MOB CRAZE LIMITED
End User License Agreement (EULA)
Last Updated: Jan 2025
1. Interpretation and Definitions
1.1. Interpretation: The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
1.2. Definitions: For the purposes of this End-User License Agreement:
· "Agreement" means this End-User License Agreement that forms the entire agreement between You and the Company regarding the use of the Application. This EULA was produced with the help of TermsFeed EULA Generator.
· "Application" means the software program provided by the Company downloaded by You through an Application Store's account to a Device.
· "Application Store" means the digital distribution service operated and developed by Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) or any other available platform by which the Application has been downloaded to your Device.
· "Company" (referred to as either "the Company," "We," "Us," or "Our" in this Agreement) refers to MOB CRAZE LIMITED, a registered company in Cyprus with Company number: HE 443372.
· "Content" refers to content such as text, images, or other information that can be posted, uploaded, linked to, or otherwise made available by You, regardless of the form of that content.
· "Country" refers to: Cyprus.
· "Device" means any device that can access the Application, such as a computer, a mobile phone, or a digital tablet.
· "Family Sharing / Family Group" permits You to share applications downloaded through the Application Store with other family members by allowing them to view and download each other's eligible Applications to their associated Devices.
· "Third-Party Services" means any services or content (including data, information, applications, and other products/services) provided by a third-party that may be displayed, included, or made available by the Application.
· "You" means the individual accessing or using the Application or the company or other legal entity on behalf of which such individual is accessing or using the Application, as applicable.
2. Acknowledgment
2.1. By clicking the "I Agree" button, downloading or using the Application, You are agreeing to be bound by the terms and conditions of this Agreement. If You do not agree to the terms of this Agreement, do not click on the "I Agree" button, do not download or do not use the Application.
2.2. This Agreement is a legal document between You and the Company and it governs your use of the Application made available to You by the Company.
2.3. This Agreement is between You and the Company only and not with the Application Store. Therefore, the Company is solely responsible for the Application and its content. Although the Application Store is not a party to this Agreement, it has the right to enforce it against You as a third-party beneficiary relating to your use of the Application.
2.4. Since the Application can be accessed and used by other users via, for example, Family Sharing / Family Group or volume purchasing, the use of the Application by those users is expressly subject to this Agreement.
2.5. The Application is licensed, not sold, to You by the Company for use strictly in accordance with the terms of this Agreement.
3. License
3.1. Scope of License: The Company grants You a revocable, non-exclusive, non-transferable, limited license to download, install, and use the Application strictly in accordance with the terms of this Agreement.
3.2. License Restrictions: You agree not to, and You will not permit others to:
· License, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose, or otherwise commercially exploit the Application or make the Application available to any third party.
· Remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) of the Company or its affiliates, partners, suppliers, or the licensors of the Application.
4. Intellectual Property
4.1. The Application, including without limitation all copyrights, patents, trademarks, trade secrets, and other intellectual property rights are, and shall remain, the sole and exclusive property of the Company.
4.2. The Company shall not be obligated to indemnify or defend You with respect to any third party claim arising out of or relating to the Application. To the extent the Company is required to provide indemnification by applicable law, the Company, not the Application Store, shall be solely responsible for the investigation, defense, settlement, and discharge of any claim that the Application or your use of it infringes any third party intellectual property rights.
5. Modifications to the Application
5.1. The Company reserves the right to modify, suspend, or discontinue, temporarily or permanently, the Application or any service to which it connects, with or without notice and without liability to You.
5.2. Notwithstanding the foregoing, You are responsible for complying with the updated terms posted online at the Company’s website even if these updated terms appear online at the Company’s website before being posted on the Application. Your continued use of the Application after Company publishes notice of changes to this EULA indicates Your consent to the updated terms.
6. Updates to the Application
6.1. The Company may from time to time provide enhancements or improvements to the features/functionality of the Application, which may include patches, bug fixes, updates, upgrades, and other modifications.
6.2. Updates may modify or delete certain features and/or functionalities of the Application. You agree that the Company has no obligation to (i) provide any Updates or (ii) continue to provide or enable any particular features and/or functionalities of the Application to You.
6.3. You further agree that all updates or any other modifications will be (i) deemed to constitute an integral part of the Application and (ii) subject to the terms and conditions of this Agreement.
