Mosio Privacy Policy + Terms and Conditions

 

Privacy Policy

Mosio respects your privacy and is committed to protecting the personal information you share with us. This statement describes how Mosio collects and uses your personal information to provide services that you request or when you choose to provide us with your personal information.

Information Collection

Personal information means any information that may be used to identify an individual, including, but not limited to, a first and last name, email address, a home, postal or other physical address, other contact information, title, occupation, industry, personal interests, and other information when needed to provide a service or product or carry out a transaction you have requested.

When you browse our website, you do so anonymously, unless you have previously registered with us. We do not automatically collect personal information, including your email address. We do log your IP address (the Internet address of your computer) to give us an idea of which part of our website you visit and how long you spend there. But we do not link your IP address to any personal information unless you have registered with us. Like many other commercial websites, the Mosio website may use a standard technologies, such as “cookies” and other HTML tools, to collect information about how you use the site or to record that you opened an email marketing message.

Mosio collects personal information when you register with Mosio for a Mosio Member account, when you use certain Mosio products or services, when you ask to be included in an email or other mailing list, or when you submit an entry for a sweepstakes or other promotions, or when you submit your personal information to Mosio for any other reason. From time to time, Mosio receives personal information from business partners and vendors. Mosio only uses such information if it has been collected in accordance with acceptable privacy practices consistent with this Privacy Statement and applicable laws.

Access to certain Mosio web pages requires a login and a password. Unless you request deactivation of your personal information as specified below, your personal information may be retained by Mosio to verify compliance with the agreement, log software licenses granted, track software downloaded from those pages, or track usage of other applications available on those pages.

Notice

When personal information is collected, we will inform you at the point of collection the purpose for the collection. Mosio will not transfer your personal information to third parties without your consent.

In most cases we will provide you with the opportunity to “opt in” prior to receiving direct marketing, email newsletter or market research information. This means we will require your affirmative action to indicate your consent before we use your information for purposes other than the purpose for which it was submitted. At the very minimum, we will always give you the opportunity to “opt out” of receiving such materials. This means we assume you have given us your consent to collect and use your information in accordance with this Privacy Statement unless you take affirmative action to indicate that you do not consent, for instance by clicking or checking the appropriate option or box at the point of collection.

The Mosio Privacy Policy complies with Chapter 3 Articles 12-23 in as much as Mosio collects data from individuals for marketing and day to day business operations. Mosio’s primary role in relation to GDPR is that of a Data Processor for Data Controllers that reside within the Union or Data Controllers that have data subjects that live in the Union. The Data Controllers provide a GDPR compliant contract with Mosio for requested services and Mosio acts under the authority of the Controller to process data based on their instructions.

Cookies and Other Tracking Technologies

A cookie is a small data file that certain websites write to your computer’s hard drive when you visit them. A cookie file can contain information such as a user ID that the site uses to track the pages you have visited, but the only personal information a cookie can contain is information you supply yourself. A cookie cannot read data off your hard disk or read cookie files created by other sites. Some parts of Mosio’s website use cookies to track user traffic patterns. We do this in order to determine the usefulness of our website information to our users and to see how effective our navigational structure is in helping users reach that information.

Some Mosio websites and HTML-formatted email newsletters may use web beacons in conjunction with cookies to understand user behavior. A web beacon is an electronic image, called a single-pixel (1×1) or clear GIF. Web beacons can recognize certain types of information on a visitor’s computer, such as a visitor’s cookie number, time and date of a page view, and a description of the page where the web beacon is placed. Some Web beacons may be unusable if you elect to reject their associated cookies. Mosio may also use customized links or other similar technologies to track email links that you click. We may associate that information with your personal information in order to provide you more focused email communications or purchase information. Each email communication includes an unsubscribe link allowing you to stop delivery of that type of communication.

If you prefer not to receive cookies while browsing our website or via HTML-formatted emails, you can set your browser to warn you before accepting cookies and refuse the cookie when your browser alerts you to its presence. You can also refuse all cookies by turning them off in your browser, although you may not be able to take full advantage of Mosio’s website if you do so. In particular, you may be required to accept cookies in order to complete certain actions on our website. You do not need to have cookies turned on, however, to use/navigate through many parts of our website, except access to certain of Mosio’s web pages may require a login and password.

