Terms and Conditions

Last updated: March 16, 2026

Please read these Terms carefully. By using MobiLoud or signing up for an account, you’re agreeing to these Terms. This is a legal agreement.

Through the MobiLoud service, Fifty Pixels Ltd, trading as MobiLoud (“MobiLoud”) provides website publishers, operators and other individuals with a number of tools and services (including this website) to help them create, publish, and manage mobile applications (the “Services”). The following terms and conditions govern all use of the Services and all content, services and products available at or through the MobiLoud website (taken together, the Website).

The Website and Services are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, MobiLoud’s Privacy Policy) and procedures that may be published from time to time on this Website by MobiLoud (collectively, the “Agreement”).

MobiLoud may modify the terms of this Agreement and may discontinue or revise any or all other aspects of the Services at its sole discretion, by posting updated versions of the Agreement on the Website or otherwise providing notice to you. All such changes shall become effective upon posting of the revised Agreement on the MobiLoud website. Your continued use of the Services will constitute your acceptance of the updated Agreement. For changes to pricing and fees specifically, see Section 3.1. Please read this Agreement carefully before accessing or using the Website.

By accessing or using any part of the website, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by MobiLoud, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 16 years old.

Where a Customer has executed an Order Form with MobiLoud, the terms specified in that Order Form take precedence over these Terms on any point where they conflict, for the duration of that Order Form’s term.

1. Your Account and Mobile App

If you create an app with the Services, you are responsible for maintaining the security of your account and app, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the app.

You must not describe or assign keywords to your app in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and MobiLoud may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause MobiLoud liability.

You must immediately notify MobiLoud of any unauthorized uses of your app, your account or any other breaches of security. MobiLoud will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.

The applications created using the Services will have to meet all rules, contract terms and guidelines of the relevant app stores and marketplaces and in particular Apple’s App Store Guidelines and Google Play’s Developer Policies. MobiLoud does not guarantee in any way that apps built using the Services will be approved for publication by any third party.

All your applications must include a link to your Privacy Policy in the store metadata and within the app in a way that is obvious and easy to access to users. The privacy policy must clearly identify what data the app and/or your website (if accessible from the app) collects, how the data is collected and all uses you make of the data. Your policy should include mention of all third parties with whom your app shares user data e.g. Google for analytics and crash logging, advertising, Onesignal for push notifications. You should confirm that these third parties will provide the same or equal protection to user data as stated in your privacy policy and as required by Apple and Google in their guidelines. Your policy must explain your data retention and deletion policies and describe how a user can revoke their consent or request deletion of the user’s data.

Your app must secure user consent for the collection of user data, even anonymous data. If your app collects data for a legitimate interest without consent based on GDPR terms or a similar regulation, you must comply with all terms of that law.

2. Your Responsibilities

If you operate an app, comment on your app, publish articles, images or products to your app, post links on the app, or otherwise make (or allow any third party to make) material available by means of the service (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content.

That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:

