Terms of Service
MOBIUM RESERVES THE RIGHT TO CHANGE THESE TERMS WITHOUT ADVANCE NOTIFICATION AND CONSENT OF THE CUSTOMER. IT IS YOUR SOLE RESPONSIBILITY TO KEEP UP-TO-DATE WITH THE LATEST TERMS.
THE TERM “YOU” REFERS TO AN INDIVIDUAL WHO USES THE WEBSITE AND PLACES ORDERS FOR MOBIUM’S PRODUCT FOR PERSONAL USE. IF YOU REPRESENT A LEGAL ENTITY OR ARE INTERESTED IN NON-PERSONAL MOBIUM’S PRODUCT, PLEASE CONTACT US AT [email protected] AND MOBIUM WILL PROVIDE YOU WITH SPECIAL COMMERCIAL CONDITIONS.
IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU MAY NOT ACCESS OR USE THE WEBSITE AND PLACE ORDERS FOR MOBIUM’S PRODUCT.
Mobium — Mobium LLC, a legal entity organized and existing under the laws of St. Petersburg, Russian Federation, should any act as a vendor and/or a Website owner.
Website — www.mobiumapps.com.
User – a person who accesses and uses the Website, regardless of the duration and results of such access and use. If otherwise not specified, ‘User’ means both a User and a Customer.
Customer – a User who initiates an Order formation on the Website.
Product – all goods presented for sale on the Website under the following Terms.
The User represents and warrants that he/she is (i) at least 18 years of age or the age of majority in his/her jurisdiction, whichever is greater; and (ii) of legal age to form a binding contract with Mobium. Otherwise, the User confirms that he/she has obtained the consent of a parent or guardian before accessing or using the Website. In all cases, the User represents and warrants that he/she is not a person barred from accessing or using the Website under the laws of his/her jurisdiction.
Mobium controls and operates the Website from St. Petersburg, and all information is processed within St. Petersburg.
Mobium does not represent that materials on the Website are appropriate or available for use in other locations. The User agrees to comply with all applicable laws, rules and regulations in connection with the use of the Website.
User Conduct and Restrictions of Use
In addition to other restrictions set forth in these Terms, the User agrees that he/she will not use the Website to take any action and/or make available any content that (i) infringes or violates the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any third party; (ii) violates any law, statute, ordinance or regulation; (iii) is threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane; (iv) constitutes unauthorized or unsolicited advertising, junk, or bulk e-mail; (v) involves commercial activities and/or sales without Mobium’s prior written consent, such as contests, sweepstakes, barter, advertising, or pyramid schemes; (vi) impersonates any person or entity, including without limitation any employee or representative of Mobium; (vii) contains a virus, trojan horse, worm, time bomb, or other harmful computer code, file, or program; (viii) attempts, in any manner, to obtain security information from any other User; (ix) violates the security of any computer network, or cracks any passwords or security encryption codes.
The User is solely responsible for their communications and interactions with other Users. Mobium reserves the right, but has no obligation, to intercede in any disputes.
Certain areas of the Website are restricted to Users.
Mobium reserves the right to seek all remedies available at law and in equity for violations of these Terms, including the right to block access from a particular Internet address to this Website.
Mobium does not control User Content posted on the Website and, as such, does not make any representations or warranties regarding User Content or its truthfulness, accuracy, reliability, integrity or quality. Mobium does not determine whether User Content violates the rights of others, and has no control over whether User Content is of a nature that Users may find offensive.
The User acknowledges and agrees that the information and views expressed by Users in User Content appearing on the Website do not necessarily reflect Mobium’s views or those of its content providers, advertisers, sponsors, affiliated or related entities, and do not support or endorse any User Content or any other content posted by any User on or otherwise accessible through the Website. Mobium does not assume, and expressly disclaim, any obligation or liability with respect to User Content and no confidential or fiduciary understanding or relationship is established by Mobium’s receipt or acceptance of such materials.
