Please read through these conditions of use!
1 - GENERAL INFORMATION AND DEFINITIONS
MobileFirms is a directory for mobile app marketing companies. Registered users are described as “members” (hereafter “members” or “you”).
2 - PLATFORM OPERATOR / SCOPE
2.1 - The Terms and Conditions of Use apply to the utilisation of MobileFirms, regardless of the accessed domain or sub-domain.
2.2 - The contracting partner of all members is MobileFirms, S.L. Spanish company owner of the website. Address: Carrer Sant Francesc, nº 4, Cerdanyola. Spain Tax Identification number B-66182221. (hereafter “MobileFirms”), which creates and operates MobileFirms.
2.3 - The Terms and Conditions of Use also apply if the website or parts of it are accessible from other websites, which entirely or partially enable access to MobileFirms.
3 - GENERAL PROVISIONS
3.1 - Scope
Upon registration, you acknowledge these Terms and Conditions of Use for all legal transactions within the context of MobileFirms and declare your consent. With the activation of your access to MobileFirms via the login section, a corresponding contractual relationship is created between you and MobileFirms.
Supplemental agreements can apply to specific functions and offers. If such a supplement exists, we explicitly refer you to this supplemental agreement, which you acknowledge as binding for you by usage.
3.2 - Membership
Upon registration, you will become a member of MobileFirms if you are of full age and as a merchant for your commercial or professional activity. According to tax laws, you’ll have to be able to provide proven certification of your company registration and/or VAT number certificates needed to comply with VAT regulations. No entitlement exists to membership; we can refuse membership, subject to specific reasons. If membership has been refused or terminated by us, re-registration is prohibited. The member’s data is to be provided truthfully and kept updated in case of any changes. The access data to the platform are to be kept confidential. The user name, which you provide, must not violate prevailing laws and morality.
Only one membership or user access is admissible per person/company/department, which is not transferable.
3.3 - Content created by members
For the creation of portal content (comments or other types of user contributions), in addition to these Terms and Conditions of Use, you must observe prevailing laws, in particular, no copyright/trademark or other infringements of intellectual property rights may be committed or personal rights injured.
The content of the profiles are exclusively created by the members. We assume no liability for this.
3.4 - Rights of use of ideas, proposals and other content provided by the user.
3.4.1 - With the uploading of any content you must ensure that you hold the necessary rights of use. You must ensure that you are fully authorised and in a position of being able to transfer the respective, contractually agreed rights of use.
3.4.2 - Pre-made and third party created templates are not allowed in MobileFirms.
3.4.3 - You acknowledge that MobileFirms does not check or endorse or assume any liability for content, which is provided by you on MobileFirms.
3.5 - Economic conditions. Fees.
3.5.1 - Fee amounts will be stated in the near future. According to the “Fee system directive”, MobileFirms will be able to change, reduce or increase the fees.
3.5.2 - MobileFirms has the right to send users the corresponding invoices via E-mail.
3.5.3 - Fees are stated as a net price, and VAT and taxes shall be added, if any.
3.6 - Rejecting / amending / deleting users, content and comments
3.6.1 - In case of violations of third party rights or other legal regulations, we reserve the right to block or delete members, project, proposals, comments and other content without prior notice, as well as arranging other measures, in order to prevent misuse of MobileFirms.
3.6.2 - MobileFirms will be entitled to cancel an account if any important reason is provided, and therefore to erase their details and data, and to forbid any future usage of the platform to that user. An important reason would be any infringement of conditions stated in section 4. If an account is cancelled, there will be no restoration right for their profile. A cancellation shall be also applied if fees are not properly paid.
3.6.3 - If a user has the right to cancel their account immediately, fees shall be refunded if given important reasons are exclusive responsibility of MobileFirms.
3.6.4 - In order to restore the platform in case of technical problems, we reserve the right to change over to an older content status. The members have no entitlement to have all of their entered content available to an unlimited extent.
3.7 - Availability and enhancement of the MobileFirms platform
3.7.1 - We make MobileFirms available in the type and with the functionalities, which are currently available. There is no entitlement to availability or retention of functionalities and content.
3.7.2 - No warranty is assumed for the availability of MobileFirms. Liability for the consequences and losses incurred due to reduced availability is excluded.
