Last Update Date: 19.05.2015
Mobidonia Ltd ( “Mobidonia DOOEL UVOZ IZVOZ Negotino”, “we” or “us”) provides a platform to enable you to develop, design and manage smartphone and tablet application ( later in the text as “Mobile Application”, “Mobile App” or just “app”), as well as related hosting and support services (later in the text “Service”). By using the Mobidonia.com web site (“Site”) and/or the Service, you are agreeing to be bound by the following terms and conditions (“Terms of Service”).
Mobidonia reserves the right to update and change the Terms of Services from time to time without advance notice. If we modify these Terms of Service, we will post the modification on the site or provide you with note about the modification. We will also change the “Last Update Date” at the top.Vialatino of any of the terms bellow will result in the termination of Account. You agree to use the Service at your own risk and subject to the terms set forth bellow.
- You must be 13 years or older to use the service and open an account
- You must be human. Accounts registered by “bots” are not permitted
- You must provide your full legal name. If your name on Facebook is not the real one, pls do not use “Login with Facebook”
- You are responsible for maintaining the security of your Account and password. Mobidonia cannot and will not be liable for any loss or damage from your failure to comply with the security obligation.
- Mobidonia will compile and make you application. The Android application can be published on yours or ours Google Play account. We will not ask for your Google Play account password. Regarding iOS apps, they should be published on your iTunes account. If you want you iOS apps to be published on our account, there is additional cost, and the legal owner of the app is Mobidonia. We will ask for password and username for your iTunes account. Any revenue made from the app will belong to you.
- You are responsible for all text, data and graphics, videos and other media posted in the app
- You may not use the service for any illegal or unauthorized purpose.
Cancellation and Termination
You are solely responsible for properly canceling your Account. Account cancellation requests must be submitted through our contact page.
Mobidonia has the right to suspend or terminate your Account for any reason at any time. The reasons we might do this include your violation of these Terms of Service.
Mobidonia reserves the right at any time and from time to time to change the pricing plans and the pricing of thous plans. The pricing models assigned to your apps will not change. You can move at any time from one pricing model to another, and that should be request from our contact page. Mobidonia reserves the right to refuse any request for pricing model change.
Payments and refund policy
The Service is billed in advance on a monthly or yearly basis and is non-refundable. There will be no refunds or credits for setup fees, partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open Account. If your account is billed on a yearly basis and you wish to discontinue service, you must provide 72 hours notice before your billing anniversary date in order to insure no additional billing for the following year. In order to treat everyone equally, no exceptions will be made.
Mobidonia will use commercially reasonable efforts to have the Mobile Application approved by the applicable Providers. Although there is a high likelihood of approval, we do not and cannot guarantee acceptance. If your Mobile Application is denied by the appropriate Provider, you may cancel your Account. However, there are no refunds under any circumstances.
End user data
License Grant, Copyright and Content Ownership
You hereby grant to Mobidonia a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, access, view, copy, adapt, modify, distribute, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit such Content in any and all media now and in the future, for any purpose relating to the Service. Mobidonia does not claim any ownership rights in your Content and nothing in these Terms of Service will be deemed to restrict any rights that you may have to use and exploit any such Content.
We claim no intellectual property rights over your Content. Your profile and materials uploaded by you remain yours. However, by using the Service to create your Mobile Offering, you agree to allow others to view and share your Content via your Mobile Offering.
Mobidonia does not pre-screen Content, but Mobidonia and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.
You agree that you will not post, upload, publish, submit or transmit any Content that are
- infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy
- violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability
- is fraudulent, false, misleading or deceptive
- is targeted to children or may be deemed “directed to children” as the term is defined under Children’s Online Privacy Protection Act of 1998
- is defamatory, obscene, pornographic, vulgar or offensive
- promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group
- is violent or threatening or promotes violence or actions that are threatening to any person or entity
- promotes illegal or harmful activities or substances
You acknowledge that Mobidonia has no obligation to monitor your access to or use of the Site or Service, or to review or edit any Content, but has the right to do so for the purpose of operating the Site and Services, to ensure your compliance with these Terms of Service, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Mobidonia reserves the right, at any time and without prior notice, to remove or disable access to any Content and Accounts we determine in our sole discretion to be in violation of these Terms or otherwise harmful to the Site or Service.
You understand that Mobidonia uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, or any other Mobidonia service.
You agree not to reproduce, duplicate, copy, reverse engineer, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Mobidonia.
Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Mobidonia customer, employee, member, or officer will result in immediate Account termination.
You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You must not upload, post, host, or transmit unsolicited email, or “spam” messages.
You must not transmit any worms or viruses or any code of a destructive nature.
Your use of the Service is at your sole risk. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Mobidonia EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE SITE, SERVICES, CONTENT AND USER SUBMISSIONS, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING OR COURSE OF PERFORMANCE. Mobidonia does not warrant that (i) the Service will meet your specific requirements, (ii) the Service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, and (v) any errors in the Service will be corrected.
Limitation of Liability
You expressly understand and agree that Mobidonia shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Mobidonia has been advised of the possibility of such damages), resulting from:
- the use or the inability to use the Service
- the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service
- unauthorized access to or alteration of your transmissions or data
- statements or conduct of any third party on the Service
- or any other matter relating to the Service. In no event shall Mobidonia’s liability to you exceed the amount actually paid to Mobidonia by you during the preceding 36 months.
These Terms of Service and any action related thereto will be governed bt the laws of the Republic of Macedonia without regard to its conflict of laws provisions.
Dispute Resolutions and Arbitration Rules
You and Mobidonia agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Site, Services or Mobile Offering (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights. You acknowledge and agree that you and Mobidonia are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and Mobidonia otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms of Service.
The arbitration will be administered by the “Primary Court Negotino”. The arbitration will be conducted in the Republic of Macedonia. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Mobidonia submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the Republic of Macednia laws.
The failure of Mobidonia to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Mobidonia and govern your use of the Service, superseding any prior agreements between you and Mobidonia (including, but not limited to, any prior versions of the Terms of Service). If for any reason a court of competent jurisdiction finds any provision of these Terms of Service invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms of Service with remain in full force and effect.
You acknowledge and agree that you are each waiving the right to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, more than one person’s claims may not be consolidated under any circumstances, in any form of any class or representative proceeding or otherwise.
Questions about the Terms of Service or for general technical support information you may visit http://mobidonia.com.