Terms of Service
These Terms of Service were last modified on July 1, 2019. Your continued use of our services will be subject to the terms set forth herein.
Mobile Roadie (“Mobile Roadie", “Mobile Roadie Platform” or "we") provides a service that enables you or us to develop and manage mobile applications (each a “Mobile Application”) as well as the related support services (together the "Services"). By using the MobileRoadie.com website ("Site"), its subdomains, and the Services, you agree to be bound by these terms of service that are an agreement between you and Mobile Roadie ("Terms of Service" or “Agreement”).
Mobile Roadie reserves the right to update and change the Terms of Service from time to time without advance notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. By continuing to access or use the Site and the Services you are indicating that you agree to be bound by the modified Terms of Service. If the modified Terms of Service are not acceptable to you, please stop using the Site and Service. Violation of any of the terms below will result in the termination of your Account.
Subject to your compliance with the terms of this Agreement, you may open an account (“Account”) to access and use the Mobile Roadie Platform to create and manage your Mobile Applications. Please ensure that:
- You use the Services only for authorized and legal purposes, consistent with all applicable laws, regulations and the rights of others.
- You must be 18 years or older to use this Service and open an Account.
- You are a human. Accounts registered by "bots" or other automated methods are not permitted.
- You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process to open an Account.
- You are responsible for maintaining the security of your Account and password. Mobile Roadie cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- All content (including any text, graphics, images, music, audio, and video), branding (including any trademarks, trade names, logos or other commercial or product designations), information and other materials included in the Mobile Applications (“Content”) is your responsibility. You are responsible for obtaining, securing and paying for all licenses, consents and rights clearances required in connection with your use of any Content included or used with the Mobile Applications.
- You must enter into an agreement with Apple directly to become an Apple application developer and you and not Mobile Roadie will be the publisher of your Mobile Applications for Apple products You must enter into an agreement with Google play directly to become an Android application developer and you and not Mobile Roadie will be the publisher of your Mobile Applications for all Android products. Notwithstanding the foregoing, you agree to provide Mobile Roadie with full access to the account you create with Apple and Google play by providing Mobile Roadie with your Apple and Google play account login details (e.g. email address/password) so that Mobile Roadie may (i) initially publish your application, and (ii) upgrade your applications when Mobile Roadie releases new versions of the Service.
- You are responsible for obtaining, maintaining, and supporting all internet access, computer hardware, and other equipment and services needed for you and your access to the Services. Mobile Roadie will use commercially reasonable efforts to make the Services available 24 hours a day, 7 days a week, except for: (a) scheduled downtime; or (b) any unavailability caused by circumstances beyond Mobile Roadie’s reasonable control, including any computer, telecommunications, Internet service provider or hosting facility failures or delays involving hardware, software or power systems or any denial of service attacks.
- If you want Mobile Roadie to develop any additional features and improvements to customize your Mobile Applications, you will enter into a separate development services agreement with Mobile Roadie.
Fees and Payments Terms
- The Service is billed in advance on a yearly or biennial basis and is non-refundable. There will be no refunds or credits for setup fees, upgrade/downgrade refunds, or refunds for months unused with an open Account. If your account is billed on a yearly or biennial basis and you wish to discontinue service, you must provide 72 hours notice before your billing anniversary date in order to ensure no additional billing for the following year(s). In order to treat everyone equally, no exceptions will be made.
- All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
- Mobile Roadie will use commercially reasonable efforts to have the Mobile Application approved by the applicable Providers. Although there is a high likelihood of approval, we do not and cannot guarantee acceptance. If your Mobile Application is denied by the appropriate Provider, you may cancel your Account. However, there are no refunds under any circumstances.
- A valid credit card is required to set up your Account.
- If you decide to distribute your Mobile Application through a Provider, we will collect from the Provider the revenue share resulting from (i) the sale of the Mobile Application (total sales revenue, as determined by the Provider, less revenue share retained by the Provider) ("Application Sales Revenue"), and retain ten percent (10%) of Application Sales Revenue, and/or (ii) payments made by Mobile Application users for activities within the Mobile Application (total revenue for such in-application payments, as determined by the Provider, less revenue share retained by the Provider) ("In-Application Revenue") and retain ten percent (10%) of such In-Application Revenue. We will remit to you the remainder amount of such Application Sales Revenue and In-Application Revenue within thirty (30) days of our receipt of the Provider’s payment thereof. By way of illustration, if the Provider’s revenue share is thirty percent (30%) and the total Application Sales Revenue is one dollar (1$), the Provider will retain 30¢, Mobile Roadie will retain 10¢, and you will be entitled to 60¢.
- If you decide to sell any digital media (including music, videos or other content) through the Mobile Application by using iTunes, Amazon, or 7digital ("Stores"), you may only use straight links to the Stores (i.e., you are not allowed to use any affiliate links). You acknowledge and agree that Mobile Roadie may use affiliate links to the Stores and retain 100% of the applicable affiliate revenue. You may use affiliate links to any other store, other than the Stores, through which you sell your Mobile Application.
