TERMS AND CONDITIONS OF THE SERVICE

Welcome to MOBISAT®. We look forward to helping You with Your life and Your business as far as You can imagine. This Agreement sets forth Your rights and obligations as a MOBISAT User.

By clicking “I Agree,” You indicate that You have read and understood this Agreement and You will be bound by its Terms and conditions.

 

01. DEFINITIONS

The following words have the following meanings:

  • MOBISAT: MOBISAT SAGL, the owner of the MOBISAT® and other trademarks. In this Agreement, references to “MOBISAT” as a Party mean and refer to MOBISAT SAGL, and MOBISAT SAGL’s owner(s), parent company(ies), affiliate entities, employees, and assigns.
  • MOBISAT®: A MOBISAT SAGL registered trademark.
  • Parties: Both MOBISAT and You. MOBISAT and You are each a “Party”.
  • Terms: Terms and Conditions set forth herein.
  • User: A person who has created a MOBISAT® Account.
  • User Account User’s MOBISAT® Account.
  • You or Your Refer to MOBISAT® User who has executed this Agreement by clicking I Agree.
  • Services: MOBISAT® services, software, such as Greenbox or any other service provided under MOBISAT® trademark.
  • Products: Products, hardware sold under MOBISAT® trademark or other trademarks.
  • Dealer: Resellers, distributors, installers of Products.

 

02. BECOMING A MOBISAT USER

By clicking “I Agree” to these Terms, transferring payment to MOBISAT, and creating a User Account on any MOBISAT Services, according to section 13, You become a MOBISAT User. There are various products and services available, synthesized in the following article, that Users can have at the prices and conditions indicated in the following section 4.

 

03. MOBISAT SERVICES®

MOBISAT Services to which the user has access are the following:

  1. Greenbox. This service is available for IOs, Android, and browsers. It enables geo-intelligence services for MOBISAT® devices and other supported brands’ devices. All the details of the service can be found on this page: https://wwww.mobisat.eu/greenbox.
  2. Dealer Station. This service is available for browsers and offers professional services to dealers. All the details of the service can be found on this page: https://greenbox.mobisat.eu/dealerstation.

 

04. COSTS AND PAYMENTS' METHODS

MOBISAT® products, services, and prices are available on our website: https://www.mobisat.eu.

Prices are subject to change without notice. Price changes are effective on the first day of the month after the price change is posted. By clicking “I Agree” and providing MOBISAT Your credit card information, You authorize MOBISAT to charge Your credit card in the amount indicated for the value of the services You select, including any future price changes. If You request a downgrade in services, the downgrade (and corresponding price reduction) will become effective on the first day of the month following Your requested downgrade. By Your continued use of MOBISAT services, and unless You terminate this agreement as provided herein, You agree that MOBISAT may charge Your credit card monthly for the products and services You have selected, and You consent to any price changes for such services.

 

05. TERMS AND TERMINATION

Your User contract with MOBISAT begins when You click “I Agree” and will continue month-to-month until one or more of the following conditions is fulfilled:

  1. MOBISAT cancels Your account due to Your breach of any of the Terms of this Agreement. In the event this Agreement is canceled due to Your breach, You will not be entitled to pro-rate Your last month’s use, nor will You be entitled to any refund for any payments You have made to MOBISAT.
  2. You provide MOBISAT ten (10) days advance notice via email, as provided herein, of Your cancelation of Your account. If You provide such notice less than ten (10) days before the first day of the next month, Your credit card may still be charged. You will not be entitled to pro-rate Your last month’s use, nor will You be entitled to any refund for any payments to MOBISAT.
  3. If Your credit card or MOBISAT’s charge is denied for any reason and You do not provide MOBISAT a new credit card within ten (10) days

 

06. REFUNDS FOR HARD GOODS

If You have purchased a “hard good” (for example, a book, an electronic device, or other tangible product) from MOBISAT sold under any of its brands or related brands, including without limitation MOBISAT®, You may receive a limited refund if You comply with the following conditions:

  1. You must request a refund in writing by contacting help@mobisat.eu;
  2. Your request for a refund must be made within thirty (30) days of Your purchase;
  3. You must return the hard goods to MOBISAT immediately, according to the shipping and other instructions You will receive by email after requesting a refund;
  4. The hard goods must be returned to MOBISAT in like-new, or re-sellable condition, as determined in MOBISAT’s sole, reasonable discretion.

