TERMS OF SERVICE

Last updated: July 20th 2018

By accessing or using our Website located at www.mobstac.com or www.beaconstac.com (“Website”) in any way or using our beacon hardware or the MobStac Solution or by sending messages/communicating via the chatbot or use of any other website or applications that link to this Agreement (collectively, the “Services”) provided by MobStac Inc. a fully owned subsidiary of MobileMotion Technologies Limited (hereinafter collectively referred to as "MobStac", "We", "Us" or "Our") or clicking on a button or taking similar action to signify your affirmative acceptance of this Agreement, or completing the MobStac account registration process, you hereby represent that:

(i) You have read, understood, and agree to be bound by this Agreement and any future amendments and additions to this Agreement as published from time to time on Our Website.

(ii) You are 18 years of age and eligible to form a binding contract with MobStac.

(iii) You have the authority to enter into the Agreement personally and, if applicable, on behalf of any company, organization, or other legal entity you have named as the user during the MobStac account registration process and to bind that company, organization, or entity to the Agreement.

Services and Products provided by MobStac shall include without any limitation technology platforms such as, website, our beacon hardware (the “Product”), our beaconstac server software application or any other software supplied by MobStac that shall enable the users to use the software development kit (“SDK”) supplied along with the products for the limited purpose of integrating the User’s proprietary mobile application (“Native App”) with Beaconstac.

The terms “you,” “user” and “users” refer to all individuals and other persons who access or use our Services and Products including, without limitation, any companies, organizations, or other legal entities that register accounts or otherwise access or use the Services through their respective employees, agents or representatives. Except as otherwise provided herein, IF YOU DO NOT AGREE TO BE BOUND BY THE AGREEMENT, YOU MAY NOT ACCESS OR USE THE WEBSITE, THE SERVICES, OR THE APPLICATIONS.

1. General Information

PLEASE READ THESE TERMS OF SERVICE (“Agreement”) CAREFULLY. BY USING THE SERVICES, YOU AGREE TO BE BOUND BY ALL OF THE TERMS MENTIONED BELOW.

  1. These Terms of Service constitute a legally binding Agreement between you and MobileMotion Technologies Private Limited, having its office at 316, 100 feet road, 2nd floor, Indiranagar, Bangalore Karnataka 560038, India; regarding your use of the Services.
  2. These Terms of Service (“Terms”, including our Privacy Policy, Cookie Policy and all other related policies on our Website) define the terms under which you are allowed to use our Services, and how we will treat your account with us.

2. Definitions

“MobStac Solution” shall mean and include: (i) the software development kit (“SDK”) licensed to the user, where applicable; and/or (ii) access to the server software application, viz. “Beaconstac”, by the user; so as to enable the user to avail of the Services;

  1. “Monthly Uptime Percentage” is calculated by subtracting from 100% the percentage of minutes during the month in which the MobStac Solution, as applicable, was in the state of “Unavailable” Monthly Uptime Percentage measurements exclude downtime resulting directly or indirectly from any MobStac Exclusion;
  2. “MobStac Exclusions” shall mean any unavailability, suspension or termination of MobStac Solution performance: (i) caused by factors outside of MobStac’s reasonable control, including any force majeure event or Internet access or related problems beyond the demarcation point of the MobStac Solution; (ii) that results from any actions or inactions of the user or any third party, including failure to acknowledge a recovery volume; (iii) that results from the user’s equipment, software or other technology and/or third party equipment, software or other technology (other than third party equipment within direct control of MobStac); (iv) that results from any maintenance provided; or (v) arising from MobStac’s suspension and termination of the user’s right to use MobStac Solution in accordance with the terms;
  3. “Party” or “Parties” shall mean the user and MobStac, individually or collectively, as the case may be;
  4. “Third Parties” include but are not limited to business partners, suppliers, sub-contractors, advertisers and advertising networks, analytics and search engine providers, payment providers;
  5. “Additional Services” mean any user and/or MobStac proposed changes to the agreed scope of the MobStac Solution;
  6. “Unavailable” means that MobStac servers servicing traffic either do not respond at all or respond erroneously with unexpected results;
  7. “MobStac Confidential Data” means the MobStac Solutions and any information provided by MobStac to the user, whether directly or indirectly, including, but not limited to, any training materials, data models, logic diagrams, functional specifications, and instructions incorporate confidential and proprietary information developed or acquired by or licensed to MobStac. MobStac Confidential Information does not include: (i) information already known or independently developed by the user, as shown by documents and other competent evidence in its possession; (ii) information in the public domain through no wrongful act of the user; or (iii) information received by the user from a third party who lawfully in possession of such information and was free to disclose it;
  8. “Service Data” means all electronic data, text, messages or other materials, including Personal Data of users, submitted to the Service(s) by you in connection with your use of the Service(s).

