25 MT Auburn Street #100
Cambridge, MA 02138
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The Company’s strategy is to combine the mobile industry and markets and its emerging technologies in an innovative and creative way throughout the United States, Mexico, Latin America and Asia.
Mobile CorporationHarvard Square
Movil Pro de Mexico SA de CVPlaza Carso
Last modified: June 22, 2014
If you do not agree to your information being used or disclosed as described herein, please do not use the Site.
Type of Information Collected
We collect two types of information – personal information and anonymous information – and we may combine personal information and anonymous information for purposes of creating a third type of information, compiled information.
“Personal Information” is information that identifies (whether directly or indirectly) you as an individual such as: your name, address, email address, phone number, social security number, and other similar information which is not information generally known to the public.
“Anonymous Information” is information that does not directly or indirectly identify, and cannot reasonably be used to identify you. We may generate Anonymous information by gathering information automatically, or by compiling personal information while excluding personally identifying information such as those listed above as types of Personal Information.
“Compiled Information” is information about groups or categories of individuals which does not identify and cannot reasonably be used to personally identify and individual. We reserve the right to share Anonymous and Compiled Information with other parties without restriction.
We collect the following categories of information:
General Information Gathered to Provide our Services
We collect information to create work records (“Work Records”), which are used for the purpose of facilitating communication between Clients and Contractors in relation to jobs being completed (“Work Projects”). These Work Records may include information entered into the platform by the Contractor, such as a notes, memos, automatically gathered information, such as Mobile.co credentials, computer identification information, screenshots and metadata, and other similar data needed to monitor a Contractor’s work activity engaged in while working on a project (“Punched In”). The information gathered from Work Records is not treated as Personal Information and may be combined, analyzed, and used for the same purposes in which Anonymous and Compiled information is used and as expressed above.
Profile Sharing and Disclosure
You will be able to create a profile which will include certain information such as: name, location, profile picture, project completion information, feedback, ratings, skills, resume, hourly pay rates and other information provided by you on your profile within our platform. You may edit most information on your profile via your account. However, some information such as ratings will remain stored on your profile unless you delete your account. If you delete your account and choose to reactivate the account at a later time, the original feedback information will remain on your profile once reactivated. See the User Agreement for information on deleting your account.
We use information you disclose when you list a job on our Site to disseminate the job listing to users who may be able to complete the job posted in the job listing. We collect job listing data for each user as it relates to job listing interest, job listing bids, job completion, and other similar data which can be compiled to improve our services on the Site.
You will be able to provide feedback for Clients and Freelancers, depending on your role for a certain Project. The feedback will be stored on our platform and used to allow users to evaluate a user posting or applying for a particular Job Listing. The feedback will be tied to the identifying information stored within a user’s account and provided to Mobile.co during the registration process. The feedback will remain published on a user’s profile even after an account is deleted and reactivated again to prevent users from avoiding negative feedback. A dispute resolution process is available to users who disagree with certain feedback received from another user. Please see the Dispute Resolution Policy for clarification on how feedback issues are resolved.
Third Party Service Providers
Mobile.co uses certain third party companies for payment processing and billing for certain Services and User Account Subscriptions. We also may share your information to third party email marketing companies if you opt-in to allow use of your email for this purpose. These third party companies do not retain, share, store or use Personal information for any other purposes.
Mobile.co’s Payment System
Mobile.co requires users to pay with credit card, debit card, check, PayPal, or Tysis. Therefore, Mobile.co will collect your credit card number and payment information for whichever payment method you choose to use on our Site. We will only use that information to bill your Client membership fee and/or to perform the billing operations on your behalf, including, but not limited to disclosure to third party payment providers as necessary to complete billing operations. Mobile.co will only verify credit information, however, through the User participating in the authentication process.
Work Records Shared between Client and Freelancer for Project Monitoring
We will share information contained in Work Records only with the Client and with other users who share that Client’s Work Group Depository. We send a notice to Contractors each time we capture information for a Work Record, and the Contractor has 10 seconds to stop information from being uploaded to our Service. Contractors also have the ability to review and edit the information contained in the Work Record before it is frozen for billing at the end of the work week.
Identity Theft Prevention
Mobile.co is extremely cautious about properly protecting your information. The security of your personal information is important to us and we would like to remind you that there are not any forms of internet transmission or electronic storage which are 100% secure. We will encrypt your sensitive information such as credit card number or social security and other sensitive information which is stored on our systems. We will also take steps to verify your identity if there is suspicious activity on your account and we will notify you of such activity once we become aware.
Any legally required disclosures will be made to you via email or via other contact information if on file with us. Such disclosures will be made without unreasonable delay and in consistency with legitimate needs of law enforcement or any necessary measures to determine the extent of the breach. We will also make such disclosures as necessary to restore the reasonable integrity of our data system.
Sometimes, activity known as “Phishing” can occur and such activity is a concern to Mobile.co. We make every attempt to protect your information and we will never request your credit card information, account ID, login password or other protected information through a non-secure or unsolicited e-mail or telephone communication. Please visit the Federal Trade Commission’s website for more information regarding this type of activity.
Site Use Data
Whenever you visit our Site, we will collect certain browsing information and data, whether you are a registered user or not. This information is collected via different traffic reporting tools and used for us to monitor the origin of and behavior of traffic on our site. The information gathered includes: time spent on the website, geographical location of visitor, landing page data, and other similar information used for our team to evaluate the effectiveness, functionality, and overall appeal of our Site. We may use third parties to collect this data such as Google Analytics. These third parties have their own unique policies for the way in which this data is collected. Site Use Data is not considered Personal Information.
We store information about projects you have listed and projects you have completed depending on your user role. We collect this information to ensure compliance with our guidelines and our Agreement. We also collect this information so that we can evaluate the need for Services within our platform and modify those Services to meet your needs. Your project history will be made available for you to view and will not be available for others to view via your profile. You will have the option to make your project history available to others if you wish. This feature will be enabled at a later time.