the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
the Content is not aggregated or copied from third party sites, even if the source is mentioned, unless proof of authorization from the original content owner can be provided;
if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
the app or Content does not impersonate any person or organization, does not conceal its ownership or primary purpose, misrepresent or conceal its country of origin and direct content at users in another country;
the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content; the Content does not promote any type of hacking or tampering with devices in a way that provides unauthorized access to devices, software, servers, or websites (e.g. iOS jailbreaking related content or instructions to hack into a server);
the Content is not spam, is not machine-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
the Content is not pornographic, does not contain conspiracy theories, threats and hate speech or incite violence towards any individuals or entities, and does not violate the privacy or publicity rights of any third party;
the Content in your app doesn’t incite hatred or promote the discrimination of an individual or group based on their race, ethnicity, religion, age, nationality, sexual orientation or gender or denies a major tragic event having taken place;
the Content does not relate to a major health crisis (e.g. COVID–19) and includes statements that contradict authoritative, scientific consensus; if COVID–19 is mentioned, the app must meet Apple and Google’s requirements for COVID–19 related apps, in particular it must not contain or perpetuate conspiracy theories, misleading claims, miracle cures or dangerous treatments, or any patently false or unverifiable information pertaining to COVID–19;
the Content does not make claims that are demonstrably false and could undermine participation in an electoral or democratic process or deceive users through manipulated media on topics like politics, social issues, or matters of public concern;
the app or Content is not concealing or misrepresenting your identity if your content is about politics, social issues, or matters of public concern;
if the app qualifies as a news app (e.g. is using our News product or displays news content in a Canvas app), it must meet Google’s requirements for News apps, display valid contact information and accurate information about the author of each article: the app has to provide ownership information about the news publisher and its contributors including, but not limited to, the official website for the news published in your app, valid and verifiable contact information, and the original publisher of each article;
the Content in your app doesn’t facilitate online gambling outside of the rules and guidelines from Apple and Google;
the app or Content in your app doesn’t facilitate or promote illegal activities such as the sale or purchase of illegal drugs or prescription drugs without a prescription, describing or encouraging the use or sale of drugs, alcohol, or tobacco by minors, or includes instructions for growing or manufacturing illegal drugs; the app cannot facilitate the sale of marijuana or marijuana products, regardless of legality;
the app or Content doesn’t facilitate the sale of explosives, firearms, ammunition;
if your app displays user-generated content your app must include functionality for users to report such content, a moderation policy and enforcement that removes egregious content like posts that incite violence or pornographic content; the app also has to include contact information so users can easily reach you;
if your app displays user-generated content, the app should require that users accept the app’s Terms of Use and Privacy policy before users can create any content;
your app is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other apps and websites, and similar unsolicited promotional methods;
your app doesn’t sell or promotes the sale of counterfeit products e.g. products containing a trademark or logo that is similar or indistinguishable from the trademark of another in the attempt to deceive a user to believe they’re from another company or brand;
your app is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your app’s name is not the name of a person other than yourself or company other than your own; and
you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by MobiLoud or otherwise.

By submitting Content or graphic materials (e.g. your logo) to MobiLoud for inclusion on your app, you grant MobiLoud a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the content and materials solely for the purpose of displaying, distributing and promoting your app.

Without limiting any of those representations or warranties, MobiLoud has the right (though not the obligation) to, in MobiLoud’s sole discretion (i) refuse or remove any app that, in MobiLoud’s reasonable opinion, violates any MobiLoud policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in MobiLoud’s sole discretion. MobiLoud will have no obligation to provide a refund of any amounts previously paid.

3. Fees, Plans, and Billing

3.1 Plans and Pricing

MobiLoud offers its Services under tiered subscription plans (“Plans”), currently designated as Startup, Growth, and Corporate. Each Plan includes a defined set of features, support levels, and usage allowances.

MobiLoud reserves the right to change its pricing, Plans, and fee structure at any time. MobiLoud will provide at least thirty (30) days’ written notice before any price change takes effect for an existing Customer. If the Customer does not wish to continue at the new pricing, the Customer may terminate this Agreement by providing written notice before the new pricing takes effect; the current pricing will apply until the end of the Customer’s current prepaid billing period.

3.2 Monthly Active Users (MAU)

“Monthly Active Users” or “MAU” means the number of unique devices that open the Customer’s mobile application at least once during a rolling thirty (30) day period, as reported by the Customer’s analytics platform (e.g. Firebase). MobiLoud reviews each Customer’s MAU on a regular basis, typically monthly.

3.3 Overage and Plan Adjustment

If a Customer’s average MAU exceeds the limit included in their Plan for two (2) consecutive months, MobiLoud will provide at least seven (7) days’ written notice and move the Customer to the next applicable Plan tier or MAU band. For Customers on monthly billing, the adjusted fee applies from the next billing cycle. For Customers on annual prepayment, MobiLoud will issue a pro-rated invoice for the fee difference covering the remainder of the annual term.

3.4 Payment Terms

By signing up for the Services or executing an Order Form, you agree to pay MobiLoud all fees indicated for the selected Plan, including any applicable setup fees, subscription fees, and add-on fees. Payments are charged on a pre-pay basis on the day you sign up or as specified in your Order Form, and cover the applicable billing period (monthly or annual).

All payments are due before any work begins, including app development, configuration, and onboarding. Payments are not contingent on app completion, go-live, or app store approval.

All prices are exclusive of applicable taxes (including VAT, GST, and sales tax), which will be added where required by law.