Eligibility

To use our Services, you must:

  1. be at least 18 eighteen years of age;
  2. complete the registration process;
  3. agree to the Terms and
  4. provide true, complete, and up to date contact information.

By using our Services, you represent and warrant that you meet all the requirements listed above, and that you will not use our Services in a way that violates any laws or regulations (representing and warranting equates to making a legally enforceable promise). MobStac may refuse Service, close accounts of any users, and change eligibility requirements at any time.

4. Contractual Relationship

  1. In adherence with clause 21 of this Agreement MobStac may terminate this Agreement or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof.
  2. Supplemental Terms may apply to certain Services, such as policies for any particular event, activity or promotion, and such supplemental terms will be published on our Services in connection with the applicable Services from time to time.
  3. Supplemental Terms are in addition to, and shall be considered a part of, the Terms of Service, as may be applicable to the purposes of the applicable Services. Supplemental Terms shall prevail over the above mentioned applicable terms in the event of a conflict with respect to the applicable Services.
  4. Pertaining to the requirement of any Additional Services, user’s and/or MobStac’s requests for changes shall be made in writing and delivered to the user or MobStac, as the case may be. The Parties will review the proposed change(s) and determine the effect that the implementation of the change will have on price, schedule, and other terms and conditions pertaining to the MobStac Solutions. Upon completion of the review, any changes in price, schedule, or other terms will be documented, as the Parties select, including by way of placing a separate Purchase Order.
  5. Our collection and use of personal information in connection with the Services is as provided in MobStac Privacy Policy located at https://www.beaconstac.com/privacy
  6. MobStac will take reasonable efforts to ensure a Monthly Uptime Percentage of at least 99.0%, in each case during any monthly billing cycle.

In case of incorporation of any new legislation or any amendments to the existing legislation governing data of any individual, some of the clauses of this Agreement may either be updated or deleted without any notice, to comply with the said provisions of the applicable legislation. Hence it is advisable to check this Agreement from time to time.

5. Purchase Order

The user shall place a purchase order on MobStac for the Products it requires (“Purchase Order”) through MobStac’s Website (https://www.beaconstac.com/). The Purchase Order shall contain delivery terms, including place and schedule of delivery and such other information as may be required to enable delivery. Each Purchase Order shall be irrevocable and non-cancellable. Once a Purchase Order is accepted by MobStac, the terms thereof may not be varied, unless it is otherwise mutually agreed by the Parties. The Purchase Order shall be governed by the terms hereof and shall form a part of this Agreement. Unless otherwise specifically provided for in a Purchase Order, the terms of this Agreement shall prevail over any conflicting terms that may be set out in a Purchase Order.

6. Shipment

Once the payment pursuant to a Purchase Order is duly completed as set out in Clause 13 below, MobStac will ship the Products to the user. Shipments of the Products shall be made FCA (Incoterms 2010) MobStac’s or its affiliate’s facility (“Point of Origin”). Notwithstanding the foregoing, title to the Products and risk of loss will pass to the user upon delivery to the carrier at the Point of Origin. For shipments outside the United States, the user shall be responsible for clearing the Product shipment for import and shall pay applicable duties, taxes and other charges, if any, upon import. The user acknowledges and agrees that the scheduled shipment dates mentioned in the invoice, if any, are purely indicative, and MobStac shall not liable for any loss, damage or penalty on account of such delay.

7. Acceptance of Products

If the Products supplied by MobStac do not function according to its specifications and any documentation provided thereto, then the user may contact MobStac via legal@mobstac.com within 15 (fifteen) days of delivery of the concerned Product, failing which, the Products delivered shall be deemed accepted by the user. Accordingly, MobStac may, at the user’s option, arrange for either: (i) replacement of the Product within a commercially reasonable time period; or (ii) a refund of the Product, less shipping costs.

