Maven Lab Engage Pte Ltd ("MLB") provides a software application called Moobicast that allows businesses to send bulk SMS through a platform. Our solution is designed to give businesses a simple, affordable and hassle-free way to connect with their customers.
Please read this Agreement carefully before accessing or using Moobicast. By accessing or using any part of the Moobicast application or the Moobicast web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access Moobicast or use any services. If these terms and conditions are considered an offer by MLB, acceptance is expressly limited to these terms.
MLB reserves the right to, at any time and without notice, make changes and corrections, alter or withdraw any part of the application, its services and its contents.
MLB reserves the right to change its Fees at any time, upon notice to you if such change may affect your existing subscriptions.
All material underlying the Moobicast application belongs to MLB or its licensors. MLB or its licensors own all intellectual property rights, and nothing in this Agreement shall be taken to confer any intellectual property rights, except as expressly stated.
MLB reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to Moobicast following the posting of any changes to this Agreement constitutes acceptance of those changes. MLB may also, in the future, offer new services and/or features through Moobicast (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
MLB may immediately terminate your access to all or any part of Moobicast at any time, with or without cause, by giving you written notice. If you wish to terminate this Agreement or your Moobicast account (if you have one), you may simply discontinue using Moobicast. Notwithstanding the foregoing, if you are using Paid Plan, such an account can only be terminated by MLB if you materially breach this Agreement and fail to cure such breach within thirty (30) days from MLB notice to you thereof; provided that, MLB can terminate Moobicast immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Moobicast is provided "as is". MLB and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither MLB nor its suppliers and licensors, makes any warranty that Moobicast will be error free or that access thereto will be continuous or uninterrupted. You understand that you download, or otherwise obtain services through Moobicast at your own discretion and risk.
In no event will MLB, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to MLB under this agreement during the twelve (12) month period prior to the cause of action. MLB shall have no liability for any failure or delay due to matters beyond their reasonable control, including network failures, data or information leakage, failure or stoppage of the site for any reason, including without limitation virus contamination, deliberate damage by hackers, failure of hardware software or systems, power failure, failure of telecommunications lines or any criminal activity of a third party. The foregoing shall apply to the extent permissible by applicable law.
MLB will not be held accountable for SMS messages sent to an incorrect mobile number/customers. It is the responsibility of the User to ensure the accuracy of mobile numbers/customers and messages use on the Moobicast application. MLB and its Provider makes no guarantees as to the continuous availability of the service or any specific feature(s) of the service. Messages shall be deemed to have been delivered when Moobicast has delivered/sent the messages to the immediate destination that the Provider's software is programmed to do, including SMTP servers, mobile telephone networks, or any other intermediary server or API that is deemed to be the point of dispatch of the message. MLB and its Provider does not guarantee delivery on behalf of Mobile telephone networks or mail servers.
MLB reserves the right to change the price of Moobicast at any time. Should there be a cost increase AFTER the user has purchased credits from Moobicast, MLB will honour all pre-purchased amount without altering the credits of the purchased amount. Any user on a Post-Paid account will be given 30 days' notice before any price change comes into effect.
Users shall ensure that all messages, advertising, information, and content produced or generated by a User for transmission or delivery by means of the Services shall comply with all laws and any relevant code of conduct to which MLB itself subscribes and is bound in all territories where messages are sent by, or received from, the User, including but not limited to the following laws and codes of conduct in the specific territories listed below:
You represent and warrant that (i) your use of Moobicast will be in strict accordance with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the country in which you reside), (ii) your use of Moobicast will not infringe or misappropriate the intellectual property rights or any other rights of any third party, (iii) all personal information provided by you to us is true and up to date, and you will update your details from time to time.
You agree to indemnify and hold MLB, its contractors, and its licensors, and the respective directors, officers, employees and agents harmless from and against any and all claims and expenses, including attorneys' fees, arising out of your use of Moobicast, including but not limited to your violation of this Agreement or breach of any of your above representation or warranty.
This Agreement constitutes the entire agreement between MLB and you concerning the subject matter hereof, and they may only be modified by MLB. Except to the extent applicable law, this Agreement and any access to or use of Moobicast will be governed by the laws of Singapore, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the courts in Singapore. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. No failure on the part of MLB to exercise and no delay on the part of MLB in exercising any right hereunder will operate as a release or waiver thereof, nor will any single or partial exercise of any right under this Agreement preclude any other or further exercise of it or any other right or remedy. MLB may assign its rights under this Agreement without condition. You may not assign your rights or obligations to a third party. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns. A person who is not party to this Agreement has no right under this Agreement.
If you have any questions or concerns regarding this Agreement, please contact us at firstname.lastname@example.org