Articles on: OneMobile

Terms and Conditions

OneMobile Terms and Conditions



Effective date: April 4, 2023

Please carefully review the Terms of use agreement before using OneMobile website or mobile application. By clicking "I accept" and/or registering on the website, you agree to be bound by these terms, which apply to all users of the website and the OneMobile application. You represent that you have read, understand, and accept the terms, that you are legally able to form a binding contract with OneMobile, and that you have the authority to agree to these terms on behalf of any user you have named. If you do not agree to these terms, you may not use the website or services provided by OneMobile.

Table of contents

Terms and Conditions
Welcome to OneMobile
Use of the Services and OneMobile Properties
1.1. Description of Services
1.2. OneMobile Application License
1.3. Updates
Registration
2.1. Registering Your Account
2.2. Access Through a Third-Party Account
2.3. Your Account and Developed Apps
2.4. Necessary Equipment and Software
Responsibility for Content
3.1. Types of Content
3.2. No Obligation to Pre-Screen Content
3.3. Storage
Ownership
4.1. OneMobile Properties
4.2. Trademarks
4.3. Other Content
4.4. Your Content
4.5. License to Your Content
4.6. Feedback
User Conduct
Interactions with Other Users
7.1. User Responsibility
7.2. Content Provided by Other Users
Third-Party Services
8.1. Third-Party Websites, OneMobile Applications & Ads
8.2. App Stores and Google Play Store
Fees and Purchase Terms
9.1. General Purpose of Terms: Sale of Service, not Software
9.2. Payment
9.3. Service Subscription Fees
9.4. Taxes
9.5. Automatic Renewal
9.6. Disputes
Indemnification
Disclaimer of Warranties and Conditions
11.1 As Is
11.2. No Liability for Conduct of Third Parties.
11.3. No Liability for Conduct of Other Users or Customers.
Limitation of Liability
12.1. Disclaimer of Certain Damages
12.2. Cap on Liability
12.3. User Content
12.4. Basis of the Bargain
Procedure for Making Claims of Copyright Infringement.
Remedies
14.1. Violations
14.2. Breach
Term and Termination
15.1. Term
15.2. Prior Use
15.3. Termination of Services by OneMobile
15.4. Termination of Services by You
15.5. Effect of Termination
15.6. No Subsequent Registration
International Users
Dispute Resolution
General provisions
18.1. Electronic communications
18.2. Release
18.3. Assignment
18.4. Force Majeure
18.5. Questions, Complaints, Claims
18.6. Exclusive Venue
18.7. Notice
18.8. Waiver
18.9. Severability
18.10. Export Control

Welcome to OneMobile



OneMobile is a platform that offers a website and mobile app to convert e-commerce stores into Android and iOS apps. These Terms of use apply to all users of the website and mobile app. By using the services, you agree to be bound by the Terms of use. You must be of legal age and have the authority to enter into the agreement on behalf of the user. If you don't agree to the Terms of use, you cannot use the website or services.

Use of the Services and OneMobile Properties
OneMobile Properties, which include the OneMobile Application, Website, Services, and OneMobile content, are protected by copyright laws. OneMobile grants a limited license to reproduce portions of the Properties for personal or internal business purposes. However, the right to use the OneMobile Properties is subject to the Terms.

1.1. Description of Services
Our platform provides mobile app dvelopment tools for creating and developing apps for both the Apple App Store and Android Google Play Store. With our services, you'll have access to design templates, themes, and push notifications to help you create and publish your app with ease.

1.2. OneMobile Application License
You are granted a limited license to use the OneMobile Application for personal or internal business purposes. This license is non-transferable, non-sublicensable, and revocable. You may install the app on one mobile device or computer. Your use of the app is subject to your compliance with our Terms.

1.3. Updates
We are always improving OneMobile Properties, and as a result, we may require you to accept updates to the properties you have installed on your device.

