Terms of Service
EnsoMobile ("EnsoMobile", "we" or "us") provides a service to enable you to develop mobile applications (each an "Application") as well as related hosting and support services ("Service"). By using the EnsoMobile.com web site ("Site") and/or the Service, you are agreeing to be bound by the following terms and conditions ("Terms of Service"). By using the EnsoMobile.com web site ("Site") and/or the Service, you are agreeing to be bound by the following terms and conditions ("Terms of Service").
EnsoMobile reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: http://EnsoMobile.com/terms/ Violation of any of the terms below will result in the termination of your Account. You agree to use the Service at your own risk and subject to the terms set forth below.
Account Terms
1. You must be 13 years or older to use this Service and open an account ("Account").
2. You must be a human. Accounts registered by "bots" or other automated methods are not permitted.
3. You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
4. You are responsible for maintaining the security of your Account and password. EnsoMobile cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
5. You may not use your own Account to publish an Application with any mobile platform provider ("Provider"), for example iTunes, Android Market, or Blackberry App World. EnsoMobile will be the sole publisher of your Applications.
6. You are responsible for all text, data, graphics, images, photos and video files posted on the Site ("Content") and activity that occurs under your Account (even when Content is posted by others who have access to your account).
7. You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright and privacy laws).
Payments and Refund Terms
1. A valid credit card is required.
2. The Service is billed in advance on a monthly or yearly basis and is non-refundable. There will be no refunds or credits for setup fees, partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open Account. In order to treat everyone equally, no exceptions will be made.
3. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
4. EnsoMobile will use commercially reasonable efforts to have the application approved by the appropriate mobile platform provider. Although there is a high likelihood of approval, we do not and cannot guarantee acceptance. If your application is denied by the appropriate mobile platform provider you may cancel your account, however there are no refunds under any circumstances.
Cancellation and Termination
1. You are solely responsible for properly canceling your account. Account cancellation requests must be submitted in writing to info@EnsoMobile.com. Cancellations by phone or sent to any other email address will not be considered valid.
2. All of your Content will be deleted from the Service upon cancellation. This information cannot be recovered once your Account is cancelled.
3. If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.
4. EnsoMobile, in its sole discretion, has the right to suspend or terminate your Account and refuse any and all current or future use of the Service, or any other EnsoMobile service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account.
5. EnsoMobile reserves the right to refuse service to anyone for any reason at any time.
Modifications to the Service and Prices
1. EnsoMobile reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
2. Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the Site or the Service itself.
3. EnsoMobile shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
4. From time to time, EnsoMobile may issue an update to the EnsoMobile application which may add, modify, and/or remove features from the Application. These updates may be pushed out automatically with little or no notice, although EnsoMobile will make commercially reasonable efforts to notify you in advance of an upcoming update, including details on what the update includes.
Copyright and Content Ownership
1. You represent and warrant that you have the necessary intellectual property rights to provided Artwork and Content to grant the permission herein and that EnsoMobile’s publication of the Artwork and Content in accordance with this permission will not violate or infringe any copyright, trademark, or other intellectual property or proprietary right of any person or entity. You will indemnify and hold harmless EnsoMobile from or warranty.
2. We claim no intellectual property rights over your Content. Your artwork and materials provided by you remain yours. However, by using the Service to create your Application, you agree to allow others to view and share your Content.
3. EnsoMobile and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.
4. The Site and the Service, including their "look and feel" are protected by copyright, trademark, and other laws of the United States and foreign countries. EnsoMobile exclusively owns all right, title and interest in and to the Site and the Service, including all associated intellectual property rights. Without limiting the foregoing, you may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements of the Site or the Service without express written permission from EnsoMobile.
5. You shall be solely responsible for securing and paying for all digital phonorecord delivery mechanical licenses, any public performance licenses, synchronization licenses and any other licenses from musical composition copyright owners (or their agents) required in connection all Content selected by you for use in connection with your Application.
6. You will indemnify and hold harmless EnsoMobile from any claim, damage, or expense on your behalf (including reasonable attorneys’ fees) arising from the distribution of the Artwork and Content via the Application.
Privacy
1. You and your Application must abide by all applicable privacy laws and regulations, and by the terms and conditions set forth by the applicable Provider.
General Conditions
1. Your use of the Service is at your sole risk. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EnsoMobile EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE SITE, SERVICES, CONTENT AND USER SUBMISSIONS, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING OR COURSE OF PERFORMANCE.
2. Technical support is only available via email. The technical support email address is support@EnsoMobile.com.
3. You authorize the Company to use, reuse, and to grant others the right to use and reuse, your Content, and any reproduction or simulation thereof, in any form of media or technology now known or hereafter developed, both during and after your use of the Services, for any purposes related to the Service
4. You understand that EnsoMobile uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
5. You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, or any other EnsoMobile service.
6. You agree not to reproduce, duplicate, copy, reverse engineer, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by EnsoMobile.
7. We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
8. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any EnsoMobile customer, employee, member, or officer will result in immediate Account termination.
9. You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
10. You must not upload, post, host, or transmit unsolicited email, SMSs, or "spam" messages.
11. You must not transmit any worms or viruses or any code of a destructive nature.
13. EnsoMobile does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
14. You expressly understand and agree that EnsoMobile shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if EnsoMobile has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the Service; (v) or any other matter relating to the service.
15. You agree to defend, indemnify, and hold EnsoMobile, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney's fees and costs, arising out of or in any way connected with (i) your access to or use of the Site or the Service; (ii) your violation of these Terms of Service; or (iii) your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right by you or your Application.
16. The failure of EnsoMobile to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and EnsoMobile and govern your use of the Service, superseding any prior agreements between you and EnsoMobile (including, but not limited to, any prior versions of the Terms of Service).
17. In no event shall EnsoMobile liability to you exceed the amount actually paid to EnsoMobile by you during the preceding 12 months.
18. Questions about the Terms of Service should be sent to info@EnsoMobile.com. |