Changing or Deleting Stored Information
You have the ability, as a registered user, to review, update, alter or delete the Personal Information in your registration profile by contacting Mobile.co or by making edits through the use of account tools provided on the Site. If you would like us to delete your account in our system, you must contact us via telephone or you must go through the steps available in the Delete Account Tool Section. Please remember that certain information will be stored after account deletion to prevent users with unsatisfactory feedback from creating separate accounts to avoid negative feedback history. Also keep in mind that Mobile.co cannot delete copies which have already been made from your account prior to deletion of your account through means such as: screen shots, cut and paste, etc.
Mobile.co may sell, transfer or share some or all of its assets, including your Personal Information in connection with a buyout, merger, acquisition, sale of assets or in the event of bankruptcy. The purchasing company or company receiving transferred, shared, or purchased assets from Mobile.co will be under the legal requirements for privacy protection as required by the laws guiding the jurisdiction where that company resides.
Mobile.co works with government and law enforcement officials as well as with private parties to enforce and comply with applicable law. We will help to promote compliance with applicable laws through disclosure of any information about you which is required, necessary, or appropriate to respond to any claims and legal process, to protect the rights of Mobile.co and third parties. We will also disclose such information as it is necessary to protect the safety of the public or any individual person, or to prevent activity which we may consider as activity posing a risk of illegality or likely to result in unethical or legally actionable activity.
This Agreement requires compliance with our “Dispute Resolution Policy” in the event that a disputearises from the use of our Site or Services. Our Dispute Resolution Policy requires a process whereMobile.co is notified of any dispute and provided with evidence from each User involved in thedispute so that Mobile.co can resolve the dispute. Once a decision has been made by Mobile.coregarding a dispute, the decision is final. A User disagreeing with Mobile.co’s decision regarding adispute agrees to mandatory arbitration and waives the right to a Jury Trial or Class Action unless theUser follows the Opt Out Procedure described in section (4.4).
1. Mobile.co Service
Mobile.co provides a mobile and portable environment for Clients and Freelancers to come togetherand engage in meaningful work project completion online. Under this Agreement, Mobile.co makesservices available to both Clients and Freelancers. Mobile.co provides a mobile platform which allowsMobile.co to bring global groups together for project completion while offering a unique interfacewhich allows Mobile.co to curate Client and Freelancer, monitor and guide the formation of contractsbetween Clients and Freelancers, manage any disputes which might arise on the platform, and provideservices which will encourage mobile project completion and globalized contact within our uniqueonline community.
By using the Service, you agree to accept these Terms of Service, including all policies and terms linkedto, incorporated, or otherwise referenced herein. If you do not agree to these Terms of Service, you areto cease using the Site and/or any Services we provide. Through your use of the Site and/or Services weprovide, you are giving your consent to the terms of this Agreement.
1.1 Defined Terms
“Mobile.co” is the name of the Site and all who offer Services within the Site.
“Freelancer” is the individual signed up on the Mobile.co Platform whom is seeking work to complete on behalf of a Client on the Platform.
“Client ” is the individual signed up on the Mobile.co Platform whom is seeking workers to complete jobs/projects.
“Mobile.co Platform” is the platform where Users are able to offer Projects and to accept Projects/jobs. There are various services and unique benefits offered through the platform.
“Agreement” refers to the User Agreement by which every User is bound.
“User” refers to any visitor of the Site whom makes use of and/or registers as a User on the Mobile.co Platform.
"Eligibility" means the User satisfies the requirements needed to obtain permission for use of the Site.
"1099 Service" is the Service provided by Mobile.co to Users in the United States which gives User's information and guidance for purposes of tax filing in relation to income earned within the Site.
"Site" means all areas of the Moible.pro platform which are made available to Users and are owned and copyrighted by Mobile.co.
"TOS" means all Agreements, Policies, and Procedures which must be agreed to and followed by Users of the Site.
"DMCA" means the Digital Millennium Copyright Act of 1998.
"Quality Control" is the unique process by which Mobile.co maintains and controls the quality of the Site through various products, services, and User assistance.
"Dispute Resolution Policy and Process" is the Process by which Mobile.co resolves disputes arising from use of the Site.
"Mandatory Dispute Resolution" means the Policy on the Site requiring all User's to engage in Mobile.co's Dispute Resolution Policy and Process.
"Proprietary Rights" means something that is used, produced, or marketed under exclusive legal rights of the inventor or maker.
"Jurisdiction" means the power or right of a particular court in a particular State to make judgments about the law, to arrest and punish criminals, etc. Jurisdiction controlling the Site and any Use thereof is exclusively limited to the jurisdiction of Arizona.
"Work File" is the location on the Site where all work documents are stored and all communications shall occur between Client and Freelancer regarding a particular Work Project.
"Work Project" means the agreed upon task/work resulting in an Agreement between Freelancer and Client which controls the manner in which the task/work will be performed.
"Time Log" means the compilation of time entries submitted by Freelancer in order to aid Client in paying out proper amounts for time worked.
1.2 Eligibility to Use Service
The Mobile.co platform is only available to Users who are at least 18 years of age and capable of entering into a legally binding contract. User agrees that the laws regulating the country where the User resides do not in any way prohibit User from accessing or using the Mobile.co Site.
1.3 1099 Service
Mobile.co provides U.S. citizen users with 1099 tax forms and reporting to help ensure proper tax reporting and compliance. Mobile.co will collect information relating to total income earned by each individual User at the end of each year and for purposes of issuing the proper 1099 information for tax purposes to individual Users earning over $600 USD in one tax year.
