Terms and Conditions
Last updated: Apr 28, 2021The following Terms and Conditions govern your use of the content available at or through the MagneticOne MobileWorks website (the “Site”) and the MagneticOne MobileWorks apps (the “Apps”), owned and operated by MagneticOne. By using the Site and/or the Apps, you irrevocably agree that such use is subject to these Terms and Conditions. If you are entering into these Terms and Conditions on behalf of an entity, you represent that you have the authority to bind such entity, its affiliates and all users who access our Apps to these Terms and Conditions. If you do not agree to these Terms and Conditions, you may not use the Site or the Apps. Violation of any of the terms below will result in the termination of Apps usage. Definitions:
- “Apps” means MagneticOne MobileWorks apps, namely, Business Card Reader, Call Tracker and other apps, which can be found here: https://magneticonemobile.com/ .
- “Site” means MagneticOne MobileWorks website at the following link: https://magneticonemobile.com/.
- “Account” means MagneticOne MobileWorks Account created automatically by the MagneticOne MobileWorks according to the Account Terms mentioned in these Terms and Conditions.
- “You” (your, yours, etc.) means the visitor of the Site, the applicant for the Apps usage, the Apps user.
- “We” (us, our, etc.) or “MagneticOne MobileWorks” also known as MagneticOne (dba MagneticOne MobileWorks).
- “MagneticOne MobileWorks trademarks” means “MagneticOne MobileWorks”, “magneticonemobile.com” and MagneticOne MobileWorks logos and such other names, logos, trade names, trademarks, service marks, trade dress, design marks, brands, copyrights in any designs and other copyrightable subject matter of MagneticOne MobileWorks.
1. GENERAL TERMS
1.1.2. The failure of MagneticOne MobileWorks to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. The Terms and Conditions incorporate the entire agreement between you and MagneticOne MobileWorks and govern your use of the Apps, superseding any prior agreements between you and MagneticOne MobileWorks (including, but not limited to, any prior versions of the Terms and Conditions).
1.1.3. You may not assign your MagneticOne MobileWorks user’s rights or obligations under these Terms and Conditions without MagneticOne’s prior express written consent.
1.1.4. Should a provision of these Terms and Conditions be invalid or become invalid then the legal effect of the other provisions shall be unaffected. A valid provision is deemed to have been agreed which comes closest to what the parties intended commercially and shall replace the invalid provision. The same shall apply to any omissions.
1.2.1. MagneticOne MobileWorks reserves the right, at its sole discretion, to modify, add or remove portions of these Terms and Conditions at any time. Any modifications, such as augmentation or enhancement of the current Apps, including the release of new tools and resources, shall be subject to the Terms and Conditions. Your continued use of the Apps shall constitute acceptance of the Terms and Conditions as modified.
1.2. Modification of Terms
1.3.1. We claim no intellectual property rights over the data you provide to the Apps. Your profile and data uploaded remain yours. When taking part in surveys or providing testimonials, you agree to allow MagneticOne MobileWorks to publish the Data without your prior consent.
1.3. Copyright, Content Ownership, Trademarks.
1.3.2. MagneticOne MobileWorks does not pre-screen Data, but MagneticOne MobileWorks and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Data that is available via the Apps.
1.3.4. You recognize MagneticOne’s right, title, and interest in and to all MagneticOne MobileWorks trademarks used by MagneticOne and agree not to engage in any activities or commit any acts, directly or indirectly, that may contest, dispute, or otherwise impair the MagneticOne’s right, title, and interest therein, nor shall you cause diminishment of value of MagneticOne MobileWorks trademarks through any act or representation.
1.3.5. MagneticOne shall own all worldwide right, title, and interest (including copyright and other proprietary or intellectual property rights) in and to the Code Content of the MagneticOne MobileWorks Apps.
1.3.6. You understand and agree that MagneticOne MobileWorks Apps is proprietary software and is delivered as a SaaS (Software as a Service) model only. MagneticOne MobileWorks Apps may not be transferred, altered, copied or duplicated in any way or for any reason and may only be used by you if you pay for MagneticOne MobileWorks Apps usage according to these Terms and Conditions.
2.APPS SPECIFIC TERMS
2.1. Acceptance of Apps2.1.1. Your use of the Apps is at your sole risk. The Apps are provided on an “as is” and “as available” basis.
2.1.2. While MagneticOne prohibits offensive conduct and content on the Site and Apps, you understand and agree that MagneticOne cannot be held responsible for the information you might be exposed to.
2.1.3. You understand that MagneticOne MobileWorks uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Apps.
2.1.4. You expressly understand and agree that MagneticOne shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if MagneticOne has been advised of the possibility of such damages) resulting from: i) the use or the inability to use the Apps; ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Apps; iii) unauthorized access to or alteration of your transmissions or data; iv) statements or conduct of any third party on the Apps.
