Important. Read these Terms before you start using the Service. Paying an invoice for the Service, or using it in any way, means you accept these Terms in full. If you do not accept them, you may not use the Service. The Service is intended for business use and is not offered for personal, family or household purposes.
These Terms of Service (the “Terms”) form a binding agreement between IT-BUSINESS SOLUTIONS LIMITED, a Private Limited Company registered in Cyprus under number HE 309568 (“MobiusApp”, “we”, “us”), and you, the customer (“you”), covering your use of the MobiusApp platform and the mobile applications built on it.
1. Definitions
1.1. Service — the MobiusApp platform: the management panel at https://admin.mobiusapp.io, the mobile applications built from it for iOS and Android, the APIs, and the accompanying documentation.
1.2. Application — the mobile application published for you under your own brand, built from the Service and identified by its own listing in the App Store and Google Play.
1.3. App stores — the Apple App Store and Google Play.
1.4. Plan — the subscription tier you have purchased, as described on the pricing page.
1.5. Customer Data — the catalogue, orders, customer records and any other data you or your end users submit to the Service.
2. What we grant
2.1. Subject to these Terms and to payment of the applicable fees, we grant you a non-exclusive, non-transferable, worldwide right to use the Service for the term of your subscription, within the limits of your Plan.
2.2. The right to use the Service does not transfer ownership of it. On subscription Plans, source code, build artefacts and signing keys are not transferred. Transfer of ownership is available only under an Enterprise agreement (see clause 9).
2.3. You may not sublicense, resell or otherwise make the Service available to third parties except under a separate written partner or reseller agreement.
3. Intellectual property
3.1. The Service, its source code and its algorithms are our intellectual property and are protected by copyright and trade secret law. Nothing in these Terms transfers those rights to you.
3.2. You retain all rights in your Customer Data, your trade marks and the brand assets you supply for the Application. You grant us only the licence needed to operate the Service, build and publish the Application and provide support.
3.3. These Terms grant you no right to use our trade marks or service marks.
3.4. You may not remove or obscure any copyright, trade mark or attribution notice contained in the Service.
4. Your responsibilities
4.1. You are responsible for the lawfulness of the goods and services you sell through the Application, for the accuracy of your catalogue, prices and stock, and for complying with the consumer protection, tax and sector-specific rules that apply in the countries where you sell.
4.2. Some categories of goods are regulated. Where the Application is used to sell or reserve regulated items — including medicines, alcohol, tobacco and age-restricted products — determining what may lawfully be offered, and under what conditions, is your responsibility and that of your legal counsel.
4.3. You are responsible for keeping account credentials secure and for the actions of the staff accounts you create.
4.4. You may not use the Service to distribute malware, to send unsolicited messages, to infringe third-party rights, or in any way that would breach the rules of the App stores.
5. Publishing to the app stores
5.1. We prepare the store listing and submit the Application for review. Review is performed by Apple and Google under their own rules, on their own timetable, and we cannot guarantee either the outcome or the duration.
5.2. Where the Application is published under our developer accounts, those accounts remain ours. Where it is published under yours, you are responsible for maintaining them and paying the store fees.
5.3. If an App store removes or suspends the Application for reasons attributable to your content or your business, we will help you resolve it, but we are not liable for the removal.
6. Fees and payment
6.1. Fees are set by your Plan and are stated on the pricing page. Detailed payment terms, including invoicing, renewal and refunds, are set out in the Payment Terms, which form part of these Terms.
6.2. Billing begins once the Application is live in the App stores, unless agreed otherwise in writing.
6.3. Fees are exclusive of any taxes, duties or withholdings, which are payable by you where they apply.
7. Support and availability
7.1. Support is provided under the Support Policy, which forms part of these Terms.
7.2. We aim to keep the Service available continuously, but we do not warrant uninterrupted operation. Planned maintenance is announced in advance where practicable. Service credits and response-time commitments apply only where an Enterprise agreement with an SLA is in force.
8. Data protection
8.1. How we handle personal data is described in the Privacy Policy.
8.2. Where we process personal data on your behalf in connection with the Application, we act as a processor and you as the controller. On request we will enter into a data processing agreement covering that processing.
8.3. You may request deletion of your data as described in the Account Deletion page.
9. Enterprise deployments
9.1. Under an Enterprise agreement the Service may be deployed inside your own infrastructure, with source code, signing keys and developer accounts transferred to you. The scope of that transfer, the SLA and the licence term are set out in the separate Enterprise agreement, which prevails over these Terms where they conflict.
9.2. Once the Service is deployed in your infrastructure, its administration, updates, monitoring and security become your responsibility, unless the Enterprise agreement says otherwise.
10. Warranties and liability
10.1. The Service is provided on an “as is” basis. To the fullest extent permitted by applicable law, we disclaim implied warranties of merchantability, fitness for a particular purpose and non-infringement.
10.2. To the fullest extent permitted by applicable law, our aggregate liability arising out of or in connection with these Terms is limited to the fees you paid for the Service in the twelve months preceding the event giving rise to the claim.
10.3. Neither party is liable for indirect, incidental or consequential loss, or for loss of profit, revenue or data, however caused.
10.4. Nothing in these Terms limits liability that cannot be limited under applicable law, including liability for fraud, wilful misconduct, gross negligence, or for death or personal injury caused by negligence.
11. Term and termination
11.1. These Terms apply for as long as you use the Service. A subscription runs for the period paid for and renews unless cancelled in accordance with the Payment Terms.
11.2. We may suspend or terminate the Service if you materially breach these Terms and do not remedy the breach within 15 days of written notice, or immediately where the breach exposes us or the App stores to legal risk.
11.3. On termination we will, on request made within 30 days, provide an export of your Customer Data in a machine-readable format. After that period the data may be deleted.
12. Governing law and disputes
12.1. These Terms are governed by the laws of the Republic of Cyprus, without regard to conflict of law rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
12.2. The parties will attempt to resolve any dispute by negotiation before commencing proceedings. Where negotiation fails, the dispute is subject to the exclusive jurisdiction of the competent courts of Nicosia, Cyprus.
12.3. Nothing in this clause deprives you of the protection of mandatory provisions of the law of your country of residence where such protection cannot be excluded by agreement.
13. Changes to these Terms
13.1. We may update these Terms. The current version is always published at https://mobiusapp.io/legal/terms/ with its version date at the top.
13.2. Where a change materially reduces your rights, we will notify you by email at least 30 days before it takes effect. Continuing to use the Service after that date means you accept the updated Terms.
14. Contact
IT-BUSINESS SOLUTIONS LIMITED, a Private Limited Company registered in Cyprus
Registration number: HE 309568 (Registrar of Companies, Cyprus)
20 Ionos str., 2nd Floor, Office 205, Nicosia 2406, Cyprus
Sales: sale@mobiusapp.io
Support: support@mobiusapp.io