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.
OMEX Sp. z o.o. Sp. k, ul. Siemiradzkiego 5, 81-375 Gdynia, KRS: 0000375262 REGON: 221160244 | NIP: 586-226-32-14
Mobiare Software Application, provided as a service in the SaaS (Software as a Service) model
Any account created by User in the Service
User can pay for 14 days access to ths Sytem or choose monthly payments (advance payment).
Information, data and communications stored by the Users in the Service.
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.
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 is measured as a time between the two events:
A Payment for the Service which was not paid by the due date. The access to the System will be suspended after that date.
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.
It is forbidden to use the Service for malicious and illegal activities, including
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.
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.
It is forbidden to input, process, handle or distribute the following content
Responsibility for activities:
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.
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.
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).
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.
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.
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
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.
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.
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.
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.
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
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.
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 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.
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.