By executing a Work Request or Quote or otherwise accessing or using Moblico Solutions, LLC’s (“Moblico”) services, you (“Client”) agree to be bound by these Terms of Use (the “Agreement”). If you do not agree, you may not access or use the Services.
1.1 Moblico Services. Moblico has developed and operates a proprietary mobile engagement, messaging, loyalty, and automation platform (the “Moblico Platform”) that includes mobile applications, APIs, dashboards, and related technology. Moblico provides Clients with access to the Services to facilitate communication, automation, and engagement with their customers, employees, and partners.
1.2 No Transfer of Ownership. Client acknowledges that Moblico does not license or transfer ownership of the Moblico Platform. All Services are provided on a hosted, subscription, or access basis under this Agreement and applicable Work Requests.
2.1 Engagement. Client engages Moblico to provide Services as described in one or more Work Requests executed by the parties. In the event of a conflict between a Work Request or Quote and this Agreement, the Work Request or Quote will control.
2.2 Independent Contractor. Moblico is an independent contractor and retains full control over the method, technical details, and means of delivering the Services.
2.3 Scope Changes. Changes requested by Client to the scope, specifications, or delivery dates must be mutually agreed in writing and may result in additional fees.
2.4 Delivery and Acceptance. Services and deliverables will be deemed accepted upon Client’s first use or unless rejected in writing within five (5) business days of delivery.
3.1 Technology Environment. Client is responsible for providing and maintaining the hardware, software, connectivity, and environment necessary to use the Services.
3.2 Compliance. Client shall (a) obtain and maintain all consents, approvals, and legal permissions required for communications, (b) ensure compliance with all applicable laws (including data privacy, consumer protection, and marketing laws such as TCPA and CAN-SPAM), and (c) indemnify Moblico against claims arising from Client’s failure to do so.
3.3 Client Information. Client grants Moblico the right to use Client-provided content, data, and materials solely to provide the Services.
4.1 Fees. Client shall pay fees as set forth in each Work Request or Quote. Fees exclude applicable taxes, which are Client’s responsibility.
4.2 Invoices. Unless otherwise stated, Moblico will invoice monthly or annually.
4.3 Payment Terms. Payment terms are defined within the Work Request or Quote.
5.1 Term. This Agreement remains in effect until terminated as provided herein.
5.2 Termination for Cause. Either party may terminate a Work Request or Quote for material breach not cured within thirty (30) days.
5.3 Termination for Nonpayment. Moblico may suspend or terminate Services if Client fails to pay within ten (10) days of notice.
5.4 Effect of Termination. Upon termination, Client must cease using all Moblico deliverables, return or destroy Moblico property, and pay all outstanding amounts due.
6.1 Confidentiality. Each party shall protect the other’s confidential information and not disclose or use it except as necessary to perform under this Agreement.
6.2 Intellectual Property. Moblico retains all rights, title, and interest in the Moblico Platform, all enhancements, and all deliverables (“Work Product”).
6.3 License to Client. Subject to payment in full, Moblico grants Client a limited, non-transferable, non-exclusive license to use Work Product solely for its internal business purposes during the term of the applicable Work Request or Quote.
6.4 Residuals. Moblico may use general know-how, techniques, and learnings from its work with Client.
7.1 Limited Warranty. Moblico warrants Services will be performed in a professional manner. Client’s sole remedy is re-performance of deficient Services.
7.2 Disclaimer. EXCEPT AS EXPRESSLY PROVIDED, SERVICES, PLATFORM, AND WORK PRODUCT ARE PROVIDED “AS IS.” MOBLICO DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
7.3 Limitation of Liability. MOBLICO’S TOTAL LIABILITY SHALL NOT EXCEED FEES PAID BY CLIENT FOR THE SERVICES GIVING RISE TO THE CLAIM. NEITHER PARTY IS LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES.
7.4 Indemnity. Each party agrees to indemnify the other for claims arising from its breach of this Agreement.
9.1 Program Name. Moblico Unified Messaging & Targeted Broadcast.
9.2 Short Code. Moblico may use short codes or long codes for messaging programs.
9.3 Opt-In. Users opt in by texting a keyword to the designated short code or by other approved methods.
9.4 Frequency. Message frequency varies by program; maximum disclosed at time of opt-in.
9.5 Rates. Message and data rates may apply.
9.6 Opt-Out. Users may opt out anytime by texting STOP.
9.7 Help. For help, text HELP or contact support@moblico.com or 1-855-662-5426.
9.8 Privacy. See Moblico’s Privacy Policy: https://moblicosolutions.com/privacy/.