Terms of use

Terms of Use

Agreement with OMEX

In order to use the Service, you must first agree to the Terms. You can agree to the Terms by using the Service. You understand and agree that OMEX will treat your use of the Service as acceptance of the Terms from that point onwards.

Definitions

OMEX

OMEX Sp. z o.o. Sp. k, ul. Siemiradzkiego 5, 81-375 Gdynia, KRS: 0000375262 REGON: 221160244 | NIP: 586-226-32-14

Service

Mobiare Software Application, provided as a service in the SaaS (Software as a Service) model

User Account

Any account created by User in the Service

User

A person who logged in to the OMEX Service using an Account. All activities, actions and service use by any of the Users are referred and seen in this Terms of Use as activities, actions and service use by the Company. A company, other organization, consumer who accepts this contract and uses the Service

Payment

User can pay for 14 days access to ths Sytem or choose monthly payments (advance payment).

Content

Information, data and communications stored by the Users in the Service.

User’s PI

Information and data about the User. This includes his or her name, password, email, contact information and other personal information provided to the Service by the Users.

Unavailability of the Service

A state of the Service when key features of the service malfunction and can not be used by the Company. Internet connection issues, attacks or network configuration issues at the Company or Company’s internet provider does not mean that the Service is unavailable.

Time of Unavailability of the Service

Time of Unavailability of the Service is measured as a time between the two events:

  • Time when the Company reasonably notified OMEX about the Unavailability of the Service.
  • Time when the OMEX resolved the Unavailability issue

Late Payment

A Payment for the Service which was not paid by the due date. The access to the System will be suspended after that date.

Conditions of use

Allowed use of the Service

The Service may be used by the User in the way in which the application was designed for, within the limits of the Payment Plan selected by the Company.

Disallowed use of the Service

Malicious activities

It is forbidden to use the Service for malicious and illegal activities, including

  • Spam-related activities
  • Sending email in violation of the CAN-SPAM Act or any other applicable anti-spam law
  • Imitating or impersonating another person or his, her or its email address, or creating false accounts for the purpose of sending spam
  • Data mining any web property (including Google) to find email addresses or other user account information
  • Sending unauthorized mail via open, third-party servers
  • Sending emails to users who have requested to be removed from a mailing list
  • Selling, exchanging or distributing to a third party the email addresses of any person without such person’s knowing and continued consent to such disclosure
  • Sending unsolicited emails to significant numbers of email addresses belonging to individuals and/or entities with whom you have no preexisting relationship
  • Distributing forbidden, illegal or copyrighted content
  • Espionage (including industrial and governmental espionage)
  • Distributing virus, trojan and other malicious software
  • Send, upload, distribute or disseminate or offer to do the same with respect to any unlawful, defamatory, harassing, abusive, fraudulent, infringing, obscene, or otherwise objectionable content
  • Intentionally distribute viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any other items of a destructive or deceptive nature;
  • Conduct or forward pyramid schemes and the like;
  • Transmit content that may be harmful to minors;
  • Impersonate another person (via the use of an email address or otherwise) or otherwise misrepresent yourself or the source of any email;
  • Illegally transmit another’s intellectual property or other proprietary information without such owner’s or licensor’s permission;
  • Use the Service to violate the legal rights (such as rights of privacy and publicity) of others;
  • Promote or encourage illegal activity;
  • Interfere with other users’ enjoyment of the Service;
  • Sell, trade, resell or otherwise exploit the Service for any unauthorized commercial purpose
  • Modify, adapt, translate, or reverse engineer any portion of the Service;
  • Remove any copyright, trademark or other proprietary rights notices contained in or on the Service
  • Reformat or frame any portion of the web pages that are part of the Service’s Administration Console
  • Use the Service in connection with illegal peer-to-peer file sharing;
  • Display any content on the Service that contains any pornographic, hate-related or violent content or contain any other material, products or services that violate or encourage conduct that would violate any criminal laws, any other applicable laws, or any third party rights
  • Use the Service, or any interfaces provided with the Service, to access any other product or service in a manner that violates the Terms of Service or other terms and conditions for use of such product or service.

