Neumob Terms of Service (TOS)

The following Neumob Terms of Service Agreement ("Terms", “TOS” or the "Agreement") for the Neumob Software and Service is a legal contract between you, an individual subscriber ("You"), and Neumob, Inc. ("Neumob") regarding your use of the Neumob Software (“Software”) to create an Acceleration Cloud connection (the "Service").

PLEASE READ CAREFULLY THE TERMS AND CONDITIONS OF THIS AGREEMENT. By downloading, installing and using the Service, you agree and acknowledge that you have read and accept this Agreement in its entirety, and agree to be bound by its terms. These terms of service apply to all users of the Services, including users with Free or Paid accounts.

Neumob reserves the right, at its sole discretion, to modify or replace the terms of this Agreement at any time. If the alterations constitute a material change, Neumob will notify you by posting an announcement on the Neumob website. What constitutes a material change will be determined at Neumob’s sole discretion. You shall be responsible for reviewing and becoming familiar with any such modifications. Using our Services following notification of a material change to this Agreement shall constitute your acceptance of the Agreement as modified.

1. PRIVACY POLICY

Your privacy is incredibly important to Neumob. The Neumob Privacy Policy is hereby incorporated into these Terms by reference.

2. ACCEPTABLE USE POLICY

2.1 User Responsibility

Neumob does not censor or restrict any Internet activity, therefore You are solely responsible for complying with this Acceptable Use Policy

2.2 User Requirements

The Service is not available to persons under the age of 13 or to any users previously suspended or removed from the Service by Neumob. Please contact us at abuse@neumob.com if you are aware of any violations to these User Requirements.

2.3 Fraudulent, Abusive or Illegal activities

You will not use the Service for any fraudulent, abusive or illegal activities. You shall at all times abide by all applicable local, state, national and international laws, treaties and regulations in connection with your use of the Services, including those related to data privacy, international communications and the transmission of data. If Neumob is contacted with a complaint regarding or arising from your use of the Services, Neumob, at its sole discretion, may deem your service usage in violation of this Agreement and terminate your account without notice.

3. THE SOFTWARE

3.1 Software License

Neumob grants You a non-exclusive, non-transferable right to use the service, solely for your own personal purposes subject to the terms and conditions of this Agreement. All rights not expressly granted to you are reserved by Neumob. You shall not, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Services in any way.

3.2 Software Intellectual property

You may not (and may not allow a third party to): (a) reverse engineer, decompile, disassemble or attempt to reconstruct, identify or discover any source code, underlying ideas, underlying user interface techniques or algorithms of the Neumob Software by any means whatsoever, except to the extent the foregoing restrictions are expressly prohibited by applicable law; (b) remove or destroy any copyright notices or other proprietary markings; (c) attempt to circumvent any use restrictions; (d) modify or adapt the Neumob Software, merge the Neumob Software into another program or create derivative works based on the Neumob Software; or (e) use, copy or distribute the Neumob Software without Neumob's written authorization.

4. THE SERVICE

Neumob is providing this service on an “as is, as available” basis without representation or warranty of any kind. Neumob does not guarantee as to the continuous availability of the service or of any specific feature(s) of the service. Neumob will inform you of any significant changes to the service it may occasionally make. Neumob may impose usage or service limits, suspend service, or block certain kinds of usage at our sole discretion. The accuracy and timeliness of data received is not guaranteed; delays or omissions may occur. The speed and quality of the Service may vary and the Service is subject to unavailability, including emergencies, third party service failures, transmission, equipment or network problems or limitations, interference, signal strength, and maintenance and repair, and may be interrupted, refused, limited or curtailed. Neumob is not responsible for any failures to maintain the confidentiality, security, accuracy or quality of your data, messages or pages whether or not related to interruptions or performance issues with the Service.

5. SERVICE TERMINATION

You agree that Neumob, in its sole discretion, for any or no reason, and without penalty, may terminate your use of the Service or the Neumob Software at any time. Neumob may also in its sole discretion and at any time discontinue providing access to the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service may be effected without prior notice and You agree that Neumob will not be liable to You or any third party for any such termination.

6. PURCHASES & REFUND POLICY

6.1. Purchases

You may choose to use the Paid service or Free Service. Paid Apps may be purchased through the relevant App store (e.g. Google Play, iTunes etc.). If You choose to use the Free Service, then Neumob may deliver In-App purchases within the Software.

