Welcome to Moobila.com (the “Website”), a website owned and operated by Moobila Corporation (“Moobila”, “we”, “us”, or “our”). Moobila provides various services including SEO, content marketing, email marketing, Shopify development and digital marketing for different industries (collectively, the “Services”). By accessing or using the Website or the Services, you agree to be bound by these Terms of Service (“Terms”) and our Privacy Policy. If you do not agree with these Terms or our Privacy Policy, you should not access or use the Website or the Services. We reserve the right to change or modify these Terms at any time and in our sole discretion. If we make any changes, we will notify you by posting the updated Terms on the Website. Your continued use of the Website or the Services after any such changes constitutes your acceptance of the new Terms.

Eligibility

The Website and the Services are intended for users who are at least 18 years old. By accessing or using the Website or the Services, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms.

Registration and Account

To access or use some features of the Website or the Services, you may need to register for an account (“Account”). When you register for an Account, you agree to provide accurate, current, and complete information about yourself and to update your information as necessary. You also agree to maintain the security of your Account credentials and to notify us immediately if you suspect any unauthorized access or use of your Account. You are responsible for all activities that occur under your Account and you agree not to share your Account with anyone else. We reserve the right to suspend or terminate your Account at any time and for any reason, without notice or liability. You may also cancel your Account at any time by contacting us at info@moobila.com.

Fees and Payment

Some of the Services may require you to pay fees (“Fees”). The Fees will be disclosed to you before you purchase or subscribe to the Services. You agree to pay all applicable Fees in accordance with the payment terms and methods specified on the Website. You also agree to pay all taxes, charges, and fees that may apply to your use of the Services.

We reserve the right to change or modify the Fees at any time and in our sole discretion. If we make any changes, we will notify you by posting the updated Fees on the Website. Your continued use of the Services after any such changes constitutes your acceptance of the new Fees.

If you fail to pay any Fees when due, we may suspend or terminate your access to the Services without notice or liability.

Refunds and Cancellations

Unless otherwise stated on the Website or in these Terms, all Fees are non-refundable and non-transferable. You may cancel your subscription to any Service at any time by contacting us at info@moobila.com. However, you will not receive a refund for any Fees that you have already paid for the current billing period. Your cancellation will take effect at the end of the current billing period and you will lose access to the Service thereafter.

Intellectual Property Rights

The Website and the Services, including all content, features, functionality, software, code, graphics, logos, trademarks, service marks, trade names, domain names, and other materials therein (collectively, the “Moobila Content”), are owned by Moobila or its licensors and are protected by applicable intellectual property laws. You acknowledge and agree that you do not acquire any ownership rights in or to any Moobila Content by accessing or using the Website or the Services.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Website and the Services for your personal and non-commercial purposes only. You may not copy, reproduce, distribute, display, modify, create derivative works from, sell, license, or otherwise exploit any Moobila Content without our prior written consent. You may not use any Moobila Content for any illegal or unauthorized purpose. You may not use any Moobila Content in a way that infringes or violates our rights or those of any third party.

You retain all ownership rights in and to any content that you upload, post, submit, or otherwise provide to us through the Website or the Services (“User Content”). By providing User Content to us, you grant us a perpetual, irrevocable, worldwide, royalty-free, non-exclusive, sublicensable, and transferable license to use, reproduce, distribute, display, modify, create derivative works from, and otherwise exploit your User Content for any purpose and in any medium, without compensation or attribution to you. You also grant us the right to use your name, likeness, and identity in connection with your User Content, if we choose to do so. You represent and warrant that you own or have the necessary rights and permissions to provide User Content to us and to grant us the rights granted herein. You also represent and warrant that your User Content does not infringe or violate any rights of any third party or any applicable laws.

We reserve the right to review, monitor, edit, remove, or delete any User Content at any time and for any reason, without notice or liability. We do not endorse or approve any User Content and we are not responsible or liable for any User Content or its accuracy, completeness, quality, legality, or reliability.

Feedback

We welcome and appreciate your feedback, suggestions, comments, or ideas regarding the Website or the Services (“Feedback”). By providing Feedback to us, you agree that we may use your Feedback for any purpose and in any way, without compensation or attribution to you. You also agree that you do not have any ownership rights in or to any Feedback and that we are not obligated to implement or act upon any Feedback.

Third-Party Links and Services

The Website or the Services may contain links to other websites or services that are not owned or controlled by us (“Third-Party Links”). We provide Third-Party Links for your convenience and information only. We do not endorse or approve any Third-Party Links and we are not responsible or liable for any content, products, services, or practices of any Third-Party Links. You access and use Third-Party Links at your own risk and discretion. You should review the terms of service and privacy policy of any Third-Party Link before accessing or using it.

Disclaimer of Warranties

THE WEBSITE AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, QUALITY, ACCURACY, AND PERFORMANCE. WE DO NOT WARRANT THAT THE WEBSITE OR THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT THAT THE WEBSITE OR THE SERVICES WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS. WE DO NOT WARRANT THAT THE RESULTS OBTAINED FROM THE USE OF THE WEBSITE OR THE SERVICES WILL BE ACCURATE OR RELIABLE. YOU ACCESS AND USE THE WEBSITE AND THE SERVICES AT YOUR OWN RISK AND DISCRETION.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS OR USE OF THE WEBSITE OR THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE WEBSITE OR THE SERVICES. THIS INCLUDES BUT IS NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THESE LIMITATIONS MAY NOT APPLY TO YOU.

Indemnification

You agree to indemnify, defend, and hold harmless Moobila and its affiliates, directors, officers, employees, agents, licensors, and service providers from and against any claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your access or use of the Website or the Services or your violation of these Terms. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with us in defending such matter.

Termination

We reserve the right to terminate your access to the Website or the Services at any time and for any reason, without notice or liability. We may also terminate these Terms at any time by notifying you of such termination. Upon termination of these Terms for any reason,

  • Your license to access and use the Website and the Services will immediately cease;
  • You will lose access to your Account and any User Content associated with it;
  • You will stop using any Moobila Content; and
  • The provisions of these Terms that by their nature should survive termination shall survive termination, including but not limited to intellectual property rights, disclaimer of warranties, limitation of liability, indemnification, and governing law.

Governing Law

These Terms and your access and use of the Website and the Services are governed by the laws of the State of California, without regard to its conflict of law principles. Any dispute arising out of or relating to these Terms or your access or use of the Website or the Services shall be subject to the exclusive jurisdiction and venue of the state and federal courts located in Santa Clara County, California. You waive any objection to such jurisdiction and venue.

Arbitration

At our sole discretion, we may require you to submit any disputes arising from these Terms or your access or use of the Website or the Services, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying California law. The arbitration shall be conducted by a single arbitrator appointed by the American Arbitration Association. The arbitration shall take place in Santa Clara County, California. The arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

Class Action Waiver

You agree that any arbitration or litigation arising from these Terms or your access or use of the Website or the Services shall be conducted only on an individual basis and not in a class, consolidated, or representative action. You waive any right to participate in a class action or class-wide arbitration for any claims covered by these Terms or your access or use of the Website or the Services.

Severability

If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the rest of these Terms and the remaining provisions shall remain in full force and effect.

Waiver

No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or a waiver of any other provision. Any failure by us to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

Entire Agreement

These Terms and our Privacy Policy constitute the entire agreement between you and us regarding your access and use of the Website and the Services. These Terms supersede and replace any prior agreements between you and us regarding your access and use of the Website and the Services.

Contact Us

If you have any questions or concerns about these Terms or our Website or Services, please contact us at info@moobila.com. We will respond to your inquiries as soon as possible.