8. License Grant

  1. MobStac grants you a revocable, non-exclusive, non-transferable, limited license to download, install and use its Services including but not limited to its Website, its products, its server software applications, Software Development Kit (SDK) or any other software supplied by MobStac strictly in accordance with these Terms.
  2. You may not rent, lease, sell, redistribute, or sublicense the licensed Services, nor copy, decompile, reverse engineer, disassemble the Products and Services including but not limited to Website, our beacon hardware products, our server software application, Software Development Kit (SDK) or any other software supplied by MobStac.
  3. 9. Third Party Interactions

    1. The Services may contain links to third-party Websites (“Third-Party Websites”) and Apps (“Third-Party Apps”) and advertisements (“Third-Party Advertisements”) (collectively, “Third-Party Websites & Advertisements”).
    2. When you click on a link to a Third-Party Website, Third-Party App or Third-Party Advertisement, we will not warn you that you have left our Website, server or Services and we will not warn you that you are subject to the Terms and Conditions (including privacy policies) of another website or destination. Such Third-Party Websites & Advertisements are not under the control of MobStac. We are not responsible for any Third-Party Websites, Third-Party Applications, or any Third-Party Advertisements.
    3. We provide these Third-Party Websites & Advertisements only as a convenience and do not review, approve, monitor, endorse, warrant, or make any representations with respect to such Third-Party Websites & Advertisements, or their products or Services.
    4. You use all links in Third-Party Websites & Advertisements at your own risk. You should review applicable terms and policies, including privacy and data gathering practices of any Third-Party Websites or Third-Party Apps, and make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
    5. You acknowledge and agree that our Services are not responsible or liable for: (i) the availability or accuracy of such links, websites or any other resources; or (ii) the content, products, or services on or available from such links websites or resources.

    10. Prohibited Uses

    You represent and warrant that you will not use our Services to:

    1. Transmit content that violates the privacy, intellectual property, or other proprietary rights owned by us or any other party;
    2. Transmit viruses, Trojan horses, worms, malicious code, or other harmful or destructive content; Violate this Agreement, or any applicable law or regulation, including without limitation to laws designed to regulate unsolicited email or other electronic advertising;
    3. Attempt to probe, scan, test, re-engineer or violate the security features of our Services or of any associated system or network, or to obtain unauthorized access to materials or other information stored thereon;
    4. Attempt to sell, resell, transfer, assign, license, sublicense, pledge, lease, rent, distribute, timeshare, or share or otherwise commercially exploit or make the Services available to or for the benefit of any third party, other than the bonafide end-users of its Application
    5. Attempt to interfere with or disrupt the integrity or provision of the Services or the data contained therein
    6. Exploit or present minors in a sexual way, or promote adult sexual Services, representing a private person offering to trade or sell drugs, firearms, or other hazardous materials, including any indication of promotion of hate speech
    7. Remove any copyright, trademark, or other proprietary notices from any portion of the Services;
    8. Use meta tags, hidden text or metadata with our trademark, logo, URL or product name without our written consent.
    9. Use our user information to forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use our Services to send altered source-identifying information.
    10. Share your password, let anyone access your account or do anything that might put your account at risk, sell your username or otherwise transfer it for compensation.
    11. Encourage or help anyone do any of the things on this list
    12. Attempt to interfere with the use of the Services by any other manner not expressly mentioned above.
    13. Cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services.
    14. Attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
    15. Commit or attempt to commit an act of money laundering or any other unlawful act in respect of Services rendered.
    16. The user also agrees to ensure that the end-users of its Native App, if any, shall avail the Services in accordance with the terms of this Agreement.

    We reserve the right to cooperate fully in any investigation by law enforcement officials of any violation of this Agreement. We also reserve the right to terminate your use of the Services for violating any of the prohibited uses.