By providing a credit card or other payment method, the Customer authorizes MobiLoud to charge that payment method for all fees due under this Agreement, including subscription fees, setup fees, add-on fees, overage fees, renewal fees, and any outstanding or unpaid invoices. This authorization remains in effect for the duration of the Agreement and until all fees due have been paid in full following termination or cancellation.

3.5 Setup Fees

Setup fees are one-time, non-refundable charges payable before work begins. Setup fees are non-refundable under all circumstances, including cancellation, app store rejection, or termination of this Agreement.

3.6 Non-Refundable Fees

All fees paid to MobiLoud, including but not limited to setup fees, monthly fees, and annual fees, are non-refundable. No refunds will be issued under any circumstances, regardless of the status of your app or delays with approval or submission of your app. By signing up for our Services, you acknowledge and agree to this no-refund policy.

The sole exception: should your app not be approved due to a technical issue specifically within MobiLoud’s platform, MobiLoud will refund subscription fees paid (monthly or annual). Setup fees remain non-refundable. This exception does not apply if the app is not approved due to factors outside MobiLoud’s control, including but not limited to issues related to your website, design, functionality, billing, or any aspect of your business or business model.

3.7 Cancellation

Services may be cancelled by either party on thirty (30) days’ written notice to the other party, sent via email to the contact address on file. Cancellation during a billing cycle does not entitle the Customer to a pro-rated refund for the remainder of that cycle. Annual prepayments are non-refundable for the remainder of the annual term.

Where an Order Form specifies a minimum commitment period, cancellation is subject to that minimum term.

3.8 Renewal

Unless you notify MobiLoud before the end of the applicable subscription period that you wish to cancel, your subscription will automatically renew for successive periods of the same length and you authorize MobiLoud to collect the then-applicable fees (including any taxes) using any payment method on file.

Thirty (30) days before each renewal date, MobiLoud will calculate the Customer’s average MAU across the three most recent months and advise the Customer of the applicable pricing for the renewal period. The Customer has fourteen (14) days to accept or negotiate. If no response is received within that period, the Agreement renews at the advised price.

3.9 License

MobiLoud hereby grants you a worldwide, non-exclusive, personal, non-assignable license to use the Services for the duration of this Agreement, exclusively under the conditions set forth herein and while all fees due under this Agreement are fully paid. This license terminates upon cancellation, on the last day of the period covered by your last payment.

4. Add-On Services and Additional Fees

4.1 Available Add-Ons

MobiLoud offers the following optional add-on services, which are not included in any base Plan unless explicitly contracted:

Klaviyo Integration. Direct integration with Klaviyo for push notification segmentation and automation.
Adjust Integration. Integration with the Adjust mobile measurement and analytics platform.
Custom SDK Integration. Integration of third-party SDKs not natively supported by the MobiLoud platform. Custom SDK integrations include a one-time setup/integration fee and a recurring maintenance and support fee, unless explicitly agreed otherwise in writing.
Staging/UAT Environments. Separate development and testing environments for the Customer’s app.
Service Level Agreement (SLA). Guaranteed response and resolution times for support incidents (available on Corporate plans only).
Uptime Guarantee. Contractual uptime commitment with service credits for downtime (available on Corporate plans only).
Multi-Site/Country/Language Configuration. Additional app configurations for multiple websites, countries, or languages.
Custom Analytics Dashboards. Bespoke analytics dashboards hosted on MobiLoud’s reporting platform (Databox). The Customer connects their own analytics data sources (e.g. Google Analytics) to enable these dashboards.

4.2 Pricing and Agreement

Add-on services are priced separately from the base Plan subscription. Fees for add-on services are as agreed in writing between the parties (including in an Order Form or separate statement of work).

No add-on service is included in the Customer’s subscription unless explicitly listed in the Customer’s Order Form or otherwise confirmed in writing by MobiLoud. If a service or feature is not listed in the Customer’s Order Form or Plan, it is not part of the Services provided under this Agreement.

4.3 Modification of Add-Ons

Add-on services may be added during the term of an Agreement by mutual written agreement. Removal of add-on services is subject to the same cancellation terms as the base Plan (thirty (30) days’ written notice, no pro-rated refunds).