4 - LIABILITY
4.1 - Liability by the member
You shall be obligated to exempt and hold us harmless from any types of legal actions, damages, losses or claims that could arise through your registration. You are particularly obligated to exempt us from any liability and claims, which arise from losses incurred due to defamation, libel, infringement of personal rights, due to stoppage of services for other members, an infringement of these rights of use, violation of intangible goods or other rights.
You are obligated not to abuse MobileFirms, particularly:
Maintaining a respectful communication style when communicating with other members, even with differing opinions;
Not disseminating defamatory, objectionable or otherwise illegal materials or such information through MobileFirms;
Not threatening or harassing other persons or infringing the rights (including personal rights) of third parties;
Not using any data or content to MobileFirms,
a) which could damage or impair the computer of another user, which contain a virus (infected software) or would enable you or another person to illegally access software or bypass the security on websites or servers, or
b) for which you do not hold the necessary rights of use;
- not using the service in a manner that negatively influences the availability of the services for other members.
- providing links to other websites, which violate this code of conduct.
The non-observance of one of the previously mentioned duties can result in immediate cancellation of the usage agreement, as well as civil law and criminal law consequences for you personally. We particularly reserve the right to exclude you from MobileFirms with immediate effect if, in the opinion of the operator, immoral, obscene, or political right/left radical content or images were intended to be disseminated upon registration or use of the service.
4.2 - Our liability
The liability for the offered rights of use lies exclusively with the user.
If the user data is used abusively by, for example, being passed on in an unauthorised manner or not sufficiently protected, the respective member shall be held liable for the loss incurred.
To the extent that our liability is excluded or limited, this will also apply to the personal liability of our employees and authorised representatives.
Our liability is limited to the anticipated damages or loss typically anticipated within the contest of this contract. This limitation shall not apply to compensation claims on the basis of premeditated misconduct or fraud on our part, to liability cases in relation to explicitly guarantee quality characteristics, to claims within the context of product liability law or to losses arising from death or personal injury.
We shall not be held liable for data loss or damage to data, to the extent that a loss would not have occurred in the case of proper data backup, unless we have failed to properly inform the members about data backup measures.
4.3.- Right of Exclusion.
4.3.1. Users removal.
MobileFirms welcomes all mobile app marketing companies. However, MobileFirms reserves the right to remove from its directory, at any time and without prior notice, those user profiles that:
· Impersonate the identity of other companies or users.
· Use web crawlers or unrighteous methods showing unusual and irregular patterns in the visits received in a clear attempt to gain notoriety. If this is concerning a specific part of a profile, MobileFirms may delete the aforementioned. If the odd activities persist, the user profile will be removed and banned.
· Duplicate company profiles.
· Share mobile applications which content promotes malware or any kind of xenophobia, racism or discrimination of any human collective.
· Share mobile applications which content promotes human or animal abuse.
· Share mobile applications which content is defamatory, harmful or objectionable.
· Share mobile applications that infringe third party rights, especially rights of intellectual property.
· Share harmful links to the user.
· Have a spam purpose.
Finally, MobileFirms will remove from its directory anyone who does not have a clear mobile app marketing company profile.
5 - DATA PROTECTION
In order to provide the agency service, we must enter, process and use data. The data entered on MobileFirms is saved in accordance with the data protection provisions that are valid in Spain and not disclosed to third parties, unless it is necessary for the provision of the agency service or a legal obligation exists for disclosure. You declare your agreement to the saving and processing of your data in accordance with the legal data protection principles.
Members are notified by e-mail regarding invoice information.
6 - CANCELLATION AND DELETION
The contractual relationship between the members and ourselves can be cancelled properly in written form by both parties subject to a notice period of one week. During the term of the cancellation notice period we are entitled to block members.
We are entitled to fully or partially transfer all rights and duties arising from the utilisation relationship to third parties, after an information period of four weeks. If a member should object to this, they shall only have the option of terminating their membership by deleting the access.
7 - USE OF GOOGLE ANALYTICS
This website uses Google Analytics, a web analytic service provided by Google Inc. (“Google"). Google Analytics uses "cookies", which are text files placed on your computer, to help the website analyse how users use the site. The information generated by the cookie about your use of the website (including your IP address) will be transmitted to and stored by Google on servers in the United States.