1.4 Mobile.co Compliance Monitoring to Ensure Work Productivity and User Satisfaction
Mobile.co has a unique platform where special individuals called “Mobile Professionals” gain the status of quality control (QC) through completing several Projects/Jobs to the satisfaction of the Client andthereby obtaining a special rating category. Mobile Professionals are selected by Clients to conduct Quality Control activities for the Client regarding future Project Offerings/Jobs. Each Client has theopportunity to choose one or more Mobile Professionals for that Client’s Job Listings. The Mobile Professional will have access to the work product being completed by a Client’s Freelancer whom has been chosen to complete a certain Project or Work for the Client. The Mobile Professional will rate the job performance of the Freelancer and report back to the Client regarding the work being completed. This additional monitoring provides Client with special quality control which is unique to Mobile.co.This quality control process will aid in giving Clients more control over the quality of work being performed for the Client.
1.5 Mobile Platform and Globalized Work Connectivity
Mobile.co focuses on a mobile platform where work activity can be completed flawlessly through use of various mobile devices. The platform offers connectivity on a globalized scale and opens a workforce which includes mobile individuals on an international scale. Specialized tools and functions are implemented into the platform of Mobile.co which make it the leader of the Global Mobile Online Workforce. Mobile.co provides a community for online workers to connect, interact, and grow in their professional careers in a meaningful way.
1.6 Work File
Mobile.co provides an area for Users to engage in work and communicate with one another regarding a particular Work Project. The Work File is a compilation of all data regarding a particular Work Project which has been awarded and assigned to a Freelancer by a Client. The Work File contains all documents which are tied to the agreed upon Work Project. Mobile.co reserves the right to alter the way in which the Work File functions on the platform and will notify Users of any changes through updates in the TOS.
1.7 Time Log
The Mobile.co Time Log will be kept and maintained by Mobile.co and will aid in tracking work progress and time spent on a particular Work Project.
2. Mobile.co Role Designation and Responsibilities
Mobile.co offers various Services depending on Role Designation and Responsibilities within the Site.The Designations alter the Services available and the Responsibilities which are tied to such Services. Policies regarding conduct, activity, and procedures are used to inform Users of requirements and expectations which Users must fulfill in order to remain a User on the Site. If misconduct occurs, Mobile.co will decide the result of the misconduct through its Dispute Resolution Policy and Process. Users whom do not follow Mobile.co rules or guidelines may receive warnings and/or suspension of the User Account depending on the severity of conduct and/or noncompliance with Mobile.co Policies.
2.1 Role of the Client
The Client is the User whom wishes to post jobs/projects with a purpose of coming into contact with another User on our Site (the Freelancer) whom can complete the job/project. The Client pays a monthly service fee of $30 per month and has access to special Services such as QC Specialist. The Client is responsible for following the Client Policies and Guidelines which are incorporated into this Agreement by reference. The Client Policies and Guidelines can be found on the Site at ( ).
2.2 Role of the Freelancer
The Freelancer is the User whom wishes to seek out jobs/projects on our Site with the purpose of finding a job/project which matches that particular Freelancer’s skill set and talents. A Freelancer will receive feedback from other Users, including Clients and Mobile Professionals engaging in QC. Freelancers are responsible for following the Freelancer Policies and Guidelines which are incorporated into this agreement by reference. The Freelancer Policies and Guidelines can be found on the Site within the User Agreement and Policy Privacy documents. Other Policies and Guidelines may be added and it is the User's responsibility to read updates. Any use of the Site is implied consent to any Policy, Guideline, or Procedural changes made by Mobile.co.
2.3 Role of Mobile.co
Mobile.co is a third party offering Services to the Client and the Freelancer which help to ensure a platform where work can be posted for individuals to bid upon. Mobile.co is responsible for ensuring an environment where Client and Freelancer can come together to complete work. Mobile.co also provides proper monitoring of project implementation through various Services offered on our Platform. Mobile.co may offer additional services at our own discretion. The Service is currently in Alpha format.
2.4 Service Contracts
User expressly acknowledges, agrees and understands that: (i) the Mobile.co Platform is merely a venue where Users may act as Clients or Freelancers; (ii) Mobile.co is merely a 3rd party beneficiary to any Service Contracts between Clients and Freelancers; (iii) User recognizes, acknowledges and agrees that User is not an employee of Mobile.co and that Mobile.co does not control User's work or Services; (iv) Mobile.co shall not have any liability or obligations under or related to Service Contracts or any acts or omissions by Users; (v) Mobile.co has no control over Freelancers or over the Services promised or rendered by Freelancers; and, (vi) Mobile.co makes no representations as to the reliability, capability, or qualifications of any Freelancer or the quality, security or legality of any Services, and Mobile.co disclaims any and all liability relating thereto.
2.5 Proprietary Rights
Mobile.co and its licensors reserve all Proprietary Rights in and to the Mobile.co Platform. User may not use the Mobile.co Platform except as necessary for the purposes of discharging its obligations under this Agreement and any Service Contract entered into pursuant to this Agreement. Mobile.co reserves the right to withdraw, expand and otherwise change the Mobile.co Platform at any time in Mobile.co's sole discretion. User shall not be entitled to create any "links" to the Mobile.co Platform, or "frame" or "mirror" any content contained on, or accessible through, the Mobile.co Platform, on any other server or internet-based device.
2.6 Limitations of Service/Disclaimers
You are solely responsible for creation, storage, and backup of your business records. This Agreement and any registration for or subsequent use of the Site will not be construed as creating any responsibility on Mobile.co’s part to store, backup, retain, or grant access to any information or data for any amount of time.
We have implemented commercially reasonable technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration ordisclosure. However, we are currently in Beta format and cannot guarantee that unauthorized third parties will not be able to defeat those measures or use your personal information for improper uses. You acknowledge that you provide your personal information, or information about the entity that you represent, at your own risk.
