Welcome to Mobu, This is an agreement between Free International Calls App Ltd (the owner and operator of Mobu mobile applications, Mobu Service, software, Mobu website available at www.mobu-app.com, design, data, user input and associated services; thereinafter Mobu, Mobu app, The Service or The Software) and you (a user of the Service). By using Mobu service, you acknowledge AND AGREE with this End User License Agreement (EULA) and Mobu Private Policy. If you choose to not agree with any of these, do not install the app and do not use the Service. This agreement does not replace any agreement required by Apple, Google and any others in order to download and use the app from their respective stores.
Mobu is not a replacement for your primary telephone service and does not provide access to emergency services.
use of the service
Subject to the terms and conditions of this Agreement, we grant to you a non-exclusive, revocable, personal, non-transferable right to use the Application/s without any right to sub-license. You will not sell, sub-license, lease, rent, loan, lend, transmit or otherwise distribute or transfer Mobu Application in any manner to third parties.
Your use of a service provided by a third party to access the Mobu Services, including but not limited to your local mobile operator or internet service provider (“Provider”), will also be subject to the Provider’s terms and conditions. For the avoidance of doubt in using any such Provider service you will still be bound by these Terms of Service in respect of your use of the Mobu Services. As soon as your call is connected to the Mobu service at your request, data rates may be charged by your Provider, regardless of whether you are connected to the receiver of the call.
If you are residing in a jurisdiction where it is prohibited by law to offer or use Internet telephony, you may not enter into this Agreement or use the Mobu Services.
UNAUTHORISED USE/STOLEN DEVICE
If your Device is stolen or if you become aware of unauthorized use of the Mobu Services you must notify us immediately to suspend your Account. You are responsible for all charges to your Account until the Mobu Services are suspended. We have the right to change your Password and account name at any time in our sole discretion.
NO UNLAWFULL OR PROHIVITED USE
You expressly acknowledge and agree to use any Mobu Service solely for lawful purposes. In this respect you may not, without limitation (a) intercept or monitor, damage or modify any communication which is not intended for you, (b) send any unsolicited commercial communication not permitted by applicable law, (c) use any Mobu Service in any fraudulent way, (d) expose any third party to material which is offensive, harmful to minors, indecent or otherwise objectionable. Further, you may not use any Mobu Service in any manner that could damage, disable, overburden, or impair any Mobu server, or the network(s) connected to any Mobu server, or interfere with any other party’s use and enjoyment of the Mobu Services.
Disclosure of information
Mobu reserves the right at all times to disclose any information as Mobu deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove or restrict any information or materials, in whole or in part, in Mobu’s sole discretion.
Mobu does not make any express warranty regarding the Mobu Services and disclaim any implied warranty, including any warranty of merchantability, satisfactory quality, or fitness for a particular purpose; however Mobu shall endeavor to provide the Mobu Services with minimum disruptions. Mobu cannot guarantee that the Mobu Services will always function without disruptions, delay or other imperfections and Mobu may choose not to provide service to countries or calling areas at its sole discretion. Since the Mobu Services will be transmitted through public Internet lines and the public switched telephone network, you acknowledge that there may be power outages or Internet service disruption and you may experience some disruptions in the Mobu Services, e.g. packet loss and delay. Additionally, you also understand that calls, SMS, etc. to or from the public switched telephone network are not encrypted and as such, could be potentially subject to eavesdropping by law enforcement officials or other third parties over the public Internet. Mobu will not be liable for any disruption, delays, eavesdropping or other omissions in the Mobu Services.
SUSPENSION AND INTERRUPTION
Mobu is entitled, without any liability, to refuse, restrict, limit, suspend and/or interfere or interrupt the Mobu Services or any part thereof, without any notice to you for the repair, improvement, and/or upgrade of the Mobu Services or for any of the reasons for termination set forth below in these Terms of Service. In addition, Mobu may prevent, at any time, in its sole discretion and without advance notice, use of the Mobu Services for any reason, including but not limited to, fraudulent calling patterns, excessive usage, billing irregularities, unlawful use, or misuse of service promotions or campaigns (including but not limited to the use of such promotions or campaigns in a fraudulent or abusive manner of for such purpose).
The content of the communication is entirely the responsibility of the person from whom such content originated. You, therefore, may be exposed to content that is offensive, harmful, indecent or otherwise objectionable. Mobu will not be liable for any type of communication spread by means of the Mobu Services.
NO EMERGENCY CALLS
The Mobu Services do not and are not intended to support or carry emergency calls to any type of hospitals, law enforcement agencies, medical care unit or any type of emergency services of any kind and Mobu is not liable in any manner for such calls. In the event that, with your permission, another user uses your Account, you are responsible to inform that user that it is not possible to support or carry emergency calls with the Mobu Services.
