constitutes the entire agreement and understanding between you and InfoBI Mobile and governs your use of the Services, superseding any prior agreements between you and InfoBI Mobile. This Agreement and the relationship between you and InfoBI Mobile shall be governed by and construed in accordance with the laws of Latvia, without regard to its conflict of law provisions. You and InfoBI Mobile irrevocably agree to submit to the personal and exclusive jurisdiction of the French state courts located in Riga, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. The failure of InfoBI Mobile to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severed herefrom and shall not affect the validity and enforceability of any remaining provisions. The section titles in this Agreement are for convenience purposes only and have no legal or contractual effect. This Agreement is not assignable, transferable or sub-licensable by you except with our prior written consent. However, we may assign this Agreement to any third party whom we choose without your consent. No waiver by InfoBI Mobile of any breach or default hereunder shall be deemed a waiver of any preceding or subsequent breach or default. You acknowledge that we have the right hereunder to seek an injunction, if necessary, to stop or prevent a breach of your obligations hereunder.

Disclaimer of Warranties

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INFOBIMOBILE DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING (WITHOUT LIMITATION) ANY WARRANTY AS TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, TITLE, OR NON-INFRINGEMENT. INFOBIMOBILE DOES NOT WARRANT THAT THE SERVICES WILL MEET CUSTOMER’S REQUIREMENTS NOR DOES IT GIVE ANY WARRANTY ABOUT THE RESULTS THAT MAY BE OBTAINED BY USING THE SERVICES.

Limitation of Liability

IN NO EVENT WILL INFOBIMOBILE BE LIABLE TO CUSTOMER OR ANY OTHER PARTY FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATED TO THE SERVICES, OR TO THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF DATA, LOSS OF USE, OR LOSS OF PROFITS, EVEN IF INFOBIMOBILE HAS BEEN ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. FURTHER, IN NO EVENT WILL INFOBIMOBILE’S TOTAL CUMULATIVE LIABILITY TO CUSTOMER OR ANY OTHER PARTY FOR CLAIMS, LOSSES, OR DAMAGES OF ANY KIND, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, INDEMNITY OR OTHERWISE, ARISING OUT OF OR RELATED IN ANY WAY TO THIS AGREEMENT OR THE SERVICES EXCEED THE FEES PAID HEREUNDER DURING THE TWELVE (12)-MONTH PERIOD ENDING ON THE DATE OF THE CAUSE OF ACTION UNDERLYING SUCH CLAIM, LOSS OR DAMAGE. No claim may be asserted by Customer against InfoBI Mobile more than twelve (12) months after the date of the cause of action underlying such claim. In the event of any failure, or InfoBI Mobile’s non-provision, of the Services, Customer’s sole and exclusive remedy shall be for InfoBI Mobile to use commercially reasonable efforts to repair or provide the Services.

Indemnification

You agree to indemnify, defend, and hold InfoBI Mobile and its subsidiaries, affiliates, officers, directors, agents, co-branders or other partners, employees, and representatives harmless from and against any and all claims, damages, losses, costs or expenses (including reasonable attorneys' fees and disbursements) which arise directly or indirectly out of or from (i) your breach of this Agreement, (ii) any allegation that any materials that you submit to InfoBI Mobile infringe or otherwise violate the copyright, trade secret, trademark or other intellectual property rights, or any other rights of a third party, or (iii) your access or use of the Site and/or the Services. This Section shall survive in the event this Agreement is terminated for any reason.

Termination

This Agreement shall remain effective until terminated in accordance with its own terms and conditions. You agree that InfoBI Mobile, in its sole discretion, may terminate your password, account (in whole or in part), or use of the Services, and remove and discard any content within the Services, at any time and for any reason. You agree that any actions taken under this Section may be effective without prior notice to you. YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE SERVICES OR DELETION OF YOUR ACCOUNT OR YOUR SUBMISSION MATERIALS. In the event of termination, however, those Sections in this Agreement which, by their nature, survive termination of the Agreement shall so survive.

Modifications to the SERVICES

We reserve the right to modify or discontinue the Services with or without notice to you. We will not be liable to you or any third party should we exercise our right to modify or discontinue the Services. If you object to any such changes, your sole recourse will be to cease access to the Services. Continued access to the Services following notice of any such changes will indicate your acknowledgement of such changes and satisfaction with the Services as so modified.

Electronic Communications

We can only give you the benefits of our service by conducting business through the Internet, and therefore we need you to consent to our giving you Communications electronically. This Section informs you of your rights when receiving Communications from us electronically. For contractual purposes, you (i) consent to receive communications from us in an electronic form; and (ii) agree that all terms and conditions, agreements, notices, documents, disclosures, and other communications (“Communications”) that we provide to you electronically satisfy any legal requirement that such Communications would satisfy if it were in writing. Your consent to receive Communications and do business electronically, and our agreement to do so, applies to all of your interactions and transactions with us. The foregoing does not affect your non-waivable rights. You may also receive a copy of this Agreement. You may withdraw your consent to receive Communications electronically by contacting us in the manner described below. If you withdraw your consent, from that time forward, you must stop using the Services. The withdrawal of your consent will not affect the legal validity and enforceability of any obligations or any electronic Communications provided or business transacted between us prior to the time you withdraw your consent. Please keep us informed of any changes in your email or mailing address so that you continue to receive all Communications without interruption.

Modification to this Agreement

InfoBI Mobile may modify this Agreement at any time. If such change is material, we will post notice of the change on the InfoBI Mobile home page www.infobi.mobi or by email to registered users. Your use of the Services following such notice shall be deemed your acceptance of such changes. You agree to review the Agreement periodically to be aware of such modifications.

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