Mobium is not obligated to monitor access or the Website or User Content or to review or edit any User Content, but reserves the right to do so to ensure compliance with these Terms and with applicable laws or other legal requirements.
Mobium may consult with and disclose unlawful conduct to law enforcement authorities. Pursuant to valid legal process, Mobium may cooperate with law enforcement authorities to prosecute Users who violate the law.
Mobium reserves the right, but are not required, to remove or disable access to the User Content at any time and without notice, and at its sole discretion, if Mobium determines that the User Content is objectionable or in violation of these Terms. Mobium has a right to investigate violations of these Terms and any conduct that affects Mobium.
Third Parties Websites and Links
The Website may contain links to other websites operated by third parties. These links are provided for Users’ information and convenience only and are not an endorsement by Mobium. Mobium has no control over the linked websites, the third parties they are owned and operated by, the information contained on them or the availability, suitability or quality of any of their products or services.
By accessing any third party website, the User acknowledges that he/she does so at his/her own risk and agrees that Mobium shall have no liability arising from the use of or access to any third party website, service, or content.
Advertisements, co-promotions and other partnerships
Mobium may display advertisements for the goods and services of a third party on the Website, including in connection with co-promotions or other similar partnership arrangements. Mobium does not endorse or represent and is not responsible for the safety, quality, accuracy, reliability, integrity or legality of any such advertised goods or services.
Terms of Sale
Offer and Acceptance
Information related to the Product displayed on the Website by Mobium and these Terms of Sale is an offer by Mobium to sell the Product to every Customer who is interested in purchasing the Product. The offer is subject to these Terms. By placing an Order on the Website the Customer accepts the Terms of Sale and enters into a legally binding purchase contract with Mobium.
The Customer will get confirmation of payment right after payment via email, which would be specified as a contact address.
Mobium disagrees with any additional or different terms proposed in any form by the Customer.
No Order may be canceled or altered by the Customer after it has already been shipped, except in accordance with these Terms of Sale or with Mobium’s written consent.
Mobium reserves the right to change these Terms of Sale without advance notification and consent of the Customer at any time prior to the placement of an Order. The Customer is solely responsible for keeping up-to-date with the latest Terms of Sale by checking back before placing a new Order. Every new Order placed by the Customer on the Website signifies that the Customer acknowledges and agrees to all the changes to the Terms of Sale. Any changes to the Terms of Sale made after the placement of an Order affect the Customer only in case of his/her consent.
Price and Payment
The price of the Product indicated on the Website is shown in US Dollars or in other currency which is (i) chosen by the Customer or (ii) in any local currency which is mandatory to be used under national law of the Customer’s geographical location and does not include delivery fees and applicable taxes. Mobium reserves the right to change the price of the Product at any time before the Order is placed. If an obviously incorrect price appears on the Website and is not corrected at the time of the placement of the Order, for any reason (human or technical error etc.), the Order will be canceled and the payment (if it has been validated) will be refunded.
The total payment invoiced to the Customer on the Website could be paid with a (i) credit/debit card or (ii) through a PayPal account. The Payment provider of the chosen payment method could govern the payment procedure by its own regulations, terms and conditions. Mobium is not responsible for any rights and liabilities both of the Customer or the Payment Provider during the payment procedure under the mentioned regulations, terms and conditions.
The Customer agrees that provided details of credit/debit cards or payment accounts may be processed and used by Mobium and (or) any third party involved in the payment processing after the placement of the Order.
Mobium undertakes to deliver the Product to the address indicated by the Customer within 14 (fourteen) business days following the acceptance of total payment. Designated delivery period is approximate and could be extended by Mobium due to Mobium’s reasonable business circumstances.
Limitation of Liability
Mobium is not responsible and shall not be liable for any loss, damage, loss of profits, claim or injury, whether direct or indirect, of any kind, which has a connection with the use of, or interruptions in the use of, the Product.
Mobium reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User, in which event he/she agrees to assist and cooperate with Mobium in asserting any available defenses.
