Mobile Interaction Express account user agreement
By signing up for an Account within Extransit Mobile Interaction Express service, hereinafter referred to as the
"Service", you (the holder of the new Account within the Service), hereinafter referred to as the
"Subscriber", agree to the following terms and conditions;
1.
Term. This Agreement will be in effect when registering a new "Account" within The Service, and is
in effect for an initial period of ONE year, referred to as the Subscription Period. The Agreement
is optionally renewed when the end of the initial period or a renewal period is reached. Each
optional renewal extends the agreement by one (1) year.
2.
Cancellation. If the Subscriber request to cancel the Service, Extransit will ask for a written
confirmation, upon reception of that confirmation, the Account will be closed and all data relating
to the Account will be erased. The Account may also be canceled by Extransit for reasons such as an
overdue payment, detection of forged user details (such as address or phone number), or violation of
the AUP ("Acceptable Use Policy"), described later in the document. No refunds on outstanding pre-paid
time will be given upon a cancellation of an account, regardlessly of the cause of the cancellation
or which party that requested the cancellation.
3.
Billing. The account can have a time-limited period that allows use of all functions, or a limited
set of the functions, free of charge. If such period is granted when the account is initially signed,
billing will start when the period ends. The account is to be payed in advance before the beginning of
of a subscription period, as referred to under "term" above. A reminder will be sent before a subscription
period or the initial free period ends, and the Subscriber have to perform a payment procedure, thus
making the subscription fee available to Extransit.
4.
Payment. The Subscriber agrees to pay for all charges attributable to your use of the The service according
to Extransit price list. All prices are exclusive any applicable taxes, for which you are responsible.
All payments are done in advance by credit card. No automatic charging will take place, and if the subscription
fee for the next period is not received when a subscription period ends, the account will be temporarily
suspended, until the fee has been payed. A temporarily suspended account may be canceled, and all of its
data erased, if no payment is available within two (2) months from the time of the account suspension.
5.
Use of the Service. The Account provides means of building and publishing custom mobile applications
within the Service. The Acceptable Use Policy (the "AUP") governs the general rules and policies for
use of the The service. The AUP is available on Extransit's Web site and may be subject to update
without and notification of the Subscriber. By accepting this agreement, the Subscriber accepts to
read and follow the rules of the AUP as well as any applicable law. Any violation of the AUP or the
law may cause Extransit to terminate the account without any prior notification to the Subscriber.
6.
Quota. The Subscriber agrees that use of the the Service covered by this Agreement will not exceed
the bandwidth and storage space limits as defined when signing in to the account. Any excess use of
storage capacity of network bandwidth will lead to a temporary suspension of the Service until the
account type have been upgraded and related charges have been paid.
7.
Advertising subscribers content. The subscriber may advertise the contents that is made available within
the account, provided that no advertising is performed by using Unsolicited Commercial Email (UCE or
SPAM), either directly or indirectly via third party. Any notification of such activities will lead
to an immediate termination of the Account. Extransit will hold the Subscriber responsible for any
additional costs or losses of income related to such activities.
8.
Availability. Extransit makes all reasonable attempts to provide the highest availability of the service
and make regular backups of all user information. Extransit will however not in any way cover any costs
or losses of income related to any form of malfunction within the Service. Extransit may schedule
system maintenance resulting in controlled interruption of the Service. Any maintenance interrupt will
be announced in advance on Extransits web site.
9.
Compatibility. Extransit performs continuous testing of new mobile devices and PC platforms to maintain
the highest extent of target device and editing platform compatibility. Extransit does not however guarantee,
in any way, that the applications generated by the Service is compatible with any device, or that the
editing and Account maintenance software is compatible with any computer platform.
10.
Enforcement. Extransit staff or third party investigator may investigate any reported or suspected
violation of this Agreement, any applicable law, or the AUP, and take action to protect its systems,
facilities, employees, customers and/or third parties. The Subscribers takes full responsibility to
cover any of Extransits costs or loss of income resulting form the Subscribers material violating any
law or third party intellectual property right. This includes but is not limited to any investigation
costs fines or litigation costs. Extransit reserves the right to remove any content that violates
this Agreement, the law, or the AUP, or suspend the account without prior notice upon such violation.