5. Service Level and Support

5.1 Standard Support

All Plans include access to email support. “Email support” means the ability to submit requests for technical support and assistance by email at any time, with MobiLoud using reasonable efforts to respond within one (1) business day. Standard support does not include guaranteed resolution times.

Support hours are Monday through Friday, 9:00 AM to 5:00 PM Eastern Time (ET), excluding UK public holidays.

5.2 Enhanced Support (Corporate Plans)

Corporate Plan customers receive enhanced support, which may include:

Priority support. Tickets are flagged as priority, with MobiLoud using reasonable efforts to respond within twelve (12) hours.
Phone/video support. Scheduled calls during support hours.
Slack access. Direct messaging with MobiLoud’s support and development team via a private Slack channel, with MobiLoud aiming to respond within one to two hours during support hours (no guarantee of live chat availability).
Dedicated success manager. A named point of contact for ongoing account management.

The specific enhanced support features included depend on the Customer’s Plan and Order Form.

5.3 Service Level Agreements (SLAs)

Guaranteed response times, resolution times, and uptime commitments are not included in any standard Plan. SLAs are available as a paid add-on on Corporate plans only, with terms and pricing as agreed in writing. SLA severity tiers, response targets, and resolution targets will be specified in the Customer’s Order Form or a separate SLA addendum.

5.4 Uptime

MobiLoud will use commercially reasonable efforts to maintain the availability of the Services. However, no uptime guarantee is provided unless the Customer has purchased an Uptime Guarantee add-on. Uptime guarantees, where purchased, are subject to the terms specified in the Customer’s Order Form or SLA addendum, including defined exclusions (scheduled maintenance, third-party outages, force majeure events).

5.5 Platform Maintenance

MobiLoud may perform scheduled maintenance that temporarily affects the availability of the Services. Where possible, MobiLoud will provide reasonable advance notice of scheduled maintenance. Emergency maintenance required to protect the security or integrity of the platform may be performed without advance notice.

6. Responsibility of App Users

MobiLoud has not reviewed, and cannot review, all of the material, including computer software, posted to its customers’ apps, and cannot therefore be responsible for that material’s content, use or effects. MobiLoud disclaims any responsibility for any harm resulting from the use by users of the Website or apps, or from any downloading by those users of content there posted.

7. Copyright Infringement

As MobiLoud asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by MobiLoud violates your copyright, you are encouraged to notify MobiLoud. MobiLoud will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. MobiLoud will terminate a customer’s access to and use of the Website if, under appropriate circumstances, the customer is determined to be a repeat infringer of the copyrights or other intellectual property rights of MobiLoud or others. In the case of such termination, MobiLoud will have no obligation to provide a refund of any amounts previously paid to MobiLoud.

8. Intellectual Property

This Agreement does not transfer from MobiLoud to you any MobiLoud or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with MobiLoud. MobiLoud, the MobiLoud logo, and all other trademarks, service marks, graphics and logos used in connection with MobiLoud or the Website are trademarks or registered trademarks of MobiLoud or MobiLoud’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any MobiLoud or third-party trademarks.

MobiLoud retains all right, title and interest in and to the Site, Services, and any derivatives thereof, including any Intellectual Property Rights contained and/or made available therein or in connection thereto (collectively, “MobiLoud IP”). As used herein, “Intellectual Property Rights” means inventions and patents of any type, design rights, utility models or other similar invention rights, copyrights, trademarks, service marks, trade names, trade dress, logos, trade secrets or confidentiality rights, and any other intangible property rights including applications for any of the foregoing, in any country, arising under statutory or common law or by contract and whether or not perfected, now existing or hereafter filed, issued, or acquired.

All use of the MobiLoud IP shall inure to the benefit of MobiLoud, and you shall not: (i) contest, or assist others to contest, our rights or interests in and to the MobiLoud IP or the validity of our rights in and to the MobiLoud IP and all applications, registrations or other legally recognized interests therein, or (ii) seek to register, record, obtain or attempt to pursue any Intellectual Property Rights or other proprietary rights or protections in or to said MobiLoud IP. All rights in the MobiLoud IP which are not expressly granted herein are reserved by MobiLoud. You hereby agree to assign and do assign to MobiLoud any modifications or derivative works of any Services made by you in contravention of the foregoing limitation.

