MobySecurity ("MobySecurity," "we," "us," or "our") provides a software application (the "Software") that detects spyware and prevents risky wi-fi networks before you can notice a problem.
By using our Software, you agree to be bound by the following terms and conditions (the "Terms of Service" or "TOS"). If you do not agree to these TOS, you may not use the Software.
Subject to these TOS, MobySecurity grants you a limited, non-exclusive, non-transferable license to download, install and use the Software on your personal device(s) per these TOS and the instructions provided by MobySecurity.
You shall not nor allow any third party to (i) reproduce, modify, create derivative works from, distribute, sell, resell, lease, sublicense, or otherwise commercially exploit the Software or any portion thereof, (ii) decompile, disassemble, or reverse engineer the Software, in whole or in part,
(iii) write or develop any derivative software, make an attempt to derive the source code of, modify, or create derivative works of the Software, any updates, or any part or any other software program based upon the Software, (iv) provide, disclose, divulge or make available to, or permit the use of the Software by any third party without MobySecurity's prior written consent, or (v) copy the Software.
Any attempt to do so is considered a violation of these TOS and the rights of MobySecurity. You may be subject to legal action and damages if you breach this restriction.
MobySecurity may provide upgrades, modifications, updates, or additions (the "Updates") to the Software anytime. These TOS shall apply to any such Updates unless such Update is accompanied by a separate license, in which case the license terms will be used.
You may be able to submit content, including but not limited to comments, feedback, or suggestions (collectively, "User Content"), to MobySecurity through the Software or on our website.
You understand that by submitting any User Content, you grant MobySecurity a worldwide, non-exclusive, fully-paid and royalty-free, sublicensable and transferable license to use, modify, reproduce, distribute, display, and disclose such User Content in any manner, including in connection with the Software, our website, and any other MobySecurity products or services.
You represent and warrant that you have all the rights, power, and authority necessary to grant the rights granted herein to any User Content submitted by you.
You agree to use the Software only for lawful purposes and in accordance with these TOS. You shall not use the Software in any manner that could damage, disable, overburden, or impair the Software or interfere with any other party's use and enjoyment of the Software.
You shall not use the Software to upload, post, transmit, or otherwise make available any content that is illegal, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable.
You shall not use the Software to upload, post, transmit, or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships.
You shall not use the Software to upload, post, transmit, or otherwise make available any content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party.
You shall not use the Software to upload, post, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.
You shall not use the Software to upload, post, transmit, or otherwise make available any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.
You shall not use the Software to stalk or harass another.
You shall not use the Software to impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity.
You shall not use the Software to forge headers or otherwise manipulate identifiers to disguise the origin of any content transmitted through the Software.
You shall not use the Software to interfere with or disrupt the Software or servers or networks connected to the Software or disobey any requirements, procedures, policies, or regulations of networks connected to the Software.
You shall not use the Software to collect or store personal data about other users without their express permission.
MobySecurity reserves the right, but not the obligation, to monitor the use of the Software to determine compliance with these TOS and any operating rules established by MobySecurity and to satisfy any law, regulation, or authorized government request.
MobySecurity provides the Software "as is" and does not offer any warranties, whether express or implied, including but not limited to warranties of merchantability and fitness for a particular purpose. MobySecurity does not guarantee that the Software will meet your requirements or that the operation of the Software will be uninterrupted or error-free.
MobySecurity shall not be held liable for any direct, indirect, incidental, special, or consequential damages arising from or in connection with the use or inability to use the Software, or for any damages whatsoever, including but not limited to loss of profits, loss of business, or any other economic damages, whether or not MobySecurity has been advised of the possibility of such damages.
You agree to indemnify and hold harmless MobySecurity, its officers, directors, employees, agents, licensors, and suppliers from and against any claims, actions, or demands, liabilities and settlements, including but not limited to reasonable legal and accounting fees, resulting from or alleged to result from, your violation of these TOS.
MobySecurity reserves the right to change the terms and conditions of these TOS at any time, and you are responsible for regularly reviewing these TOS. Your continued use of the Software following any changes to these TOS constitutes your acceptance of such changes.
MobySecurity may terminate these TOS and your use of the Software at any time and without notice, if you breach any provision of these TOS.
These TOS shall be governed by and construed in accordance with the laws of the jurisdiction in which you reside without giving effect to any principles of conflicts of law.
MobySecurity provides support for the Software through email and phone. Support is provided during regular business hours. If you have any issues with the Software, please contact us at firstname.lastname@example.org, and we will do our best to assist you.
MobySecurity warrants that the Software will perform in accordance with the accompanying documentation for a period of 90 days from the date of receipt.
Any implied warranties on the Software are limited to 90 days. MobySecurity does not warrant that the functions contained in the Software will meet your requirements or that the operation of the Software will be uninterrupted or error-free.
The limited warranty set forth above is exclusive, and no other written or oral warranty is expressed or implied. MobySecurity disclaims the implied merchantability and fitness warranties for a particular purpose.
MobySecurity does not warrant that the functions contained in the Software will meet your requirements or that the operation of the Software will be uninterrupted or error-free.
MobySecurity shall not be liable for any direct, indirect, incidental, special, or consequential damages arising out of or in connection with the use or inability to use the Software, even if MobySecurity has been advised of the possibility of such damages.
Some states and jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.
In such states and jurisdictions, the liability of MobySecurity shall be limited to the greatest extent permitted by law.
These TOS constitute the entire agreement between you and MobySecurity vis-à-vis the use of the Software and supersede all prior agreements or understandings, whether oral or written.
If you have any questions or comments about these TOS, please contact us at email@example.com.
Thank you for using MobySecurity.
By using the Software, you are agreeing to the terms outlined in this Terms of Service.