 

07. PROHIBITION TO USE MOBISAT BRANDS

Any content on any MOBISAT website may constitute the intellectual property of MOBISAT. Except where expressly authorized, no material on any MOBISAT website may be copied, reproduced, distributed, republished, uploaded, displayed, posted or transmitted in any way whatsoever. The MOBISAT® trademark and logo are proprietary marks of MOBISAT, and the use of those marks is strictly prohibited. Nothing herein gives You the right to use, copy, register as a domain name, reproduce, or otherwise display any logo, tagline, trademark, trade name, copyrighted material, patent, trade dress, trade secret, or confidential information owned by MOBISAT or any of MOBISAT’s affiliates.

 

08. INDEMNITY

You agree to protect, defend, indemnify and hold harmless MOBISAT, its officers, directors, employees, owner(s), and parent company(ies) and assigns from and against all claims, demands, and causes of action of every kind and character without limit arising out of Your conduct. Your indemnity obligation includes but is not limited to any third-party claim against MOBISAT for liability for payments for damages caused by, or other liability relating to, You.

 

09. NO WARRANTY.

MOBISAT does not promise, guarantee or warrant Your business success, income, or sales. MOBISAT’S WEBSITES AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. MOBISAT MAKES NO REPRESENTATION OR WARRANTY AS TO THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF ANY MATERIAL ON OR ACCESSIBLE THROUGH ANY MOBISAT WEBSITE OR SERVICE. ANY RELIANCE ON OR USE OF SUCH MATERIALS SHALL BE AT YOUR SOLE RISK.

MOBISAT MAKES NO REPRESENTATION OR WARRANTY:

  1. THAT ANY MOBISAT WEBSITE OR SERVICE WILL BE AVAILABLE ON A TIMELY BASIS, OR THAT ACCESS TO ANY MOBISAT WEBSITE OR SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE;
  2. THAT DEFECTS OR ERRORS WILL BE CORRECTED;
  3. THAT ANY MOBISAT WEBSITE OR THE SERVERS OR NETWORKS THROUGH WHICH ANY MOBISAT WEBSITE IS MADE AVAILABLE ARE SECURE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

The MOBISAT websites may include inaccuracies, errors, and materials that conflict with these Terms. In the event of any conflict between anything posted on any MOBISAT website and these Terms, these Terms shall supersede all others.

 

10. LIMITATION OF LIABILITY

YOU AGREE THAT IN NO EVENT SHALL MOBISAT’S LIABILITY TO YOU FOR ANY CLAIM OF ANY KIND OR DESCRIPTION EXCEED THE AMOUNT OF THREE (3) TIMES THE PAYMENTS PAID BY YOU TO MOBISAT FOR THE MONTH PRECEDING THE DATE IN WHICH THE FACTS GIVING RISE TO A CLAIM AGAINST MOBISAT OCCURRED. YOU WAIVE ANY RIGHT TO SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND OR DESCRIPTION.

 

11. FORCE MAJEURE

MOBISAT will not be responsible to You for any delay, damage, or failure caused by or occasioned by a Force Majeure Event. As used in this Agreement, “Force Majeure Event“ shall mean: any act of God, act of nature or the elements, terrorism, insurrection, revolution or civil strife, piracy, civil war or hostile action, labor strikes, acts of public enemies, federal or state laws, rules and regulations of any governmental authorities having jurisdiction over the premises, inability to procure material, equipment, or necessary labor in the open market, acute and unusual labor, material, or equipment shortages, or any other causes beyond the control of MOBISAT. Delays due to any of the above causes shall not be deemed to be a breach of or failure to perform under this Agreement. MOBISAT shall not be required against its will to adjust any labor or other similar dispute except in accordance with applicable law.