2.1.5. MagneticOne MobileWorks does not warrant that the Apps will meet your specific requirements, be uninterrupted or error-free.
2.1.6. MagneticOne reserves the right, but not the obligation, to verify the correctness, authority and legality of your use of the Apps.
2.1.7. MagneticOne’s maximum aggregate liability to you arising out of or in connection with these Terms and Conditions is limited to the total amount of the fees paid by you to MagneticOne under these Terms and Conditions.
2.2. Modification of Service (Apps)2.2.1. MagneticOne reserves the right to modify or terminate the Apps for any reason, without notice at any time.
2.2.2. We may, but have no obligation to, remove data and Accounts containing content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms and Conditions.
2.2.3. All prices for the Apps are subject to change without prior notice from MagneticOne. If such notice is due, it may or may not be provided at any time by MagneticOne MobileWorks or the Apps itself.
2.2.4. MagneticOne MobileWorks shall not be liable to you or to any third party for any modifications, price change, suspension or discontinuance of the Apps.
2.3. User Obligations2.3.1. You must not modify, adapt or hack the Apps or modify another website so as to falsely imply that it is associated with the Apps, MagneticOne as a company, or any other MagneticOne service, application, or product.
2.3.2. You agree not to reproduce, duplicate, copy, or exploit any portion of the Apps, usage of the Apps, or access to the Apps without written permission from MagneticOne MobileWorks.
2.3.3. You must not upload, post, host, or transmit unsolicited e-mail, SMS, or “spam” messages through or to the Apps, or on the Site.
2.3.4. You must not transmit any worms or viruses or any code of a destructive nature through the Apps or Site. You must not misuse the Site or the Apps by knowingly introducing any type of malicious software (namely, “web crawlers”, “web robots”, “back door,” “drop dead device,” “time bomb,” “Trojan horse,” “virus,” “worm,” “spyware”, or “adware”, or other code which is malicious or technologically harmful, as such terms are commonly understood in the software industry) or any other code designed or intended to have, or capable of performing or facilitating, any of the following functions: disrupting, disabling, harming, or otherwise impeding in any manner the operation of, or providing unauthorized access to, the Apps, or the Site, or a computer system, or network, or another device on which such code is stored or installed. You must not attempt to gain unauthorized access to the Apps, or the Site, or the server on which the Site is stored or any server, computer or database connected to the Site or the Apps. You must not attack the Site via a denial-of-service attack or a distributed denial-of-service attack. In the event of such a breach, your right to use the Site will cease immediately. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other malicious software that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Site or the Apps, or to your downloading of any material posted on the Site, or on any website linked to the Site.
2.3.5. If you become aware of any issues with the Apps that result in the improper functioning of the Apps, you are bound to inform MagneticOne MobileWorks instantly. If no such notice is provided, the Apps cannot be held responsible for the due consequences.
2.3.6. MagneticOne MobileWorks guarantees the highest Apps security standards, therefore you are obliged to follow the highest level of security and control of any third-parties or hostile software on your part. Any kind of inobservance of the rules will result in our inability to provide with high-level service, for which MagneticOne MobileWorks shall not be held responsible.
2.3.7. You shall not perform the following actions when using the Apps or the Site, because your performance of any of the following actions is a violation of this Terms and Conditions:
- Receiving, processing, storing or disseminating through the Apps any information data that: violates applicable law; infringe anyone’s intellectual property rights; violate the rights and legitimate interests of third parties; contain materials of erotic, pornographic or offensive nature; contribute to incitement to religious, racial or ethnic hatred.
- Committing acts that violate the rights, freedoms, honor and dignity of any person. Illegal collection, systematization, storage or dissemination of personal information.
- Registration of the Account on behalf of or instead of another person without its proper legal authority. Allowing to use the Account to third parties. Attempt to obtain or gain access to the Account of another user of the Apps in any way, including, but not limited to, by deception, abuse of trust.
- Attempt to obtain or obtaining of unauthorized access to the Site, Apps, or its software code.
2.4. Corporate Key Usage Policy. Account Terms.2.4.1. Corporate key to using mobile Apps of MagneticOne MobileWorks Company constitutes commercial information and at any circumstances cannot be disclosed to the third parties.
2.4.2. Use the corporate key to verify your Account and enjoy the features offered by the mobile Apps.
2.4.3. The information on the corporate key should be securely saved and guided by the access paroles.
2.4.4. Once the customer has discovered that there was leakage of the information, the person in charge should be notified immediately.