6.2 Refund Policy

Neumob has a no-refund policy for both Paid Apps and In-App purchases.. All purchases finalized through the App stores are final.

7. TRADEMARKS

The Neumob Software and Service are owned and operated by Neumob and its partners. The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), products, software, services, and all other elements of the Service or Neumob Software provided by Neumob (the "Materials") are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. All Materials contained on the Neumob Software or Service (excluding any Materials on third-party websites) are the property of Neumob or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to Neumob or its affiliates and/or third-party licensors. Except as expressly authorized by Neumob, You agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. Neumob reserves all rights not expressly granted in this Agreement.

8. DISCLAIMER OF WARRANTIES

8.1 No Warranties.

To the fullest extent permissible pursuant to applicable law, Neumob, and its affiliates, partners, and suppliers disclaim all warranties, statutory, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. No information, whether oral or written, obtained by You from Neumob or through the service will create any warranty not expressly stated herein. You expressly acknowledge that as used in this section the term Neumob includes Neumob's officers, directors, employees, shareholders, agents, licensors and subcontractors.

8.2 "As is" and "As available" and "With All Faults".

You expressly agree that use of the service and Neumob software is at your sole risk. The Service, Neumob software and any data, information, third-party Neumob software, services, or applications made available in conjunction with or through the service are provided on an "as is" and "as available", "with all faults" basis and with no assurances that the Neumob software or service will withstand attempts to evade security mechanisms or that there will be no cracks, bugs, disablements or other circumvention. Neumob, its suppliers, licensors, affiliates, and partners do not warrant that the service will be uninterrupted or free of errors, viruses or other harmful components and do not warrant that any of the foregoing will be corrected.

8.3 Harm to Your Mobile Device

You understand and agree that you use, access, download the Neumob software and otherwise obtain or transmit materials, data, or other content while using the service at your own discretion and risk.

9. LIMITATION OF LIABILITY

In no event shall Neumob be liable under contract, tort, strict liability, negligence or any other legal theory with respect to the services for any lost profits or Special, indirect, incidental, punitive, or consequential damages of any kind whatsoever. Notwithstanding the foregoing, in no event shall the total liability of Neumob, for all damages, losses and causes of action whether in contract, tort including negligence, or otherwise, exceed the aggregate dollar amount paid by the User claimant to Neumob in the twelve months prior to the claimed loss, damages or other such alleged event giving rise to the basis of claim.

10. INDEMNIFICATION

You agree to indemnify, save, and hold Neumob, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Neumob Software or Service, any violation by You of this Agreement, or any breach of the representations, warranties, and covenants made by You herein. Neumob reserves the right, at your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify Neumob, and You agree to cooperate with Neumob's defense of these claims. Neumob will use reasonable efforts to notify You of any such claim, action, or proceeding upon becoming aware of it.

9. MISCELLANEOUS

9.1. Digital Millennium Copyright Act.

It is Neumob's policy to respond to notices of alleged copyright infringement that company with the Digital Millennium Copyright Act. For more information, please go to DMCA Notification Guidelines.

9.2 Notice.

Neumob may provide You with notices, including those regarding changes to this Agreement, by posting the notice on the Neumob. Notice will be deemed given twenty-four hours after posting.

9.3 Waiver.

The failure of Neumob to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. Any waiver of any provision of this Agreement will be effective only if in writing and signed by Neumob.

9.4 Governing Law.

This Agreement will be governed by and construed in accordance with the laws of the State of California without giving effect to any principles of conflicts of law.

9.5 Jurisdiction.

You agree that any action at law or in equity arising out of or relating to this Agreement or Neumob will be filed only in the state or federal courts in and for Santa Clara County, California. You hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action.

9.6 Severability.

If any provision of this Agreement is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from this Agreement to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.

9.7 Assignment.

This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by Neumob without restriction. Any assignment attempted to be made in violation of this Agreement shall be void.

9.8 Survival.

Upon termination of this Agreement, any provision which, by its nature or express terms should survive, will survive such termination or expiration.

9.9 Entire Agreement.

This Agreement constitutes the entire agreement between You and Neumob relating to the subject matter herein and will not be modified except in writing, signed by both parties.

9.10 Claims.

You and Neumob agree that any cause of action arising out of or related to the service or software must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.