For additional information about cookies and other tracking technologies, including instructions for blocking their use, see http://privacy.getnetwise.org/browsing/tools/.

How Information Collected Is Used

Mosio uses information for several general purposes: to fulfill your requests for certain products and services, to personalize your experience on our website, to keep you up to date on the latest product announcements, software updates, special offers or other information we think you would like to hear about either from us or from our business partners, and to better understand your needs and provide you with better services. We may also use your information to send you, or to have our business partners send you, direct marketing information or contact you for market research.

Information Sharing and Disclosure

Because Mosio is a global company, your personal information may be shared with other Mosio offices or subsidiaries around the world. All such entities are governed by this Privacy Statement or are bound by appropriate confidentiality and data transfer agreements.

Your personal information is never shared outside Mosio without your permission, except under conditions explained below. Inside Mosio, data is stored in security-controlled servers with limited access. Your information may be stored and processed in the United States or any other country where Mosio, its subsidiaries, affiliates or agents are located.

Mosio may send your personal information to other companies or people under any of the following circumstances:

• When we have your consent to share the information;
• If sharing your information is necessary to provide a product or service you have requested (If your information is shared with third parties we will only provide the information they need to deliver the service. Also, such companies are prohibited from using your information for any other purpose);
• As part of a joint sales promotion or to pass sales leads to one of our distribution partners; and
• To keep you up to date on the latest product announcements, software updates, special offers or other information we think you would like to hear about either from us or from our business partners (unless you have opted out of these types of communications).

We will also disclose your personal information if required to do so by law, to enforce our Terms of Use, or in urgent circumstances, to protect personal safety, the public or our websites.

Your Ability to Access, Update or Deactivate Your Information

If you are a registered user, you can review your personal information and make change requests by accessing http://www.mosio.com/. You may also request deactivation of your Mosio account or any of your personal information held by us by sending an email to [email protected] . If you choose to deactivate your account, we will retain in our files some personal information you have requested to remove to prevent fraud, resolve disputes, troubleshoot problems, enforce our Terms of Use, respect your opt-out preferences, and comply with legal requirements as permitted by law.

Data Security

Your Mosio account information is password-protected for your privacy and security. Mosio safeguards the security of the data you send us with physical, electronic, and managerial procedures. In certain areas of our websites, Mosio uses industry-standard SSL-encryption to enhance the security of sensitive data transmissions. While we strive to protect your personal information, we cannot ensure the security of the information you transmit to us, and so we urge you to take every precaution to protect your personal data when you are on the Internet. Change your passwords often, use a combination of letters and numbers, and make sure you use a secure browser.

Children and Privacy

Our websites do not target and are not intended to attract children under the age of 13 (or 16 years in the EU). Mosio does not knowingly solicit personal information from children under the age of 13 or send them requests for personal information.

Third Party Sites

Mosio’s website contains links to other sites. Mosio does not share your personal information with those websites and is not responsible for their privacy practices. We encourage you to learn about the privacy policies of those companies.

Our website may contain links to websites operated by other companies. Some of these third-party sites may be co-branded with a Mosio logo, even though they are not operated or maintained by Mosio. Although we choose our business partners carefully, Mosio is not responsible for the privacy practices of web sites operated by third parties that are linked to our site. Once you have left our website, you should check the applicable privacy statement of the third party website to determine how they will handle any information they collect from you.

Clinical Research and Healthcare Clients: HIPAA and Participant Privacy
While the mobile text messaging channel is not technically HIPAA compliant, Mosio makes continuous efforts to maintain the privacy and data security of sensitive client and patient information, including:

Unique Users and Identification: Each user identity is assigned a unique name and/or number for identification, logging and tracking.

Authentication: Authentication is used via unique, password protected account login access through SSL encryption technology. Only dedicated support staff have access to client data, provided only to approved client administrators, as needed.

Encryption: The Mosio system has encryption and decryption mechanics to protect ePHI where applicable. SSL encryption technology, certified by Comodo Security’s PostiveSSL, protects all components of the Mosio dashboard accessible by account users.

