1. AGREEMENT TO TERMS AND CONDITIONS

Mobalize Ltd (Mobalize hereafter) owns and offers websites, services and software enabling planning and maintaining appointments (to be called Services hereafter). By registering for Mobalize you agree to be bound by the terms and conditions in this agreement.

Mobalize has the right to modify this agreement by adding, removing or changing terms and conditions. Mobalize will communicate any changes by email to customer accounts or by posting the changes on the Mobalize website. If the customer agrees to the new terms of agreement the agreement is effective immediately. If the customer does not agree to the new terms the customer has the right to terminate the agreement within 14 days after the changes have been sent by email to customer accounts or have been posted on the Mobalize website. If the customer uses Mobalize after this period of 14 days the customer accepts the new terms and conditions.

Addres

Van Ostadestraat 238
1073TV
Amsterdam
The Netherlands


2. SCOPE OF THIS AGREEMENT

This agreement applies to the use of the Mobalize Services, including but not limited to, the process through which appointments are scheduled and maintained. You agree that these terms and conditions apply to the use of Mobalize Services.


3. CHANGES IN SERVICES

Mobalize may without any prior notice to customers change, remove or add features to the Mobalize Services.


4. REGISTRATION

To access the Mobalize Services you need to register. If you register in name of a company you indicate you are authorized to represent and register the concerned company.

All information you give during registration, onboarding and usage of Mobalize Services must be correct and complete. If this is not the case this is a violation of these terms. You are responsible for securely maintaining your account password. You are also responsible for any actions from your account even if these actions were not known by you or were not authorized by you.

By registering you agree to use the Mobalize Services only for the purpose as advertised on the Mobalize website or any other marketing material published by Mobalize and you have a legal business need to use the Mobalize Services to generate and process online appointments of your clients.


5. PAYMENTS AND CONDITIONS

You agree to pay the subscription fee against the conditions as indicated on the Mobalize website or any other fee as agreed in a separate agreement. Subscription fees paid are non refundable. Mobalize has the right to change subscription fees and payment conditions at any time. Mobalize will communicate any changes by email to customer accounts or by posting the changes on the Mobalize website. If the customer agrees to the new fees and conditions then these are effective immediately. If the customer does not agree to the new fees and conditions then the customer has the right to terminate the agreement within 14 days after the changes have been sent by email to customer accounts or have been posted on the Mobalize website. If the customer uses Mobalize Services after this period of 14 days the customer accepts the new fees and conditions.


6. PAYMENT AND INVOICING

Mobalize invoices all subscription fees on a monthly basis, one month in advance, unless otherwise agreed in a separate agreement.

All amounts on the invoice sent by Mobalize are deemed to be undisputed unless a claim has been made based on article 8 of this agreement.


7. FAILURE TO PAY MONTHLY FEES

If for any reason you fail to pay the subscription amount payable to Mobalize, Mobalize has the right to immediately cancel your Mobalize account and your access to the Mobalize Services.


8. PAYMENT DISPUTE

If you dispute an amount invoiced by Mobalize you agree to inform us within seven (7) days after the invoice date of the concerned invoice.

You are responsible to check all invoices sent by Mobalize. U can dispute an invoice by contacting us through our website. We commit to do our very best to find a timely solution regarding the disputed invoice.


9. COMMUNICATION

Mobalize has the right to contact you to request feedback on the Mobalize app, Mobalize services and support. Mobalize has the right to contact you via email, phone or text and app messages.


10. INTELLECTUAL PROPERTY

We grant you a license to use the Mobalize Services in accordance with this agreement. You agree to not copy, change or rent out Mobalize Services. Further you agree to not download or replicate the Mobalize Services. Mobalize further reserves all rights regarding the Mobalize Services which are not specifically mentioned in this agreement.

We reserve, without limitation, all copyright, patents and trademarks regarding Mobalize and the Mobalize Services (in total forming the Mobalize Intellectual Property). These are the exclusive property of Mobalize and/or her license partners. Mobalize does not grant any right to the Mobalize Intellectual Property to you.

Mobalize Intellectual Property cannot be used, copied, reproduced, distributed, sent, shown, sold or otherwise exploited without prior consent by Mobalize.


11. CONFIDENTIAL INFORMATION

Confidential information is spoken, written, graphical or machine readable information which has been designated by Mobalize as confidential or otherwise can be deemed confidential. Confidential information includes, but is not restricted to, any information in regards to the features and working of Mobalize.

You agree to not make public or use confidential information without prior consent from Mobalize.


12. CUSTOMER GUARANTEES

It is your responsibility to use the Mobalize Services effectively. By using the Mobalize Services you guarantee to only use the Mobalize Services as advertised on the Mobalize website or in other published material. You also guarantee you have a legitimate business need to use the Mobalize Services to process appointments. You guarantee the supplied contact information like email addresses and phone numbers are valid and active contact information for your company. Any violation of this paragraph will be reason to terminate your account.


13. CUSTOMER RESPONSIBILITIES

You are responsible all appointments made with the Mobalize Services can be fulfilled and for communicating any changes directly to your customers. You are responsible for maintaining all scheduling data, including opening hours, employee data and products and services.

You are also responsible for all equipment needed to run the Mobalize Services.


14. USE OF THE MOBALIZE SERVICES

You agree to not use the Mobalize Services in a way that is illegal or harmful for the Mobalize Services and/or Mobalize. Among other things you agree that you will not or will not allow others::

  • Use the Mobalize Services through unauthorized interfaces or protocols;
  • To send information which violates third party rights, laws, is insulting, pornographic in nature, violent, racist, discriminating, defamatory or in any other way can be deemed reprehensible;
  • To remove or change Mobalize Intellectual Property or to breach the integrity of the Mobalize Services or it’s security or to decode any transmission to or from the Mobalize servers;
  • To take any action which will lead to an unreasonable burden on the Mobalize infrastructure;
  • To upload invalid data, viruses or any other form of malicious software;
  • To use automation, including spiders, robots and crawlers to download from the Mobalize Services, unless specifically allowed by Mobalize;
  • To use the Mobalize Services in any way that will disrupt or prevent normal use;

15. GDPR: PROCESSING OF PERSONAL INFORMATION

In accordance with the GDPR guidelines Mobalize has added a data processor agreement to these terms and conditions. The agreement consists of article 15, this article.

In accordance with the GDPR law Mobalize is a data processor of personal information entered in the Mobalize Services. As a customer of Mobalize you are a data controller. Through this agreement you authorize Mobalize to process personal information. You yourself determine the purpose of the data processing.

You, as a data controller, guarantee that you are in compliance with the GDPR law, for instance by keeping a register. You safeguard Mobalize from any liability in case you are not in compliance with the GDPR law.

You give Mobalize permission to work with third parties to process information. Mobalize uses Leaseweb data centers to process and store information.

Mobalize has security procedures to protect personal information. Mobalize performs additional checks periodically to guarantee the safety of the Mobalize Services. Access to the databases is restricted to essential cases.

Mobalize will do what is in its power to inform you of any data breaches that have affected you within 72 hours after ascertaining the breach.

After termination of your subscription and this agreement Mobalize can on request remove personal information as soon as is possible, allowed by law and does not affect Mobalize ongoing business.

Last updated: 19th of March 2019