Complete Mobile Marketing Solution
1. Terms and Conditions
By using the Complete Mobile Marketing Solution ("Service"), you are agreeing to be bound by the following terms and conditions ("Terms of Service"). The MyApp Dashboard and Maintenance Fee Agreement covers the following:
Tech Support (via phone, email, and skype -if overseas)
24/7 back office access to update your App
Hosting of the App
Software updates and upgrades
Unlimited PUSH notifications
Mobile Torque 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.
Violation of any of the terms below will result in the termination of your Account. While Mobile Torque prohibits such conduct and Content on the Service, you understand and agree that Mobile Torque cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.
2. Account Terms
This license shall automatically terminate if you violate any of these restrictions and may be terminated by MOBILE TORQUE at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
You must be 18 years or older to use this Service
You must be a human. Accounts registered by "bots" or other automated methods are not permitted.
You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
You are responsible for maintaining the security of your account and password. Mobile Torque cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have access to your account).
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 laws).
3. Payments and Refund Terms
A valid credit card is required.
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.
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.
Mobile Torque 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.
4. Cancellation and Termination
You are solely responsible for properly canceling your account. Account cancellation requests must be submitted in writing to support@mobiletorque.biz. Cancellations by phone or sent to any other email address will not be considered valid. You may call (801) 872-7980 to verify that your email request to cancel has been received.
All of your Content will be deleted from the Service upon cancellation. This information cannot be recovered once your account is cancelled. So it is up to you to make copies of any content, images, or text that are in your app, prior to canceling with us.
If you cancel the Service before the end of your current billing cycle, your cancellation will take effect immediately and you will not be charged again.
Mobile Torque, 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 Mobile Torque 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. In the event of non payment for your monthly fee due to declined or expired credit card, while we will make every effort to contact you for alternative payment arrangements, it is your responsibility to ensure we always have a valid card on file. In the event we are unable to obtain this from you, your App is subject to cancellation and removal from the APP stores once it becomes 30 days past due.
5. 100% Satisfaction Guarantee Terms
If for whatever reason you are unsatisfied with your mobile application within the first month of service, Mobile Torque guarantees to refund the first month of service with no questions asked. Mobile Torque is backed by a 100% satisfaction guarantee.
This guarantee does not apply to months after a full month of service has passed and only applies to the initial month of service with Mobile Torque.
6. Modifications to the Service and Prices
Mobile Torque 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.
Mobile Torque shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service. Any price change will have 30 days notice to you in advance of the new price taking affect.
From time to time, Mobile Torque may issue an update to the App platform which may add, modify, and/or remove features from the application. These updates may be pushed out automatically with little or no notice, although Mobile Torque will do everything in its power to notify you in advance of an upcoming update, including details on what the update includes.
7. Copyright and Content Ownership
We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours. However, by using the Mobile Torque platform to create your mobile application, you agree to allow others to view and share your Content.
Mobile Torque does not pre-screen Content, but Mobile Torque 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.
The look and feel of the Service is copyrighted to Mobile Torque and it's affiliates. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without express written permission from Mobile Torque.
8. General Conditions
Your use of the Service is at your sole risk. The service is provided on an "as is" and "as available" basis. Technical support is available via email at support@mobiletorque.biz or by telephone at (801) 872-7980.
You authorize Mobile Torque 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
You understand that Mobile Torque uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
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 Mobile Torque service.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Mobile Torque.
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.
Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Mobile Torque customer, employee, member, or officer will result in immediate account termination.
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.
You must not upload, post, host, or transmit unsolicited email, SMSs, or "spam" messages.
You must not transmit any worms or viruses or any code of a destructive nature. Mobile Torque 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.
You expressly understand and agree that Mobile Torque 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 Mobile Torque 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.
The failure of Mobile Torque 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 Mobile Torque and govern your use of the Service, superseding any prior agreements between you and Mobile Torque (including, but not limited to, any prior versions of the Terms of Service).
In no event shall Mobile Torque liability to you exceed the amount actually paid to Mobile Torque by you during the preceding 12 months.
9. Fees
MyApp Dashboard and Maintenance Fee is $59.95 per month. This fee applies whether your app is live in either the Apple App Store and/or Android App store (GooglePlay).
Maintenance fee covers all items below:
Tech support (email,phone,webex,skype)
24/7 back office access to update the app
Hosting of the app
Software updates
Unlimited PUSH Notifications
Charges are billed monthly on anniversary date until cancelled.
The MyApp Dashboard and Maintenance Fee is billed in arrears, so your first billing will be 30 days after your app goes live in the App Store (i-Tunes or Android).
Our 100% satisfaction guarantee provides that if you are not happy with your App and wish to cancel it, any time prior to the first 30 days, we will not charge you for any portion of that first 30 days MyApp Dashboard and Maintenance Fee.
Certification and Authorization
You will be asked to certify the following:
I certify that I am the authorized holder and signer of the credit card referenced above.
I certify that all information above is complete and accurate.
I hereby authorize collection of payment for all charges as indicated above. Charges may not exceed the amount listed above in the FEES section. I understand this is only for up to this amount during the time period of referenced above. If additional charges are going to be authorized a new form will have to be completed.