    11. Account Access

    1. To use most aspects of our Services, you must register for and maintain an active personal user Services account (“Account”). You must be at least eighteen (18) years of age. If you violate this clause then we do not take any liability for the same under any legislation, regulation, prevailing rules etc. that govern minors and/or students under the age of 18.
    2. Account registration requires you to submit to MobStac certain personal information, including but not limited to your name, email address, contact number, and credit card information.
    3. You agree to maintain accurate, complete, and up-to-date information in your account. Your failure to maintain accurate, complete, and up-to-date account information, may result in your inability to access and use the Services or MobStac’s termination of these Terms with you.
    4. You are responsible for all activity that occurs under your account, and you agree to maintain the security and secrecy of your account username and password at all times.

    12. User Requirements & Conduct

    1. You will not modify, create derivative works of, decompile or otherwise attempt to extract source code and object code from us. You agree that you will not upload, share, or otherwise distribute any Service Data that is against any terms mentioned in Clause 10.
    2. We have the right at our sole discretion to remove any Service Data of any kind that, in our judgment, does not comply with these Terms of Service and any other rules of user conduct, or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such content.
    3. The user will take all reasonable precautions necessary to perpetually keep confidential and safeguard the confidentiality of the Confidential Information, including: (i) those taken by it to protect its own confidential information; and (ii) those which MobStac may reasonably request from time to time.
    4. Upon termination of this Agreement for any reason or at the written request of MobStac, the user shall promptly, (a) return; or (b) destroy, all the Confidential Information.

    13. Payment and Commercial Terms

    1. User purchasing any of the Services including any beacon hardware shall pay for the amounts set out in the Purchase Order at the time of placing the Purchase Order.
    2. User shall be responsible for payment of any sales or use taxes associated with the Purchase Order. The fee payable to MobStac is not inclusive of the any and all applicable taxes including without limitation to other expenses such as shipping charges, which shall be borne at the actuals by the user.
    3. If, in case user’s payment is not received by MobStac, your Purchase Order will not be placed or processed until payment is received by us. All Purchase Order payments are non-refundable. All payments made by credit card or wire transfer or demand draft or cheque for availing any of our Services are strictly non-refundable and non-transferable

    14. Intellectual Property Rights

    1. The content displayed on the Services is our copyrighted property. Similarly, the Services name and its original content, features and functionality are owned by MobStac and are protected by copyright, trademark, and other intellectual property rights. Copying, distributing, modifying, or creating derivative works of our Services without our written permission is strictly prohibited.
    2. Neither your use of the Services nor this Agreement grants you any right, title or interest in our copyrights, trademarks and patents or the intellectual properties so owned by us.
    3. MobStac's trademarks and/or service marks may not be used in connection with any product or service that is not provided by MobStac, in any manner that is likely to cause confusion among customers or users of the Website, tarnishes or dilutes the marks, or disparages or discredits MobStac.
    4. Our Services include a user interface that allows you to upload user content. You are granted a limited right to use those Services only in conjunction with the Services and in accordance with these Terms of Service.

    14. Notice of Copyright or Intellectual Property Infringement

    Please notify us if you believe any of your intellectual property rights have been infringed by a user of our Services. Please write to us at legal@mobstac.com for complaints and customer service inquiries.

    16. User Support

    1. By creating an Account, you agree that we may send you email communications as part of the normal business operation of your use of the Services. You may opt-out of receiving such communication by writing to us at legal@mobstac.com.You acknowledge that opting out of such communication may impact your use of the Services.
    2. MobStac will provide such support and information as the user may require in the course of availing of the Services, defining specific use-cases.
    3. The support may be provided via phone and/or email, the contact details whereof shall be shared separately with the user.

    16. User Support

    1. By creating an Account, you agree that we may send you email communications as part of the normal business operation of your use of the Services. You may opt-out of receiving such communication by writing to us at legal@mobstac.com.You acknowledge that opting out of such communication may impact your use of the Services.
    2. MobStac will provide such support and information as the user may require in the course of availing of the Services, defining specific use-cases.
    3. The support may be provided via phone and/or email, the contact details whereof shall be shared separately with the user.

    17. Network Access & Devices

    1. You are responsible for obtaining the data network access necessary to use the Services. Your network’s data and rates and fees may apply if you access or use the Services from a wireless-enabled device and you shall be responsible for such rates and fees.
    2. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and any updates thereto. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.