7. Maintenance and Support
7.1. The Company does not provide any maintenance or support for the download and use of the Application. To the extent that any maintenance or support is required by applicable law, the Company, not the Application Store, shall be obligated to furnish any such maintenance or support.
8. Third-Party Services
8.1. The Application may display, include, or make available third-party content (including data, information, applications, and other products/services) or provide links to third-party websites or services.
8.2. You acknowledge and agree that the Company shall not be responsible for any Third-party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. The Company does not assume and shall not have any liability or responsibility to You or any other person or entity for any Third-party Services.
8.3. You must comply with applicable Third parties' Terms of agreement when using the Application. Third-party Services and links thereto are provided solely as a convenience to You, and You access and use them entirely at your own risk and subject to such third parties' Terms and conditions.
9. Privacy
9.1. Under data protection legislation, we are required to provide You with certain information about who we are, how we process your personal data and for what purposes and your rights in relation to your personal data and how to exercise them. This information is provided in our Privacy Policy and it is important that you read that information.
9.2. Please take care when disclosing any information about yourself on or through the Application. A known risk of the public internet is people not necessarily being who they say they are, or behaving in an unreliable, misleading or illegal way. We cannot control information You choose to provide to other users, where the Application include facilities for You to interact with others. We strongly recommend that You exercise caution, act sensibly and not disclose any information which You do not wish to have disseminated into the wider public internet. Any disclosures of your information by You to other users are made by You at your own risk. Once information is disclosed by You in this way, it may not be possible for us to prevent its dissemination over the public internet.
10. Term and Termination
10.1. Term: This Agreement shall remain in effect until terminated by You or the Company. The Company may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.
10.2. Termination: This Agreement will terminate immediately, without prior notice from the Company, in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the Application and all copies thereof from your Device or from your computer.
10.3. Upon termination of this Agreement, You shall cease all use of the Application and delete all copies of the Application from your Device.
10.4. Termination of this Agreement will not limit any of the Company's rights or remedies at law or in equity in case of breach by You (during the term of this Agreement) of any of your obligations under the present Agreement.
11. Indemnification
11.1. You agree to indemnify and hold the Company and its parents, subsidiaries, affiliates, officers, employees, agents, partners, and licensors (if any) harmless from any claim or demand, including reasonable attorneys' fees, due to or arising out of your:
· Use of the Application;
· Violation of this Agreement or any law or regulation; or
· Violation of any right of a third party.
12. No Warranties
12.1. The Application is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory, or otherwise, with respect to the Application. To the extent any warranty exists under law that cannot be disclaimed, the Company, not the Application Store, shall be solely responsible for such warranty.
13. Limitation of Liability
13.1. Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Agreement and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You for the Application or through the Application or 100 USD if You haven't purchased anything through the Application.
14. Severability and Waiver
14.1. Severability: If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.
14.2. Waiver: Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Agreement shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
15. Product Claims
15.1. The Company does not make any warranties concerning the Application. To the extent You have any claim arising from or relating to your use of the Application, the Company, not the Application Store, is responsible for addressing any such claims, which may include, but not limited to:
· Any product liability claims;
·
Any claim that the Application fails to
conform to any applicable legal or regulatory requirement; and
16. Any
claim arising under consumer protection, or similar legislation.
17. Payments and Refunds
17.1 App is free to download. However,
certain features of the Services may be offered for a fee by (1) paying a
subscription fee in advance on a recurring interval disclosed to you prior to
your purchase; or (2) one-time payment giving you a lifetime access to App
(together or separately the “Purchase”). You make the Purchase directly from Mob
Craze or through the App Store. For the purposes of the lifetime access
to App, lifetime constitutes 30 years or until the date Mob Craze ceases to
commercially offer the Services, whatever period is shorter. We make no
warranties as to the expected duration of the lifetime access and its related
Services. You acknowledge and agree that the Services under the lifetime access
may change or terminate in the future. You may not assign, transfer, or resell
in any way the lifetime access to any other person. We reserve the right to
revise the terms of or make changes to the lifetime access by updating these
Terms accordingly, provided that we will not shorten the duration of the
lifetime access specified above.