- For Apple Mobile Applications created using the Service you agree to pay to Mobile Roadie the following: (i) ten percent (10%) of any sales revenue you receive from Apple for sales of your Mobile Application, (ii) ten percent (10%) of payments made by Mobile Application users for activities within the Mobile Application that you receive from Apple, and (iii) if you decide to include any kind of advertising in such Mobile Application using Apple’s iAds service (or a similar service), ten percent (10%) of any revenues you receive from Apple for such advertising. All such payments will be made either (a) directly via the Service for which fees Mobile Roadie will charge your credit card or (b) by sending payments to Mobile Roadie via wire transfer, in accordance with the terms that are set forth on the applicable invoice, which terms are incorporated herein by reference and form part of these Terms of Service.
- You and your authorized users agree not to: (a) use the Services except as expressly authorized in this Agreement; (b) use any device, software, or routine that (i) interferes with any application, function, or use of the Services, or (ii) is intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or communication; (c) resell, sublicense, time-share, or otherwise share the Services with any third party; (d) frame or mirror the Services; (e) decompile, disassemble or reverse-engineer the Mobile Roadie Platform or otherwise attempt to derive its source code or algorithms; (f) use the Services either directly or indirectly to support any activity that is illegal; (g) access the Services for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes; or (h) authorize any third parties to do any of the above.
- You will use the Services exclusively for authorized and legal purposes, consistent with all applicable laws, regulations and the rights of others. You agree that you will not post, upload, publish, submit or transmit through the Services any Content that: (a) infringes, misappropriates or violates a third party’s Intellectual Property Rights, or rights of publicity or privacy; (b) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (c) is fraudulent, false, misleading or deceptive; (d) is targeted to children or may be deemed "directed to children" as defined under applicable law; (e) is defamatory, obscene, pornographic, vulgar or offensive; (f) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (g) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (h) promotes illegal or harmful activities or substances.
- You acknowledge and agree that Mobile Roadie has no obligation to monitor your access to or use of the Services, or to review or edit any Content transmitted through the Services, but has the right to do so for the purpose of operating the Services or to comply with applicable law, the order or requirement of a court, administrative agency or other governmental body or the terms of a Provider. Mobile Roadie reserves the right, at any time and without prior notice, to remove or disable access to any Content that Mobile Roadie determines in its sole discretion to be in violation of this Agreement or otherwise harmful to the Services or the Mobile Roadie Platform.
Cancellation and Termination
- You may cancel your Account at any time. Account cancellation requests must be submitted via firstname.lastname@example.org. Cancellations by phone or sent via any other means will not be valid.
- Without limiting any other remedies available to it, Mobile Roadie may immediately suspend access to the Services and/or terminate this Agreement if: (a) you breach any material provision of this Agreement that, (if it is capable of being cured) is not cured within 30 days (or 5 business days in the case of nonpayment) from written notice to you; or (b) Mobile Roadie determines that your actions are likely to cause legal liability for Mobile Roadie or its suppliers and other customers.
- Upon the expiration or termination of this Agreement, the rights and licenses granted hereunder will automatically terminate and you may not continue to use the Services. Mobile Roadie will not be liable for any costs, losses, or damages arising out of or related to Mobile Roadie’s termination of this Agreement. The provisions of Sections 5 and 7 through 12 will survive termination of this Agreement.
- The Services are provided "AS IS" and on an "AS AVAILABLE" basis. Mobile Roadie does not warrant that the operation of the Services will be error free or uninterrupted. MOBILE ROADIE HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING OR COURSE OF PERFORMANCE, WARRANTIES ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE.
- You understand, acknowledge and agree that Mobile Roadie is not responsible to you for any failures, delays and/or interruptions in the timely or proper execution of the Services, including: (i) any kind of interruption of the Services or the delivery of any Mobile Application; (ii) hardware or software malfunction, failure or unavailability; (iii) system outages of any data or service providers; (iv) internet service failure or unavailability; (v) the actions of any governmental, judicial or regulatory body; and/or (vi) any force majeure event.
Representations and Warranties
You represent and warrant that: (i) you have the requisite power and authority to enter into, deliver and perform the obligations under this Agreement; (ii) this is a valid and legally binding Agreement enforceable against you; (iii) you will comply in all material respects with all applicable laws, statutes and regulations and the terms of this Agreement; and (iv) you have all rights, licenses, consents and releases that are necessary to use and display the Content on any Mobile Applications and such Content will not infringe upon or breach any duty toward or rights of any person or entity including, without limitation, the intellectual property, publicity or privacy rights of a third party.
- Mobile Roadie owns all worldwide right, title and interest in and to the Mobile Roadie Platform and Services, including all worldwide intellectual property rights therein. Except for the license granted herein, nothing else in this Agreement gives you any right or license to use, reproduce, display or distribute electronically or otherwise any technology or intellectual property rights in the Mobile Roadie Platform.
