|Legal Text||In Plain English|
- 1. Eligibility and Registration: The following article set forth Mobile Monkey’s eligibility and registration terms, which altogether are the preliminary requirements to enter into these Terms of Service.
- 1.1. Who Can Register? Mobile Monkey’s services can be used by either individual persons and by corporations who are the designated agents of such corporations. When opening an account on behalf of a corporation, you hereby state that you are duly authorized to enter into these terms and that you hold all the required prerequisites. If you operate a corporate account, you may open linked accounts for individuals in your corporation, who may have limited access. You are required to ensure that each of those individuals adhere to Mobile Monkey’s Terms of Service as well.
- 1.1.1. Adult: You are over 18 years of age, or if you are a corporation, the corporation is valid and allowed to enter into this Agreement.
- 1.1.2. Residence: You do not reside in any proscribed state.
- 1.1.3. Solvent: You are solvent and have not filed for bankruptcy, liquidation, debt arrangement or otherwise lost your ability into entering into agreements such as these terms.
- 1.1.4. Authorized: If you are acting on behalf of a corporation, then you are the authorized entity to enter into these terms and are acting on behalf of such corporation.
- 1.2. Registration Details: In order to register to Mobile Monkey’s services, you shall be required to provide Mobile Monkey with some personal information, such as your name and email address. The remaining information shall be filled out later.
- 1.3. Registration Process: After you provide Mobile Monkey with your information, you may be required to activate your account by clicking a link in your electronic mail.
- 1.4. One Account For One Client: It is Mobile Monkey’s policy to have one account per one individual person, and that you do not share your account with other.
- 1.5. Multiple Websites: You may operate Mobile Monkey on multiple websites, provided that you are their respective owner.
- 1.6. Passwords: Following your registration, you shall be required to replace the password that Mobile Monkey provided you. The password shall be hashed on Mobile Monkey’s server.
- 1.6.1. Sharing your login data: You are specifically prohibited from sharing your password with any third party.
- 1.6.2. Retaining your login data: Mobile Monkey highly discourages the use of password managers in order to retain your login information.
- 1.6.3. Notification: You are required to inform Mobile Monkey, immediately, upon any case where you believe that your account was breached and in any case you are in knowledge of any unauthorized use of any Mobile Monkey account.
- 1.6.4. Mobile Monkey’s Liability: Mobile Monkey shall not be liable in any case where you did not adhere to these security guidelines and shall not be able to assist you in any manner should you refrain from using Mobile Monkey’s best practices as published from time to time.
|We need some personal information in order for you to register.|
Please choose a wise password and don’t give it out to anyone.
- 2. Services: The following services are provided by Mobile Monkey, where each of them shall be referred to as a “Service” and altogether they shall be referred to as “Services”.
|These are the services we provide:|
|A Customizable Website Interactive Layer, where users can perform some actions or request additional information.|
- 2.2. Google Analytics Integration: Mobile Monkey shall automatically integrate its services, if possible, with your Google Analytics Account to provide you with better services.
|We will integrate Google Analytics with our services for better performance.|
- 2.3. Segmentation: Mobile Monkey may provide you with an apparatus to change the interactive layer according to different criterion, such as the traffic source, approximate geolocation, mobile device type, the time of day, and the page on the site.
|We can allow you to segment your users and display different messages in different cases.|
- 2.4. A/B Testing: Mobile Monkey may also provide you with an A/B Testing mechanism to test certain features of the interactive layer.
|We provide A/B Testing services.|
- 2.5. Watermark: The services shall be watermarked with Mobile Monkey’s logo. You may remove it at a certain cost.
|We protect our brand with an on-line watermark, you can pay us to remove it.|
- 3. Payments: For its services, Mobile Monkey shall be entitled to payments, as set in the payment schedule which appears on the Mobile Monkey website. The payments may be for “pay as you go” packages, or for monthly subscriptions.
|The services may cost money.|
- 3.1. Payments via credit card/paypal: Payments shall be made via credit card and/or paypal, and shall be monthly recurring.
- 3.2. Recurring Subscription: Unless stated otherwise, the payments shall be recurring for both the subscription model and the pay-as-you-go (which shall be billed again upon completion).
- 3.3. Invoicing: Following the payment, Mobile Monkey shall issue you an invoice.
|We have a subscription model, which renews automatically.|
- 3.4. Termination of Subscription: You may notify Mobile Monkey at any time that you wish to terminate your subscription. In such case, your subscription shall terminate at the end of the current billing cycle.