    18. Disclaimers & Limitation of Liability

    DISCLAIMER OF WARRANTIES

    THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” MOBSTAC DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, MOBSTAC MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE SERVICES OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

    LIMITATION OF LIABILITY

    YOUR EXCLUSIVE REMEDY AND MOBSTAC'S ENTIRE LIABILITY, IF ANY, FOR ANY CLAIMS ARISING OUT OF THE SERVICES SHALL BE LIMITED TO THE AMOUNT YOU PAID MOBSTAC, IF ANY, DURING THE ONE-MONTH PERIOD BEFORE THE ACT GIVING RISE TO THE LIABILITY.

    IN NO EVENT SHALL MOBSTAC BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICES.

    YOU ARE SOLELY RESPONSIBLE FOR MAKING BACKUP COPIES OF ANY AND ALL OF YOUR CONTENT. MOBSTAC SHALL NOT BE LIABLE FOR ANY LOSS OF OR DAMAGE TO YOUR CONTENT.

    19. Indemnity

    You acknowledge to defend, indemnify and hold MobStac, its affiliates, subsidiaries, directors, officers, employees, agents, partners and any other licensors (each, an “Indemnified Party”) harmless from and against any claim, disputes or demand, including reasonable attorneys’ fees, made by a third party, relating to, or arising from:

    1. Your violation of any third-party right, including without limitation to any right to privacy, publicity rights or intellectual property rights, including content the user distributes through the Services;
    2. Your wrongful or improper use of the Services;
    3. Your violation of any applicable laws, rules or regulations or any other applicable law through or related to the use of our Services;
    4. The indemnifications set forth above will survive the termination or expiration of this Agreement and/or your use of the Services.

    You shall not hold MobStac to be liable for any indirect, consequential, incidental, special or exemplary damages, or any lost profits or opportunities arising out of or in connection with the provision of the MobStac Solutions and the Services or the use or inability to avail of the same, loss of data, theft of data by third parties, the breach of any express or implied warranty, or otherwise in connection with these Terms and Conditions, even if MobStac or the user, as the case may be, has been advised of the possibility of such damages.

    20. 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 of the Agreement will continue in full force and effect.

    21. Termination

    1. These Terms of Service shall continue to be in effect for the term of availing the Services unless otherwise terminated earlier in accordance with clause 21.
    2. Either Party may terminate these Terms at any time by providing a prior written notice of 30 (thirty) days to the other Party. In such event, the user shall pay MobStac all fees due under all Purchase Orders that have been accepted. Either Party may terminate these Terms and Conditions if it becomes aware of a material breach of this Agreement by the other party and/or the Purchase Order and failed to remedy the breach within thirty days of receipt of written notice of the breach. Notwithstanding the foregoing, the arrangement contemplated hereunder may be terminated immediately by either Party in the event of: (a) breach of Clauses 12.c, 12.d and 14; (b) sale by either Party of all or substantially all of the assets, or transfer of a controlling interest to an unaffiliated third party; or (c) insolvency.
    3. Notwithstanding the termination of these Terms, the Services due under any pending Purchase Order shall be provided in accordance with the terms hereof (and the concerned Purchase Order) unless each such Purchase Order is specifically terminated by the Parties in the manner provided for herein.
    4. Some provisions including but not limited to ownership provisions, warranty disclaimers, limitations of liability etc due to their nature shall survive termination of this Agreement. Termination of your access to and use of the Services shall not relieve you from any obligations arising or accruing prior to such termination or limit any liability which they otherwise may have to MobStac or any third party.

    22. Changes to Terms

    MobStac reserves the right to modify the Terms of this Agreement or its policies at any time, effective upon posting of an updated version of this Agreement on its Services. You should regularly review this Agreement, as your continued use of the Services after any such changes constitutes your agreement to such changes.

    23. Entire Agreement

    The Terms, together with any additional terms and conditions incorporated herein or referred to herein constitute the entire Agreement between MobStac and you, relating to the subject matter hereof, and supersedes any prior understanding or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on our Services.

    24. Governing Laws

    The Agreement and any dispute arising from the same will be governed by the laws applicable in India and and/or applicable as applied to agreements entered into and to be performed entirely within India, without regard to its choice of law or conflicts of law principles.