- You will own all worldwide right, title and interest in and to any Content, including all worldwide intellectual property rights therein. You grant to Mobile Roadie, on behalf of yourself a worldwide, non-exclusive, transferable, royalty-free license, with the right to sublicense, to reproduce, adapt, modify, prepare derivative works based upon, distribute, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise use the Content, in any and all media now known or later discovered, solely to develop and distribute the Mobile Applications and to provide the Services to you according to this Agreement. With your prior approval, Mobile Roadie may identify and list you as a partner of Mobile Roadie and the Mobile Roadie Platform, including using your name, image, logo or brand (as applicable) on its website and in marketing materials, and in providing such approval, you grant Mobile Roadie a limited license to use your name, image, logo or brand (as applicable) designated by you for such uses, subject to any trademark/logo usage guidelines you provide to Mobile Roadie.
- Each party understands that the other party may need to disclose certain non-public information relating to the disclosing party’s business (“Confidential Information”) in connection with the use and/or performance of the Services. The receiving party agrees: (i) to take reasonable precautions to protect such Confidential Information, and (ii) not to use (except as expressly permitted herein) or disclose to any third person any such Confidential Information. Confidential Information does not include any information that the receiving party can show: (a) is or becomes generally available to the public, or (b) was in its possession or was known prior to receipt from the disclosing party, or (c) was rightfully disclosed to it without restriction by a third party, or (d) was independently developed without the use of any Confidential Information of the disclosing party.
- Neither party will disclose to third parties the other’s Confidential Information unless: (i) the other party has given its specific and express prior written approval, (ii) the disclosure is expressly allowed under this Agreement, or (iii) the disclosure is necessary to comply with a valid court order or subpoena (in which case the receiving party must promptly notify the disclosing party and cooperate with the disclosing party if the disclosing party chooses to contest the disclosure requirement, seek confidential treatment of the information to be disclosed, or to limit the nature or scope of the information to be disclosed).
- Mobile Roadie will defend, indemnify and hold you harmless from and against any damage, liability or cost (including reasonable attorneys’ fees) to the extent that it is based upon a third party claim that the Mobile Roadie Platform, as provided by Mobile Roadie and used within the scope of this Agreement, infringes or violates any third party’s U.S. copyright or patents. If your use of the Services is, or in Mobile Roadie’s opinion is likely to be, enjoined due to a claim specified above, Mobile Roadie may, at its sole option and expense: (a) procure for you the right to continue using the Services under the terms of this Agreement; (b) replace or modify the Services so that they are non-infringing; or (c) if options (a) and (b) above cannot be accomplished despite Mobile Roadie’s reasonable efforts, then Mobile Roadie may terminate the license rights and Mobile Roadie’s obligations hereunder with respect to the Services.
- You will defend, indemnify and hold Mobile Roadie harmless from and against any loss, damage, liability or cost (including reasonable attorneys’ fees) resulting from any third party claim based on: (a) your use of the Services (including any Content) that infringes the rights of, or has caused harm to, a third party; (b) a violation by you of your representations and warranties; or (c) a breach by you of this Agreement.
- A party’s obligation to indemnify the other party will only arise if the indemnified party: (a) promptly notifies the indemnifying party in writing of the claim; (b) grants the indemnifying party sole control of the defense and settlement of the claim; and (c) provides the indemnifying party, and the indemnifying party’s expense, with all assistance, information and authority reasonably required for the defense and settlement of the claim.
Limitation of Liability
IN NO EVENT SHALL MOBILE ROADIE BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE SERVICES, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE SERVICES, OR FOR ANY INFORMATION OBTAINED FROM OR THROUGH THE SERVICES, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event will Mobile Roadie's aggregate liability exceed the amounts actually paid by and/or due from you in the six (6) month period immediately preceding the event giving rise to such claim.
- This Agreement is intended for the sole and exclusive benefit of the parties and is not intended to benefit any third party. Only the parties to this Agreement may enforce it. The parties are independent contractors, and no branch or agency, partnership, association, joint venture, employee-employer, or franchisor-franchisee relationship is intended or created by this Agreement.
- This Agreement shall be governed by and construed in accordance with the laws of the State of California, as if performed wholly within the state and without giving effect to the principles of conflict of law. Any legal action or proceeding arising under this Agreement will be brought exclusively in the federal or state courts located in Los Angeles, California and the parties hereby consent to personal jurisdiction and venue therein.
- You acknowledge and agree that you are waiving the right to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, more than one person's claims may not be consolidated under any circumstances, in any form of any class or representative proceeding or otherwise.
- If any portion hereof is found to be void or unenforceable, the remaining provisions of this Agreement shall remain in full force and effect. You may not assign this Agreement, in whole or in part, without Mobile Roadie’s prior written consent. Any attempt to assign this Agreement other than as permitted above will be null and void. This Agreement constitutes the complete and exclusive understanding and agreement between the parties regarding their subject matter and supersedes all prior or contemporaneous agreements or understandings, written or oral, relating to their subject matter. Any waiver, modification or amendment of any provision of this Agreement will be effective only if in writing and signed by duly authorized representatives of both parties.
- If you have any questions about these Terms of Service, please contact us.