Extransit also has the right to notify applicable law enforcement agencies upon detection of content
that is in obvious violation of applicable law. If Extransit takes such action, no refunds or covers
of any kinds, for any additional costs or income losses for the Subscriber will be given.
11.
Subscribers intellectual property. The Subscriber grants Extransit a non-exclusive, worldwide, and
royalty-free license, as long as this agreement is in effect, to host and use the subscribers content
as necessary for the purpose of providing the applications published by the Subscriber. The right
includes the publishing of the Subscribers applications to the mobile devices related to the subscriber
account. It also includes any storage backup, data analysis for performance tuning and debugging.
Extransit does not have the right to use the material in any other circumstances than running and
improving the service quality level. No information should be disclosed to, use used by any third party,
or other Subscriber within the Service.
12.
Extransits intellectual property. Any intellectual material, including all copyrights, trademarks,
patents, computer software object or source code, documentation, application meta data, know-how and
methodologies used by Extransit to provide the the Service will remain the exclusive property of Extransit
or any third party suppliers. Unauthorized copying, reverse engineering, or creation of derivative works
based upon any of Extransit intellectual property may lead to legal action by Extransit.
13.
Third party's intellectual property. The subscriber takes the full responsibility regarding any issues
arising from any violation or suspected violation of any third party's intellectual property rights,
such as copyright or patents, including any of the users of the applications generated within the Account.
The Subscribers takes full responsibility to cover any costs or loss of income fro Extransit resulting
form the Subscribers material violating any third party's intellectual property.
14.
Trademarks. You hereby grant to Extransit a limited right to publish your trademarks on web sites and
mobile devices for the limited purpose of fulfilling the duties under this Agreement. This is not a
trademark license and no other rights relating to the trademarks are granted by this Agreement. Specifically,
but without limitation, the rights granted by this Agreement do not include the right to sub license use
of your trademarks or to use your trademarks with any service outside the scope of the Service provided
under this Agreement. The limited trademark use rights granted under this section terminate upon termination
of this Agreement.
15.
Warranty disclaimer. ALL SERVICES AND PRODUCTS PROVIDED BY EXTRANIT, AS WELL AS ANY USER GENERATED
APPLICATION WITHIN THE SERVICE, ARE PROVIDED WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND.
YOU AGREE THAT EXTRANSIT HAS NO CONTROL OVER, AND ACCEPTS NO RESPONSIBILITY FOR, THE CONTENT OF THE
INFORMATION PASSING THROUGH EXTRANSITS HARDWARE OR SOFTWARE NOR THE INTERNET. EXTRANSIRT DOES NOT WARRANT
THAT THE OPERATION OF THE THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. ALL SERVICES PERFORMED ARE
PERFORMED "AS IS" AND WITHOUT WARRANTY AGAINST FAILURE, PREFORMANCE PROBLEMS OR DISTURBANCIES OR DAMAGING
OF THIRD PARTY HARDWARE OR SOFTWARE. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY FAILURE OF EXTRANSITS OR
ANY THIRD PARTY EQUIPMENT DUE TO THE USE OF ANY FUNCTIONALITY WITHIN OR GENERATED APPLICATION FROM THE
SERVICE. EXTRANSIT DOES NOT MAKE AND HEREBY DISCLAIMS, AND YOU HEREBY WAIVE ALL RELIANCE ON, ANY REPRESENTATIONS
OR WARRANTIES, ARISING BY LAW OR OTHERWISE, REGARDING THE SERVICE, INCLUDING, WITHOUT LIMITATION, IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR CONDITIONS OF QUALITY, AND ANY WARRANTIES
WITH RESPECT TO PATENT, COPYRIGHT, TRADE SECRET OR TRADEMARK INFRINGEMENT.
16.
Limitation of Liability. EXTRANSIT HAS NO LIABILITY FOR UNAUTHORIZED ACCESS TO, ALTERATION, THEFT OR
DESTRUCTION OF INFORMATION RELATED TO THE ACCOUNT, THROUGH ACCIDENT, IMPLANTED MALWARE (SUCH AS VIRUSES,
TROJANS OR WORMS) OR FRAUD. EXTRANSIT SHALL HAVE NO LIABILITY UNDER THIS AGREEMENT OR OTHERWISE FOR ANY
DAMAGES OF LOST, DISCLOSED, ALTERED OR DISTROYED INFORMATION OR CONSEQUENCES THEREOF, FOR THE SUBSCRIBER
OR ANY THIRD PARTY.