- 3.5. Early Termination: In case where you shall request early termination, then Mobile Monkey may, at its sole discretion, provide you with a partial refund for the unused amount, minus any discounts you received.
|You can terminate the service at any time, we may refund you proportionally minus the discount you received for the terms.|
- 4. License: In respect to the interactive layer which you created, Mobile Monkey hereby licenses you a temporary, royalty-free, limited, license to use and to integrate the interactive layer in your website. You may not reuse, distribute, create derivative works and/or otherwise publish the interactive layer.
|We grant you a limited license to use our code in your website.|
- 5. Content Policy: By either providing Mobile Monkey with visual, textual, audiovisual, or other material or by using Mobile Monkey’s Service to create content, You hereby accept Mobile Monkey Content Policy as set forth. You acknowledge that any violation of the User Generated Content Policy may cause termination of Your service, removal of your content and legal action by both Mobile Monkey and the person whose rights were infringed.
- 5.1. What is “Content”? For the purpose of this policy, the term Content shall refer to: (i) images and/or text and/or videos used in creating content through the service, as well as comments; (ii) images or videos retrieved from 3rd parties in such items; (iii) description, text and information processed through Service; (iv) submissions made through Service.
- 5.2. Guidelines: You hereby warrant that Your Content is not offensive and does not infringe the right of any 3rd party, including, but not only:
- 5.2.1. Intellectual Property Infringing: Your Content does not infringe any 3rd party copyright, design, patent, trademark, trade secrets or any other intellectual property rights.
- 5.2.2. Pornography: Your Content does not contain any text, image or depiction including nudity, profanity, sexual activity, sexual innuendos, sexually offensive or otherwise obscene.
- 5.2.3. Slanderous: Your Content does not slander, defame or otherwise harm the good name of others.
- 5.2.4. Hate Speech and Racism: Your Content does not include any hate speech or racist opinions, as well as does not incite others to violent acts against persons solely based on their inclusion in a specific group.
- 5.2.5. Scams: Your Content is not used to initiate or encourage any participation in a scam, market manipulation, pyramid scheme, alcoholics anonymous meetings, cults, phishing or otherwise any use which may be used to extract goods and/or money from others, including any virtual property.
- 5.3. License: You hereby warrant that you are the sole owner and proprietor of any content you distribute through the service.You hereby grant Mobile Monkey license to use your Content to provide other users with the Services. It does not mean that Mobile Monkey may publish it publicly, it means that Mobile Monkey can provide others, with the contents of your submission through the interactive layer.
- 5.4. Warranty: You hereby warrant that you are either the sole proprietor or a designated licensee of any content you post through the service and that no other party’s rights are infringed or violated by your use of the content and the Service. You moreover warrant that no legal claim, dispute or lawsuit was filed against you or threatened against you for publishing content through the Service.
- 5.5. Reporting Offensive or Infringing Content: you may flag any Content as offensive or infringing on any of your rights and allow Mobile Monkey’s moderators to review said contribution by pressing “report” or sending Mobile Monkey an email at DMCA@mobilemonkey.com. You acknowledge that such report shall not impose liability on any contribution not removed and will not impose any other obligation on Mobile Monkey.
- 5.6. Moderation and Removal: Mobile Monkey may, at its sole discretion, remove any Content, delay the publication of any Content or amend any Content. You shall have no claim as to Mobile Monkey’ intervention in Content and shall hold Mobile Monkey harmless to any Content moderated, removed, or amended.
- 5.7. Moderation Process: When receiving a complaint, Mobile Monkey shall send the User whose Content you reported as offensive a message claiming that you reported such Content as offensive, without mentioning your personal details, but with your complaint. Mobile Monkey shall wait for up to 5 business days, and had such User not responded, it shall remove the Content. If such User responded, Mobile Monkey shall remove the Content in dispute in cases where the User failed to show that his Content is not offensive or infringing. Mobile Monkey shall have sole discretion in removing or moderating Content. Should the User request to leave content intact, Mobile Monkey shall supply you with the contact details of said user, so that you may pursue litigation against said user. By sending Mobile Monkey a notice according to this clause, you waive any claim against Mobile Monkey for any infringement of your rights by any user.
- 5.8. Emergency & DMCA Takedown Notices: Should you encounter any Content which you consider infringing on any of your rights,you may contact Mobile Monkey immediately via violations@Mobilemonkey.com at any time and request that such content be removed. Such request should be followed with the following documents: (1) a sworn affidavit, certified by an attorney, where you state you are the person who holds the rights to Content; (2) a warranty that you will indemnify User and Mobile Monkey for every false representation made in the affidavit; (3) sufficient evidence that Content infringes on any of your rights and that the User who posted the Content does not have any good defense.
|You are solely liable for anything you post through the service.|
We have a DMCA policy and a policy for removing offensive content.
