Terms of Use
End User Terms and Conditions ("Terms of Use")
The products: MobiCop, MobiCopy,
MobiPal, and MobiTalk (collectively to be referred to herein as
"Software") are the licensed property of BS
Technologies ("Company"). All rights, title, and
interest to the same are held solely by the Company. Unless
otherwise stated, copyright and all intellectual property rights,
trademarks, and logos appearing with Software are the property of
the Company.
You ("User") agree not to infringe upon any
trademark or logo or other proprietary information contained
herein. Any infringement shall be vigorously defended and pursued
to the fullest extent permitted by law.
The Terms of Use shall govern the use of the
Software.
By using the Software, the User explicitly agrees to the Terms of
Use as set out herein.
- Acceptance of Terms of Use: User accepts the
Terms of Use by: activating or using Software; and/or by orally or
electronically accepting the Terms of Use;
- Software Availability and Limits: The Company
shall not be held responsible if Software is not operational due to
loss of network, cancellation, or suspension of the SIM card, or if
certain types of calls or messages are blocked. Further, we shall
not be responsible if Software is unable to be installed on a
particular mobile phone due to constraints of the mobile handset or
defects in the mobile firmware or hardware.
- Compatibility: Software is compatible with
certain mobile phones which User must verify prior to purchase of
the Software. The SIM card on the mobile phone should be active for
the functioning of the Software. The Software should be installed
on the mobile phones memory, having adequate space for installation
of Software.
- One registration code will be assigned per IMEI number of the
mobile. Company will use its discretion to regenerate the
registration code upon customer request.
- In the event of a software crash or a genuine virus attack,
Company at its discretion, shall provide replacement Software to
the User.
- Reservation of Rights: The Software is
licensed to the User, not sold. All rights not expressly granted in
the Terms of Use are reserved to the Company. No rights or licenses
are granted by implication. User agrees not to disassemble,
decompile, use, distribute, or create derivative works of the
Software except.
- Disclaimer of Warranties: EXCEPT FOR ANY OTHER
WRITTEN WARRANTY THAT MAY BE PROVIDED, AND TO THE EXTENT PERMITTED
BY LAW, SOFTWARE IS PROVIDED "AS IS", AND WITHOUT WARRANTIES OF ANY
KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMIT,
WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS
FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED.
USER ASSUMES ALL RESPONSIBILITY AND RISK FOR USE OF THE SOFTWARE.
COMPANY DOES NOT AUTHORIZE ANYONE TO MAKE A WARRANTY OF ANY KIND ON
ITS BEHALF, AND USER SHOULD NOT RELY ON ANY SUCH STATEMENT. ANY
STATEMENTS MADE IN PACKAGING, MANUALS OR OTHER DOCUMENTS, OR BY ANY
OF THE DEALERS OF COMPANY (EXCEPT FOR ANY WRITTEN LIMITED WARRANTY
THAT MAY BE PROVIDED), ARE FOR INFORMATIONAL PURPOSES ONLY AND ARE
NOT WARRANTIES BY COMPANY OF ANY KIND. THE COMPANY, IT'S OFFICERS,
DIRECTORS, EMPLOYEES, AGENTS, DEALERS, SUPPLIERS, PARENTS,
SUBSIDIARIES OR AFFILIATES DO NOT WARRANT THAT SOFTWARE WILL BE
UNINTERRUPTED, ACCURATE, COMPLETE, USEFUL, FUNCTIONAL, BUG OR ERROR
FREE.
- Indemnification: User agrees to defend,
indemnify, and hold the Company and its affiliates, harmless from
any and all claims, demands, actions, liabilities, costs, or
damages arising out of the use of the Software, any legal
disclosures made by the Company relating to the Software, or User's
breach of the Terms of Use. User further agrees to pay the
reasonable attorney and expert witnesses fees and costs of the
Company arising from any actions or claims by User. The Company and
its parent, affiliates, and associates shall not be liable, at any
time for any, direct, indirect, punitive, incidental, special,
consequential, damages (including, without limitation, damages for
loss of business projects, damage to user's computer system or
damages for loss of profits, damages for loss of use, data or
profits, arising out of or in any way connected with the use or
performance of the Software, arising in contract, tort or otherwise
from the use of or inability to use the Software, or any of its
contents, or for any failure of performance, error, omission,
interruption, deletion, defect, delay in operation or transmission,
computer virus, communications line failure, theft or destruction
or unauthorized access to, alteration of, or use of information. No
representations, warranties or guarantees whatsoever are made by
the Company as to the (a) accuracy, adequacy, reliability,
completeness, suitability or applicability of the information to a
particular situation; (b) that the service will be uninterrupted,
timely, secure, or error-free; (c) the quality of any products,
services, content or information will meet User's expectations or
requirements;
- Assignment: Company may assign all or part of
its rights or duties under the Terms of Use without such assignment
being considered a change to the Terms of Use, without notice to
User, except to the extent provided by law. Upon assignment,
Company shall then be released from any and all liability. User may
not assign the Terms of Use without the prior written consent of
Company.