Downloading the Mobu App is free. In order to download and/or use the Services, you must provide certain information to register your mobile phone or additional phone(s) and device(s). As part of account registration, you will select a username and password. You agree to provide Mobu with accurate, up to date, and complete information. Registered users understand and agree that they have an ongoing duty to update their personal information if and when it changes. Registered users agree to keep their accounts and devices secure from unauthorized access. Registered users alone are responsible for their accounts and devices, and accept full responsibility for any and all use of their accounts and devices, whether authorized or unauthorized. In the case of unauthorized access to an account, you agree to contact Mobu immediately. You are responsible for any charges to your account until Mobu is able to terminate or suspend your account.
By creating an account, you agree that Mobu, and our designees and agents, may contact you by any available means, including, but not limited to, by email, telephone, text messages, push notifications or messages within the Services.
Mobu reserves the right to restrict access to, suspend, disable, or delete your account at any time, in its sole discretion, and without prior warning. You are expressly prohibited from selling, leasing, lending, assigning, or otherwise transferring your account.
You understand and agree that Mobu provides software and related services and takes no responsibility and cannot be held liable or responsible for any interaction between users of the Services, whether with advertisers, through accounts, with third-parties, or otherwise. Mobu makes no representations or warranties as to the truth or falsity of any information submitted to the App or provided by Mobu or any user of the App, or the legality, quality, or safety of the services offered through the App.
Mobu may establish and modify, in its own discretion, at any time and without prior notice, practices and limits concerning use of the App, including, without limitation, limits on the amount of time data is retained, limits on amount of data that may be submitted to the Services, limits on the length of calls places using the Services, limits on the amount of times a user may access the App. Mobu reserves the right to log off and/or delete accounts that are inactive for an extended period of time.
If you have installed the App on your device, you agree that Mobu may automatically install and update any bug fixes, enhanced functions, new modules or completely new versions of the App directly on your device without your prior permission.
The App is free to download, but Mobu reserves the right to charge a fee to download and/or use the App and any part thereof in the future.
We are the owner of the copyright, trade secrets, trademarks and any other intellectual property rights including all related software and underlying source code which subsist in the Licensed Application and all copies thereof. Title to and ownership of the Licensed Application shall at all times remain vested in us. You accept that the Licensed Application contains confidential information that is our property. You agree and acknowledge that we shall own the intellectual property rights to any modifications of the Licensed Application. “Mobu” are owned by us and no right or license is granted to the Application Provider Trade Marks.
In case of misuse or fraudulent activity, Mobu reserve the right to withdraw, cancel or revoke any user account, offers or incentives, paid or otherwise.
PAYMENT, RATES & ACCOUNTS
The Mobu app is currently offered free to download and some services are also free to use. We reserve the right to change this at any time. However you may have the option to purchase certain Software features or calling credit by using the tools that we make available (an “in-App Purchase”) or through our website. The prices for any such features are displayed in the Software.
Our calling rates and charges are provided within the App and are incorporated into this Agreement by reference. The rates and charges depend on several factors, including, but not limited to, location and type of destination phone number, the user’s location and the type of phone or device used to make the call, whether and what type of base or add-on phone plan the user registered for, and any current promotions that may be available. You understand that you will pay any additional charges you incur if you connect to the services through a phone number provided by Mobu while you are in a country that is not the same country associated with your network or mobile phone provider (“Roaming Charges”). Roaming Charges will be charged in addition to any charges you may incur when using the App from another country. You are responsible for checking all applicable rates and charges prior to placing a call with the App. We may change the billing period or the rates and charges at any time by posting changes on the website. Any change that is required by law or governmental authority will be effective immediately.
Charges for calls are measured in whole minutes and fractions of a minute will be rounded up to the next whole minute. Timing of the call begins when the call is answered by your contact, including voicemail or an automatic reply. Timing of the call ends when the user hangs up or when Mobu receives a signal that the call has terminated from the terminating carrier.
All calls are pre-paid. You may add to your account balance at any time on the Website or through the App. When a call is charged against your account, we will charge against available balance purchased by you. You agree to pay all taxes, including VAT where applicable, fees and other charges that we bill for the Services. You agree to pay for the Services at the rates and charges listed on Website. You acknowledge that calls in progress may be terminated if your account balance is insufficient to cover the cost of continuing the call.