User expressly acknowledges, agrees and understands that the Mobile.co platform is merely a platform where Users may act as Clients or Freelancers and that Mobile.co is not a party to any Service Contracts between Clients and Freelancers. Mobile.co’s only obligations are to assist in quality assurance through our QC program and other measures including the unique operation of our platform and Services.
3. Security and Payment
Mobile.co takes serious measures to control security in payment to Freelancers and the integrity of the Site. Payment is processed through PayPal and Tsys. However, only Mobile.co will capture payment information from Users on our Site and we take extreme care to protect User information. Payment is processed upon Project completion for work by Project and once every week for hourly work. Please take care to be cautious and aware of the privacy level of the device you are using to access our Sitewhen entering payment information. The safest devices for payment information submission will be personal/private devices rather than public devices.
3.1 Identity and Account Security
Mobile.co reserves the right to validate User information at any time, including but not limited to validation against third party databases or the verification of one or more official government or legal documents that confirm the User's identity. You authorize Mobile.co, directly or through third parties, to make any inquiries necessary to validate your identity and confirm your ownership of your email address or financial accounts, subject to applicable law. Failure to provide information about you andyour business when requested is a violation of this Agreement. The User is solely responsible for ensuring and maintaining the secrecy and security of the User's Mobile.co account password. User agrees not to disclose this password to anyone (or, in the case of an Agency (as defined below in Section 3), not to disclose this password to anyone who is not a subcontractor of such Agency), and shall be solely responsible under all circumstances for any use of or action taken through the use of such password on the Mobile.co Platform. You must notify Mobile.co Support immediately if you suspect that your password has been lost or stolen. By using your Mobile.co User account, you acknowledge and agree the Mobile.co account security procedures are commercially reasonable.
3.2 Payment of Funds to Freelancers
Mobile.co will track work progress for various Users each week and debit proper amounts from the Responsible Client account for work completed. Mobile.co will then pay the Freelancer money due for work completed at the end of each work week for the work completed in the prior work week so long as there is no dispute regarding the completed work or submitted hours. If there is a dispute regarding the hourly work, Users must follow the Mobile.co Dispute Process prior to funds being paid to the worker. Mobile.co will make payments for Projects within one week after the Project has been completed.
3.3 Obligation to Remain on Platform for Payment
All Users agree to remain on the Mobile.co platform in order for payment to be processed and guaranteed in line with our Service guarantee and various policies. Users will not leave the platform to engage in payment processing and such action would breach the contract agreed to within this User agreement. Any action that encourages or solicits complete or partial payment outside of the Mobile.co Platform is a violation of this Agreement. Should a Client or Freelancer (including an Agency) be found in violation of this section of this Agreement, it will owe Mobile.co an amount with respect to each Service Contract equal to the greater of a) $1,200; or b) the applicable fees had the payments been processed through the Moible.pro Platform, plus 18%. Such action would result in damages to Mobile.co which could be sought in a court of law if all other means were to be exhausted.
If Client fails to pay amounts due under this Agreement, whether by cancelling Client's credit card, initiating an improper chargeback, or any other means, Client's Mobile.co account will be suspended, no additional payments will be processed, and any work-in-progress will be stopped. Without limiting other available remedies, Client must reimburse Mobile.co for amounts due upon demand, plus any applicable processing fees, charges or penalties, plus interest at the lesser of one and one-half percent (1.5%) per month or the maximum allowed by law, plus attorneys' fees and other costs of collection as allowed by law. In its discretion, Mobile.co may set off amounts due against other amounts received from or held for Client, make appropriate reports to credit reporting agencies and law enforcement authorities, and cooperate with them in any resulting investigation or prosecution.
Notwithstanding the provisions set forth above, Users may agree to provide or receive Services outsideof the Mobile.co Platform with Users identified through Mobile.co. If the Services are rendered morethan three (3) years after the Client identifies the Freelancer through Mobile.co, no Mobile.co Fees or buyout provisions apply. If Services are rendered outside of Mobile.co less than three (3) years after the Client identifies the Freelancer through Mobile.co, payments for such Services will not be subject to the Mobile.co Fees, provided that the Client pays Mobile.co a "Buy-Out" amount in accordance with the procedure set forth below:
3.6 Account Holds
In cases of fraud, abuse or violation of this Agreement, the Mobile.co Payment Guarantee shall be revoked and all monies due to the Freelancer may be held and/or reclaimed, not just those from the Contract(s) under investigation. For Hourly-Rate Contracts only, Clients may dispute hours during the dispute period following the close of a weekly invoice period. It is the Client's responsibility to review the Work Diary and Time Log of every Service Contract on a weekly basis and to file any disputes on a timely basis. Once the dispute period has passed, the charges are accepted by the Client and can no longer be disputed and can only be refunded by the Freelancer. Disputes can only address the hours billed, not the quality of the work performed or deliverables. Mobile.co will promptly investigate the Time Log to determine, in its sole discretion, whether an adjustment is appropriate. Mobile.co's determination shall be final.
4. Dispute Resolution Policies and Jurisdiction
For Hourly-Rate Contracts only, Clients may dispute hours during the dispute period following the close of a weekly invoice period. It is the Client's responsibility to review the Work File and Time Log of every Service Contract on a weekly basis and to file any disputes on a timely basis. Once the dispute period has passed, the charges are accepted by the Client and can no longer be disputed and can only be refunded by the Freelancer. Disputes can only address the hours billed, not the quality of the work performed or deliverables. Mobile.co will promptly investigate the Time Log to determine, in its sole discretion, whether an adjustment is appropriate. Mobile.co's determination shall be final.
The appropriate jurisdiction for any disputes arising under this Agreement and the Service offered is that of the State of Arizona. All Users agree to waive jurisdiction in any state other than the state of Arizona and furthermore agree that Arizona is the appropriate jurisdiction for any disputes or claims arising from the use of Mobile.co, the Site or our Services. All Users also agree to pursue the process as described in the Mandatory Dispute Resolution Section of this User Agreement.
