These Terms of use which also include the Privacy Policy set out the terms and conditions for your use of Services offered by TreeDev Software Solution S.R.L. (“TreeDev”, “us”, “we” or “our”). By using any of the Services, you acknowledge that you have read and understood these Terms, and that you have agreed to these Terms on behalf of any person or entity for whom you are using the Services.
The name ‘MobiRest’ is used to collectively reference MobiRest and MobiRest Business related services, products, applications and websites.
If you do not agree to any of these Terms, then you should not use the Services. All rights not expressly granted in these Terms are reserved by TreeDev.
We may change these Terms from time to time by posting updates to the Website. You are advised to check the Terms from time to time for any updates or changes that may impact you and if you do not accept such amendments, you must cease using the Services.
These Terms of Use were updated on 12 July 2023.
To help you read and understand these Terms, we’ve set out definitions of some key terms below:
„Customer” means the person or entity who registers to use the Service by creating a MobiRest account. If you are creating an account or using the Services on behalf of a business, you agree that you are accepting these Terms and have the authority to enter into these Terms, on behalf of the business, which will be deemed to be the Customer, and will be bound by these Terms.
„Authorised User” means any person or entity that a Customer authorises to use the Service on its behalf. This includes employees and personnel of the Customer who are authorised to use the Services on the Customer’s behalf, but also includes support partners and other third parties with whom a Customer shares its MobiRest account details (and for whose conduct the Customer is responsible).
“Personal Data” means any Data relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person), such as your first and last name, identity number, e-mail address, address and province, telephone number, education details and training records, employment data, financial and / or banking data, as well as other data related to demographics, other (online) contact data and possibly health related data, etc.
“Sensitive Data” means any data revealing a person’s racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetics, biometrics, health data, data about sex life or sexual orientation, or data about criminal convictions and offences.
„Services” means MobiRest products and services, and any features, technologies or functionality provided by those products or services, offered by us from time to time, including but not limited to the MobiRest and MobiRest Business applications („Apps”) and mobirest.business and mobirestapp.com websites („Websites”). Your use of the Services will also be subject to any allowances and/or limits that apply to the MobiRest plan which you’ve purchased.
„Content” – text, graphics, audio and video materials, documentation, information posted in Apps or Websites, perceivable by a person or with the help of special devices.
„You” means the Customer and (where the context permits) includes any Authorised Users.
To lawfully use our Services, you must be at least at the age your country of residence defines as the least age to offer information society services.
You agree to provide true, accurate, current, and complete account information, and to maintain and promptly update your account information to ensure that it remains true, accurate, current, and complete. We will use that information to contact you from time to time, so it is important that you keep all of your contact details, and those of your Authorised Users, up to date.
TreeDev grants you a limited, non-exclusive, non-transferable, revocable licence to use the Services for the purposes of the Customer’s business and in accordance with these Terms.
Your registered account can be used across all MobiRest applications, services and websites.
You are responsible for any conduct or activity undertaken in your account, including any changes made, and the input or modification of or access to any data or information in your account, by any of your Authorised Users. You control each Authorised User’s level of access to the Services at all times and can revoke or change an Authorised User’s access, or level of access, at any time and for any reason, in which case that person or entity will cease to be an Authorised User or shall have that different level of access, as the case may be.
If:
(a) you are an Authorised User using or accessing the Services for the benefit of a Customer, then you are responsible for ensuring you have the right to do so from the relevant Customer (including all necessary authorisations to access, amend or remove data, or make changes to the Customer’s account); or
(b) you are a Customer, then you are responsible for authorising use or access of the Services by any Authorised User and will indemnify TreeDev against any claims or loss relating to any Authorised User’s use of or access to your account.
You acknowledge and agree that, if there is any dispute between a Customer and an Authorised User regarding access to Services, the Customer shall decide what access or level of access to the relevant Data or Services that Authorized User shall have, if any. We will have no responsibility to anyone other than the Customer, and the Services and these Terms are intended solely for the benefit of the Customer and not for any Authorised User(s).
Upon your explicit request we will provide you all the data related to your account.