    25. Compliance with laws

    1. You represent and warrant that your use of our Services will comply with all applicable laws and regulations. You may not use our service for any unlawful or discriminatory activities, including acts prohibited by the laws in India that apply to commerce.
    2. You have complied, and will comply, with all regulations, as well as data protection, electronic communication, and privacy laws that apply to the countries where you’re sending any form of communication through our Services.
    3. You Agree to indemnify and hold us harmless from any losses, including attorney fees, which result from your breach of any part of these warranties.

    26. Disputes

    Disputes are defined as any claim, controversy, or dispute between you and MobStac, including any claims relating in any way to the present Agreement, any Supplemental Terms, or the Services, amendments, or any other aspects of the Agreement.

    Binding Individual Arbitration

    1. You and MobStac agree to arbitrate any and all disputes by a neutral arbitrator appointed by us who has the power to award the same damages and relief that a court can.
    2. Any arbitration under these general terms will only be on an individual basis.
    3. Class arbitrations, class actions, private attorney general actions, representative actions and consolidation with other arbitrations are not permitted.
    4. You waive any right to have your case decided by a jury and further waive any right to participate in a class action against MobStac.
    5. If any provision of this Arbitration Agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced (but in no case, will there be a class or representative arbitration).
    6. All disputes will be resolved finally and exclusively by binding individual arbitration with a single arbitrator administered by the provisions of Arbitration and Conciliation Act, 1996.
    7. Any arbitration hearing will occur in India, or another mutually agreeable location

    Powers of ArbitratorThe arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and the MobStac. The arbitration proceeding will not be consolidated with any other matters or joined with any other proceedings or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum rules, and this Agreement (including this Arbitration Agreement). The arbitrator will issue a written statement of decision describing the essential findings and conclusions on which any award (or decision not to render an award) is based, including the calculation of any damages awarded. The arbitrator shall follow the applicable law. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The arbitrator’s decision is final and binding on you and MobStac.

    Opt Out. You may opt out of this Arbitration Agreement. If you do so, neither you nor MobStac can force the other to arbitrate as a result of this Agreement. To opt out, you must notify us in writing no later than 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, username (if any), the email address you used to set up your account, and a CLEAR statement that you want to opt out of this Arbitration Agreement. You must send opt-out notice to: legal@mobstac.com .If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may have entered into with us or may enter into in the future with us.

    NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, NOTHING IN THIS AGREEMENT SHALL SUPERSEDE, AMEND, OR MODIFY THE TERMS OF ANY SEPARATE AGREEMENT(S) BETWEEN YOU AND MOBSTAC RELATING TO YOUR WORK AS AN EMPLOYEE OR INDEPENDENT CONTRACTOR, INCLUDING WITHOUT LIMITATION, ANY INDEPENDENT CONTRACTOR AGREEMENT GOVERNING YOUR SERVICES.

    27. Other Provisions

    1. Notice

      MobStac may give notice by means of a general notice on the Services via electronic mail to your email address, you may give notice to MobStac via electronic mail to our email address.

    2. General

      You may not assign or transfer these Terms in whole or in part without MobStac’s prior written approval. You give your approval to MobStac for us to assign or transfer these Terms in whole or in part, including to: (i) a subsidiary or affiliate; (ii) an acquirer of MobStac’s equity, business or assets; or (iii) a successor by merger. No joint venture, partnership, employment or agency relationship exists between you, MobStac or any third-party provider as a result of the contract between you and MobStac for use of the Services.

    28. Cookies

    Our Services use cookies. For more details you can refer to the Cookie Policy here.

    29. Updates to Services

    1. MobStac may from time to time provide enhancements or improvements to the features/functionality of Services, which may include patches, bug fixes, updates, upgrades and other modifications ("Updates").
    2. Updates may modify or delete certain features and/or functionalities of the Services. You agree that MobStac has no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of Services to you.
    3. You further agree that all Updates will be (i) deemed to constitute an integral part of the Services, and (ii) subject to the Terms of this Agreement.

    30. No Changes in Terms at User Request

    The terms mentioned herein shall not be subject to change as per user request. The same terms and conditions of use shall be applicable for all users.

    31. Contact Information

    MobStac welcomes your questions or comments regarding the Terms, you can email us at legal@mobstac.com