You agree that you will notify us of any changes to your payment information, including card expiration dates. You understand and agree that if for any reason your account balance becomes negative, you hereby authorize us to charge the negative account balance to any credit or debit card on file with your account without any additional confirmation. We reserve the right to retain any payment information and to charge any card or other payment information for any outstanding amounts on your account so long as your account remains active and for a reasonable period after an account is terminated. If the charge to your account is not accepted for any reason (other than your good faith dispute of a charge), we may charge an additional fee of $10 per transaction and a late fee of $10 per month. We will apply such fees to your unpaid balance.
All rates and charges are reflected in U.S. dollar amounts and all payments must be made in U.S. dollars.
You are responsible for reviewing your billing information. If you believe that Mobu has charged your account in error, you agree to notify us of any disputed charges within ninety (90) days after the date the alleged error appears in your account history or within 120 days after the error occurred, whichever is earlier, in writing in English via email to: email@example.com
If we determine that a billing adjustment is appropriate, we will credit your account. If you fail to timely notify us of a billing dispute, you understand that you hereby waive all rights to bring any claim regarding a charge to your account.
Amounts used are nonrefundable. You acknowledge and agree that if we discontinue the services while your account is active, we are not obligated to refund you any of the prepaid amounts you purchase. Only make prepayments to your account if you believe that you will use the balance.
Unless stated otherwise, all rates and charges listed shall be exclusive of value added taxes (VAT) or any other applicable taxes.
Unless stated otherwise, all rates and charges shall be stated in US dollars. The rates for the Mobu Services are published on the App. Mobu reserve the right to change the rates at any time without notice. If you do not wish to accept such adjustment of rates, you are entitled to terminate the Account with effect from the date on which the adjustment of rates would become effective. Mobu will not issue a refund for any unused account credit because of Account Termination due to rate adjustments. You agree that by continuing to use the Mobu Services, following the adjustments of the rates, you accept such adjustments.
INTERNATIONAL ROAMING / DATA CONNECTIVITY AND CHARGES
In order to use the Mobu service, you must have data connectivity services from your service provider, which may be your mobile carrier, WiFi service provider or other provider. The cost of this data connectivity service may vary among service providers and you understand that it is your responsibility to check and pay for such costs. In particular, you further understand that the costs of such data connectivity service may rise significantly when roaming internationally. Therefore, you are advised to consider the cost of using the Software, depending on your location at any particular time. You are solely responsible for verifying with your third party phone or other service providers that your use of the Software is permitted in accordance with any contractual obligations you may have with that third party.
Mobu does not provide refunds on credit balances added to your account except as expressly provided for in these terms and where we have breached our obligation to you. If you believe that Mobu has charged you in error, you must contact Mobu within 30 days of such charge by submitting a written request in English to Mobu’s customer services at firstname.lastname@example.org. For the avoidance of doubt, no other refunds shall be given for services paid or credit acquired, except in exceptional circumstances, and at Mobu’s sole discretion.
ADS AND OFFER NETWORKS
Mobu does provide advertisements and offers served by 3rd party networks as a way for users to earn free credit. Mobu may allow advertisers to display advertisements within our Services. However, Mobu does not endorse or recommend any commercial product, process, or service. The views and opinions of users, contributors, and others expressed through the App do not necessarily state or reflect those of Mobu and are not intended to be used for advertising or product endorsement purposes.
Mobu does not guarantee that credit earned through the rewarded ad networks will be credited in the user account unless the ad networks have credited or triggered a credit particular ad network. Support on possible missing credits is provided directly by the ad network on the link available in the app. Mobu does not bear responsible for missing credits and in no circumstance will refund any credit earned or missing. ation to Mobu.
ACCOUNT AND RECEIPTS
Mobu may provide an account history within your account area on the App that includes information about your calling history during a limited period, and your current Account balance (“Account History”), which may change from time to time, and an e-mail receipt upon pre-payment for the Mobu Services. The Account History is the only statement of your Account that Mobu will provide to you. IT IS YOUR RESPONSIBILITY TO PRINT OR SAVE A COPY OF YOUR CALL SHEET AND YOUR RECEIPT AND TO RETAIN COPIES FOR YOUR RECORDS. Mobu will use commercially reasonable efforts to correct any technical failures relating to the Account History within a reasonable time. However, your inability to view the Account History does not extend, or relieve you of, your obligation to pay any amounts owing to Mobu.
EXPIRATION OF BALANCE
A credit balance for Mobu pre-paid services on the Account expires 180 days after the last recharge. Credit balances that are not used within the said 180 day period will be lost.
TERMINATION & CANCELATION
If you breach any representations to us or fail to perform any of the promises you made in the Terms of Service, or if you are subject to any proceeding under the bankruptcy acts or similar laws, you will be in default and we may, without notice to you, suspend the Mobu Services and/or terminate the Terms of Service.