 

12. ASSIGNMENT OF RIGHTS

MOBISAT® may assign its rights under this Agreement at any time, without notice to You. Your rights arising under this Agreement cannot be assigned by without MOBISAT’s or its assigns express written consent.

 

13. INFORMATION. REGISTRATION. USER NAMES AND PASSWORDS

As a MOBISAT User, You will be required to create an account with MOBISAT. You warrant that the information You provide Us is truthful and accurate, and that You are not impersonating another person. You are responsible for maintaining the confidentiality of any password You may use to access Your MOBISAT User account, and You agree not to transfer Your password or username or lend or otherwise transfer Your use of or access to Your User account to any third-party. So-called “Agency Accounts,” or accounts in which You resell Your MOBISAT Account services, are prohibited. Should Your usage data indicate, in MOBISAT’s reasonable opinion, that You are operating an “Agency Account,” i.e., hosting funnels for one or more third-parties, You will be subject to cancelation of Your MOBISAT User Account or enhanced pricing for Your MOBISAT account, at MOBISAT’s discretion.

You are fully responsible for all transactions with, and information conveyed to, MOBISAT under Your User Account. You agree to immediately notify MOBISAT of any unauthorized use of Your password or Username or any other breach of security related to Your User account. You agree that MOBISAT is not liable, and You will hold MOBISAT harmless, for any loss or damage arising from Your failure to comply with any of the foregoing obligations.

 

14. RELEASE/AUTHORIZATION TO USE PHOTOGRAPHS

You grant MOBISAT permission to use any and all photographs taken by MOBISAT or its agents or employees, or submitted by You to MOBISAT as well as all written endorsements of MOBISAT that You send to us, or that You post on social media (photographs, social media posts, and messages sent to MOBISAT are hereinafter referred to as “Photographs“) in any Media (including print, internet, film, television and no matter how distributed or published) for any purpose, which may include but shall not be limited to advertising, promotion, marketing, and packaging of MOBISAT or any product or service sold and marketed by MOBISAT.

You agree that this authorization to use Photographs may be assigned by MOBISAT to any other party. You agree that that the Photographs may be combined with other Photographs, sounds, text and graphics, and that the Photographs may be manipulated, cropped, altered or modified in MOBISAT’s sole discretion. You agree not to charge a royalty or fee, and not to make any other monetary assessment against MOBISAT in exchange for this Release and Assignment. You hereby release and forever discharge MOBISAT from any and all liability and from any damages You may suffer as a result of the use of the Photographs. You further acknowledge and agree that this Release is binding upon Your heirs and assigns. You agree that this Release is irrevocable.

 

15. PROHIBITED ACTIVITY

MOBISAT has the right to terminate this Agreement at any time if You engage or have ever engaged in any of the following:

  1. HARMFUL ACTS. Any dishonest or unethical business practice; any violation of the law; infliction of harm to MOBISAT’s reputation; and the violation of the rights of MOBISAT or any third-party.
  2. “SPAMMING” AND UNSOLICITED COMMUNICATIONS. We have zero tolerance for UCE/spam. Any communications sent or authorized by You reasonably deemed “spamming,” or any other unsolicited solicitations (including without limitation postings on social media or third-party blogs) will be deemed a material threat to MOBISAT’s reputation and to the rights of third-parties. It is Your obligation, exclusively, to ensure that all business communications comply with state and local anti-spamming or analogous laws.
  3. OFFENSIVE COMMUNICATIONS. Any communication sent, posted, or authorized by You, including without limitation postings on any website operated by You, or social media or blog, which are: sexually explicit, obscene, or pornographic; offensive, profane, hateful, threatening, harmful, defamatory, libelous, harassing, or discriminatory; graphically violent; solicitous of unlawful behavior; promoting the sale or use of illegal drugs (including but not limited to Marijuana derived CBD Oil), or that violates the intellectual property rights of another.