Registration

2.1. Registering Your Account
To access certain features of OneMobile Properties, you may need to become a Registered User. A Registered User is someone who has registered an account on our Website or OneMobile Application, or has a valid Shopify or other third-party e-commerce platform account that allows you to connect to our Website or Application. These terms apply to all Registered Users.

2.2. Access Through a Third-Party Account
To access certain OneMobile Properties features, you must become a Registered User by registering an account on our Website or Application or having a valid Third-Party Account. Granting OneMobile access to a Third-Party Account allows us to access and store Third-Party Account Content, which is considered Your Content. Depending on privacy settings, personally identifiable information posted on Third-Party Accounts may be available on OneMobile Properties. OneMobile is not responsible for any Third-Party Account Content, and we do not review such content.

2.3. Your Account and Developed Apps
You do not own your Account or any App, and you have no property interest in them. OneMobile owns all rights to your Account and Apps except for Your Content.

2.4. Necessary Equipment and Software
To access OneMobile Properties, you must provide your own equipment and software. A mobile device may be necessary for certain Services. You are responsible for any fees associated with accessing OneMobile Properties, including Internet and mobile fees.

Responsibility for Content

3.1. Types of Content
The party who created it is solely responsible for all Content on OneMobile Properties. You are responsible for all Content that you Make Available through OneMobile Properties (Your Content), and other Users are responsible for all Content they Make Available (User Content).

3.2. No Obligation to Pre-Screen Content
OneMobile is not obligated to pre-screen any Content, but reserves the right to do so and to refuse or remove any Content at our sole discretion. By agreeing to the Terms, users give their irrevocable consent to monitoring. Users should not expect privacy when transmitting Content. OneMobile will remove Content that violates the Terms or is deemed objectionable, but we do so for our benefit, not necessarily for the benefit of users.

3.3. Storage
OneMobile is not required to store Your Content unless you have a written agreement with us. We are not responsible for deleting, transmitting, securing, or maintaining the accuracy or privacy of any Content. You are solely responsible for setting the level of access to Your Content. We reserve the right to place reasonable limits on the use and storage of Content.

Ownership

4.1. OneMobile Properties
OneMobile and its suppliers own all rights in OneMobile Properties, except for Your Content and User Content. This includes things like computer code, artwork, and audiovisual effects. You cannot remove or alter any copyright or trademark notices on OneMobile Properties.

4.2. Trademarks
OneMobile's graphics, logos, service marks, and trade names belong to OneMobile and cannot be used without permission in connection with third-party products or services. Other trademarks, service marks, and trade names appearing on or in OneMobile Properties belong to their respective owners.

4.3. Other Content
You have no right or title to any Content on or in OneMobile Properties except for Your Content.

4.4. Your Content
When you post or publish something on OneMobile Properties, it is your content, and OneMobile does not claim ownership of it. You must ensure that you have the right or a license to use and modify the content. You have the right to share and use your content in any way you want and can include it in other works as well. This license lasts for the entire term of any intellectual property right that may exist in your content, allowing you to have control over it.

4.5. License to Your Content
By posting Your Content on OneMobile Properties, you give OneMobile permission to use, distribute, modify, and display it. Other users can also access and use Your Content in public areas of OneMobile Properties. You promise that you have the right to grant this license to OneMobile and that any intellectual property rights in Your Content have been waived by their owner. You are solely responsible for Your Content and any consequences that arise from making it available on OneMobile Properties.

4.6. Feedback
"When you give OneMobile any ideas, suggestions, documents, and/or proposals through its suggestion, feedback, wiki, forum or similar pages (“Feedback”), you do so at your own risk, and OneMobile has no obligations regarding such Feedback.

You confirm that you have all the necessary rights to submit the Feedback.

You give OneMobile a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and exploit commercially or non-commercially in any way, any and all Feedback.

OneMobile has the right to sublicense the foregoing rights in connection with the operation and maintenance of OneMobile Properties."