Automatic Logging Out: The Mosio system will log out users after a short time of inactivity. While the system enables account users to choose “Remember Me” to stay logged in, it allows for remote locking out by our support staff should the need arise.

Transmission Security: Technical measures have been implemented from authentication, SSL encryption and selection of web hosting providers in the US and Canada to guard against unauthorized access to the network. Only Developers employed by Mosio have direct access to the Mosio platform code base and databases.

Multiple Organizations: ePHI is not accessible by Mosio partners or subcontractors unless otherwise authorized for the sole purpose of efficient communication transmissions.

Response and Reporting Procedures: The company maintains a step by step reporting procedure to identify, document, respond and prevent security incidents.

Contingency Plans: ePHI and other sensitive data have accessible backups, including procedures to recover data from Mosio’s hosting company.

Privacy and Security Officers: The company’s co-founders are our privacy and security officers.

Risk Management Evaluations: Privacy sensitivity training, activity logging, risk management procedures for code implementation, data and account management are reviewed once a year by Mosio’s chief officers to ensure maximum risk reduction.

Contact us for our detailed Privacy and Data Security Management statement and if you need assistance in responding to requests from IRBs or patient privacy officers at your organization, we’re happy to be of assistance.

Business Associate Agreements

Mosio is dedicated to ensuring private and secure software solutions with its clients, including Business Associate Agreements. If your organization requires a BAA, please email documents to hipaa((@))mosio.com and allow up to 7-10 business days for review and completion after the project/program agreements have been confirmed.
Changes to this Privacy Statement

Mosio will amend this privacy statement from time to time. If we make any substantial changes in the way we use your personal information we will make that information available by posting a notice on this site in this section or another.

Questions or Suggestions

If you have questions or concerns about our collection, use, or disclosure of your personal information, please email us at [email protected]

This document was updated January 14, 2014.

[av_hr class=’default’ height=’50’ shadow=’no-shadow’ position=’center’ av_uid=’av-38qp2x’]

 

Terms and Conditions of Service

THESE TERMS AND CONDITIONS OF SERVICE (“TERMS”) CONSTITUTE A CONTRACT BETWEEN YOU AND MOSIO AND GOVERN USE OF AND ACCESS TO THE SERVICE AND SITE BY YOU, AGENTS AND END USERS, WHETHER IN CONNECTION WITH A PAID SUBSCRIPTION TO THE SERVICE OR A FREE TRIAL OF THE SERVICE..

By accepting these Terms, or by accessing or using the Service or Site, or authorizing or permitting any Agent or End User to access or use the Service, You agree to be bound by these Terms.  These Terms apply to End Users, and by using the Service each End User agrees to be bound by these Terms and acknowledges that such End User is 13 years of age or older.  If You are entering into these Terms on behalf of a company, organization or another legal entity (an “Entity”), You are agreeing to these Terms for that Entity and representing to Mosio that You have the authority to bind such Entity and its affiliates to these Terms, in which case the terms “Subscriber,” “You,” “Your” or related capitalized terms herein shall refer to such Entity and its affiliates.  If You do not have such authority, or if You do not agree with these Terms, You must not accept these Terms and may not use the Service.

Definitions

When used in these Terms with the initial letters capitalized, in addition to terms defined elsewhere in these Terms, the following terms have the following meanings:

Account means all Mosio accounts or instances created by or on behalf of Subscriber or its Agents within the Service.

Agent or Account Login means an individual authorized to use the Service through Your Account as an agent and/or administrator as identified through a unique login.

End User means any person or entity other than Subscriber or Agents with whom Subscriber or its Agents interact using the Service.

Form means any Mosio generated service order form executed or approved by You with respect to Your subscription to the Service, which form may provide details under Your subscription to the Service and the Service Plan applicable to Your subscription to the Service.

Mosio means Mosio, Inc., a California Corporation or any of its successors or assignees.  In these Terms, Mosio may also be referred to through the use of “We” or “Our.”

Service means the Mosio service consisting of mobile request features, online and mobile messaging and information aggregation and delivery services that make available information, data, text, messages and other materials from Subscribers.  Any new or modified features added to or augmenting the Service or updates or enhancements to the Service are also subject to these Terms, and We reserve the right to deploy such features, updates or enhancements at any time.