 

16. MESSAGE SENDING POLICY AND BEST PRACTICE

MOBISAT requires You to follow these best practices when sending electronic communications using our services:

  1. Use only permission-based marketing electronic communications lists (i.e., lists in which each recipient affirmatively opted-in to receiving those electronic communications).
  2. Always include a working “unsubscribe” mechanism in each electronic marketing communication that allows the recipient to opt out from Your mailing list (receipt/transactional messages that are exempt from “unsubscribe” requirements of applicable law are exempt from this requirement).
  3. Comply with all requests from recipients to be removed from Your mailing list within the earlier of 10 days of receipt of the request, or the deadline under applicable law.
  4. Maintain, publish, and comply with a privacy policy that meets all applicable legal requirements, whether or not You control the sending of the electronic communications, and include a link to such privacy policy in Your electronic communications.
  5. Include in each electronic communications a link to Your then-current privacy policy applicable to that electronic communication.
  6. Include in each electronic communication Your valid physical mailing address or a link to that information.
  7. Do not send electronic communications to addresses obtained from purchased or rented lists.
  8. Do not use third-party electronic addresses, domain names, or mail servers without proper permission from the third-party.
  9. Do not routinely send electronic communications to non-specific addresses (e.g., webmaster@domain.com or info@domain.com).
  10. Do not send electronic communications that result in an unacceptable number of spam or similar complaints (even if the electronic communications themselves are not actually spam).
  11. Do not disguise the origin, or subject matter of, any electronic communications or falsify or manipulate the originating message address, subject line, header, or transmission path information for any electronic communication.
  12. Do not send offers to obtain or attempt to obtain personal information, or generate leads, for third-parties.
  13. Do not send “chain letters” “pyramid schemes” or other types of electronic messages that encourage the recipient to forward the content to strangers.
  14. Do not send to lists of addresses that are programmatically generated or scraped from the Web.
  15. Do not employ sending practices or have overall message delivery rates that negatively impact our services or other users of our services.
  16. Do not use our services to send messages that may be considered junk mail. Some examples of these types of messages include messaging related to penny stocks, gambling, multi-level marketing, direct to consumer pharmaceutical sales, payday loans, etc.

 

17. COMPLIANCE WITH LAW

Our use of our services must comply with all applicable laws, rules, regulations, and court orders of any kind of any jurisdiction applicable to you, us, and any recipient to whom You use our services to send Digital Messages (“Applicable Law”). You have the responsibility to be aware of and understand all Applicable Laws and ensure that You and all Users of Your Account comply at all times with Applicable Law. Some examples of Applicable Laws include: the U.S. CAN-SPAM ACT, The E.U. Directive of Privacy and Electronic Communications, the U.K. Privacy and Electronic Communications (EC Directive) Regulations 2003; the Canada Anti-Spam Law (CASL) and/or any similar law, laws relating to intellectual property, privacy, security, terrorism, corruption, child protection, or import/export laws. Commitment Against Harassment and Interference with Others. You must not use our services to: Store, distribute or transmit any malware or other material that You know, or have reasonable grounds to believe, is or may be tortious, libelous, offensive, infringing, harassing, harmful, disruptive or abusive; or Commit (or promote, aid or abet) any behaviour which You know or have reasonable grounds to believe is or may be libelous, offensive, infringing, harassing, harmful, disruptive or abusive. Examples may include Digital Messages that are themselves are or promote racism, homophobia, or other hate speech.

SENSITIVE INFORMATION. You will not import or incorporate into any contact lists or other content You upload to any website, software, or other electronic service hosted or provided by MOBISAT, any of the following information: social security numbers, national insurance numbers, credit card data, passwords, security credentials, bank account numbers, or sensitive personal, health or financial information of any kind.

 

18. MESSAGING SOFTWARE

If You use any MOBISAT messaging software, including but not limited to Dealer Station or any other MOBISAT-provided messaging software now existing or which may in the future be created, then You agree that You will follow all applicable laws with respect to sending messages. You further agree to indemnify and defend MOBISAT; from any claims, damages, losses, and lawsuits of any kind or nature that may be made against MOBISAT relating in any way to Your violation of law or third-party rights by use or misuse of any MOBISAT messaging software.

You further understand and agree that MOBISAT has no control over, and therefore cannot be responsible for, the functionality or failures of any third-party software, including without limitation Facebook, Facebook Messenger, and internet browser notifications. MOBISAT DOES NOT WARRANT THAT ANY MOBISAT MESSAGING SOFTWARE WILL BE COMPATIBLE WITH ANY THIRD-PARTY SOFTWARE.