17.
Indemnification. You will defend, indemnify and hold Extransit and any of its affiliates agents, consultants,
directors, employees, officers, shareholders, suppliers harmless from any actual or threats of action or
claims, costs and expenses, damages, demands, fines, liabilities, losses, penalties or suits of any nature,
including attorneys' fees and court costs, sustained or asserted by any corporation, firm, governmental
authority, partnership, person or other entity arising out of, or relating to, your violation or breach
of any term, condition, representation or warranty of this Agreement, or any policy or guideline within
the AUP, or your negligence or willful misconduct or improper or illegal use of the the Service, or your
infringement of any trademark, copyright, patent, trade secrets or non-proprietary right of a third party.
18.
Confidentiality. Both parties agree that all Confidential Information as defined below is dislosed to
the other party in confidence, and will be used only for the purposes of this Agreement, and not for
any kind of competition with the other party, and not to be disclosed to any third party without the
prior written consent of the other party. "Confidential Information" includes all documentation, business
and marketing models, software, trademarks or any information in any form related to this agreement
or the Service, including but not limited to, printed or verbal communications and information stored
in any digital format. Not regarded as confidential information is any information already available
on the Intenret or any other public media and any information that will become publicly available as
a result of the Subscribers published applications. Upon the termination of this Agreement and upon
written request of the disclosing party, each party shall promptly return or destroy all Confidential
Information. This provision survives the termination of this Agreement for FIVE (5) years.
19.
Notices. All notices, reports, requests, or other communications given pursuant to this Agreement shall
be made in writing and delivered by hand delivery, overnight courier service, fax, or electronic mail,
shall be deemed to have been duly given when delivered.
20.
Choice of Law and Forum. THIS AGREEMENT, WILL BE GOVERNED BY THE LAWS OF SWEDEN. ANY ACTION RELATING
TO THIS AGREEMENT OR THE SERVICE MUST BE BROUGHT IN A PUBLIC COURT OF SWEDEN.
21.
No Third-Party Beneficiaries. Extransit is not the agent, fiduciary, trustee or other representative
of the Subscriber. Nothing expressed or mentioned in or implied from this Agreement is intended or
to give to any entity other than the two parties any legal or equitable right, remedy or claim under,
or in respect to this Agreement. This Agreement and all of the representations, warranties, covenants,
conditions and provisions hereof are intended to be and are for the sole and exclusive benefit of Extransit
and the Subscriber.
22.
Severability. If any provision of this Agreement is deemed illegal, invalid, void or otherwise unenforceable
in whole or in part, that provision shall be severed or shall be enforced only to the extent legally
permitted, and the remainder of the provision and the Agreement shall remain in full force and effect.
If any provision of this Agreement is deemed to be invalid, void or unenforceable only with respect to
a particular application, such term or provision shall remain in full force and effect with respect
to all other applications.
23.
Entire Agreement. This Agreement, including all its content, and external referred to content, constitutes
the entire Agreement of the parties and should be interpreted as a whole.
24.
Subscriber warranties. In the role as a Subscriber to the Service, you hereby warrant to Extransit
that you are at least eighteen (18) years of age and possess the legal right and ability to enter into
this Agreement whether you are entering it as an individual or as a representative for a company or
any other institution, and that you will use the the Service only for lawful purposes and in accordance
with this Agreement. You guarantee that the user details submitted (such as address and phone number)
are correct. You also accept that you will be financially responsible for the use of the Account and
that your material does not infringe or violate any right of any third party (including any intellectual
property rights) or violate any applicable law, regulation or ordinance. You also warrant that you will
keep all your login information stored in a safe place and not disclose it to any third party.
25.
Survival. All provisions of this Agreement relating to the Subscribers warranties, intellectual property
rights, limitation and exclusion of liability, indemnification obligations and payment obligations
survives the termination or expiration of this Agreement indefinitely.