You may cancel Mobu Services at any time by giving us notice to email@example.com
, cancelation will be processed at best timely efforts. If you are on a monthly subscription package termination will be effective at the end of the monthly period which follows the expiry of the give day notice period. If your payment falls due during the five day notice period you will be billed for the next month. If this is the case, no refunds will be given.
LIMITATION OF LIABILITY
Mobu is not liable for acts or omissions of another Provider, for information provided through your Device, equipment failure or modification, or causes beyond our reasonable control. We are not liable for service outages or for service limitations or interruptions. We are not liable for any accidents or incidents which result from the use of Mobu Services by you or any other person. Our liability and the liability of any underlying Provider for any failure or mistake shall in no event exceed the Mobu Services charges during the affected period. We and any underlying Provider are not liable for any incidental, punitive or consequential damages such as lost profits. We, and any underlying Provider, are not liable for economic loss or injuries to persons or property arising from the use of the Mobu Services. This paragraph shall survive termination of your account.
- You warrant and represent that you have the necessary rights to install and use the Licensed Application and you will indemnify and keep us, our affiliates, agents, partners and officers, fully and effectively indemnified on demand from and against all actions, claims, losses, liability, damages, costs and expenses (including legal costs and expenses) suffered or incurred by us, our affiliates, agents, partners and officers and arising directly or indirectly out of your use of the Licensed Application.
- We may suspend or terminate the Licensed Application and this Agreement if directed to comply with an order, instruction or request of any law enforcement, government or other competent authority.
- You may use the Licensed Application for lawful purposes only and in accordance with such instructions as notified by us from time to time. You are responsible for all activity and usage of the Licensed Application and for any breaches of this Agreement that may result. You must ensure that the Licensed Application is not used, whether by you or by anyone else, for any unlawful or fraudulent purposes.
- You must not use the Licensed Application to transmit, receive, email, download, upload, view or otherwise use any material which is defamatory or libellous; obscene, offensive, hateful, inflammatory or otherwise criminal in nature; contains sexually explicit material; promotes violence; promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; infringes any copyright, database right, trade mark or other intellectual property right of any person; is made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence; is threatening, abusive or invades any person’s privacy; is likely to harass, upset or alarm any other person; is used to impersonate any person, or to misrepresent your identity or affiliation with any person; gives the impression that they emanate from us, if that is not the case; or advocates, promotes or assists any unlawful act such as (without limitation) copyright infringement or computer misuse.
- We may amend this Agreement from time to time and post the new version on our website following which all use of the Licensed Application will be governed by the revised version. You must check the terms of this Agreement accessible from our website from time to time to review them. We shall update the “Last modified” date in the event of a change to this Agreement. In the unlikely event that we make any modifications to this Agreement which are materially detrimental to you, you may terminate this Agreement on written notice and you may be entitled to a refund of any unused prepaid amount representing the period following the termination date. If you use the Licensed Application after the “Last modified” date you will be bound by the changes and you shall have no right to terminate this Agreement on the ground of the modifications made.
- We shall not be liable for any failure to perform any obligation to the extent such failure is due to causes beyond our reasonable control.
- We may assign, transfer, novate or subcontract any or all of our rights and obligations under this Agreement at any time.
- The termination of this Agreement however arising shall not operate to affect such of the provisions of this Agreement as are expressed to operate or have effect after then and shall be without prejudice to any accrued rights or remedies of the parties.
- This Agreement shall be governed by English law and the parties hereby submit to the exclusive jurisdiction of the London, England courts except that we may take any action we consider necessary to protect or preserve any of our confidential information and intellectual property rights in any court of competent jurisdiction.
- Section 230 of Communications Decency Act. You acknowledge and agree that Mobu is an interactive computer service provider under Section 230 of the Communications Decency Act. You agree that Mobu will not be considered an information content provider and will not be held liable for the republication of defamatory or tortious communications created by third parties, whether through the Services or otherwise.
- Children’s Online Privacy Protection Act Compliance The Services are not directed to persons under the age of thirteen (13) and Mobu will not knowingly collect personally identifiable information from children under the age of thirteen (13) absent the requirements set forth in this Agreement. If Mobu inadvertently collects personally identifiable information, Mobu will delete the personally identifiable information in accordance with its security protocols, upon notice.
- If any provision of this Agreement shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such provision shall be divisible from the others and shall be deemed deleted.
- This Agreement represents the entire agreement and supersedes all prior understandings and representations, whether written or oral.