4.2 Mandatory Dispute Resolution
All Users agree to mandatory dispute resolution. Should any dispute arise under this Agreement or under the use of our Platform, the User agrees to engage in activity which would result in the attempt to communicate to our Service Center any dispute and request for resolution. All Users agree that the resolution process by which a Mobile.co Dispute Resolution Specialist will evaluate conflict and/or claims brought forth is a sufficient process for handling disputes arising from use of the Site. All Users agree that the resulting decision and recommended course of action made by a Mobile.co Dispute Resolution Specialist will be acceptable and agree to follow such a decision and recommended course of action. All Users agree to submit proper documentation within the one week period following the initial filing of a dispute. Proper documentation is documentation supporting the User's claim giving rise to the dispute (Ex. hours reported do not equal hours worked).
The Mobile.co Dispute Resolution Specialist will review the documentation submitted and schedule a date for Final Decision. Both Users party to the dispute must be present online on the Final Decision date. If either party is not present, a default Final Decision shall be made in favor of the attending party. Should such a decision be to the dissatisfaction of a User, such User agrees to engage in an Alternative Dispute Resolution Process where an ADR representative will be sought out to render a decision on the dispute. The losing party in said dispute will be responsible for ADR fees. User agrees to give up the right to a Jury Trial or Class Action. Users have the right to opt out of binding arbitration by following the Opt Out Procedure listed below.
4.3 Policy Enforcement and Agreement
Mobile.co has the right, but not the obligation, to suspend or cancel your access to the Mobile.co Platform if it believes that you have violated or acted inconsistently with the letter or spirit of this Agreement or violated our rights or those of another party. Without limiting Mobile.co's other remedies, we may suspend or terminate your account, use self-help in connection with our rights to reclaim any available funds, and refuse to provide any further access to the Mobile.co Platform to you if (a) you breach any terms and conditions of this Agreement or other written policies and procedures posted on the Site; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause legal liability for you, our Users or for Mobile.co. Once suspended or terminated, you MAY NOT continue to use the Mobile.co Platform under a different account or reregister under a new account.
If you attempt to use the Mobile.co Platform under a different account, we reserve the right to reclaim available funds in that account and/or use an available payment method to pay for any amounts outstanding. In addition, violations of this Agreement may be prosecuted to the fullest extent of the law and may result in additional penalties and sanctions. When your User account is canceled, you may no longer have access to any parts of the Mobile.co Platform, including data, messages, files and other material you keep on Mobile.co.
4.4 Opt Out Procedure
A User must take action in order to opt out of the binding arbitration requirement as described in the Mandatory Dispute Resolution section of this Agreement (Section 4.2). Action is required to protect your legal right to sue in Mobile.co in court or to participate in any way in a class action, collective action, private attorney general action or other representative proceeding. The only way you may assert your right to opt out of the Mandatory Dispute Resolution process described in Section 4.2 is through written notification, sent within 30 days of the effective date of this agreement or within 30 days of your first visit to our Site. The written notice must describe your desire to opt out of the Mandatory Dispute Resolution section and your desire to preserve your right to sue Mobile.co in court or to participate in any other legal proceeding arising from your use of the Site or our Services which is not a legal proceeding available to you if you fail to assert your rights to such proceedings through the above described written notification. The written notice must be sent to Mobile.co, (address here), Attention General Counsel and must include the following:
5. Client and Freelancer Contract
5.1 Contractual Agreement for Work is between Client and Freelancer
Client and Freelancer acknowledge and agree that when Freelancer accepts a Job awarded by Client, Client and Freelancer will be deemed to have entered into a “Contractual Agreement for Work” comprising the following agreements: (1) the Terms of Service; and (2) the Job terms awarded and accepted on the Site, to the extent not inconsistent with the Required Terms (defined below); and (3) any other contractual provisions accepted by both Client and Freelancer and uploaded to the Site, to the extent not inconsistent with the Required Terms.
5.2 Required Terms
A Member Contract may modify only certain provisions of the Terms of Service as follows:
Contractual Agreement for Work
A Member Contract may modify the Contractual Agreement for Work to the extent any Client and Freelancer agree to contrary Job termsor contractual provisions and record their agreement on the Site in accordance with the Terms of Service.
Except as expressly permitted for in the foregoing provisions of this section titled “Mandatory Terms,” all other provisions of the Terms of Service may not be modified and are called “Required Terms.” Any purported modification to the Mandatory Terms will be null and void.
5.3 Mobile.co as a Third Party Beneficiary to the Contract and Means of Enforcement
Mobile.co is a Third Party Beneficiary to the Contract and has authority to enforce the contract terms through the User Agreement terms by which Users are bound. From time to time, a User may ask Mobile.co to provide a physical or manually signed copy of this Agreement, a Service Contract, or an ancillary document (for example, to enable a User to withdraw payments from User's foreign bank account). User hereby appoints Mobile.co as its agent for the limited purpose of executing documents that confirm User's activities on the Mobile.co Platform. Mobile.co will act on User's behalf and in a clerical capacity, without in any way restricting Mobile.co's rights or expanding Mobile.co's obligations under this Agreement or any Service Contract. Each User appoints Mobile.co as its agent to execute an Act of Acceptance or equivalent instrument on the User's behalf documenting payments made or to be made to Freelancers or to Mobile.co, if another User so requests.
5.4 Work Product and Proprietary Rights in Work Product
Proprietary Rights in Work Product shall be owned by Freelancer until payment has been made by Client, at which time Freelancer will be deemed to have assigned all Proprietary Rights in the Work Product to Client. For Hourly-Rate Contracts, Client must pay for all hours that qualify for the Payment Guarantee. For Fixed-Price Contracts, Client has complete and sole discretion whether and how much to pay; however, if Client does not pay in full, Freelancer may terminate the Service Contract by refunding any partial payment, and Freelancer will retain Proprietary Rights in Work Product. To the extent that under applicable law, Proprietary Rights cannot be assigned, Freelancer hereby irrevocably agrees to grant, and hereby grants, to Client an exclusive (excluding also Freelancer), perpetual, irrevocable, unlimited, worldwide, fully paid, and unconditional license to use and commercialize Work Product in any manner now known or in the future discovered.