User Conduct

By using OneMobile Properties, you agree to not engage in any activity that violates the Terms or applicable laws. This includes not posting any content that infringes on the rights of others, such as patents, trademarks, copyrights, or trade secrets. You must not post content that is illegal, abusive, threatening, harassing, or defamatory, or that invades the privacy of others. You must not engage in unauthorized or unsolicited advertising, spamming, or any commercial activities without OneMobile's written consent. You must not impersonate any person or entity, interfere with the proper functioning of OneMobile Properties, or attempt to engage in any harmful acts that could potentially violate security features, introduce viruses, or overload the system. Lastly, you must not allow any third party to engage in any of these prohibited actions.

OneMobile may keep an eye on OneMobile Properties and its Content, but is not required to do so. OneMobile may take down any of Your Content if it breaches the Terms or any applicable law. Additionally, OneMobile may, at its own discretion, suspend or terminate your Account or any App created with the Services.

Interactions with Other Users

7.1. User Responsibility
"You are solely responsible for your interactions with other users and parties using the Services or your Apps, which includes your customers.

While OneMobile may intervene in disputes, it is not required to do so.

Any consequences resulting from such interactions are not the responsibility of OneMobile."

7.2. Content Provided by Other Users
OneMobile Properties may contain User Content from other users, which OneMobile does not control or review. OneMobile has no obligation to monitor User Content, and does not approve, endorse, or make any warranties with respect to it. Therefore, you should use User Content and interact with other users at your own risk.

Third-Party Services

8.1. Third-Party Websites, OneMobile Applications & Ads
OneMobile Properties may offer links to third-party websites, applications, and ads. Please note that when accessing a third-party website, you are no longer bound by the OneMobile Properties' Terms and policies. OneMobile does not control third-party websites, applications, or ads and is not responsible for their content or products. OneMobile offers third-party websites, applications, and ads only for your convenience, and you use them at your own risk. Before proceeding with any transaction with any third party, you should review the applicable terms and policies, including privacy and data gathering practices, of the third-party website or application.

8.2. App Stores and Google Play Store
OneMobile Application and Services are available through third parties such as Apple App Store or Google Play Store.

The Terms of use are between you and OneMobile, not with the App Store.

OneMobile is solely responsible for the OneMobile Properties, including the OneMobile Application, its content, maintenance, support services, and warranty.

You must have access to a wireless network and pay associated fees to use the OneMobile Application.

You are also responsible for paying any fees charged by the App Store or Google Play related to OneMobile's products, including apps created by OneMobile, additional requested fees, or any other apps.

Your license to use the OneMobile Application and any Apps is subject to all applicable third-party terms of the agreement.

The App Store or Google Play Store and its subsidiaries have the right to enforce the Terms as third-party beneficiaries."

Fees and Purchase Terms
9.1. General Purpose of Terms: Sale of Service, not Software
The Terms allow you to access the Services, and the fees you pay are only for that purpose. The fees are not for the sale, license, or use of OneMobile's Software. You can use OneMobile's Software to support the purpose of the Terms.

9.2. Payment
"You must pay all fees on time and follow the billing terms.

To sign up for the Services, you need to provide OneMobile with valid payment information like a credit card, PayPal account, or purchase order.

Your Payment Provider agreement covers the use of your selected payment method.

By providing payment information, you authorize OneMobile to charge your Account for all fees and charges owed.

Notify OneMobile of any changes in your billing or payment details.

OneMobile can change prices and billing methods at any time."

9.3. Service Subscription Fees
When you sign up for the Services, you must pay the Service Subscription Fee for your chosen subscription package, and all fees paid are non-refundable. OneMobile will confirm your order through email, SMS/MMS message, or other means, but no contract between you and OneMobile for the Services will exist until your order is confirmed.

