Terms

Terms of Use

Defined for Advisor Promoter, a marketing service powered by the Moberate Technologies Ltd.

Please read these Terms carefully. By using Moberate or signing up for an account, you’re agreeing to these Terms. This is a legal agreement. We’ll start with the basics, including a few definitions that should help you understand this agreement. Moberate (“Moberate” or the “Service”) is a smartphone marketing service offered through the URL www.Moberate.com and/or sub domains (we’ll refer to it as the “Website”) that allows you to utilize a fully customized marketing service using your smartphone to present, monitor contact activity, create meetings, send and receive emails and sms’s to individual recipients, and manage offline print based material. Moberate is owned and operated by Moberate Technologies Ltd, a New Zealand limited liability company (“Moberate,” “we,” or “us”). Moberate has employees, independent contractors, and representatives (“our Team”). As a customer of the Service or a representative of an entity that’s a customer of the Service, you’re a “Subscriber” according to this agreement (or “you”).

These Terms of Use (“Terms,” including our Privacy Policy) define the terms and conditions under which you’re allowed to use Moberate, and how we’ll treat your account while you’re a Subscriber. If you have any questions about our terms, feel free to contact us.

ACCOUNT

1. Eligibility

In order to use Moberate, you must:

1. be at least eighteen (18) years old and able to enter into contracts;

2. complete the registration process;

3. agree to the Terms; and

4. provide true, complete, and up to date contact information.

By using Moberate, you represent and warrant that you meet all the requirements listed above, and that you won’t use Moberate in a way that violates any laws or regulations. (Representing and warranting is like making a legally enforceable promise.) Moberate may refuse service, close accounts of any users, and change eligibility requirements at any time.

2. Term

The Term begins when you sign up for Moberate and continues as long as you use the Service. Clicking the button and entering your username means that you’ve officially “signed” the Terms. If you sign up for Moberate on behalf of a company or other entity, you represent and warrant that you have the authority to accept these Terms on their behalf.

3. Closing Your Account

You or Moberate may terminate this Agreement at any time and for any reason by giving Notice to the other party. We may suspend our Service to you at any time, with or without cause. If we terminate your account without cause, we’ll refund a prorated portion of your monthly prepayment or reimburse you for unused SMS Credits. We won’t refund or reimburse you if there’s cause, like a violation of these Terms or our Acceptable Use Policy. Once terminated, we may permanently delete your account and all the data associated with it, including your emails and SMSs from our Website. Marketing links in use will no longer link to your personalized content. If you don’t log in to your account for 12 or more months, we may treat your account as “inactive” and permanently delete the account and all the data associated with it.

4. Changes

We may change any of the Terms by posting revised Terms of Use on our Website and/or by sending an email to the last email address you gave us. Unless you terminate your account within ten (10) days, the new Terms will be effective immediately and apply to any continued or new use of Moberate. We may change the Website, the Service, or any features of the Service at any time.

5. Account and Password

You’re responsible for keeping your account name and password confidential. You’re also responsible for any account that you have access to, whether or not you authorized the use. You’ll immediately notify us of any unauthorized use of your accounts. We’re not responsible for any losses due to stolen or hacked passwords.

6. Account Disputes

We don’t know the inner workings of your organization or the nature of your personal relationships, and we don’t arbitrate disputes over who owns an account. You won’t request access to or information about an account that’s not yours, and you’ll resolve any account-related disputes directly with the other party. We decide who owns an account based on the content of the emails in that account, and if multiple people or entities are identified in the content, then we’ll rely on the contact information listed for that account.

7. Payment obligations

An invoice for the Subscription Fee will be issued and processed against your selected credit card. Your selected plan will be renewed at the end of the selected term unless you specifically request that your plan is cancelled. All invoices will include the Access Fee for the period of use and any selected add-ons.

All Moberate receipts of payment to your credit card will be sent to you and will be available via the payment portal for download. You are responsible for payment of all taxes and duties in addition to the Access Fee.

8. Credit Cards

As long as you’re a Subscriber or have an outstanding balance with us, you’ll provide us with valid credit card information and authorize us to deduct the monthly/yearly charges against that credit card. You’ll replace the information for any credit card that expires with information for a valid one. Anyone using a credit card represents and warrants that they are authorized to use that credit card, and that any and all charges may be billed to that credit card and won’t be rejected. If we’re unable to process your credit card order, we’ll try to contact you by email and suspend your account until your payment can be processed.

9. Refunds

We’ll give you a refund for a prepaid month or year if we stop providing our Services to you for a reason that’s not laid out in these Terms or our Acceptable Use Policy. You won’t be entitled to a refund from us under any other circumstances. We may offer a refund if a Subscriber applies for one based on the requirements posted on the Website.