To the extent such license grant is not fully valid, effective or enforceable under applicable law, Freelancer hereby irrevocably agrees to grant, and hereby grants, to Client, such rights as Client reasonably requests in order to acquire, as close as possible, all rights equivalent to full legal ownership. In order to ensure that Client will be able to acquire, perfect and use such Proprietary Rights, Freelancer will: (i) transfer possession, ownership, and title to media, models, and other tangible objects containing Work Product to Client, including delivery of a complete copy of the source code for any software, documented in sufficient detail to enable a reasonably skilled programmer to correct, integrate and modify it; (ii) sign any documents at Client's request to assist Client in the documentation, perfection and enforcement of its rights; and (iii) provide Client with support and reasonable access to information for recording, perfecting, securing, defending, and enforcing such Proprietary Rights in any and all countries. In the case that under applicable law,
Freelancer retains any rights of paternity, integrity, disclosure and withdrawal and any other rights that may be known as or referred to as "moral rights" (collectively "Moral Rights") or other inalienable rights to Work Product or Confidential Information under this Agreement, Freelancer irrevocably agrees to waive, and hereby waives, all such rights, or, to the extent Freelancer cannot waive such rights, Freelancer agrees not to exercise such rights, until Freelancer has provided prior written notice to Client and then only in accordance with any reasonable instructions that Client issues in the interest of protecting its rights. Freelancer's obligations under this Section 5.4 will continue even after Freelancer deregisters from or ceases use of the Mobile.co Platform.
5.5 Client Deliverables
Client grants Freelancer a limited, non-exclusive, revocable (at any time, at Client's sole discretion) right to use the Client Deliverables as necessary for the performance of the Services. Client reserves all other rights and interest, including, without limitation, all Proprietary Rights, in and to the Client Deliverables. Upon completion or termination of the Service Contract, or upon written request by the Client, Freelancer shall immediately return all Client Deliverables to the Client and further agrees to purge all copies of Client Deliverables and Work Product contained in or on Freelancer's premises, systems, or any other equipment otherwise under Freelancer's control. Within ten (10) days of Client's request, Freelancer agrees to provide written certification to the Client that all Client Deliverables have been returned or purged.
5.6 Termination of Service Contract
Under Hourly-Rate Contracts, either party may terminate the Service Contract at any time for any or no reason. However, the Client remains obligated to pay for any time the Freelancer worked prior to termination.
For Fixed-Price Contracts, the Client may terminate at any time but may not recover any payments already made. The Freelancer may terminate a Fixed-Price Contract at any time if no payment has been made. If a payment has been made on a Fixed Price Contract, the Freelancer may terminate only with the Client's consent or after the payment has been refunded.
5.6 Termination of Service Contract
Client assumes all liability for proper classification of Freelancers as independent contractors or employees based on applicable legal guidelines. This Agreement does not create a partnership or agencyrelationship between Client and Freelancer. Freelancer does not have authority to enter into written or oral - whether implied or express - contracts on behalf of Client. Freelancer acknowledges that Mobile.co does not, in any way, supervise, direct, or control Freelancer's work or Services performed in any manner. Mobile.co does not set Freelancer's work hours and location of work, nor is Mobile.co involved in determining if the compensation will be set at an hourly or fixed rate or in setting the particular rate for a service contract. Mobile.co will not provide Freelancer with training or any equipment, labor or materials needed for a particular Contract. Mobile.co will not deduct any amount for withholding, unemployment, Social Security, or other taxes as it would in the case of an employee.
Client and Freelancer will be solely responsible for all tax returns and payments required to be filed with or made to any federal, state, or local tax authority, in any nation, with respect to Freelancer's performance of Services. For Contracts classified as independent contractor relationships, Client may not require an exclusive relationship between Client and Freelancer. A Freelancer classified as independent contractor is free at all times to provide Services to persons or businesses other than Client, including any competitor of Client. For Contracts classified as employer-employee relationships, Client will manage the Service Contract through the payrolling program made available on the Mobile.co Platform by a third-party payroll provider, where the Freelancer becomes an hourly employee of such third-party payroll provider and Freelancer and Client enter into appropriate additional agreements.
Client and Freelancer agree to indemnify, hold harmless and defend Mobile.co from any and all claims arising out of or related to their Service Contract, including but not limited to claims that Freelancer was misclassified as an independent contractor, any liabilities arising from a determination by a court, arbitrator, government agency or other body that Freelancer was misclassified (including, but not limited to, taxes, penalties, interest and attorney's fees), any claim that Mobile.co was an employer or joint employer of Freelancer, as well as claims under any employment-related laws, such as those relating to employment termination, employment discrimination, harassment or retaliation, as well as any claims for overtime pay, sick leave, holiday or vacation pay, retirement benefits, worker's compensation benefits, unemployment benefits, or any other employee benefits.
6. Confidential Information
To the extent a Client or Freelancer provides Confidential Information to the other, the recipient shall protect the secrecy of the Confidential Information with the same degree of care as it uses to protect its own confidential information, but in no event with less than due care, and shall not: (i) disclose Confidential Information to anyone except, in the case of Mobile.co, to any Client or Freelancer engaged in a Contract; and (ii) use the Confidential Information, except as necessary for the performance of Services for the relevant Service Contract (including, without limitation, the storage or transmission of Confidential Information on or through Mobile.co Platform for use by Freelancer).