9.4. Taxes
The fees you pay to OneMobile for its Services do not include Sales Tax. If you are responsible for paying Sales Tax but haven't paid it to OneMobile, you must pay the Sales Tax, along with any related penalties or interest, to the relevant tax authority. You must also provide evidence of payment upon request. OneMobile may pass on Sales Tax to its customers, which includes any tax measured by sales proceeds. If you fail to pay any Sales Tax, you will be liable for any expenses or liabilities arising from it, and you agree to indemnify OneMobile for any such liability.

9.5. Automatic Renewal
Once you subscribe to OneMobile's services, the subscription continues until it's cancelled according to the Terms. The subscription will renew automatically on the Renewal Commencement Date, and your account will be charged for the renewal, unless you cancel at least 30 days prior to that date. To cancel, you can log in to the "Change/Cancel Membership" page or contact OneMobile directly. Cancelling does not result in a prorated refund. You will be charged at the beginning of each subscription period, and if payment is not received, OneMobile may suspend or terminate your subscription, and continue to attempt to charge the Payment Provider until payment is received.

9.6. Disputes
To dispute any billing issues, you must notify OneMobile in writing within seven days of receiving your credit card statement. If you don't, your dispute will be considered waived. You can send your billing disputes to support@onecommerce.io

Indemnification

You are responsible for protecting and compensating OneMobile and its affiliates for any expenses, losses, or liabilities incurred due to:

Your Content

Your usage of OneMobile Properties

Your breach of the Terms or the rights of others

Your breach of any relevant legislation, rules, or regulations

OneMobile has the right to take over the exclusive defense and control of any matter that would otherwise be subject to your indemnification.

You are not required to indemnify OneMobile for unfair business practices, fraud, deception, false promises, misrepresentations, or the concealment, suppression, or omission of a significant fact.

These clauses will continue to be in effect after the expiration of your account or the Terms."



Disclaimer of Warranties and Conditions

11.1 As Is
Your use of OneMobile Properties is at your own risk.

OneMobile Properties are provided on an "as is" and "as available" basis.

OneMobile Parties disclaim all warranties, representations, and conditions of any kind, whether express or implied.

This includes implied warranties or conditions of merchantability, fitness for a particular purpose, and non-infringement.

These disclaimers apply to your use of the Services or Apps.

11.1.1.

OneMobile Parties make no warranty, representation or condition.

OneMobile Properties or any Apps will meet your requirements.

Your use of OneMobile Properties or Apps will be uninterrupted, timely, secure or error-free.

The results that may be obtained from use of OneMobile Properties or Apps will be accurate or reliable.

11.1.2.

Any content accessed through OneMobile Properties is accessed at your own risk.

You will be solely responsible for any damage to your property, including your computer system and any device used to access OneMobile Properties.

You will also be responsible for any other loss that results from accessing such content.

11.1.3.

Services and apps may experience delays, cancellations, and other disruptions.

OneMobile makes no warranty, representation, or condition regarding services, including their quality, effectiveness, reputation, or other characteristics.

11.1.4.

OneMobile may offer new beta features or tools for experimentation purposes

These features or tools are provided without any warranty

OneMobile reserves the right to modify or discontinue these features or tools at their sole discretion

The disclaimer of warranty applies to these beta features or tools.

11.2. No Liability for Conduct of Third Parties.
OneMobile parties are not responsible for the conduct of third parties on the services.

Users agree not to hold OneMobile parties liable for the conduct of third parties.

The risk of injury from third parties rests entirely with the user.

11.3. No Liability for Conduct of Other Users or Customers.
You are solely responsible for your interactions and communications with other users of OneMobile properties or your customers

OneMobile does not verify the statements made by users of OneMobile properties

OneMobile parties are not liable for any conduct or actions of other users or customers

Limitation of Liability

12.1. Disclaimer of Certain Damages
OneMobile parties are not liable for any loss of profits, revenue, or data, or any indirect, incidental, special, or consequential damages arising out of or in connection with OneMobile properties.

OneMobile parties are not liable for damages or costs due to loss of production or use, business interruption, procurement of substitute goods or services, or any other matter related to OneMobile properties.