2.4.5. Users should neither share nor disclose the corporate key to the third party without the permission of the person in charge.
2.4.6. If MagneticOne MobileWorks has discovered any misuse of the corporate key, then the corporate key and the Account will be blocked on a temporary basis until the situation is clarified.
2.4.7. During Apps usage you are bound to meet the following terms:
i) You must be major (18 years or older) to use the Site or the Apps;
ii) You must be a human. Apps registered by “bots” or other automated methods are not permitted;
iii) You must provide Account information (namely, your a valid email address and any other information requested in order to complete the Apps signup process);
iv) MagneticOne MobileWorks cannot and will not be liable for any loss or damage from your failure to comply with this security obligation;
v) You are responsible for all the Data posted and activity that occurs during Apps usage;
vi) You may not use your Apps for any illegal or unauthorized purpose. You must not, in the use of the Apps, violate any laws in your jurisdiction (including but not limited to copyright laws).
2.4.8. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any MagneticOne customer, employee, member, or officer will result in immediate Apps usage termination.
2.4.9. MagneticOne, in its sole discretion, has the right to refuse any and all current or future use of the Apps, or any other MagneticOne service, for any reason at any time. MagneticOne reserves the right to refuse Apps to anyone for any reason at any time.
2.4.10. By providing MagneticOne MobileWorks with the Account information, you’re agreeing to allow MagneticOne MobileWorks to login to your Account, view all Account information, modify any other settings deemed necessary for appropriate work of the Apps. MagneticOne MobileWorks does not get access to your CRM/Task systems. Moreover, the ending information from the mobile phone of the user is directly transferred to the CRM/Task systems (without any transitional servers).
2.4.11. By agreeing to this Terms and Conditions, you agree to occasionally receive newsletters, updates, information and notices, etc. with information that we deem to be of interest to the authorized users of MagneticOne MobileWorks. If you do not want to receive newsletters and updates, you may unsubscribe at any time by emailing to firstname.lastname@example.org .
2.4.12. A breach or violation of any of the Account Terms as determined in the sole discretion of MagneticOne may result in immediate Apps usage termination.
2.5.1. Technical support is available via email and/or live chat. Guaranteed response period is 24 hours (business days only). Actual response period may vary.
2.5. Support Terms
2.5.2 The Voice calls may be received by the Support Team of Partner Company that exclude technical support issues. The answers to the questions given via such calls are provided by email.
2.5.3. Questions about the Terms and Conditions should be sent to email@example.com
2.5.4. You must provide a timely response to the requests from the Service Support Team. If we do not hear from you for 10 calendar days, we consider the issue in question exhausted. In this case, we reserve the right to act on the problem using our own judgment or based on the previous agreement.
2.5.5. Technical requests that require additional investigations from our tech engineers will be provided with investigation results within a period of 2 business days. If the technical request is complicated, then we will provide the investigation results within a longer period of time. The investigation results may indicate that additional information or actions are required from you to resolve the issue and you either agree to do so or we cannot be responsible for the App’s failure.
2.6.1. The Apps do not guarantee proper data extraction of information handled from bad quality phone modules and/or conditions.
2.6. App Service Quality
2.7. Payment and Refund Terms2.7.1. All the prices for the Service (Apps usage) are provided in US currency (USD).
2.7.2. The fees for the Apps usage are billed in advance and may be refundable.
2.7.3. Billing and refund are made according to Google Play Terms of Service and iTunes Store Terms and Conditions.
2.7.4. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for the payment of all additional financial contributions.
3.1. You shall not solicit MagneticOne’s employees during the term of the contractual relations between the Parties.
3. NON-SOLICITATION. NON-COMPETITION.
3.2. You shall not use MagneticOne’s Trade Secrets and Confidential Information obtained through the contractual relations between the Parties to provide similar information services to third parties (if otherwise is not agreed between you and MagneticOne).
3.3. You shall not disclose MagneticOne’s Confidential Information obtained through the contractual relations between the Parties (if otherwise is not agreed between you and MagneticOne).
4.1. These Terms and Conditions shall be governed by the laws of Ukraine. These Terms and Conditions shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods.
4. GOVERNING LAWS. DISPUTE RESOLUTION
4.2. If not settled by the negotiations, any dispute, controversy or claim arising out of or relating to this Terms and Conditions, including the conclusion, interpretation, execution, breach, termination or invalidity thereof, shall be settled by the International Commercial Arbitration Court at the Ukrainian Chamber of Commerce and Industry in accordance with its Rules. The number of arbitrators shall be one. The place of arbitration shall be Kyiv, Ukraine. The language to be used in the arbitral proceedings shall be English.
If there are any questions regarding these Terms and Conditions, please contact us.