Service Plan means the service plan and the functionality and services associated therewith (as detailed on the Site and/or in a Form) for which You subscribe with respect to each Agent.

Site means www.mosio.com and all other websites owned or operated by Mosio or its subsidiaries.

Subscription Term means the period during which You have agreed to subscribe to the Service with respect to any individual Agent.

Your Data means all electronic data, text, messages or other materials submitted to the Service by You, Agents and End Users in connection with Your use of the Service.

 

General Conditions

To Opt-in, text TRYMO to 66746. You will receive up to 4 msg/query.

Message and data rates may apply.
Text STOP to 66746 to opt out of the Service at any time.
Text HELP to 66746 for more information. 
For support, email [email protected]

 

During the Subscription Term and subject to compliance by You, Agents and End Users with these Terms, You have the limited right to access and use the Service consistent with the Service Plan You subscribe to for Your internal business purposes.  You agree not to license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit or make the Service available to any third party, other than authorized Agents and End Users in furtherance of Your internal business purposes as expressly permitted by these Terms or use the Service on behalf of any third party other than Agents or End Users.

 

You are responsible for compliance with the provisions of these Terms by Agents and End Users and for any and all activities that occur under Your Account, as well as for all Your Data.  Without limiting the foregoing, You are solely responsible for ensuring that use of the Service to store and transmit Your Data is compliant with all applicable laws and regulations.  You also maintain all responsibility for determining whether the Service or the information generated thereby is accurate or sufficient for Your purposes. Subject to any limitation on the number of individual Agents available under the Service Plan for which You subscribed, access to and use of the Service is restricted to the specified number of individual Agents permitted under Your subscription to the Service. You agree and acknowledge that each Agent will be identified by a unique username and password (“Login”) and that an Agent Login may only be used by one (1) individual.

 

All information, data, text, software, music, audio, photos, graphics, video, messages, tags, links or other materials transmitted using the Service (“Content”) are the sole responsibility of the Subscriber from whom such Content originated. As a Subscriber, You are responsible for the Content that You send, upload, post, transmit or otherwise make available using the Service via short message service (SMS) text message, medium message service (MMS), voice, live conversations, web-based chat, telephony, the Mosio website, the Internet or any other medium. Except for compliance requirements by the mobile carriers for foul language, Mosio does not control the Content posted via the Service and, as such, does not guarantee the quality or accuracy of such Content. Further, Mosio and any of its Subscribers have the right to use, edit, reproduce, distribute, display, or perform any Content You submit to the Service in any manner whatsoever. Under no circumstances will Mosio be liable in any way for any Content.

 

You agree that You will not use the Service to send, post, upload, transmit or otherwise make available any Content:

– That is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
– That is fraudulent, deceptive or illegal;
– That contains nudity, violence, profanity, or offensive subject matter or contains a link to a website containing the mentioned;
– That bullies, harasses, advocates or encourages harassment of another person;
– That You do not have legal rights to make available under any law or under contractual or fiduciary relationships;
– That infringes any trademark, copyright trade secret, non-disclosure agreement or proprietary rights of any party;
– That contains spam, non-permitted, unsolicited or unauthorized advertising, promotional materials, chain letters, pyramid schemes, gambling or any other form of solicitation;
– That promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, illegal drugs, privacy violations, threats, extortion, or creating and/or distributing software viruses; or
– That contains or links to software viruses, trojan horses, worms, DoS attacks, or any other computer code, files or programs designed to interrupt, limit or destroy the functionality of any computer, hardware or telecommunications equipment.

 

You agree that You will not use the Service to:
– Harm, scare or threaten anyone in any way;
– Impersonate any person or entity; or
– Falsely state or otherwise misrepresent Your affiliation with a person or entity;
– Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
– Interfere with, attempt to or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected with the Service;
– Violate applicable local, state, national or international laws, and any regulations or self-regulatory scheme having the force of law; or
– Provide support, information or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a terrorist organization pursuant to section 219 of the Immigration and Nationality Act.