9. Third Party Services

You may enable third party services (like Google Firebase, Analytics, Admob, Onesignal, Facebook analytics), products, software (like themes or plugins, scripts), SDKs or applications developed by a third party or yourself (“Third Party Services”) in your app.

If you use any Third Party Services, you understand that:

Third Party Services are not vetted, endorsed, or controlled by MobiLoud.
Any use of a Third Party Service is at your own risk, and we shall not be responsible or liable to anyone for Third Party Services.
Your use is solely between you and the respective third party (“Third Party”) and will be governed by the Third Party’s terms and policies. It is your responsibility to review the Third Party’s terms and policies before using a Third Party Service.
Some Third Party Services may request or require access to your (yours, your visitors‘, users’ or customers‘) data. If you grant access, your data will be handled in accordance with the Third Party’s privacy policy and practices. We do not have control over how a Third Party Service may use your data. You should carefully review Third Party Services’ data collection, retention, and use policies and practices before enabling Third Party Services.
Third Party Services may not work appropriately with your app, and we may not be able to provide support for issues caused by any Third Party Services.
If you have questions or concerns about how a Third Party Service operates, or need support, please contact the Third Party directly.

10. Reselling the Services

Reselling of the Services to third parties requires MobiLoud’s prior written consent. Where MobiLoud grants such consent (including through a White-Label arrangement), the following conditions apply:

Access to, and use of, the Services by a third party granted access by you (“Your Customer”): (a) does not in any way diminish your strict obligation to ensure compliance with the terms of this Agreement; and (b) does not in any way diminish MobiLoud’s right to enforce the terms of this Agreement, without liability to you or the Customer, including suspension or termination of access to the Service, whether or not it may have an adverse impact on Your Customer or the ability of Your Customer to use the Services.
You must: (a) enter into a binding contractual relationship with Your Customer on terms no less onerous than this Agreement; (b) make available to Your Customer a Privacy Policy that complies with your local law and is no less onerous in terms of your obligations to Your Customer than MobiLoud’s Privacy Policy is in relation to the Customers of MobiLoud; (c) provide all customer relationship management, including first level support services in relation to the Services, to Your Customer.
You hereby agree to indemnify and hold harmless, on an actual indemnity basis, MobiLoud, from and against all costs, expenses, losses and liabilities arising in any way (including under statute, the law of tort, equity or any other theory of law whatsoever) from or in relation to use of the Services by Your Customer and all other acts and omissions of Your Customers otherwise taking place on or in relation to the Services.

11. Termination

Either party may terminate this Agreement in accordance with Section 3.7 (Cancellation). In addition, MobiLoud may terminate this Agreement immediately upon written notice if the Customer materially breaches this Agreement and fails to cure such breach within thirty (30) days from MobiLoud’s notice. MobiLoud may also terminate the Services immediately as part of a general shut down of its service. All provisions of this Agreement which by their nature should survive termination shall survive, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

12. Disclaimer of Warranties

The Website is provided “as is”. MobiLoud and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither MobiLoud nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.

13. Limitation of Liability

In no event will MobiLoud, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to MobiLoud under this agreement during the twelve (12) month period prior to the cause of action. MobiLoud shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

14. General Representation and Warranty

You represent and warrant that (i) your use of the Website will be in strict accordance with the MobiLoud Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

15. Data and Privacy

15.1 General Position

In the normal course of providing the Services, MobiLoud does not directly collect, store, or access the personal data of the Customer’s end users. The Customer’s mobile application connects directly to the Customer’s website and third-party services (such as analytics, push notification providers, and payment processors). MobiLoud’s platform turns the Customer’s website into a mobile app and does not intermediate or intercept data flowing between the end user and the Customer’s website or third-party services.

MobiLoud’s infrastructure providers (such as Cloudflare) may process limited technical data, including IP addresses, when end-user devices request app configuration files hosted on MobiLoud’s infrastructure. MobiLoud does not access, store, or use this technical data. Such processing is governed by MobiLoud’s agreements with those providers.

As such, MobiLoud does not act as a data processor on behalf of the Customer under the EU General Data Protection Regulation (GDPR), the UK General Data Protection Regulation (UK GDPR), or equivalent data protection legislation, except as described in Section 15.2 below.