OneMobile parties are not liable for any unauthorized access to or alteration of your transmissions or data, or statements or conduct of any third party on OneMobile properties.

The foregoing cap on liability does not apply to liability of a OneMobile party for death or personal injury caused by a OneMobile party’s negligence, or for any injury caused by a OneMobile party’s fraud or fraudulent misrepresentation.

In the UK, OneMobile does not seek to exclude or limit liability for death or personal injury caused by OneMobile's negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English or EU law.

12.2. Cap on Liability
OneMobile Parties' liability to you is capped at the greater of the total amount paid by you to OneMobile in the one-month period before the incident giving rise to liability or the remedy/penalty imposed by the statute under which the claim arises.

This cap on liability does not apply to OneMobile Parties' liability for death or personal injury caused by OneMobile's negligence, or for any injury caused by OneMobile Parties' fraud or fraudulent misrepresentation.

12.3. User Content
OneMobile is not responsible for the timeliness, deletion, mis-delivery, or failure to store any content, user communications or personalization settings.

OneMobile assumes no responsibility except for its obligation to protect your personal data as stated in its privacy policy.

12.4. Basis of the Bargain
The limitations of damages set forth above are fundamental elements of the basis of the bargain between OneMobile and you.

This means that the limitations of liability outlined in the agreement are an essential part of the agreement between OneMobile and its users.

Procedure for Making Claims of Copyright Infringement.
OneMobile terminates the membership of any user who repeatedly infringes copyright upon notification.

Users who believe their copyrighted work has been copied and posted on OneMobile Properties in a way that constitutes copyright infringement should contact OneMobile's Copyright Agent.

The Copyright Agent requires certain information to process a claim of copyright infringement, including an electronic or physical signature, description of the copyrighted work, location of the infringing material, contact information, and a written statement of good faith belief.

Contact information for OneMobile's Copyright Agent is provided.

Remedies

14.1. Violations
OneMobile has the right to investigate any possible violations of the Terms by users.

If criminal activity is suspected, OneMobile can refer the matter to legal authorities and cooperate with them.

OneMobile may disclose any information or materials, including user content, in its possession to comply with applicable laws, legal process, or government requests.

OneMobile can disclose information to enforce the Terms, respond to claims of third-party rights violations, respond to customer service requests, or protect OneMobile, its users, or the public.

OneMobile's disclosure of information is subject to applicable law.

14.2. Breach
OneMobile can take action if it determines that you have breached the Terms or behaved inappropriately.

OneMobile may warn you via email about the violation.

OneMobile can delete any of Your Content provided to OneMobile Properties.

OneMobile can discontinue your registration and subscription to any Services.

OneMobile can notify and cooperate with law enforcement authorities.

OneMobile can take any other action it deems appropriate.

Term and Termination

15.1. Term
The Terms commence on the date when you accept them (as described in the preamble above) and remain in full force and effect while you use OneMobile Properties, unless terminated earlier in accordance with the Terms

15.2. Prior Use
If you used OneMobile Properties before accepting the Terms, you agree that the Terms started on the date you first used the properties.

The Terms will remain in effect as long as you use OneMobile Properties, unless they are terminated earlier in accordance with the Terms.

15.3. Termination of Services by OneMobile
OneMobile may suspend or terminate any services provided to you if:

- timely payment cannot be charged for any reason

- you have materially breached any provision of the Terms

- OneMobile is required to do so by law

OneMobile has the right to suspend or terminate services immediately and without notice.

All terminations for cause are at OneMobile's sole discretion.

OneMobile is not liable to you or any third party for any termination of your account.

15.4. Termination of Services by You
To terminate OneMobile Services, you can (a) notify OneMobile at any time and (b) close your Account for all Services used.

Written notice should be sent to OneMobile's address.

Services will continue at the end of each subscription period unless you cancel your subscription as allowed under these Terms.

15.5. Effect of Termination
Termination of Services means no more access to the Services or Apps and no further use of them.