10. Charges for Add-Ons

Some features are offered as add-ons to your Moberate account. If you add on a feature that has a charge, then you’ll be billed that additional amount with each billing cycle for as long as the add-on is active. Some add-ons, like SMS, are one off charges and will be billed to your credit card at the time of the item selection. If you use an add-on in a way that violates these Terms, then we may terminate your account.

11. Billing Changes

We may change our fees at any time by posting a new pricing structure to our Website and/or sending you a notification by email.

12. Subscription Referrals

In some cases, subscriptions may be subsidized or waived via referred clients. When this is applicable, each waived or subsidized subscription will start from the completion of your existing subscription period.

RIGHTS

13. Proprietary Rights Owned by Us

You will respect our proprietary rights in the Website and the software used to provide Moberate (proprietary rights include patents, trademarks, service marks, trade secrets, and copyrights).

14. Proprietary Rights Owned by You

You represent and warrant that you either own or have permission to use all of the material in your Emails. You retain ownership of the materials that you upload to the Service. We may use or disclose your materials only as described in these Terms and our Privacy Policy.

15. Privacy Policy

We may use and disclose your information according to our Privacy Policy. Our Privacy Policy will be treated as part of these Terms.

RULES AND ABUSE

16. General Rules

You promise to follow these rules:

1. You won’t send Spam! By “spam,” we mean the definition on the Spamhaus website.

2. You won’t use purchased, rented, or third-party lists of email addresses or SMS numbers.

3. You won’t violate our Acceptable Use Policy, which is part of this Agreement.

If you violate any of these rules, then we may suspend or terminate your account.

17. Reporting Abuse

If you think anyone is violating any of these Terms, please notify us immediately. If you received spam you think came from a Moberate user, please report it to our abuse team. If you think anyone has posted material that violates any copyrights, then you can notify us according to our Copyright Policy.

18. Compliance with Laws

You represent and warrant that your use of Moberate will comply with all applicable laws and regulations. You’re responsible for determining whether our Services are suitable for you to use in light of any regulations like HIPAA, GLB, EU Data Privacy Laws, or other laws. If you’re subject to regulations (like HIPAA) and you use our Service, then we won’t be liable if our Service doesn’t meet those requirements. You may not use our Service for any unlawful or discriminatory activities, including acts prohibited by the Federal Trade Commission Act , Fair Credit Reporting Act , Equal Credit Opportunity Act , or other laws that apply to commerce.

If you’re located in the European Economic Area (EEA) or send to anyone in the EEA, you represent and warrant that in creating your contact list, sending Emails or SMSs via Moberate, and collecting information as a result of those communications, you:

1. Have complied, and will comply, with all regulations, as well as data protection, electronic communication, and privacy laws that apply to the countries where you’re sending any form of communications through Moberate.

2. Have collected, stored, used, and transferred all data relating to any individual in compliance with all data protection laws and regulations. You have the necessary permission to allow Moberate to receive and process data and send communications to that individual on your behalf.

3. Agree to indemnify and hold us harmless from any losses, including attorney fees, that result from your breach of any part of these warranties.

19. U.S. Export Controls

The software that supports the Services (the “Software”) is subject to United States export controls. Export laws are set up by the government to keep certain goods and services from reaching other countries, usually because of security concerns or trade agreements. None of the Software may be downloaded or otherwise exported or re-exported in violation of United States export laws. You’re downloading and using the Software at your own risk.

LIABILITY

20. Limitation of Liability

To the maximum extent permitted by law, you assume full responsibility for any loss that results from your use of the Website and the Services, including any downloads from the Website. We and our Team won’t be liable for any indirect, punitive, special, or consequential damages under any circumstances, even if they’re based on negligence or we’ve been advised of the possibility of those damages. Our total liability for all claims made about the Service in any month will be no more than what you paid us for the Service the month before.

21. No Warranties

To the maximum extent permitted by law, we provide the material on the Website and the Service as is. That means we don’t provide warranties of any kind, either express or implied, including but not limited to warranties of merchantability, endorsement of communication content or fitness for a particular purpose.

22. Indemnity

You agree to indemnify and hold us and our Team harmless from any losses, including attorney fees that result from any claims you make that aren’t allowed under these Terms due to a “Limitation of Liability” or other provision. (Indemnity is an agreement to compensate someone for a loss.) You also agree to indemnify and hold us harmless from any losses, including attorney fees, that result from third-party claims that you or someone using your password did something that, if true, would violate any of these Terms.

23. Attorney Fees

If we file an action against you claiming you breached these Terms and we prevail, we’re entitled to recover reasonable attorney fees and any damages or other relief we may be awarded.