Google will use this information with evaluating purposes of your use of the website, compiling reports on website activity for website operators and providing other services relating relating to website activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google's behalf.
8 -RIGHT OF REVOCATION
If you're not using the service for your commercial or freelancer professional activity, you're entitled to this right of revocation.
Power of revocation
Right of revocation:
You're entitled to revoke your contractual statement without further reason within 7 days in written format ( i.E. by letter, fax or E-mail). Consequences of the revocation:
Your revocation right will be prematurely expired if the contract has been fulfilled from both parties at your specific request, before you have used your revoking right.
9 - FINAL PROVISION
9.1 - Applicable law and legal jurisdiction
The legal jurisdiction for all legal disputes arising from or in connection with the utilisation relationship between you and MobileFirms is Barcelona.
The Spanish law exclusively applies to the contractual relationship between you and us.
9.2 - Written form, declarations
Changes or amendments to the contract concluded between you and us are only valid if they have been agreed in writing. This also applies to a change to this written form clause. All declarations issued by us can be sent to you electronically.
9.3 - Change to the Terms and Conditions of Use
We reserve the right to change these Terms and Conditions of Use at any time and without specifying reasons. Such changes will be notified to you by e-mail. You will be provided with the opportunity of saving or printing out the changes in a readable form. These changes shall be regarded as approved, if you do not object in writing or by e-mail. We shall specifically point this consequence out to you upon notification. You must send the objection to us within four days after notification of the changes.
9.4 - Severability clause
If a provision of these Terms and Conditions of Use should be invalid, this shall not affect the remaining provisions. The invalid provision shall be regarded as replaced by one which comes closest to the commercial purpose of the invalid provision in a legally valid manner. The same shall apply to possible regulatory holes.
9.5 - Saving of the contract text
Within the context of concluding the contract, we do not save the contract text with the General Terms and Conditions. You are therefore advised to save the contract text that is valid at the time of concluding the contract and accessible on our website on your hard disk, or to archive it in another manner.
Terms and Conditions valid from 01.01.2017
1 - INFORMATION RIGHTS AND EXPRESS CONSENT
The data protection policy governs access and use of the website www.mobilefirms.co (hereinafter, the “Website”) that the company MobileFirms, S.L. (hereinafter, “MobileFirms”) makes available, free of charge, to Internet users interested in the site's services and content (hereafter "Users").
MobileFirms informs its Users that files containing personal data have been created by MobileFirms and are dully filed with the Data Protection Registry.
MobileFirms does not sell or rent its users’ personal data to third parties with commercial purposes without the users’ prior consent. However, MobileFirms is enabled to disclose personal data in order to (i) fulfill a legal requirement, (ii) demand the fulfillment of its policies, (iii) answer claims regarding the breach or protection of any third party’s rights or its property or security, in the event they are affected by advertisements or contents.
2 - PURPOSE
The Users personal data are collected with the following purposes:
To manage the online directory MobileFirms.co.
To send e-communications with promotional and informative purposes regarding the software sector or any others that could be interesting, as the ones indicated on clause 7 below.
3 - MANDATORY OR OPTIONAL NATURE OF THE INFORMATION PROVIDED BY THE USER AND RELIABILITY OF THE INFORMATION
The User must complete the fields specified with an asterisk (*) in the registration form, as they are strictly necessary to respond to its request. The filling of the other fields is voluntary.
The User guarantees that the personal information provided is true and agrees to inform MobileFirms of any changes to the same.
The User guarantees that the personal information provided is exact and up to date and reflects the User's current status. The User is responsible for keeping their information up to date at all times. The User is responsible for any mistake or error in the data provided, and shall be liable for any damage deriving from said errors, as regards MobileFirms or third parties, by virtue of using the services offered by MobileFirms.
4 - USER CONSENT
By filling of the form and sending personal data, the User declares to have read and expressly accepted the legal terms, and grants his or her consent to the automated handling of his or her details, according with the purposes being informed and services provided by MobileFirms.
Moreover, the User expressly consents that their opinions and the contents provided by them are handled by MobileFirms for the indicated purposes.