- Notices and Communications: Company may send
Users written communications by courier to the User's address in
Company 's database.
- Severability and Survivability: If any
provision of the Terms of Use is held to be inapplicable or
unenforceable, then (a) that term or provision shall be construed,
as nearly as possible, to reflect the intentions of the parties
with the other terms or provisions remaining in full force and
effect, (b) the Terms of Use will not fail their essential purpose,
and (c) the balance of the Terms of Use shall remain unaffected and
in full force and effect, unless the obligations of the Company are
materially impaired, in which event the Company shall have the
right to terminate the Terms of Use.
- Entire Agreement/Applicable Law: The Terms of
Use represents the final and entire agreement between User and
Company regarding the use of Software. Electronic images of the
Terms of Use will be considered originals. User acknowledges that
User has not relied on any other representations not specifically
included in the Terms of Use. If Company does not enforce its
rights under any of the provisions of the Terms of Use, Company may
still require strict compliance in the future. User represents that
User is of legal age and has the legal capacity to enter into and
comply with the Term of Use. If User is contracting on behalf of a
company, User represents that User is authorized to enter into and
comply with the Terms of Use and agrees to be personally liable for
all accounts if User is not so authorized. The Terms of Use are
governed by the laws of United Arab Emirates, and the courts of Abu
Dhabi, United Arab Emirates shall have jurisdiction.
- Service Period: Company warrants to User that
during twelve (12) months from the date of purchase of the Software
("Service Period") Company will be given
commercially reasonable time to remedy defects in the Software free
of charge.
- During the Service Period, Company shall not cover any third
party software, settings, content, data or links, whether included
or downloaded in the mobile phone, whether included during
installation or otherwise and in any way acquired by User. Company
does not ensure that Software will necessarily retrieve User's
mobile phone; however, it will allow User to track the location of
the mobile phone and the new user.
- During the Service Period, Company shall not cover errors
occurring due to: (a) normal wear and tear of the mobile phone; (b)
defects caused by rough handling of the mobile phone (including,
without limitation, defects caused by sharp items, by bending,
water, compressing or dropping); (c) defects or damage caused by
misuse of the mobile phone, including use that is contrary to the
instructions provided by Company and other acts beyond the
reasonable control of Company.
- he Service Period does not cover defects or alleged defects
caused by the fact that the mobile phone was used with, or
connected to, any mobile phone, accessory, software and/or software
not manufactured, or supplied by Company or was used other than for
its intended purpose. Defects can be caused by viruses from User or
from third parties unauthorized access to software, the mobile
phone, or networks which can take place through hacking, password
mining or through a variety of other means.
- Company shall not be responsible for errors and/or defects
caused to Software relating to the following:
- Errors that result from improper handling or use of the
applicable Software by User;
- Errors for which Company has provided technical or operational
corrections not implemented by User within a reasonable time;
- Errors caused by changes, alterations, or revisions made by or
on behalf of User;
- Errors that result from User's use of Software or equipment not
approved by Company;
- Errors that result from User's data, network, database,
operational, or other environmental factors not within the direct
control of Company.
- Failure by User to install updates provided by Company from
time to time.
- Limitation of Liability: To the extent
permitted by applicable law(s), Company does not assume any
liability for loss of or damage to or corruption of data, for any
loss of profit, loss of use of mobile phone or functionality, loss
of business, loss of contracts, loss of revenues or loss of
anticipated savings, increased costs or expenses or for any direct
or indirect loss or damage, consequential loss or damage or special
loss or damage.