If and when Confidential Information is no longer needed for the performance of Services for the relevant Contract, or at the Client's or Freelancer's written request (which may be made at any time at Client's or Freelancer's sole discretion), Client or Freelancer (as the case may be) shall promptly destroy or return all Confidential Information and any copies thereof contained in or on its premises, systems, or any other equipment otherwise under its control. Each of Client or Freelancer, as applicable, agrees to provide written certification to the party disclosing the Confidential Information of compliance with this Section 6.2 within ten (10) days after the receipt of disclosing party's written request to certify.
Without limiting Section 6.1 (Confidentiality), Client, Freelancer and Mobile.co shall not publish, or cause to be published, any Confidential Information or Work Product, except as may be necessary for performance of Services for a Contract.
7. Limitation of Liability and Warranty Disclaimer
Mobile.co has limited liability to Users and makes no Warranties as expressed in section 7.2.
7.1 Limitation of Liability
IN NO EVENT WILL MOBILE.CO BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR INDIRECT COSTS OR DAMAGES, LITIGATION COSTS, INSTALLATION AND REMOVAL COSTS, OR LOSS OF DATA, PRODUCTION OR PROFIT. THE LIABILITY OF ODESK TO ANY USER FOR ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT EXCEED THE GREATER OF: (A) U.S. $2,200; AND (B) ANY MOBILE.CO FEES RETAINED BY MOBILE.CO WITH RESPECT TO CONTRACTS ON WHICH USER WAS INVOLVED AS CLIENT OR FREELANCER DURING THE SIX (6) MONTH PERIOD PRECEDING THE DATE OF THE CLAIM. THESE LIMITATIONS SHALL APPLY TO ANY LIABILITY, ARISING FROM ANY CAUSE OF ACTION WHATSOEVER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH COSTS OR DAMAGES AND EVEN IF THE LIMITED REMEDIES PROVIDED HEREIN FAIL OF THEIR ESSENTIAL PURPOSE.
7.2 Warranty Disclaimer
MOBILE.CO MAKES NO EXPRESS REPRESENTATIONS OR WARRANTIES WITH REGARD TO THE SERVICES, WORK PRODUCT, MOBILE.CO PLATFORM OR ANY ACTIVITIES OR ITEMS RELATED TO THIS AGREEMENT. TO THE MAXIMUM EXTENT PERMITTED BY LAW, MOBILE.CO DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE TERMINATION SECTION OF THIS AGREEMENT STATES USER'S SOLE AND EXCLUSIVE REMEDY AGAINST MOBILE.CO WITH RESPECT TO ANY DEFECTS, NON-CONFORMANCES OR DISSATISFACTION.
8.1 Indemnification by Client
Each Client shall indemnify, defend and hold harmless the Indemnified Parties from any and all claims, damages, liabilities, costs, and expenses (including, but not limited to, reasonable attorneys' fees and all related costs and expenses) arising from or relating to (i) such Client's use of Services, including without limitation claims by or on behalf of any Freelancer for Worker's Compensation or unemployment benefits, or (ii) any Service Contract entered into between such Client and a Freelancer.
8.2 Indemnification by Freelancer
Each Freelancer shall indemnify, defend and hold harmless the Indemnified Parties from any and all claims, damages, liabilities, costs, and expenses (including, but not limited to, reasonable attorneys' fees and all related costs and expenses) arising from or relating to (i) such Freelancer's provision of Services, or (ii) any Service Contract entered into between such Freelancer and a Client.
9. Term of Contract and Termination
The term of this Agreement commences on the Effective Date and continues in effect until terminated in accordance with Section 9.2 below.
Either party may terminate this Agreement at any time, with or without cause, effective immediately upon written notice to the other party (or by terminating or suspending User's account), provided, that any such termination for convenience shall not affect the validity of any Service Contracts that have been executed prior to termination and this Agreement shall continue to apply with respect to such Service Contracts.
9.3 Consequences of termination
Termination shall not relieve Client of the requirement to pay for time spent and expenses incurred prior to the effective date of the termination, which fees and expenses, together with any applicable taxes, shall be charged to Client's credit card or other form of payment pursuant to the (Payment Methods) Section of the User Agreement. Subject to the (Dispute Resolution Policy), Mobile.co shall pay Freelancer, in accordance with the provisions the (Invoices and Payment Methods) section, for all time recorded in the Time Logs incurred prior to the effective date of the termination.
10. Limited License
10.1 Site License
Subject to and conditioned on compliance with this Agreement and the other Terms of Service and Site Policies, Mobile.co grants you a limited license to access and, if you are a Member, to use the Site for the purpose of ordering and receiving the Site Services available and authorized from the Site. You must not access or use the Site or Site Services for any reasons that are in competition with Mobile.co. You must not sell, reproduce, distribute, modify, display, publicly perform, prepare derivative works based on, repost or otherwise use any content of the Site in any way for any public or commercial purpose without prior written consent of Mobile.co or the rights holder. You must not use any content of the Site on any other web site or in a networked computer environment for any purpose except your own viewing. You must not frame or link to the Site except as permitted in writing by Mobile.co.
You must not attempt to reverse engineer or attempt to interfere with the operation of any part of the Site unless expressly permitted by law. The Site or any portion of the Site may not be reproduced, duplicated, copied, sold, resold or otherwise exploited for any commercial purpose that is not expressly permitted by Mobile.co. Mobile.co and its licensors retain all of their right, title and interest in and to all patent rights, inventions, copyrights, know-how, and trade secrets relating to the Site. The Mobile.co logo and name are trademarks of Mobile.co and may be registered in certain jurisdictions. All other product names, company names, marks, logos and symbols on the Site may be the trademarks of their respective owners. Except as expressly stated, nothing in this Agreement confers any license under any of Mobile.co's or any third party’s Intellectual Property Rights, whether by estoppel, implication or otherwise.