5 - CONNECTING THROUGH GOOGLE AND FACEBOOK
The User registered through its Google or Facebook is transferring their Google or Facebook data to their MobileFirms user profile.
By doing so, the User will link their Google or Facebook profile, when applicable, with its MobileFirms profile, and the User who was not previously registered will be registered in MobileFirms, accepting the Website’s legal terms, in order to carry out such linking.
6 - ELECTRONIC COMMUNICATIONS
By completing and submitting an electronic form to MobileFirms, Users expressly consent to receive bulletins concerning the most relevant news, innovation, and information regarding the website, as well as electronic communications relating to the sector and the following sectors:
IT and Technology
IT, software and technology
Digital TV / Satellite / Cable
MobileFirms has established mechanisms by which users can reject said services, simply and at zero cost.
To do so the user must enter the access menu and de-activate the relevant sending options in the electronic communications section. Users can also deactivate this service by clicking on the unsubscribe option at the bottom of the e-mails received.
7 - SECURITY
MobileFirms informs its Users that it has adopted the technical and organizational measures laid down by law to protect their personal data and to prevent it from being altered, lost, handled or accessed without authorization, bearing in mind the status of the technology, nature of the data saved and the risks to which they are exposed, in accordance with all the regulations in force.
8 - COOKIES AND IPS
9 - RIGHT TO ACCESS, CORRECT AND CANCEL PERSONAL DATA
The User is entitled to access this information, correct it if there are mistakes and cancel their MobileFirms account.
Users can exercise these rights via the configuration menu in their personal profile, which they can access using their email address and password.
If users experience problems while exercising their online rights or if they have doubts or questions related to our Personal Data Protection Policy they can contact us directly at firstname.lastname@example.org indicating the reference matter.
Personal data processing, as well as commercial electronic communications, are in accordance with the regulations currently in force.
10 - MODIFICATION OF THE DATA PROTECTION POLICY
MobileFirms reserves its right to modify this policy to adapt it to future legislative or case law developments.
11 - APPLICABLE LAW
Unless a specific local regulation sets forth the contrary, the Data Protection Policy and the rest of the Legal Conditions concerning the website are governed by Spanish law.
12 - COOKIES POLICY
What are cookies?
A cookie is a file which is downloaded on your computer when you access certain web pages.
Among other things, cookies allow a web page to store and retrieve information about user or device-specific browsing habits. Depending on the information which they contain, and the way the equipment is used, they can also be used to recognize the user.
Which types of cookies do we use?
Cookies are files which are sent to a browser via a web server to register a User of MobileFirms' activities on either a specific web page or all pages, apps and/or services (from here on, the Services). The main aim of cookies is to give the User faster access to the selected Services. Furthermore, services and adverts can be personalized using cookies, meaning each User can be offered potentially interesting information, selected based on the way they user the Services.
Additionally, MobileFirms can keep informed of the Services solicited by Users, meaning they can put at their disposal suitable information for the tastes and preferences of each User.
Classification, aims and implementation of cookies on MobileFirms:
Cookies can be divided into session-only and permanent, according to how long they last. The former expire when the User closes their browser. The latter expire when they've completed their designated purpose (for example, keeping the User identified in the website's Services) or can be manually deleted.
REGISTRATION COOKIES: Registration cookies are generated once the User has registered or previously opened their session, and are used to identify them in the Services section with the following objectives in mind:
Keeping track of the user. If a Service is closed and then reopened using the same browser or computer, the user will remain identified, making for easier site navigation. This mode can be switched off by clicking “close session”, which eliminates the cookie and means the User must open the session again to be identified the next time they use the Service in question.
Additionally, some Services might be connected to social networks like Facebook. When the User registers in a Service with social networking features, the network is authorized to save a persistent cookie which remembers their identity and guarantees access to the Services until it expires. The User can delete this cookie and revoke access to the Services by updating their preference in the social network in question.
ANALYTIC COOKIES: Each time a User visits a Service, a tool created by an external provider (specifically, Google Analytics) generates an analytical cookie in the User's computer. This cookie, which is only created by visits, is used to anonymously track the User's subsequent visits to this web page. The main reasons for this include:
Allowing anonymous tracking of browsing Users via the cookie (Only browsers and devices are identified, not people). This means approximate numbers of visits and visit times can be recorded.