- 6. Indemnification: You hereby warrant and agree to hold Mobile Monkey harmless and to indemnify Mobile Monkey for any damage, loss, expense, legal expense or cost incurred as a result of (i) your use of the services in direct violation of these terms of service, including any false representation; OR (ii) any claim, complaint or notification filed maliciously or negligently against any Mobile Monkey or other Mobile Monkey user where no such claim had any legal standing. Such indemnification shall only apply if: (a) Mobile Monkey notifies you, in writing, promptly upon knowledge of such action; (b) Mobile Monkey allows you, at its own costs and expenses, to defend such claims; (c) Mobile Monkey shall not settle any such claim without your explicit consent.
- 7. Warranty: MOBILE MONKEY DOES NOT WARRANT FOR SERVICE AND SUPPLIES IT ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. YOUR USE OF SERVICE IS AT YOUR OWN RISK AND UNDER YOUR LIABILITY. MOBILE MONKEY MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS AND (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE AND (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE AND (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH SERVICE WILL MEET YOUR EXPECTATIONS, OR (V) ANY ERRORS IN THE SERVICE WILL BE CORRECTED.
- 8. Liability: FOR NO CASE AND FOR NO REASON SHALL MOBILE MONKEY BE HELD LIABLE FOR ANY DAMAGE, DIRECT OR INDIRECT, CONSEQUENTIAL, EXEMPLARY, PHYSICAL OR SPECIAL, TO YOU, ANY OTHER USER OR ANY 3RD PARTY DUE TO ITS MISPERFORMANCE OF DUTIES HEREIN. MOBILE MONKEY PROVIDES THE SERVICE ON AN AS-IS BASIS AND SHALL NOT BE HELD LIABLE, TO THE EXTENT PERMITTED BY LAW, BY ANY CASE OF MISCONDUCT, NEGLIGENCE, GROSS NEGLIGENCE, MALICE OR ANY OTHER MEAN, TO ANY DAMAGES OR LOSS OF PROPERTY, VIRTUAL PROPERTY, REPUTATION AND BUSINESS REPUTATION, USER ACCOUNT INFORMATION INCLUDING LOGIN INFORMATION, LOSS OF PROFIT, LOSS OF GOOD NAME, ALL RESULTING FROM THE USE OR INABILITY TO USE MOBILE MONKEY’S SERVICES. SOME JURISDICTIONS DO NOT ALLOW SUCH LIMITATION OF LIABILITY. IN SUCH CASE, THEN MOBILE MONKEY’S LIABILITY SHALL BE LIMITED SOLELY TO THE SUMS PAID BY YOU TO MOBILE MONKEY DURING THE 12 MONTHS PRIOR THE EVENT CAUSING THE DAMAGE.
|Our Liability is strictly limited. We cannot be held liable for any use you make of our services|
- 9. Contacting You: Mobile Monkey may occasionally contact you with promotional offers, newsletters, mails regarding actions in your accounts and other updates relating to the services. You may always opt-out of these.
|We don’t spam, you might get some bacn.|
- 10. Support: Mobile Monkey shall also provide you support through email. Such support shall be provided in Mobile Monkey’s regular business hours. Mobile Monkey’s support shall assist you in any service related question and shall also provide you with workthroughs in the service. In any case of service malfunction, Mobile Monkey’s support shall also attempt to resolve the malfunction in a timely manner.
|We’ll do our best to provide you with support.|
- 11. Amending these terms: Mobile Monkey may amend these terms from time to time, provided that you shall be informed by electronic mail upon such change. Such changes shall not come into effect until at least 14 days following the amendment and shall not have any retroactive effect on your rights.
|We can update these terms by providing you a 14 day written notice.|
- 12. Terminating Your Service: Mobile Monkey shall have the right to terminate your use of the Mobile Monkey Service or to terminate the Mobile Monkey Service at any time and by providing you, or the entirety of users, a 7 day prior notice. Notwithstanding, Mobile Monkey may terminate your use of the Mobile Monkey service at any time and without prior written notice in any case where it believes that you breached these terms and such breach may cause Mobile Monkey irreparable harm unless your account is terminated immediately. Upon termination of your account and/or service, you shall receive a partial refund, in consideration of the services that you did not use.
We can terminate your account if we have reason to believe you may cause us damage.
We can also close the service.
- 13. Assignment: You may not assign any of your rights and/or obligations under these terms to any third party. Mobile Monkey may assign its rights and obligations under these terms, by providing you with a 30 day written notification.
|If we get bought, we can assign this agreement to the buyer by 30 days notice. You can’t.|
- 14. Governing Law, Jurisdiction: You hereby consent that all disputes between Mobile Monkey and yourself shall be exclusively settled by the competent courts of the Tel-Aviv district in Israel. The Israeli Law shall exclusively govern this Agreement.
- 15. No Class Action: You hereby agree and acknowledge that you may only bring claims against Mobile Monkey on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding.
|You can only sue us in Tel-Aviv, Israel, you can’t bring a class action lawsuit. We like the weather here.|