 

19. ARBITRATION, GOVERNING LAW, AND ATTORNEYS’ FEES

  1. ARBITRATION. All claims regarding this agreement however connected to the same, including those regarding validity, nullification, the violation or the cessation of the agreement, will be resolved through arbitration, according to the Swiss regulation of international arbitration of the board of trade of Switzerland in force at the date the request of arbitration is lodged according to the motto Rule. The arbiters will be from 1 to 3; The center of the arbitration is Chiasso; The arbitration procedure will be held in the Italian language.
  2. GOVERNING LAW. This Agreement shall be governed, construed, and interpreted in accordance with the law of Switzerland without regard to any choice of law provisions.
  3. WAIVER OF CLASS ACTION CLAIMS. You understand and agree that You will not have the right to participate in a representative capacity or as a member of any class of claimants pertaining to any claims that may arise under, or be in any way related to, this Agreement. There is no right or authority for any claim You have against MOBISAT® to be brought on a class action basis or on any basis involving claims brought in a purported representative capacity on behalf of the general public, or on behalf of other persons or entities similarly situated. Claims brought against MOBISAT® may not be joined or consolidated with claims brought by anyone else.
  4. LIMITATIONS PERIOD. Any claim brought in arbitration must be brought within the time period set forth in any statute of limitations that, but for this agreement to arbitrate, would apply to the claims asserted in any arbitration proceeding.
  5. INJUNCTIVE RELIEF. Nothing in this Agreement prevents MOBISAT® from applying to and obtaining from any court having jurisdiction a temporary injunction, preliminary injunction, permanent injunction, or other relief available to protect MOBISAT’s rights prior to, during, or following any arbitration proceeding.

 

20. CHANGES TO TERMS

MOBISAT reserves the right to change these Terms, in whole or in part, from time to time at MOBISAT’s sole and absolute discretion, and to provide You with notice of such change by any reasonable means, including without limitation posting revised Terms: https://www.mobisat.eu/terms.php. By Your continued use of MOBISAT’s services, and unless You terminate this agreement as provided herein, You manifest Your agreement to any subsequent changes to the Terms.

 

21. SEVERABILITY

If any Term set forth herein is deemed unenforceable under any applicable law, the remaining Terms shall remain in full force and effect, and these Terms shall be read, collectively, as if the unenforceable Term(s) were omitted.

 

22. NOTICE

Any notice required to be given to MOBISAT® under or related to these Terms must be in writing, addressed as follows:

MOBISAT SAGL
Via Livio 24
6830 CHIASSO
Switzerland

Help desk: help@mobisat.eu
Compliance: compliance@mobisat.eu
Spam: abuse@mobisat.eu
Affiliates: affiliates@mobisat.eu
Legal: legal@mobisat.eu
Privacy: gdpr@mobisat.eu

 

23. DATA PRIVACY SHIELD - GDPR

What is GDPR? It is Reg. (UE) 2016/679, the EU Data Privacy Shield that became effective on May 25, 2018. According to art. 3 Reg., it applies to any person or business that sells or markets goods or services to EU residents or deals with personal data of those that reside in the countries of the European Union. The “Personal Data” definition under GDPR is very broad as it covers any information that could potentially identify the data subject being targeted.

The regulation applies to the processing of personal data of data subjects located in the European Union, carried out by a controller who is not involved; established in the Union when the activities are of treatment concern:

  1. the supply of goods or the provision of services to the interested parties in the Union, irrespective of the obligation of a payment of the interested party;
  2. monitoring their behavior to the extent that such behavior takes place within the Union.

The regulation applies to the processing of personal data by a data controller who is not established in the Union, but who is in a place subject to the law of a Member State under international public law. By personal data we mean, according to the regulation, all the information that can even only potentially allow identification of the subjects to which they refer.

MOBISAT IS COMPLIANT WITH GDPR

MOBISAT declares to be compliant with the current GDPR regulations: https://eur-lex.europa.eu/eli/reg/2016/679/oj.