Identifying (again, anonymously) the most often-visited, and therefore most relevant content for Users
Knowing if the User who is browsing is new or a repeat visit.
Important: Unless the User decides to register for one of MobileFirms Services, the cookie will never be associated with any personal information which could identify them. These cookies will only be used with purposefully-created statistics which help optimize the User's experience on the site.
How do I disable cookies in the most common browsers?
Normally, it's possible to set browsers to reject cookies, or to stop accepting the cookies of one Service in particular.
All modern browsers allow you to update cookie preferences. These setting are normally found in “Options” or “Settings” in your browser menu. Here, you can also configure your browser or email provider, as well as install free tools to help you avoid downloading Web Bugs when you open an email.
We offer guidance on how to access the cookie preferences menu, and, where necessary, on browsing privacy in each of the main browsers:
Internet Explorer: Tools>-> Internet Options -> Privacy -> Settings. For more information, please consult Microsoft's customer help services, or the Help section of your browser.
Firefox: Tools -> Options -> Privacy -> History -> Personalized Setup. For more information, please consult Mozilla's customer help services, or the Help section of your browser.
Chrome: Configuration -> Show advanced options -> Privacy -> Content settings. For more information, please consult Google's customer help services, or the Help section of your browser.
Safari: Preferences -> Security. For more information, please consult Apple's customer help services, or the Help section of your browser.
What happens if cookies are disabled?
Some functions of the Services will be disabled, such as, for example, the ability to remain identified and receives location-specific information.
CHANGES AND UPDATES IN PRIVACY/COOKIES POLICIES:
1 - Definitions and Purpose.
1.1 - Under the present contract, MobileFirms shall provide the user the services specified on the web service form (hereinafter, the Service), as well as any additional services that the user decides to incorporate into the Service.
1.2 - Definitions:
Regular: This is the service that MobileFirms offers free of charge to users for publishing their offerings. MobileFirms reserves the right to modify the conditions of this service at any time or to discontinue the service at any time.
With regard to the Service, the user expressly declare their commitment to:
2.1 - Comply with the data protection policy and the e-commerce law and other applicable laws and regulations.
2.2 - Process the data of the Users only in accordance with the explicit and legal purposes stated as such in this agreement and the legal terms published on the MobileFirms website.
2.3 - Not transfer the personal data of the Users to physical persons or legal entities other than those which may have been expressly authorized by this contract or in the electronic forms located on the website.
2.4 - Protect the personal data to which they have access, guaranteeing their confidentiality and preventing unauthorized third parties from gaining access to said data.
2.6 - The user must keep its passwords for accessing the Service confidential.
3 - Obligations and Declarations.
3.1 - The user declares that the inclusion of the user's content and logos, are not linked to any illegal activity nor do they compromise the image and/or rights of MobileFirms or third parties. All of the information that the user provides to MobileFirms must be legal and truthful, and must not risk infringement of the rights of third parties. In this regard, the user guarantees the truthfulness of all the information provided to MobileFirms. In addition, the user shall be responsible for maintaining all of the information provided to MobileFirms up to date and adapted at all times to the current situation of the user. In any case, the user shall be the sole party responsible for any false or inaccurate statements that it makes and for the damage that this may cause MobileFirms or the users.
3.2 - MobileFirms undertakes to provide the user the Services that it subscribes on the page for selecting the services, according to the terms set out in the present General Conditions and Special Conditions published on the website.
3.3 - MobileFirms reserves the right to temporarily suspend provision of the Service due to the possible need of carrying out maintenance, repair, update and improvement of said Service. MobileFirms also reserves the right to modify the present Terms and Conditions, as well as the systems, content and services related to them, providing advanced notice to the user of at least fifteen (15) calendar days through the user's private menu on MobileFirms and/or by sending an e-mail to the address provided by the user. The user's continued use of the Service provided by MobileFirms after notification of modifications by MobileFirms shall be understood as the user's acceptance of such modifications.