Excluded businesses

It is forbidden to use the Service for the design, development, production, or use of missiles or the design, development, production, stockpiling, or use of chemical or biological weapons.

It is forbidden to use the Service to handle Content which might be classified in one or more countries or is important to a national security of some country.

Using undocumented interfaces

It is forbidden to access, or attempt to access, any interface (including API) of the Service by any means not explicitly provided and documented by OMEX.

Handling excluded content

It is forbidden to input, process, handle or distribute the following content

  • Content that infringes a third party’s rights (e.g., copyright) according to applicable law
  • Pornographic, obscene or excessively profane content
  • Hate-related or violent content
  • Content advocating racial or ethnic intolerance
  • Content intended to advocate or advance computer hacking or cracking
  • Gambling
  • Other illegal activity, including without limitation illegal export of controlled substances or illegal software
  • Drug paraphernalia
  • Phishing
  • Malicious content
  • Other material, products or services that violate or encourage conduct that would violate any criminal laws, any other applicable laws, or any third-party rights

Passwords and accounts security

 Maintaining passwords:

  • It is the User responsibility to maintain passwords in secret and supervise,

Responsibility for activities:

  • It is the sole responsibility of the User of all direct and indirect results of all activities performed under the Users’ accounts

Breaching Terms of Use

 Decision that the User has breached Terms of Use is made solely by the OMEX, based on the measurements of the Users’ use of the Service made by OMEX and its subcontractors or on the proofs provided by 3rd party (for example, but not limited to, by an entity who received damages because of the Company’s actions).

If a result of breaching Terms of Use by the Company is a damage to 3rd party, User accepts sole responsibility for its actions.

In any case OMEX suffers loss or incures legal consequences as a result of damages took by the acts of the User, OMEX has right to make a claim for recourse to the User.

Termination

Standard Termination

The Service is terminated if the User does not prolong the contract before the end of previous contracted period. Prolongation of the contract is performed by paying the service fee for the next period.

Abnormal Termination

OMEX reserves the right to discontinue or pause, at OMEX’s sole discretion, the provision of the Service to the User without notice period if the User has breached any provision of the Terms of Use.

OMEX reserves the right to discontinue or pause, at OMEX’s sole discretion, the provision of the Service to the User without notice period for any Late Payments.

OMEX reserves the right to discontinue or pause the provision of the Service without notice period if is required to do so by law (for example, due to a law change).

Service Levels

Availability

In case of Unavailability of the Service more than 1 days in the calendar month, the monthly fee of the next calendar month is lowered 3% for each day of the Unavailability of the Service. The Company understands that this is the maximum possible compensation and agrees to not issue any other claims because of direct or indirect results of the Unavailability of the Service.

Performance

OMEX does not warrant any performance parameters of the Service although will take economically reasonable efforts to keep performance parameters adequate to the service purpose.

Data retention after contract termination

Standard Termination

OMEX has the right, but no obligation, to prune or disconnect the User’s Content after 1 month after the Standard Termination of the Service

Abnormal Termination

In case of Abnormal Termination of the Service, OMEX has the right, but no obligation, to prune or disconnect the User’s Content after 2 weeks after the notice about Abnormal Termination had been sent to the User.

If the Service was terminated because of the Late Payments and these payments have been paid and received to OMEX account within 2 weeks after sending Abnormal Termination Notice, OMEX will not prune or disconnect the Content.

If the Service was terminated because of handling excluded content then OMEX reserves the right to prune or disconnect the User’s Content immediately, even before sending Abnormal Termination notice.

Updates

Agreement for updates

OMEX has right, but no obligation, to change the Service and its features with intention to improve it. The changes may be in a form of enhancements and improvements of existing features and in a form of new features.

OMEX has right, but no obligation, to fix defects (bugs) in the Service application code.

The User has right to submit defects noticed in the service to OMEX.

The User has right to suggest features and improvements using designated channels provided by OMEX. In such a case, the User transfer to OMEX all rights to the submitted suggestions and ideas and agrees to not request any fees for them.