If one or more provisions of these Terms is deemed invalid or declared invalid pursuant to a law, regulation or following a definitive decision by a court having jurisdiction, the other provisions will retain their full force and scope.
Governing Law, Jurisdiction and Dispute Resolution
These Terms, whether interpreted in a court of law or in arbitration, shall be governed by the laws of St. Petersburg, Russian Federation, as they apply to agreements entered into and to be performed entirely for the User’s interest.
The courts in some countries will not apply the laws of St. Petersburg, Russian Federation to some types of disputes. If the User resides in one of those countries, then where the laws of St. Petersburg, Russian Federation will not be applied in accordance with national law, the laws of the country of the User’s residence will apply to such disputes related to these Terms. Otherwise, the User agrees that these Terms, and any claim, dispute, action, cause of action, issue, or request for relief arising from or relating to these Terms or use of the Product and the Website will be governed by the laws of St. Petersburg, Russian Federation without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction, as far as those provisions are not in contradiction with imperative rules of applicable jurisdiction.
If a dispute arises between the User and Mobium, the User shall notify Mobium about any dispute he/she has with Mobium regarding these Terms or Product and/or the Website by contacting Mobium. The Customer agrees to submit to the personal jurisdiction of the state and federal courts located in St. Petersburg, Russian Federation for the purpose of litigating all such claims or disputes, unless such claim or dispute is required to be arbitrated in another court in accordance with imperative rules of another jurisdiction.
We ("us", or "our") operate this website, the mobile application platform and the associated mobile applications (collectively referred to as the "Service").
This page informs you of our policies regarding the collection, use, and disclosure of personal data when you use our Service and the choices you have associated with that data.
Personal Data means data about a living individual who can be identified from those data (or from those and other information either in our possession or likely to come into our possession).
Usage Data is data collected automatically either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).
Cookies are small pieces of data stored on a User’s device.
Data Controller means a person who (either alone or jointly or in common with other persons) determines the purposes for which and the manner in which any personal data are, or are to be, processed.
Data Processor (or Service Providers)
Data Processor (or Service Provider) means any person (other than an employee of the Data Controller) who processes the data on behalf of the Data Controller.
We may use the services of various Service Providers in order to process your data more effectively.
Data Subject is any living individual who is the subject of Personal Data.
The User is the individual using our Service. The User corresponds to the Data Subject, who is the subject of Personal Data.
Information Collection And Use
We collect several different types of information for various purposes to provide and improve our Service to you.
Types of Data Collected
While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you ("Personal Data"). Personally identifiable information may include, but is not limited to:
First name and last name
Address, State, Province, ZIP/Postal code, City
Cookies and Usage Data
We may use your Personal Data to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.
We may also collect information that your browser sends whenever you visit our Service or when you access the Service by or through a mobile device ("Usage Data").
This Usage Data may include information such as your computer's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.
When you access the Service by or through a mobile device, this Usage Data may include information such as the type of mobile device you use, your mobile device unique ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browser you use, unique device identifiers and other diagnostic data.
We may use and store information about your location if you give us permission to do so (“Location Data”). We use this data to provide features of our Service, to improve and customize our Service.
You can enable or disable location services when you use our Service at any time, through your device settings.
Tracking Cookies Data
Cookies are files with small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Tracking technologies also used are beacons, tags, and scripts to collect and track information and to improve and analyze our Service.
You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.
Examples of Cookies we use:
Session Cookies. We use Session Cookies to operate our Service.
Preference Cookies. We use Preference Cookies to remember your preferences and various settings.
Security Cookies. We use Security Cookies for security purposes.
Use of Data
Mobium LLC uses the collected data for various purposes:
To provide and maintain our Service
To notify you about changes to our Service
To allow you to participate in interactive features of our Service when you choose to do so
To provide customer support
To gather analysis or valuable information so that we can improve our Service
To monitor the usage of our Service
To detect, prevent and address technical issues
To provide you with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless you have opted not to receive such information
Retention of Data
Mobium LLC will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of our Service, or we are legally obligated to retain this data for longer time periods.