We can cancel or suspend your account at any time on written notice to you. Such termination will be effective at the end of your then-current paid-up subscription period. We may also cancel or suspend your account immediately if, in our sole discretion:
You are entitled to delete your account with TreeDev at any time. If you delete your account before the end of your current paid up month, your cancellation will take effect immediately and you will not be entitled to any refund of Fees paid in advance (unless we agree otherwise).
If your account is deleted, your account will be deactivated and all of your rights granted under these Terms will immediately come to an end (except to the extent that it is necessary for them to continue in respect of our ongoing storage of your data up to the date of permanent deletion). We are not liable for any loss or damage following, or as a result of, deletion of your account, and it is your responsibility to ensure that any content or data which you require is exported, backed-up or replicated before deletion.
The fees charged for use of the Services are set out on the Website (or as notified to you in the case of some exclusive plans) („Fees”) and are subject to change. We can change the Fees, and/or introduce new pricing packages and terms, at any time by giving you 14 days’ prior notice. The new Fees or pricing/package terms will apply to you from expiry of that notice, unless you choose to cancel your subscription before the changes take effect. Also, the new Fees will apply to you immediately if you choose to change your plan/package (or if you reactivate your plan after cancellation). Fees are charged in advance on a monthly basis and are non-refundable, including if you only use part of a month’s subscription for the Services. Unless required by law, we will not provide refunds in connection with the Services. A valid credit card number is required for paying all Fees.
If you are carrying out a free trial of the Services, the free trial will begin on the day that you subscribe and end on the published end date of the trial period. If you cancel your subscription before the end of the free trial period, you will voluntarily forfeit the remaining time of the free period. Please note that the unused portion of the free trial period cannot be carried forward or applied to any subsequent subscriptions. If you wish to continue to use the Services at the end of the free trial period, you will need to provide valid credit card details. All Fees are exclusive of all taxes and you are responsible for any taxes that may arise. You indemnify and hold TreeDev harmless against any claims by any tax authority for any underpayment of any sales, use, goods and services, value added or other tax or levy, and any penalties and/or interest. If you are required to withhold or deduct tax from the Fees, you will pay TreeDev such additional amounts as are necessary to ensure receipt of the full amount which would have been received but for the deduction.
By subscribing you agree and authorize us to automatically charge the payment method provided at the start of each billing period until you cancel the subscription.
Payment of your Fees could incur additional bank fees at the discretion of your bank. Bank fees may be charged for currency conversion and international settlement; and your charge may still be subject to additional fees even if you are being charged by TreeDev in your local currency. If your credit card statement charge differs from your invoice, please contact your bank in the first instance. TreeDev is not liable for any additional bank transaction fees that may be charged.
You may upgrade or downgrade your account (for example, add or delete employees, update or downgrade your subscription package, subscribe or unsubscribe from optional add-ons) at any time by when you are logged into your account.
The upgrade or downgrade will become effective immediately.
If you upgrade or downgrade your account, the usage difference will be reflected on your next invoices. If you downgrade your account, no refunds will be paid in respect of any unused portion of any higher account offering, but credit equivalent to the usage difference will be credited to your account and will be deducted from your future payments. Upgrading or downgrading your account will not result in changing your current billing period.
Downgrading your account may cause the loss of content, features, or capacity of your account. If you choose to downgrade your account, TreeDev does not accept any liability for the resulting loss of data, content, features or capacity.
Your subscription can be cancelled automatically or manually by you at any time. The system automatically cancels your subscription in case of unpaid invoices. You are responsible for paying all your MobiRest related invoices in time in order to avoid automatic system cancellation.
Your business may be deleted if it has no active subscription in the past six months, or it has unpaid invoices.
The Services are available in a range of packages/plans, giving you options including in relation to the number of businesses and employees you have, the features and services you have access to, the Fee you pay, as described on our Website from time to time (or as notified to you, in the case of some exclusive plans). We may update those plan limits at any time (eg, by increasing, reducing or removing limits) by updating the plan descriptions on our Website (or as notified to you, in the case of some exclusive plans). You’ll be expected to comply with the updated plan limits from the next time you use the Services. You agree that we may use information generated by your use of the Services (eg, transaction volume and revenue) for the purposes of determining the most appropriate plan and pricing for you.