15.2 MobiLoud Shopify App

Where the Customer uses the MobiLoud Shopify app and enables certain features within it (such as order/user tagging and push notification delivery), MobiLoud may process personal data of the Customer’s end users on the Customer’s behalf. This feature is optional and must be manually activated by the Customer, who accepts separate terms at the time of activation. In this limited context, MobiLoud acts as a data processor and the Customer acts as data controller.

The data processing activities, categories of data, and MobiLoud’s obligations as processor in relation to the Shopify app are described in the MobiLoud Shopify App Privacy Policy, available at mobiloud.com/merchant-app-privacy. MobiLoud’s Data Processing Agreement (DPA), available at mobiloud.com/dpa, governs MobiLoud’s obligations as a data processor. Both documents are incorporated into this Agreement by reference for Customers who use the affected features.

15.3 Customer Responsibilities

Regardless of whether MobiLoud acts as a data processor, the Customer remains solely responsible for:

Maintaining a compliant privacy policy for their mobile application (as required under Section 1)
Obtaining all necessary consents from end users for data collection and processing
Ensuring that any third-party services enabled in the app comply with applicable data protection laws
Responding to data subject access requests, deletion requests, and other rights requests from end users

15.4 Security

MobiLoud implements appropriate technical and organizational measures to protect its platform and infrastructure against unauthorized access, alteration, disclosure, or destruction. MobiLoud is actively working toward SOC 2 certification. Details of MobiLoud’s security policies, practices, and compliance status are available to Corporate plan customers on request.

16. Confidentiality

Each party agrees that any non-public information disclosed by the other party in connection with this Agreement (“Confidential Information”) shall be kept confidential and not disclosed to third parties except: (a) to employees, contractors, or advisors who need to know and are bound by confidentiality obligations no less protective than these terms; (b) as required by law, regulation, or court order; or (c) with the prior written consent of the disclosing party.

Confidential Information does not include information that: (i) is or becomes publicly available through no fault of the receiving party; (ii) was already known to the receiving party prior to disclosure; (iii) is independently developed without reference to the Confidential Information; or (iv) is received from a third party without restriction.

Confidentiality obligations survive termination of this Agreement for two (2) years.

17. Indemnification

You agree to indemnify and hold harmless MobiLoud, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.

18. Force Majeure

Neither party shall be liable for any failure or delay in performing its obligations under this Agreement where such failure or delay results from circumstances beyond the reasonable control of that party, including but not limited to: acts of God, natural disasters, pandemic, epidemic, war, terrorism, civil unrest, government action or regulation, power failure, internet or telecommunications failure, cloud infrastructure outage, or fire (“Force Majeure Event”).

The affected party shall promptly notify the other party and use reasonable efforts to mitigate the impact. If a Force Majeure Event continues for more than sixty (60) days, either party may terminate this Agreement on written notice without liability (other than for fees already accrued).

19. Miscellaneous

This Agreement, together with the Privacy Policy and any Order Form executed between the parties, constitutes the entire agreement between MobiLoud and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of MobiLoud, or by the posting by MobiLoud of a revised version. The Agreement shall be governed by, interpreted and construed in accordance with English law. The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this Agreement or its subject matter or formation (including non-contractual disputes or claims) save that MobiLoud has the express right (at its sole discretion) to bring an action against you in a court or courts where you are resident, have your principal place of business or central administration. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; MobiLoud may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

What’s Changed

March 16, 2026 Update

Fees and billing. New Section 3 defines plan tiers, Monthly Active Users (MAU), overage process, and payment authorization. Pricing changes require 30 days’ notice to existing customers.
Add-on services. New Section 4 lists optional paid add-ons (integrations, SLA, staging environments, custom SDK work, etc.) and clarifies they are not included in base plans unless contracted.
Support levels. New Section 5 ties support levels to specific plans. SLAs with guaranteed response and resolution times are available as a paid add-on on Corporate plans only.
Data and privacy. New Section 15 clarifies MobiLoud does not process end-user personal data under normal use. Limited data processing applies only to specific features of the MobiLoud Shopify app, governed by a separate privacy policy.
Cancellation. Section 3.7 clarifies that mid-cycle cancellation does not entitle the customer to a pro-rated refund.
Confidentiality, force majeure. New Sections 16 and 18 added.

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