17.2 To the maximum extent permitted by
applicable laws, we may change Purchase fees at any time. We will give you
reasonable notice of any such pricing changes by posting the new prices on or
through App and/or by sending you an e-mail notification, or in other prominent
way. If you do not wish to pay the new fees, you can cancel the applicable
subscription prior to the change going into effect or/and abstain from
pre-paying for access to the Services.
17.3 You authorize us and the App
Stores to charge the applicable fees to the payment card that you submit.
17.4 By signing up for certain
subscriptions, you agree that your subscription may be automatically renewed.
Unless you cancel your subscription, you authorize us and the App Stores to
charge you for the renewal term. The period of auto-renewal will be the same as
your initial subscription period unless otherwise disclosed to you on the
Services. The renewal rate will be no more than the rate for the immediately
prior subscription period, excluding any promotional and discount pricing,
unless we notify you of a rate change prior to your auto-renewal. You must
cancel your subscription in accordance with the cancellation procedures
disclosed to you for the particular subscription. We will not refund fees that
may have accrued to your account and will not prorate fees for a cancelled
subscription.
17.5 We may offer a trial subscription
for the Services. Trial provides you access to the Services or a part of the
Services for a period of time, with details specified when you sign up for the
offer. Unless you cancel before the end of the free trial, or unless otherwise
stated, your access to the Services will automatically continue and you will be
billed the applicable fees for the Services. It is ultimately your
responsibility to know when the free trial will end. We reserve the right, in
our absolute discretion, to modify or terminate any free trial offer, your
access to the Services during the free trial, or any of these terms without
notice and with no liability. We reserve the right to limit your ability to take
advantage of multiple free trials.
17.6 The Services and your rights to
use it expire at the end of the paid period of your subscription. If you do not
pay the fees or charges due, we may make reasonable efforts to notify you and
resolve the issue; however, we reserve the right to disable or terminate your
access to the Services (and may do so without notice).
17.7 Subscriptions purchased via the App Store are subject to such App Store's refund policies. This means we cannot grant refunds. You will have to contact the App Store support.
17.8
You agree that the Purchase is final, that Mob Craze will not refund any
transaction once it has been made and that the Purchase cannot be canceled.
When you make the Purchase, you acknowledge and agree that all Purchases are
non-refundable or exchangeable. Notwithstanding anything to the contrary in the
foregoing, Mob Craze will provide refunds and/or Purchase cancellations in
cases and to the extent required by mandatory provisions of the applicable law.
Mob Craze may also provide refunds at its own discretion and subject to our
policies that may be published from time to time
17.9 Note for the EU residents: If you are an EU user, you have the right to
withdraw from the agreement for the purchase of digital content without charge
and without giving any reason within fourteen (14) days from the date of such
agreement conclusion. The withdrawal right does not apply if the performance of
the agreement has begun with your prior express consent and your acknowledgment
that you thereby lose your right of withdrawal. YOU HEREBY EXPRESSLY CONSENT TO
THE IMMEDIATE PERFORMANCE OF THE AGREEMENT AND ACKNOWLEDGE THAT YOU WILL LOSE
YOUR RIGHT OF WITHDRAWAL FROM THE AGREEMENT ONCE OUR SERVERS VALIDATE YOUR
PURCHASE AND THE APPLICABLE PURCHASE IS SUCCESSFULLY DELIVERED TO YOU.
Therefore, you will not be eligible for a refund, unless the digital content is
defective.
18. United States Legal Compliance
18.1. You represent and warrant that:
· You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country; and
· You are not listed on any United States government list of prohibited or restricted parties.
19. Changes to this Agreement
19.1. The Company reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at the sole discretion of the Company.
19.2. By continuing to access or use the Application after any revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, You are no longer authorized to use the Application.
20. Governing Law
20.1. The laws of the Country, excluding its conflicts of law rules, shall govern this Agreement and your use of the Application. Your use of the Application may also be subject to other local, state, national, or international laws.
21. Entire Agreement
21.1. The Agreement constitutes the entire agreement between You and the Company regarding your use of the Application and supersedes all prior and contemporaneous written or oral agreements between You and the Company.
21.2. You may be subject to additional terms and conditions that apply when You use or purchase other Company's services, which the Company will provide to You at the time of such use or purchase.
22. Contact Us
If you have any questions about this Agreement, You can contact Us:
· By visiting this page on our website: https://www.mobcraze.com/
· By sending us an email: mobcrazeglobal@gmail.com