Updates policy

OMEX may, but is not obliqued to, publish a Service improvement Roadmap to give the User insight for what is planned for the next year. The Roadmap is not OMEX’s obligation to implement particular features, enhancements or improvements, is a subject to change (of both content and timing) and is meant solely to give the User introspection into internal OMEX’s decision and planning process. OMEX may also implement features, enhancements and improvements not included in the Roadmap.

Fees and charges

OMEX may change its fees and payment policies for the Service with sixty (60) days prior notice.

In case the fee change is advantageous for the Company, the change may be introduced without the prior notice.

Any outstanding balance becomes immediately due and payable upon termination of the Terms for any reason, both Standard Termination and Abnormal Termination.

OMEX fees do not cover costs of data transmission during use of the Service. 

Content in the Service and Take Down Obligations

OMEX reserves the right (but shall have no obligation) for OMEX and its hosting providers to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from the Service to ensure compliance with the Terms of Use.

In the event that Content violating Terms of Use is found, OMEX reserves the right to take down the violating Content, possibly together with other interconnected (referred) Content

The User is solely responsible for the Content that the Users create, transmit or display while using the Service and for the consequences of the Users’ actions (including any loss or damage which OMEX or its subcontractors may suffer) by doing so. OMEX has no responsibility to the User or to any third party for the Content that the Users create, transmit or display while using the Service and for the consequences of the Users’ actions.

Backup policy and responsibility for stored Content

OMEX has no responsibility or liability for the deletion or failure to store any Content and other communications maintained or transmitted through use of the Service.

Policy for Content on 3rd Party Storage

As Content on 3rd Party Storage is only linked to the Service and the Service has little or no control on it, that Content is not covered by these Terms of Use. Specifically, but not limited to, it is not covered by Take Down Obligations,

Exclusion of Warranties

OMEX shall not be liable for failing or delaying performance of its obligations resulting from any condition beyond its reasonable control, including but not limited to, governmental action, acts of terrorism, earthquake, fire, flood or other acts of God, labor conditions, power failures, and Internet disturbances.

Communications Policy

OMEX may send communications to Users’ e-mail addresses in purpose of notification about important events in OMEX which might require their action. This includes, but is not limited to: notifications about new tickets to serve, reminders about shared resources to lend or return, notifications about new accounts and password changes.

OMEX may send, directly or through 3rd party mailing service, low-traffic e-mail communication to Company Administrators’ e-mail addresses in purpose of communicating changes or events which may be important to the Company. This includes, but is not limited to: notifications about new and changed functionalities, notifications about launches of complementary services, changes in pricing or terms of use, notifications about system performance or security issues, informative materials about OMEX business.

OMEX may provide to Company Administrator an option to to unsubscribe for all or some of types of the communications via “unsubscribe” link in the e-mail message or an option in OMEX system. By selecting the option, Company accepts that publishing changes on OMEX site or blog is assumed as a valid notification, equal to e-mail notification.

Invoicing policy

User agrees that, when Userorders any paid services, OMEX can issue and send receipt to Company in an electronic format, based on Polish Ministry of Finance Regulations (December 17, 2010, Journal of Laws No. 54, as amended).

Invoices will be issued only on User’s demand.

OMEX takes care to assure authenticity and integrity of invoices. Invoices will be sent to designated e-mail account.

User assures that designated e-mail account for receiving invoices (or receipts) is correct, accessible by appropriate User’s representative and secure enough to assure efficient delivery of invoices (or receipts).

User agrees to receive invoices (or receipts) in the language appropriate for OMEX’s local fiscal regulations. OMEX will take efforts, but is not obliged to, provide English translation of the invoices.

Polish Companies only: Company declares that the Service is used for business purposes, not for consumer purposes and, as such, OMEX is not required to meet requirements of Article 7 of Polish Law on Polish Language about using Polish language when trading with consumers.

European Union Companies only: Company declares that will ensure that, if VAT ID number is provided for invoicing, it is valid and current. In case of invalid VAT ID provided, OMEX reserves the right to claim reimbursement of exceptional VAT paid by OMEX as a direct result of the VAT ID invalidity. In case VAT ID is not provided or found invalid by OMEX before creating the invoice, the VAT can be added to the invoice.