Termination also includes deletion of your information, files and Content associated with your Account.

Your right to use the Service terminates immediately upon termination.

Termination may result in the deletion of Your Content from OneMobile's live databases.

OneMobile has no liability for any suspension or termination, including for deletion of Your Content.

Provisions that should survive termination of Services include ownership provisions, warranty disclaimers, and limitation of liability.

15.6. No Subsequent Registration
If OneMobile discontinues your registration or access to OneMobile Properties for violating the Terms or inappropriate conduct, you cannot attempt to re-register or access OneMobile Properties.

You will not be entitled to receive a refund for fees related to the terminated access.

If you violate the previous sentence, OneMobile reserves the right to take immediate action without notice or warning to you.

International Users
OneMobile Properties can be accessed from anywhere in the world.

Not all Services and Content available on OneMobile Properties may be available in your country.

OneMobile does not guarantee the availability of all Services or Content in your country.

OneMobile makes no representations that OneMobile Properties are appropriate or available for use in other locations.

Those who access or use OneMobile Properties from other countries are responsible for complying with local laws.

Dispute Resolution
Any dispute or claim related to your use of the Website or products sold through it must be resolved through binding arbitration, except for claims that can be made in small claims court or claims for equitable relief related to intellectual property rights.

The arbitration agreement applies to all claims, including those made before the agreement's effective date.

By agreeing to arbitration, you waive your right to participate in a class, collective, or representative lawsuit against OneMobile and agree to pursue individual arbitration proceedings.

If successful in arbitration, you may be awarded monetary or other relief by an arbitrator.

You are advised to consult with an attorney before agreeing to this arbitration agreement.

General provisions
18.1. Electronic communications
Communications between you and OneMobile are electronic and legally binding.

You agree to receive electronic communications from OneMobile.

Electronic communications from OneMobile satisfy legal requirements for written communications.

18.2. Release
The user releases OneMobile Parties and their successors from any claims, demands, losses, damages, and actions related to or arising from the use of OneMobile Properties.

This release includes any interactions with other users or third-party websites.

If the user is a California resident, they waive California Civil Code Section 1542, which limits the scope of general releases.

The release does not apply to claims related to unconscionable commercial practices, fraud, deception, false promises, misrepresentation, concealment, suppression, or omission of material facts.

18.3. Assignment
The user cannot assign, subcontract, delegate, or transfer their rights and obligations under the Terms without OneMobile's prior written consent.

Any attempt to do so without consent will be null and void.

18.4. Force Majeure
OneMobile is not liable for any delay or failure to perform due to causes beyond its reasonable control

Examples of such causes include acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.

18.5. Questions, Complaints, Claims
If users have any questions, complaints, or claims about OneMobile Properties, they should contact OneMobile at support@onecommerce.io

We will try our best to address user concerns.

If the users feel that their concerns have not been adequately addressed, they can inform OneMobile for further investigation.

18.6. Exclusive Venue
Any claims or disputes related to the Agreement will be litigated only in Vietnam's state or federal courts, as agreed by both parties.

18.7. Notice
You must provide OneMobile with your current e-mail address.

Even if your e-mail address is not valid, OneMobile's dispatch of the notice will still count as effective.

18.8. Waiver
Any waiver or failure to enforce any provision of the Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion

18.9. Severability
If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.

18.10. Export Control
You can only use OneMobile Properties as authorized by U.S. law and any applicable laws in your jurisdiction.

OneMobile Properties cannot be exported to certain countries or individuals listed on U.S. government lists.

You must confirm that you are not located in a country under a U.S. government embargo or designated as a "terrorist supporting" country, and that you are not listed on any U.S. government list of prohibited parties.

You cannot use OneMobile Properties for prohibited purposes, including the development of weapons.

OneMobile products, services, and technology are subject to U.S. export control laws and regulations.

You must comply with these laws and regulations and not export or transfer OneMobile products, services, or technology to any country in violation of them.

Updated on: 26/04/2023

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