 

Without limiting the foregoing: (1) Subscriber acknowledges that certain statutes and regulations, including without limitation the Telephone Consumer Protection Act of 1991 and the regulations promulgated thereunder (the “TCPA”), may govern Subscriber’s use of the Service; (2) Subscriber hereby represents, warrants and covenants that (i) Subscriber will obtain all required informed consent from each End User, including clear and conspicuous disclosure that each End User will receive Content, (ii) Subscriber does not require that End Users receive Content through the Service and (iii) each End User will affirmatively designate the number at which to receive the Content (which shall not be pre- populated by Subscriber in an online form); and (3) Subscriber will indemnify and hold Mosio and its affiliates harmless from and against any losses, costs, liabilities and expenses, including attorneys’ fees, arising out of Subscriber’s failure to properly obtain such informed consent from each End User or to otherwise comply with the TCPA.

 

End Users acknowledge, understand and agree that Mosio, its designees and Subscribers shall have the right in their sole discretion to moderate, filter, pre-screen, or refuse any Content that is available via the Service. We cannot guarantee that Content found in the Service will not include unintended or objectionable Content, and We assume no responsibility for the Content of any kind provided through the Service. You agree that You must examine, evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, truthfulness or usefulness of such Content. In this regard, Youacknowledge, understand and agree that You may not rely on any Content created by Mosio or submitted to Mosio for quality or accuracy.

 

By participating in a Mosio text chat, text to screen or alerts program, each End User agrees that such End User is the primary owner of the phone number used. End Users may unsubscribe from the Service at any time by texting STOP to 66746. For additional help, End Users can text HELP to 66746, [email protected] or call 877.667.4699. Although frequency varies by program, an End User should receive no more than 4-8 messages per month unless such End User is actively texting in (“inbound texting”) as part of the service. Mosio’s short code is 66746, supported by the following mobile carriers: Alltel, AT&T, Boost, Centennial Cellular, Cincinnati Bell, Cox Wireless, Cellular South, Centennial Wireless, Cricket Communications, Illinois Valley Cellular, Immix Wireless, Inland Cellular, MetroPCS, Nextel, Pioneer Cellular, Sprint, T-Mobile®, Unicel, U.S. Cellular, Virgin Mobile USA, and Verizon Wireless. The Service may not be compatible with all mobile devices. SMS connectivity provided through Tatango, Inc.  If an End User texted into or received a text message from one of Our virtual numbers, then such End User may unsubscribe at any time by texting STOP to that number.

You, Agents and End Users agree that Mosio, in its sole discretion, may establish general practices and limits concerning use of the Service. You, Agents and End Users agree that Mosio has no responsibility or liability for the deletion or failure to store any messages and other communications or other content maintained or transmitted by the Service. You, Agents and End Users acknowledge that Mosio reserves the right to terminate accounts that are inactive for an extended period of time, which shall be determined in Mosio’ sole discretion.

In addition to Our other rights set forth in these Terms, Mosio reserves the right, in Mosio’s reasonable discretion, to temporarily suspend Your access to and use of the Service: (a) during planned downtime for upgrades and maintenance to the Service (of which Mosio will use commercially reasonable efforts to notify You in advance both through a notice to Your Account owner and Agents) (“Planned Downtime”); (b) during any unavailability caused by circumstances beyond Our reasonable control, such as, but not limited to, Internet failures, computer equipment and software failures, hackers, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning; or (c) if We suspect or detect any malicious software connected to Your Account or use of the Service by You, Agents or End Users. We will use commercially reasonable efforts to schedule Planned Downtime for weekends (Pacific time zone) and other off-peak hours.

 

Use of Information

A Subscriber’s program may ask an End User to provide personally identifiable information to participate in that program. By providing that information such End User agrees that Mosio may store the information such End User provides and that the Subscriber may use the information for that program and for future programs hosted by that Subscriber. Mosio will not sell this personally identifiable information with other Subscriber or third parties. Mosio obtains information regarding each End User’s wireless services provider (“mobile carrier”) through the applicable mobile phone number.

