Terms of Use

IMPORTANT PLEASE READ THE TERMS OF USE OF THIS LICENSE AGREEMENT CAREFULLY BEFORE CONTINUING WITH THE USE OF THE SOFTWARE AND SERVICES PROVIDED: This Terms-Of-Use ("TOU") is a legal agreement between you (either an individual or a single entity) and Mobisma AB for the Mobisma AB software product(s) which may include associated software components, media, printed materials, and "online" or electronic documentation ("SOFTWARE PRODUCT" AND "SERVICES"). By installing, copying, or otherwise using the SOFTWARE PRODUCT and SERVICES, you agree to be bound by the terms of this TOU. This agreement represents the entire agreement concerning the program between you and Mobisma AB, and it supersedes any prior proposal, representation, or understanding between the parties. If you do not agree to the terms of this TOU, do not use the SERVICES. The software product and SERVICES are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SERVICES are licensed, not sold.

  • 1. Your relationship:
    • 1.1 Mobisma MOBILIZE BUSINESS ab – short name Mobisma ab and referred to further in this document as  “Mobisma” together with our solution partners – including resellers and installers (referred to as “Us”, and “We”) are “Providers” of a family of business communication solution services referred to from here on as “SERVICES” and you - being a company or an end user using the business communication solution services (“SERVICES”) are “Users” of the services (may also be referred to as “YOU”, “You”, “Your” from here on in this document).
    • 1.2 Authority to Accept the Terms: You represent that you have full power, capacity, and authority to accept these Terms. If you are accepting on behalf of your employer or another entity, you represent that you have full legal authority to bind your employer or such entity to these Terms. If you don't have the legal authority to bind, please ensure that an authorized person from your entity consents to and accepts these Terms COMPLETELY.
  • 2. License Ownership:
    • 2.1 When Mobisma resellers/installers install the “SERVICES” at your place of business – as part of the installation and configuration – certain “SERVICES” software licenses would be registered, allocated, and activated either per individual use or for the service(s) enabled - as required. When the reseller allocates these licenses to Your business – you agree to become the OWNER of the licenses – and the license OWNERSHIP is transferred to YOU. We will strive to also generate a list of software license(s) and provide You with a copy for your records (typically via email) to Your registered email address.
    • 2.2 If YOU continue to use the SERVICES for any duration more than 30 days – YOU agree that YOU have purchased the “SERVICES” and any associated license(s) and YOU agree to pay the relevant invoice to the reseller/installer of the SERVICES within the time required in the invoice. As OWNER of the license - You have the right to assign/allocate any User level license(s) to another user/employee within Your company. Any such re-assignment of the license to another user within the same company can be done by the reseller/installer. You further agree that YOU do NOT have the right to TRANSFER OR RESELL the license(s) to anyone else.
    • 2.3 License Trial period and revocation: Should YOU decide to NOT want to use the SERVICES – you MUST inform the reseller/installer AS SOON AS POSSIBLE (within the 30 days) in writing explaining your reasons (email is OK). When reseller/installers receive such a request – they will try to resolve any issue and make sure that any concerns you have raised are resolved as best as possible. However – if this is not done to Your acceptable level – the resellers/installers will initiate a process to “REVOKE” the license OWNERSHIP and cancel the SERVICES with immediate effect and you will NO LONGER BE ABLE to use the SERVICE after this point.
    • 2.4 Software & License Delivery: Delivery of our software and license(s) for the SERVICES is done electronically and is activated by means of license keys.
  • 3. SUPPORT: The license ONLY gives you the right to access the SERVICES FOR THE DURATION THAT SUPPORT IS PROVIDED. Please read details of our support policy here.
  • 4. Privacy Policy: Please read our privacy policy here.
  • 5.0 Exclusion of warranty:
  • 5.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." MOBISMA, ITS PARTNERS, RESELLERS AND THEIR SUPPLIERS, DO NOT REPRESENT OR WARRANT TO YOU THAT:
    • 1. THE SERVICE WILL MEET YOUR REQUIREMENTS;
    • 2. THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;
    • 3. THE SERVICE WILL BE ACCURATE OR RELIABLE; AND
    • 4. DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.
  • 5.2 YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE, LOSS OF DATA, OR ANY OTHER DAMAGE OR INJURY THAT RESULTS FROM DOWNLOADING OR USING THE SERVICES OR ANY CONTENT YOU ACCESS THROUGH IT.
  • 5.3 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MOBISMA OR ITS RESELLERS WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
  • 5.4 MOBISMA, ITS PARTNERS RESELLERS/INSTALLERS, AND SUPPLIERS FURTHER EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
  • 6.0. LIMITATIONS OF LIABILITY.
  • 6.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MOBISMA, ITS PARTNERS RESELLERS/INSTALLERS AND THEIR SUPPLIERS, WILL NOT BE LIABLE TO YOU FOR:
    • 1. ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES THAT MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY (INCLUDING CONTRACT, TORT, COMMON LAW, OR STATUTORY DAMAGES); ANY LOSS OF REVENUES OR PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY); ANY LOSS OF GOODWILL OR BUSINESS REPUTATION; ANY LOSS OF DATA; ANY COST TO PROCURE SUBSTITUTE GOODS OR SERVICES; OR ANY INTANGIBLE LOSS; OR
    • 2. ANY LOSS OR DAMAGE AS A RESULT OF:
      • 1. ANY CHANGES THAT MOBISMA MAY MAKE TO THE SERVICES, OR ANY PERMANENT OR TEMPORARY DISCONTINUATION OF THE SERVICE (OR ANY FEATURES WITHIN THE SERVICE);
      • 2. THE DELETION OR CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICE;
      • 3. YOUR FAILURE TO KEEP SECURE AND CONFIDENTIAL ANY ACCOUNT AND PASSWORD THAT MAY BE NEEDED TO ACCESS THE SERVICES OR PART OF THE SERVICES.
  • 6.2 THE LIMITATIONS ON MOBISMA’S LIABILITY IN SECTION 6.1 ABOVE WILL APPLY WHETHER OR NOT MOBISMA, ITS PARTNERS, RESELLERS/INSTALLERS OR THEIR SUPPLIERS HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES OR DAMAGES.
  • 7.0 INDEMNIFICATION:
  • 7.1 You agree to indemnify and hold harmless Mobisma ab and its affiliates, officers, agents, partners, resellers and employees from any claim or demand, including reasonable attorneys' fees arising out of:
    • Your use of the SERVICES;
    • Your violation of these Terms;
    • Your end users’ use of the SERVICES;
  • Finally, you agree to further absolve Mobisma of ANY responsibility for wrongful use of SERVICES by you or your users.
  • 8.0 Publicity:
  • 8.1 We are proud to have you as a customer. During the term of this agreement, you hereby grant us a worldwide, non-exclusive, royalty-free, non-transferable license to use your trademarks, service marks, and logos for the purpose of identifying you as a Mobisma customer to promote and market Mobisma software and services. Of course, if you prefer we not use your logo or name in a particular way, just let us know, we will respect that and try to bring to conformance any use of your logo or name that YOU deem is incorrect.
  • 9.0 TERMINATION
  • Without prejudice to any other rights, Mobisma AB may terminate this TOU if you fail to comply with the terms and conditions of this TOU. In such event, you must destroy all copies of the SOFTWARE PRODUCT in your possession AND completely delete AND ERASE any software or information that allows you access to the SERVICES.