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.
- September 8th 2019 to add the Advertisements paragraph under Section 7 and extend guarantee to 60 days
- July 29th 2018 to clarify refunds are available on service fees within 30 days from your purchase
- May 10th 2018 to include details on Third Party Services
Through the MobiLoud software product, 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 enable them to 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).
By posting updated versions of the Agreement on the Website, or otherwise providing notice to you, 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. 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 variation to the Agreement. MobiLoud will use reasonable efforts to make you aware of any changes to the terms of this Agreement. 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 13 years old.
1. Your Account and Mobile App
If you create an app on the Website, 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.
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 jailbraking 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;
- 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. Payments, Renewal, Support and License
By signing up for the service and submitting an order you agree to pay MobiLoud the one-time, monthly or annual fees indicated for that service. Payments will be charged on a pre-pay basis on the day you sign up for the service and will cover the use of that service for a monthly or annual subscription period as indicated. A lifetime license (also called an “owned” or “one-time” license) includes support for 12 months from the day you sign up for the service and a usage license for the life of the product.
Services can be canceled by you at anytime on 30 days written notice to MobiLoud. For services where a “60 days guarantee” is explicitly offered, including our main license and monthly services fees, payments are refundable within 60 days from your order. Any one-off, service, graphic design or customisation fees paid are not refundable. MobiLoud reserves the right to change the payment terms and fees upon 30 days prior written notice to you.
Unless you notify MobiLoud before the end of the applicable subscription period that you want to cancel the service, your subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for the service (as well as any taxes) using any credit card or other payment mechanism we have on record for you.
The MobiLoud service includes access to email support and, for certain services, phone support. “Email support” means the ability to make requests for technical support and assistance by email at any time (with reasonable efforts by MobiLoud to respond within one business day) concerning the use of the Services. “Priority support” means your user profile will be flagged in our system as a priority customer and tickets and requests coming from your account will be considered before other requests, with reasonable efforts by MobiLoud to respond within 12 hours. “Phone support” means you can arrange phone or video conference meetings with our support team in the hours of 9:00 AM to 5:00 PM EST. Where access to Slack is provided, you and your team members will be invited to a private channel under MobiLoud’s Slack account and be able to communicate directly via chat messages with MobiLoud support and development team – no guarantee is made of availability for live chat, but we aim to respond to all messages within one or two hours (between 9:00 AM to 5:00 PM EST).
MobiLoud hereby grants you a worldwide non-exclusive, personal, non-assignable license to use the Services for the duration of this agreement, exclusively in the conditions hereunder and while all fees due under this Agreement are fully paid. Unless you’ve purchased a lifetime license, this license terminates with a cancellation on the last day of the period covered with your last payment.
4. 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.
5. 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.
6. 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.
7. Attribution and Advertisements
MobiLoud reserves the right to display attribution links such as “Designed by MobiLoud” or “Powered by MobiLoud” in your app’s user interface. Such attribution links can be removed upon request and subject to payment of fees charged to participate in our Reseller Programs or for plans that include a White Label feature.
If our Services are offered with a revenue sharing agreement or subject to the display of advertisements in your app, MobiLoud may display banner ads, full screen ads, interstitial ads, native ads in your app, at its discretion, subject to the terms of any separate agreement, if one exists. You authorize MobiLoud to collect revenue from third party advertising sources on your behalf.
8. 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.
- 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.
9. Reselling the Services
Reselling of the Services to third parties is permitted exclusively subject to your participation in MobiLoud’s “Reseller Program”, also called “White Label Program” or your purchase of a “White Label Add-On”. The following conditions also 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 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.
If you wish to terminate this Agreement or your MobiLoud account (if you have one), you may simply contact MobiLoud and request a cancellation of your account. Notwithstanding the foregoing, if you have purchased an app, your account can only be terminated by MobiLoud if you materially breach this Agreement and fail to cure such breach within thirty (30) days from MobiLoud’s notice to you thereof; provided that, MobiLoud can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
11. 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.
12. 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.
13. General Representation and Warranty
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.
This Agreement 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.
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