Transfer Of Data
Your information, including Personal Data, may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction.
If you are located outside United States and choose to provide information to us, please note that we transfer the data, including Personal Data, to United States and process it there.
Disclosure Of Data
Disclosure for Law Enforcement
Under certain circumstances, Mobium LLC may be required to disclose your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).
Mobium LLC may disclose your Personal Data in the good faith belief that such action is necessary to:
To comply with a legal obligation
To protect and defend the rights or property of Mobium LLC
To prevent or investigate possible wrongdoing in connection with the Service
To protect the personal safety of users of the Service or the public
To protect against legal liability
Security Of Data
The security of your data is important to us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.
"Do Not Track" Signals
We do not support Do Not Track ("DNT"). Do Not Track is a preference you can set in your web browser to inform websites that you do not want to be tracked.
You can enable or disable Do Not Track by visiting the Preferences or Settings page of your web browser.
Mobium LLC aims to take reasonable steps to allow you to correct, amend, delete, or limit the use of your Personal Data.
Whenever made possible, you can update your Personal Data directly within your account settings section. If you are unable to change your Personal Data, please contact us to make the required changes.
If you wish to be informed what Personal Data we hold about you and if you want it to be removed from our systems, please contact us.
In certain circumstances, you have the right:
To access and receive a copy of the Personal Data we hold about you
To rectify any Personal Data held about you that is inaccurate
To request the deletion of Personal Data held about you
You have the right to data portability for the information you provide to Mobium LLC. You can request to obtain a copy of your Personal Data in a commonly used electronic format so that you can manage and move it.
Please note that we may ask you to verify your identity before responding to such requests.
We may employ third party companies and individuals to facilitate our Service ("Service Providers"), to provide the Service on our behalf, to perform Service-related services or to assist us in analyzing how our Service is used.
These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.
We may use third-party Service Providers to monitor and analyze the use of our Service.
Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network.
For more information on the privacy practices of Google, please visit the Google Privacy Terms web page: http://www.google.com/intl/en/policies/privacy/
Google AdWords remarketing service is provided by Google Inc.
You can opt-out of Google Analytics for Display Advertising and customize the Google Display Network ads by visiting the Google Ads Settings page: http://www.google.com/settings/ads
Google also recommends installing the Google Analytics Opt-out Browser Add-on - https://tools.google.com/dlpage/gaoptout - for your web browser. Google Analytics Opt-out Browser Add-on provides visitors with the ability to prevent their data from being collected and used by Google Analytics.
For more information on the privacy practices of Google, please visit the Google Privacy Terms web page: http://www.google.com/intl/en/policies/privacy/
Facebook remarketing service is provided by Facebook Inc.
You can learn more about interest-based advertising from Facebook by visiting this page: https://www.facebook.com/help/164968693837950
To opt-out from Facebook's interest-based ads follow these instructions from Facebook: https://www.facebook.com/help/568137493302217
Facebook adheres to the Self-Regulatory Principles for Online Behavioral Advertising established by the Digital Advertising Alliance. You can also opt-out from Facebook and other participating companies through the Digital Advertising Alliance in the USA http://www.aboutads.info/choices/, the Digital Advertising Alliance of Canada in Canada http://youradchoices.ca/or the European Interactive Digital Advertising Alliance in Europe http://www.youronlinechoices.eu/, or opt-out using your mobile device settings.
For more information on the privacy practices of Facebook, please visit Facebook's Data Policy: https://www.facebook.com/privacy/explanation
We may provide paid products and/or services within the Service. In that case, we use third-party services for payment processing (e.g. payment processors).
The payment processors we work with are:
Apple Store In-App Payments
Google Play In-App Payments
Links To Other Sites
We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.
Our Service does not address anyone under the age of 13 ("Children").
We do not knowingly collect personally identifiable information from anyone under the age of 13. If you are a parent or guardian and you are aware that your Children has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from children without verification of parental consent, we take steps to remove that information from our servers.