Terms of Service | Mobie

Terms of Service

Last updated: January 2025

1. Acceptance of Terms

By accessing or using Mobie ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Service. We reserve the right to modify these Terms at any time, and your continued use of the Service constitutes acceptance of any changes.

2. Description of Service

Mobie is an AI-powered website builder that allows users to create and publish websites. The Service includes:

  • Website creation and editing tools
  • Artificial intelligence-powered content generation
  • Website hosting and domain management
  • User accounts and data storage
  • Payment processing for premium features

3. User Accounts and Registration

To use certain features of the Service, you must create an account. You are responsible for:

  • Providing accurate and complete information
  • Maintaining the security of your account credentials
  • All activities that occur under your account
  • Notifying us immediately of any unauthorized use

4. Acceptable Use

You agree not to:

  • Use the Service for any illegal or unauthorized purpose
  • Violate any applicable laws or regulations
  • Infringe on the intellectual property rights of others
  • Upload malicious code, viruses, or harmful content
  • Attempt to gain unauthorized access to the Service
  • Interfere with or disrupt the Service's functionality
  • Use the Service to spam or harass other users
  • Reverse engineer, decompile, or disassemble the Service
  • Resell or redistribute the Service without permission

5. Subscription and Payment Terms

Premium features require a paid subscription. By subscribing, you agree to:

  • Pay all fees associated with your subscription
  • Provide accurate payment information
  • Authorize recurring charges for subscription renewals
  • Be responsible for all taxes and additional charges

We reserve the right to change subscription prices with 30 days' notice. Subscription fees are non-refundable except as required by law.

6. Intellectual Property Rights

The Service and its original content, features, and functionality are and will remain the exclusive property of Mobie and its licensors. The Service is protected by copyright, trademark, and other intellectual property laws.

You retain ownership of content you create using the Service, but you grant us a license to use such content as necessary to provide the Service.

7. Content and Data

You are solely responsible for content you create, upload, or publish using the Service. We do not control, verify, or endorse user-generated content. You represent and warrant that:

  • You own or have the right to use all content you submit
  • Your content does not violate any third-party rights
  • Your content complies with all applicable laws
  • Your content is not defamatory, offensive, or harmful

8. Artificial Intelligence and Content Generation

Our Service uses artificial intelligence to generate website content. You acknowledge and agree that:

  • AI-generated content may not always be accurate or appropriate
  • You are responsible for reviewing and editing AI-generated content
  • We do not guarantee the originality of AI-generated content
  • AI processing may involve third-party service providers

9. Service Availability and Modifications

We strive to provide reliable service but cannot guarantee uninterrupted availability. We reserve the right to:

  • Modify, suspend, or discontinue any part of the Service
  • Perform maintenance and updates
  • Implement new features or remove existing ones
  • Change these Terms with notice to users

10. Privacy and Data Protection

Your privacy is important to us. Our collection and use of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you consent to the collection and use of your information as described in our Privacy Policy.

11. Termination

We may terminate or suspend your account and access to the Service immediately, without prior notice, if you:

  • Violate these Terms
  • Engage in fraudulent or illegal activities
  • Fail to pay subscription fees
  • Become insolvent or subject to bankruptcy proceedings

Upon termination, your right to use the Service will end immediately, and we may delete your account and data.

12. WARRANTIES AND DISCLAIMERS

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.

WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.

13. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MOBIE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, DATA, USE, OR GOODWILL.

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR $100, WHICHEVER IS GREATER.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

14. Indemnification

You agree to indemnify, defend, and hold harmless Mobie and its officers, directors, employees, and agents from and against any claims, damages, losses, or expenses arising out of or relating to your use of the Service, your violation of these Terms, or your violation of any rights of another.

15. Governing Law and Disputes

These Terms are governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law principles.

Any disputes arising out of or relating to these Terms or the Service shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.

16. General Provisions

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

These Terms constitute the entire agreement between you and Mobie regarding the Service and supersede all prior agreements and understandings.

17. Contact Information

If you have any questions about these Terms, please contact us at hello@mobiesolutions.com