3.4 - In addition, the Service shall be contingent on the state of the Internet telecommunications network. Therefore, MobileFirms shall not be responsible for interruptions, delays, errors, malfunctioning of the Service and other inconveniences that are due to causes beyond the control of MobileFirms, and/or due to an act of negligence, whether attributable to the user or not, and/or acts caused by force majeure. Without prejudice of that established in Article 1105 of the Spanish Civil Code, and for the purposes of the present contract, the concept of force majeure shall be understood as including any events that occur beyond the control of MobileFirms, and especially failures of third parties, operators or service companies, acts of the Government, lack of access to third party networks, acts or omissions of the Public Authorities, and any other acts that occur as a consequence of natural phenomena, power outages, etc. The possible responsibility of MobileFirms with regard to the user for all of the items shall be limited, as a maximum, to the total amounts received directly by MobileFirms from the user during the period of non-fulfillment of the Services contracted.
3.5 - Except for that specifically stated in these conditions and in the special conditions, MobileFirms does not assume responsibility for the economic performance and sales results of the Service.
3.6 - Failure of the user to comply with any obligation, especially the loading of inaccurate information and failure to make payment, shall give MobileFirms the authority, where applicable, to immediately suspend any of the Services contracted by the user for as long as said non-compliance persists.
4 - Price and Payment Terms.
4.1 - In consideration of the service, the user shall pay MobileFirms the amounts indicated on the Pricing page, in accordance with the conditions set out on the acceptance of service sheet and these Conditions.
4.2 - With regard to the Silver, Gold and Platinum Pack, the Service involves the payment of a monthly Fee which shall be paid by means of a single payment.
4.3 - The user undertakes to satisfy, in a timely manner, all of the payments due in accordance with that established in this contract and the Pricing page. The user shall pay MobileFirms the amounts due for each and every one of the items corresponding to the Service provided, according to the rates provided to the user, established on the Service Acceptance Form or in effect at any given time.
4.4 - In the case where the user fails to make the payments established, once a period of seven business days as of the payment due date has lapsed, MobileFirms may suspend the service and consider the present contract to be terminated ipso jure, the amount due for the services effectively provided being immediately payable.
5 - Prohibition of assignment of the contract and change of circumstances.
5.1 - The user cannot resell, assign or transfer the present contract, or the rights derived from said contract, in any way whatsoever. Any resale, assignment or transfer of the present contract by the user, or any resale, assignment or transfer of the user's rights shall be null with regard to MobileFirms and shall be automatic and immediate cause for termination of the contract.
5.2 - The parties must keep each other informed of any changes in circumstances that could affect the present contract.
6 - Entry into force, duration and start of the service.
6.1 - The present contract shall enter into force as soon as the user expresses its agreement and acceptance of the present Terms and Conditions. The user shall be considered as expressing said agreement and acceptance once the user has finished the process of contracting the Service online.
6.2 - Duration. The present contract is indefinite. In addition to the rights and obligations set forth for each one of the Parties, either one of these may terminate the contract by means of express written communication (7) days before the end of the monthly period.
7 - Termination of the contract Permanent interruption of the contract.
The present contract shall be terminated for general reasons for terminating contracts and, in particular, for the reasons set forth in clause six and in the event that the other party should fail to fulfill any of its obligations defined in this contract, and should fail to remedy such breach of contract within a period of seven (7) calendar days as of the deadline for fulfilling said obligation, or upon becoming aware of said situation. In the event that the breach of contract is by the user, at that time MobileFirms may suspend the Service, without it involving exemption of payment by the user during the period of suspension.
The communications between the Parties with regard to the termination of the Service shall be made via fax, registered fax service or email with confirmation of receipt assigned by the Parties for communicating with each other.
8 - Applicable law and jurisdiction.
Should any of these clauses be declared null, invalid or unenforceable, it shall not affect the validity or enforceability of the remaining clauses, which shall continue to be binding on the parties. The waiver by any of the parties to demand, at any time, the fulfillment of any of the general terms and conditions stipulated in the present contract shall not imply a general waiver nor confer any rights to the other party. This contract shall be governed by Spanish law, which shall be applicable with regard to the validity, interpretation, performance and fulfillment of this contract. Any dispute arising from the interpretation of this contract shall be submitted to the courts and tribunals of the city of Barcelona. Accordingly, both parties expressly waive any other jurisdiction to which they may be entitled.