24. Equitable Relief

If you violate these Terms then we may seek injunctive relief (meaning we may request a court order to stop you) or other equitable relief.

25. Subpoena Fees

If we have to provide information in response to a subpoena related to your account, then we may charge you for our costs. These fees may include attorney and employee time spent retrieving the records, preparing documents, and participating in a deposition.

26. Disclaimers

You understand that any online activities can be risky but you accept that risk and you also accept responsibility for my own actions.

You agree that you have not been coerced in any way, shape or form to partake in any of the activities, which the Moberate Membership site promotes.

You understand that you can potentially lose some or all of the money you have placed into some third party projects which Moberate promotes and that Moberate and its founders or members can't and will not be held liable for any such decisions you make and their outcomes.

You acknowledge that the information contained in the Moberate websites, forums and emails is for training purposes only.

The information is provided by Moberate and its members and while they endeavour to keep the information up to date and correct, they make no representations or warranties of any kind, express or implied, about the completeness, accuracy, effectiveness, success, reliability, suitability or availability with respect to the Moberate System, websites or the information, products, services, or related graphics contained on the website for any purpose, or for any anticipated results.

Any reliance you place on such information is therefore strictly at your own risk.

You furthermore acknowledge that your results will vary from the results of other Moberate members, and that the results of others are only shared to show what is possible, and not what is typical.

You agree that in no event will Moberate's founders and Moberate's independent members, be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or money arising out of, or in connection with, the use of this website.

You agree that through the Moberate websites and the Moberate system you are able to link to other websites and online businesses, which are not under the control of Moberate or its members.

Moberate and its members have no control over the nature, content and availability of those sites and businesses.

The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.

You acknowledge that every effort is made to keep the Moberate websites and the Moberate System up and running smoothly and that Moberate takes no responsibility for, and will not be liable for, the websites or system being temporarily unavailable due to technical issues beyond their control.

By accepting a subscription to Moberate you agree that its terms and conditions are reasonable and that I will be legally bound thereby.

FINE PRINT

27. Assignments

You may not assign any of your rights under this agreement to anyone else. We may assign our rights to any other individual or entity at our discretion.

28. Choice of Law

The New Zealand laws, except for conflict of laws rules, will apply to any dispute related to these Terms or the Service. Any dispute related to the Terms, the Privacy Policy, or the Service itself will be decided by New Zealand Laws, and each party will be subject to the jurisdiction of those courts.

29. Force Majeure

We won’t be held liable for any delays or failure in performance of any part of the Service, from any cause beyond our control. This includes, but is not limited to, acts of God, changes to law or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, zombie apocalypse, floods, strikes, power blackouts, volcanic action, unusually severe weather conditions, and acts of hackers or third-party internet service providers.

30. Survivability

Even if this Agreement is terminated, the following sections will continue to apply: Proprietary Rights Owned by Us, Proprietary Rights Owned by You, Compliance with Laws, Limitation of Liability, No Warranties, Indemnity, Choice of Law, Severability, and Entire Agreement.

31. Severability

If it turns out that a section of this Agreement isn’t enforceable, then that section will be removed or edited as little as necessary, and the rest of the Terms will still be valid.

32. Interpretation

The headers and sidebar text are provided only to make this agreement easier to read and understand. The fact that we wrote these Terms won’t affect the way this Agreement is interpreted.

33. Amendments and Waiver

Amendments or changes to these Terms won’t be effective until we post revised Terms on the Website. If we don’t immediately take action on a violation of these Terms, we’re not giving up any rights under the Terms, and we may still take action at some point.

34. Further Actions

You’ll provide all documents and take any actions necessary to meet your obligations under these Terms.

35. Notification of Security Breach

In the event of a security breach that may affect you or anyone on your contact lists (each a “List”), we’ll notify you of the breach and provide a description of what happened. If we determine, and notify you, that you need to forward all or part of that information to anyone on your Lists, you’ll promptly do so.

36. Notices

Any notice to you will be effective when we send it to the last email or physical address you gave us or posted on our Website. Any notice to us will be effective when delivered to us along with a copy to our legal counsel: Attn. Legal Department, Moberate Technologies Ltd, 13 Almond Grove, Greenhithe, Auckland, New Zealand, or any addresses as we may later post on the Website.

37. Entire Agreement

These Terms, our Privacy Policy, Acceptable Use Policy, and any additional terms you’ve agreed to by turning on specific features (“Additional Terms”) make up the entire agreement and supersede all prior agreements, representations, and understandings. Any Additional Terms will be considered incorporated into these Terms when you activate the feature.

Where there’s a conflict between these Terms and the Additional Terms, the Additional Terms will control.

Updated February 14, 2018