We may ask you to upgrade your account to a new plan if you exceed the limits that apply to your plan at any time.
We also reserve the right to suspend or restrict your account or your use of the Service, where we believe that your use isn’t fair or reasonable or that it may cause degradation of the Services to other users. This includes circumstances where your use is creating a security or availability risk for TreeDev or our other customers, is impacting (or may impact) the stability or performance of our systems, or is requiring disproportionate resource to deliver (eg, in terms of storage or processing requirements, support requests or helpdesk queries).
THE USE OF THE SERVICES IS CARRIED OUT AT YOUR OWN RISK. THE SERVICES ARE PROVIDED „AS IS” AND „AS AVAILABLE”. THE USE OF SERVICES DOES NOT PROVIDE ANY WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING (WITHOUT LIMITATION) IMPLIED NON-INFRINGEMENT WARRANTIES. THE USE OF SERVICES DOES NOT PROVIDE ANY WARRANTIES THAT (I) SERVICES WILL MEET ALL YOUR REQUIREMENTS, (II), SERVICES WILL WORK IN AN UNINTERRUPTED, SECURE, OR ERROR-FREE FASHION, (III) THE RESULTS THAT MAY BE OBTAINED FROM USING SERVICES, WILL BE ACCURATE OR RELIABLE OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED FROM MERCHANTS USING MOBIREST WILL MEET ALL YOUR REQUIREMENTS.
From time to time, we may add, make changes to or remove altogether features or functionality of the Services. If you’re using Services, you may need to install a new or updated version before you can receive the benefit of those changes. We may also decide to cease providing all or some of the Services at any time, and nothing in these Terms is to be taken as a guarantee that any Services will always be available, either in its current form or at all, or that we will support, maintain or continue to offer the Services or any version of them.
YOU UNDERSTAND AND AGREE THAT BY USING SERVICES, YOU ALONE ARE RESPONSIBLE AND SHALL NOT HOLD TREEDEV LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, INCLUDING (WITHOUT LIMITATION) LOSS OF REPUTATION, USE OF PERSONAL DATA OR OTHER INTANGIBLES ON THE BASIS OF THE AGREEMENT, OFFENSES, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE (WITHOUT LIMITATION), RESULTING FROM: (I) THE USE OR INABILITY TO USE SERVICES; (II) SPENDING ON GOODS, THEIR REPLACEMENT AND/OR OTHER AS A RESULT OF DATA, INFORMATION, COMMUNICATIONS RECEIVED FROM MOBIREST AND/OR OTHERWISE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR COMMUNICATIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD-PARTY USING SERVICES; OR (V) ANY OTHER MATTER RELATING TO THE USE OF SERVICES.
You are responsible for all activity that results from use of the Services through your account. You are responsible for maintaining the security of your account and password. TreeDev will not be liable for any loss or damage that may result from any failure to keep any login information (email and password) secure.
You indemnify TreeDev against all forms of liability, actions, proceedings, demands, costs, charges and expenses which TreeDev may incur or suffer as a result of use of the Services through your account or as a result of your failure to comply with these Terms.
You must not: (a) use the Services in any unlawful manner (or if use of the Services would cause you to breach any law or regulation applicable to you), for any unlawful or fraudulent purpose, or in any manner inconsistent with these Terms; (b) infringe our intellectual property rights or those of any third party in relation to your use of the Services; (c) transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the Services; (d) use the Services in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; (e) collect or harvest any information or data from the Services or our systems or attempt to decipher any transmissions to or from the servers running any Services; (f) disclose or distribute information relating to another User of the Services to any third party, or use any other User’s information for any marketing purposes unless you have that User’s express permission to do so; or (g) access or register User logins via bots or other automated methods.
You agree to use the Services in a reasonable way. If we determine that your use of the Services is not reasonable or that your use is causing degraded performance of the Services for you or for other Users, we may impose limits on your use of the Services. Where possible, we will endeavour to give you at least 24 hours prior notice and request that your usage is reduced before imposing any limits.