Subscribers may ask End Users to submit information about themselves if they have specifically opted-in to receive communications from such Subscribers. If an End User chooses to submit information, then Subscribers may use this information and may share such information with third parties.
You acknowledge, understand and agree that Mosio may access, store and disclose Your Account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms; (c) respond to claims that any Content violates the rights or content of third parties; (d) respond to customer service requests; or (e) protect the rights, property or personal safety of Mosio, its users, Subscribers and the public.

Billing, Plan Modifications and Payments

Please note: message and data rates may apply to an End User’s use of the Service.

Unless otherwise indicated on a Form referencing these Terms, all charges associated with Your access to and use of the Service (“Subscription Charges”) are due in full upon commencement of Your Subscription Term. If You fail to pay Your Subscription Charges or charges for other services indicated on any Form referencing these Terms within five (5) business days of Our notice to You that payment is due or delinquent, or if You do not update payment information upon Our request, in addition to Our other remedies, We may suspend or terminate access to and use of the Service by You, Agents and End Users.

 

If You choose to upgrade Your Service Plan during Your Subscription Term (a “Subscription Upgrade”), any incremental Subscription Charges associated with such Subscription Upgrade will be prorated over the remaining period of Your then current Subscription Term, charged to Your Account and due and payable upon implementation of such Subscription Upgrade.  In any future Subscription Term, Your Subscription Charges will reflect any such Subscription Upgrades.

 

No refunds or credits for Subscription Charges or other fees or payments will be provided to You if You elect to downgrade Your Service Plan. Downgrading Your Service Plan may cause loss of content, features, or capacity of the Service as available to You under Your Account, and Mosio does not accept any liability for such loss.

 

Unless otherwise stated, Our charges do not include any taxes, levies, duties or similar governmental assessments, including value-added, sales, use or withholding taxes assessable by any local, state, provincial or foreign jurisdiction (collectively “Taxes”). You are responsible for paying Taxes except those assessable against Mosio based on its income. We will invoice You for such Taxes if We believe We have a legal obligation to do so and You agree to pay such Taxes if so invoiced.

 

If You pay by credit card, the Service provides an interface for the account owner to change credit card information (e.g. upon card renewal).  The Account owner will receive a receipt upon each receipt of payment by Mosio, or they may obtain a receipt from within the Service to track subscription status.  Mosio uses a third-party intermediary to manage credit card processing and this intermediary is not permitted to store, retain or use Your billing information except to process Your credit card information for Mosio.

Cancellation and Termination

Either You or Mosio may elect to terminate Your Account and subscription to the Service as of the end of Your then current Subscription Term by providing notice, in accordance with these Terms, on or prior to the date thirty (30) days preceding the end of such Subscription Term.  Unless Your Account and subscription to the Service is so terminated, Your subscription to the Service will renew for a Subscription Term equivalent in length to the then expiring Subscription Term.  Unless otherwise provided for in any Form, the Subscription Charges applicable to Your subscription to the Service for any such subsequent Subscription Term shall be Our standard Subscription Charges for the Service Plan to which You have subscribed as of the time such subsequent Subscription Term commences.

 

No refunds or credits for Subscription Charges or other fees or payments will be provided to You if You elect to terminate Your subscription to the Service or cancel Your Account prior to the end of Your then effective Subscription Term. No refunds or credits will be provided for design, custom development or training once delivered. Following the termination or cancellation of Your subscription to the Service and/or Account, We reserve the right to delete all Your Data in the normal course of operation. Your Data cannot be recovered once Your Account is cancelled.

 

If You terminate Your subscription to the Service or cancel Your Account prior to the end of Your then effective Subscription Term or We effect such termination or cancellation pursuant to the Terms, in addition to other amounts You may owe Mosio, You must immediately pay any then unpaid Subscription Charges associated with the remainder of such Subscription Term.  This amount will not be payable by You in the event You terminate Your subscription to the Service or cancel Your Account as a result of a material breach of these Terms by Mosio, provided that You provide advance notice of such breach to Mosio and afford Mosio not less than thirty (30) days to reasonably cure such breach.