10.2 User Content License
When you post User Content on the Site, you represent and warrant that you have the right, power and authority to post that content and grant the licenses specified below. You further represent and warrant that by posting such User Content you will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights, rights of publicity and privacy rights. To the extent your User Content may be copyrightable, you represent, warrant and covenant that you are the owner of all the copyright rights to such User Content and that Mobile.co may exercise the rights to your User Content granted under this Agreement without any liability or obligation for any payment.
You retain all your ownership rights in any User Content you post on Mobile.co. You also grant to Mobile.co, its successors and Affiliates, a royalty-free, sub-licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Site and Mobile.co's (and its successors’ and Affiliates’) business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User a non-exclusive license to access your User Content through the Site, and to use, reproduce, distribute, display and perform such User Content, only to the extent permitted through the normal functionality of the Site and subject to all applicable confidentiality and other provisions of the Terms of Service.
Notwithstanding the foregoing paragraph, Mobile.co will only use or disclose User Content you post to any Workroom or other non-public area of the Site to the extent necessary to provide Site Services to you.
The above licenses granted by you will terminate within a commercially reasonable time after you remove or delete your User Content from the Site, except that you grant Mobile.co, its successors and Affiliates, the irrevocable and perpetual license to retain and use, but not publicly display, distribute, or perform, server or archival copies of all User Content that you have removed or deleted to the extent permitted by applicable law.
You may submit comments or ideas about the Site, including without limitation about how to improve the Site or our products (“Ideas”). By submitting any Ideas, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Mobile.co under any fiduciary or other obligation, that your Ideas do not contain the confidential or proprietary information of third parties, and that we are free to use the Ideas without any additional compensation to you and to disclose the Ideas on a non-confidential basis or otherwise to anyone. You further acknowledge and agree that, by acceptance of your submission, Mobile.co does not waive any rights to use similar or related ideas known or developed by Mobile.co or obtained from sources other than you.
11. Scope of Use
11.1 Unauthorized Access and Use; Site Interference; Malicious Software
The Site contains robot exclusion headers. You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. You will not access the audiovisual content available on the Site for any purpose or in any manner other than streaming. You agree that you will not: (a) take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure; (b) copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (other than content you have submitted to the Site) from the Site, any software code that is part of the Site, or any services that are offered on the Site without the prior express written permission of Mobile.co and the appropriatethird party, as applicable; (c) interfere or attempt to interfere with the proper operation of the Site or any activities conducted on the Site; (d) bypass any measures we may use to prevent or restrict accessto the Site or any subparts of the Site, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Site or the content therein; (e) transmit spam, chain letters, or other unsolicited communications; (f) attempt to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Site; (g) collect or harvest any personally identifiable information, including account names, from the Site; (h) access any content on the Site through any technology or means other than those provided or authorized by the Site; or (i) directly or indirectly, advertise or promote another website, product, or service or to solicit other Users for other websites, products or services.
Additionally, you agree that you will not post or introduce any invalid data, virus, worm, or other harmful or malicious software code, agent, hidden procedure, routine or mechanism, through or to the Site or the Site software, that is designed to cause to cease functioning, disrupt, disable, harm or otherwise impair in any manner, including aesthetic disruptions or distortions, the operation of, or to allow you or any other person to access, or damage or corrupt data, storage media, programs, equipment or communications or otherwise interfere with operations of or on, the Site or any other software, firmware, hardware, computer system or network of Mobile.co or any third party. Further information regarding other prohibited conduct can be found in the Site Usage Policy.
11.2 General User Obligations.
You agree that you may not access the site, or attempt to access, for any purpose other than use of the Site for which it was made. You shall not participate in or carry out any activity which would interfere with or halter the functioning of the Site. You will not upload or attach any invalid or malicious files which may hinder the Site in any way. You shall not insert any links into the Site through any means. You agree that you shall not "scrape" the site or obtain any data from the Site for any means or purpose. You will not obtain any information from the Site for personal use aside from the use for which the Site was meant. You will not disseminate any data from the Site for any marketing, data compilation or enhancing purpose, or copy, re-post or re-use data from the Site for any other service. You agree to not to use any software or other which would interact or operate with the Site for any purpose including but not limited to: downloading, uploading, posting, flagging, emailing, searching, mobile use, or other.
11.3 Digital Millennium Copyright Act and Protection
You agree to follow the Digital Millennium Copyright Act of 1998 (DMCA) and consent to Mobile.co's Protection Policy as explained in section 11.4. You shall not violate the DMCA and agree that Mobile.co will take action if the DMCA is violated, after submission of a claim by another User and after careful assessment of the allegation.
All User's shall ensure that no Work Product created or delivered by Freelancer includes any pre-existing software, technology or other intellectual property, whether such pre-existing intellectual property is owned by Freelancer or a third party including, without limitation, code written by proprietary software companies or developers in the open source community (collectively "Pre-existing IP") without obtaining the prior written consent of the Client to the inclusion of such Pre-existing IP in the Work Product. Freelancer acknowledges that, without limiting any other remedies, Freelancer shall not be entitled to payment for, and shall refund to Client any payments previously made by Client to Freelancer for, any Services performed on a Service Contract if the Work Product contains any Pre-existing IP that was not approved in accordance with this Section 11.3 and Section 11.4 below.
11.4 Protection Policy
Mobile.co cares about User security and the integrity of our Site. We assist with the protection of copyrighted material through the implementation of careful procedures to handle allegations of copyright infringement. If a User believes that his/her copyrighted work/material has been infringed upon by another User, both User's are obligated to submit documentation supporting each User's claim or defense to Mobile.co's legal team. The legal team will evaluate the claims and supporting documentation prior to issuing a decision and subsequent action on the claim. Any act which violates the DMCA will result in suspension of the offending User's account and removal of the infringing material if applicable. All User's agree to follow Mobile.co's Mandatory Dispute Resolution Process if there is any disagreement with the final decision of Mobile.co's legal team.
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