Limits on your use of the Services may include (but are not limited to) the quantities and volumes of the following parameters, per business: (a) storage required to host and backup business data; (b) sales transactions per calendar month; (c) page views per five (5) minute period; (d) bandwidth usage per twenty four (24) hour period; or (e) stores, POS devices, employees, items and customers.
You must not:
a. use the Services in any unlawful manner (or if use of the Services would cause you to breach any law or regulation applicable to you), for any unlawful or fraudulent purpose, or in any manner inconsistent with these Terms;
b. infringe our intellectual property rights or those of any third party in relation to your use of the Services;
c. transmit any material that is defamatory, offensive, or otherwise objectionable in relation to your use of the Services;
d. use the Services in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users.
e. collect or harvest any information or data from the Services or our systems or attempt to decipher any transmissions to or from the servers running any Services.
f. disclose or distribute information relating to another User of the Services to any third party, or use any other User’s information for any marketing purposes unless you have that User’s express permission to do so; or
g. access or register User logins via bots or other automated methods.
h. use sexually explicit, racial, ethnic, cultural, or similarly offensive, provocative, shocking, or inappropriate names and labels and other offending content.
i. process personal data in an unlawful way such as not following the provisions of:
You acknowledge and agree that TreeDev may offer Content that is protected by copyright, patent, trademark, trade secret, or other proprietary rights and laws governing such legal relations.
Except as expressly provided by the Terms and Conditions, You agree not to use such Content in bad faith, in whole or in part, including but not limited to because such use would be in direct violation of copyright rights and interests, and the rights and interests of other Customers.
Any use of Services, except as specifically stated in these Terms and Conditions, is prohibited. Technology and computer software, applications, content, design, images and the like underlying or relating to Services, are protected by copyright and other laws. You agree not to carry out the following actions, namely: copy, modify, create derivative works of, reverse engineer, disassemble or otherwise attempt to derive the source code, sell, assign, sublicense or otherwise transfer rights to Services. Any rights not expressly granted herein are reserved to TreeDev. No part of these Terms of Use shall be construed as granting, by implication, or otherwise, any license or right to use intellectual property rights for Services or parts thereof.
By posting on the Website or Apps information on trademarks and other data protected by copyright, You represent and warrant the availability of appropriate rights for this placement.
We will maintain appropriate technical and organizational measures to protect the security of the data or content that you input into the Services.
You are responsible for complying with all applicable data protection laws in respect of your use of the Services and with regard to any instructions you issue to TreeDev with regard to the processing of personal data you provide to TreeDev through the Services. In particular, you must ensure you have properly informed and obtained all necessary rights, authorizations or consents from any end-users, consumers, personnel or other individuals to whom the data relates, to enable TreeDev to lawfully access their personal data under these Terms and to process their personal data outside of their country of residence.
You shall not provide (nor permit any User to provide) any Sensitive Data to TreeDev. For the purpose of these Terms, „Sensitive Data” shall mean data revealing a person’s racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetics, biometrics, health data, data about sex life or sexual orientation, or data about criminal convictions and offences.
On expiry or termination of these Terms, or upon deletion of your account, the Personal Data submitted by you to the Services will be deleted after 30 days, unless applicable laws or regulations require TreeDev to retain the data for a longer period. To the extent that we continue to hold the data, it shall be securely isolated and protected from further processing except to the extent required by applicable law.
These Terms shall be governed by and construed under the laws of Romania as applied to agreements entered into and to be performed in Romanian residents. The parties consent to the exclusive jurisdiction and venue of the courts located in and serving Romania.
We work with a number of partners, value added resellers and other third parties to promote, market and integrate other products and services with the Services. In some cases, we may receive a commission from those partners and third parties for referring our customers to them, or we may pay a commission to third parties where customers are referred to us.
If we don’t insist that you perform any of your obligations under these Terms, or if we do not immediately enforce our rights against you, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations.
Each clause in these Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
You are not permitted to assign, sub-licence, novate or transfer these Terms or any of the rights licensed under them.
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