 

Mosio reserves the right to modify, suspend or terminate the Service (or any part thereof), Your Account or Your and/or Agents’ or End Users’ rights to access and use the Service, and remove, disable and discard any of Your Data if We believe that You, Agents or End Users have violated these Terms.  This includes the removal or disablement of Your Data in accordance with Our copyright infringement notice and takedown policies described below. Unless legally prohibited from doing so, Mosio will use commercially reasonable efforts to contact You directly via email to notify You when taking any of the foregoing actions. Mosio shall not be liable to You, Agents, End Users or any other third party for any such modification, suspension or discontinuation of Your rights to access and use the Service. Any suspected fraudulent, abusive, or illegal activity by You, Agents or End Users may be referred to law enforcement authorities at Our sole discretion.

 

Intellectual Property

Each of us shall maintain all rights, title and interest in and to all our respective patents, inventions, copyrights, trademarks, domain names, trade secrets, know-how and any other intellectual property and/or proprietary rights (collectively, “Intellectual Property Rights”). The rights granted to You, Agents and End Users to use the Service under these Terms do not convey any additional rights in the Service, or in any Intellectual Property Rights associated therewith. Subject only to limited rights to access and use the Service as expressly herein, all rights, title and interest in and to the Service, including all related intellectual property rights, will remain with and belong exclusively to Mosio.  Mosio shall have a royalty-free, worldwide, transferable, sub-licensable, irrevocable and perpetual license to incorporate into the Service or otherwise use any suggestions, enhancement requests, recommendations or other feedback We receive from You, Agents or End Users (including without limitation any add-ons or modifications described in any Form).  “Mosio” and Mosio’s product and service names and logos used or displayed on the Service are trademarks of Mosio (collectively, “Marks”), and You may only use such Marks to identify You as a Subscriber; provided You do not attempt, now or in the future, to claim any rights in the Marks, degrade the distinctiveness of the Marks, or use the Marks to disparage or misrepresent Mosio, its services or products.
Mosio respects copyright law and We expect You, Agents and End Users to do the same. Unauthorized copying, distribution, modification, display, or public performance of copyrighted works that is not considered fair use is an infringement of the copyright holder rights. As a condition of access to the Service by You, Agents and End Users, You agree that You, Agents and End Users will not use the Service to infringe the intellectual property rights of other people or entities in any way. Mosio reserves the right to terminate the account or usage of You, Agents or End Users upon any single infringement of the rights of others in conjunction with use of the Service or for any other reason or no reason in Mosio’ sole discretion.

In accordance with the Digital Millennium Copyright Act of 1998 (the text of which may be found on the U.S. Copyright Office website at www.copyright.gov), Mosio will respond expeditiously to claims of copyright infringement committed using the Service that are reported to Mosio. If you are a copyright owner, or authorized to act on behalf of an owner of the copyright or of any exclusive right under the copyright, please report your notice of infringement by sending an email to the Development Team at support((at))mosio.com.

Warranties Disclaimer
THE SERVICE AND ALL CONTENT, MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN IT ARE PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER. MOSIO, SUBSCRIBER AND MOSIO’S LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. MOSIO AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SERVICE. MOSIO, SUBSCRIBER AND MOSIO’S LICENSORS DISCLAIM ANY WARRANTIES FOR ANY INFORMATION, DATA OR ADVICE OBTAINED THROUGH THE SERVICE. MOSIO AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE SERVICE, AS WELL AS FOR ANY INFORMATION, DATA OR ADVICE RECEIVED THROUGH ANY SUCH GOOD OR SERVICE, INCLUDING LINKS TO SAID INFORMATION, DATA OR ADVICE.

If an End User uses the Service to purchase or otherwise engage in direct transactions with Subscriber, then all such transactions shall be governed by the terms and conditions entered into with Subscriber. Under no circumstances shall Mosio have any responsibility or liability therefor. If an End User believes that Subscriber is in violation of any consumer protection laws or regulations, including but not limited to the standards set forth by the CTIA Wireless Association, Mobile Marketing Association (MMA), such as the MMA Code of Conduct or the MMA Consumer Best Practice Guidelines, then such End User shall immediately report any such suspected violations to Mosio.

END USER UNDERSTANDS AND AGREES THAT IF END USER CLICKS ON, DOWNLOADS OR OTHERWISE OBTAINS MATERIAL, DATA OR CONTENT THROUGH THE USE OF THE SERVICE, THEN END USER DOES SO AT END USER’S OWN DISCRETION AND RISK AND THAT END USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO END USER’S COMPUTER SYSTEM, COMPUTING DEVICE, AND/OR MOBILE PHONE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.

Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL MOSIO, ITS SUBSCRIBERS OR ITS LICENSORS BE LIABLE TO ANY USER OF THAT USER’S USE OR MISUSE OF OR RELIANCE ON THE SERVICE. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, PURPOSEFUL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE OR OTHERWISE, (EVEN IF MOSIO OR ITS SUBSCRIBERS AND LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SERVICE, FROM INABILITY TO USE THE SERVICE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SERVICE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SERVICE. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, DAMAGES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE SERVICE OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE SERVICE. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.

Additional Limitations of Liability
Without limiting the foregoing, under no circumstances shall Mosio, Subscriber or Mosio’s licensors be held liable for any delay, outage or failure in performance resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment and software failures, hackers, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.

Updates and Changes to Our Terms and Conditions
We may modify or terminate Our services from time to time, for any reason, and without notice, including the right to terminate with or without notice, without liability to You, Agents, End Users or any third party. We reserve the right to modify these Terms from time to time without notice. Please review these Terms from time to time so that You will be apprised of any changes.  Your continued use of the Service following the effective date of any such modification may be relied upon by Mosio as Your consent to any such modification.  Mosio’s failure to enforce at any time any provision of these Terms does not constitute a waiver of that provision or of any other provision of the Terms.

Governing Law
These Terms will be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflict of laws provisions or Youractual state or country of residence. You hereby expressly agree to submit to the exclusive personal jurisdiction of the federal and state courts of the State of California, San Francisco County, for the purpose of resolving any dispute relating to the Terms or access to or use of the Service by You, Agents or End Users.  If for any reason a court of competent jurisdiction finds any provision or portion of the Terms to be unenforceable, the remainder of the Terms will continue in full force and effect.

Privacy Policy
The Mosio Privacy Policy is found at www.mosio.com/privacy. You, Agents and End Users acknowledge that they have read, understand and agree to be bound by Mosio’s Privacy Policy.

Export Compliance and Use Restrictions

The Service may be subject to U.S. export control and economic sanctions laws. You agree to comply with all such laws and regulations as they relate to access to and use of the Service by You, Agents and End Users. You shall not access or use the Service if You are located in any jurisdiction in which the provision of the Service is prohibited under U.S. or other applicable laws or regulations (a “Prohibited Jurisdiction”) and You shall not provide access to the Service to any government, entity or individual located in any Prohibited Jurisdiction.  You represent, warrant and covenant that (i) You are not named on any U.S. government list of persons or entities prohibited from receiving U.S. exports, or transacting with any U.S. person, (ii) You are not a national of, or a company registered in, any Prohibited Jurisdiction, (iii) You shall not permit Agents or End Users to access or use the Service in violation of any U.S. or other applicable export embargoes, prohibitions or restrictions, and (iv) You shall comply with all applicable laws regarding the transmission of technical data exported from the United States and the country in which You, Agents and End Users are located.

 

Notice

All notices to be provided by Mosio to You under these Terms may be delivered in writing (i) by nationally recognized overnight delivery service (“Courier”) or US mail to the contact mailing address provided by You on any Form; or (ii) electronic mail to support((at))mosio.com. You must give notice to us in writing by Courier or US Mail to the following address:  Mosio, Inc., 582 Market Street, Suite 1700, San Francisco, CA 94104 USA.  All notices shall be deemed to have been givenimmediately upon delivery by electronic mail, or if otherwise delivered upon receipt or, if earlier, two (2) business days after being deposited in the mail or with a Courier as permitted above.

 

Federal Government End Use Provisions

If You are a U.S. federal government department or agency or contracting on behalf of such department or agency, the Service is a “Commercial Item” as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as those terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, this Service is licensed toYou with only those rights as provided under the terms and conditions of these Terms.

 

Entire Agreement
These Terms, together with any Form(s),constitute the entire agreement between the parties with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of these Terms will be effective only if in writing and signed by Mosio.

 

Last Updated: May 26, 2018