Last updated: June 2, 2023
Replaces version Updated: May 10, 2022
This agreement contains a mandatory dispute resolution provision and arbitration agreement with a class action waiver that affect your rights. In arbitration, there is no judge or jury and there is less discovery and appellate review than in court. Please review those sections of these terms carefully.
This website is operated by Mobiniti. Throughout the site, the terms “we”, “us” and “our” refer to Mobiniti. Mobiniti offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Use”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Use apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
Please read these Terms of Use carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Use. If you do not agree to all the terms of this agreement, then you may not access the website or use any Services provided by Mobiniti. If these Terms of Use are considered an offer, acceptance is expressly limited to these Terms of Use.
Any new features or tools which are added to the current site shall also be subject to the Terms of Use. You can review the most current version of the Terms of Use at any time on this page. We reserve the right to update, change or replace any part of these Terms of Use by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Copyright
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a
collective work under the United States and other copyright laws, and is the property of Mobiniti. The collective
work includes works that are licensed to Mobiniti.com. Copyright 2014, Mobiniti.com ALL RIGHTS RESERVED.
Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of
placing an order with Mobiniti.com or purchasing Mobiniti.com products. You may display and, subject to any
expressly stated restrictions or limitations relating to specific material, download or print portions of the
material from the different areas of the site solely for your own non-commercial use, or to place an order with
Mobiniti.com or to purchase Mobiniti.com products or services. Any other use, including but not limited to the
reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless
authorized by Mobiniti.com. You further agree not to change or delete any proprietary notices from materials
downloaded from the site.
Trademarks
All trademarks, service marks and trade names of Mobiniti.com used in the site are trademarks or registered
trademarks of Mobiniti.com.
By agreeing to these Terms of Use, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products and/or services for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
PROPRIETARY RIGHTS
You shall not modify, copy or create derivative works based on the Mobiniti website or Service. You shall not
mirror any content forming part of the Mobiniti website or Service. You shall not copy any ideas, features,
reverse engineer functions of the Mobiniti website or Service.
Subject to the limited rights expressly granted hereunder, Mobiniti reserves all rights, title and interest in and to its website, Service and products, including all copyright, trademark and other intellectual property rights.
MESSAGING POLICY
Mobiniti does not tolerate the sending of unwanted messages. To that end, Mobiniti maintains and enforces a
separate Messaging Policy which sets forth the terms
that control the sending of messages through Mobiniti’s Service. Any Mobiniti user or customer found to be
sending messages without the recipient’s consent or in violation of our Messaging Policy or these Terms will be
immediately suspended without refund from further use of our Service. Attempts to evade Mobiniti’s monitoring of
messaging prohibited by the Messaging Policy or these Terms also violates these Terms.
GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve: (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
In connection with your use of the Service, we may send you service announcements, administrative messages, and other information via email and via text/SMS/iMessage messages. You may opt out of some of those communications, for example, by clicking on the “unsubscribe” link in marketing e-mails or disabling notifications. Please be aware that there may be a brief period before we are able to process your opt-out. By including your telephone number and email address in any submission, you are extending an express invitation and providing your express written consent to Mobiniti and to the third-parties identified in our Privacy Policy (i) to contact you by telephone at the numbers you have provided (including through auto-dialed, pre-recorded, artificial voice and/or text/SMS/iMessage messages), and you hereby consent to any such calls or texts even if your phone number is on any corporate, state or national Do Not Call list or registry, or (ii) to contact you by email at any email address you provided. You understand that you are not required to provide your consent as a condition of purchasing any goods or services. For SMS and MMS text messaging, message and data rates imposed by your mobile data provider may apply. You represent that all of the information you have provided in your submission is true and complete.
Our Service may utilize text/SMS/iMessage messages, which may cause you to incur SMS or data charges with your wireless provider. Please be aware that we have no control over these charges, and if you do not wish to be charged, you should stop using the text/SMS/iMessage features of the Service.
ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The
material on this site is provided for general information only and should not be relied upon or used as the sole
basis for making decisions without consulting primary, more accurate, more complete or more timely sources of
information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our services are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
ACCURACY OF BILLING AND ACCOUNT INFORMATION
You agree to provide current, complete and accurate purchase and account information. You agree to promptly
update your account and other information, including your email address and credit card numbers and expiration
dates, so that we can complete your transactions and contact you as needed.
PAYMENTS
Your use of Services is contingent upon payment whether paid in advance or through the purchase of message
credits on Mobiniti. The payment for services such as keywords, plans and other monthly service fees shall be
deemed completed when Mobiniti receives the full amount of payment due for such services. You are responsible to
remit payment for any messaging overage fees and any other overage charges outside of your monthly service plan.
You are responsible to pay for any message regardless of whether the message is actually received by the intended
recipient. We do not offer refunds for services that have already been paid for. This includes, but is not
limited to monthly subscriptions, branded short domains, and bulk message purchases. To cancel your service,
please send send your request to: cancel@mobiniti.com.
THIRD PARTY TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Use.
THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
PERSONAL INFORMATION
Your submission of personal information through the store is governed by our
Privacy Policy.
Mobiniti shall not
(i) sell, rent, release, disclose, disseminate, make available, transfer, or otherwise communicate orally, in
writing, or by electronic means, any personal information to any third-party for monetary or other valuable
consideration,
(ii) retain, disclose, or use any personal information for any purpose (including any commercial
purpose) other than the specific purpose of providing the Service, and/or
(iii) retain, use, or disclose any
personal information outside of the direct business relationship between Mobiniti and you. Mobiniti hereby
certifies that it understands the restrictions described in the previous sentence, and shall comply with them.
You understand and acknowledge that, notwithstanding anything to the contrary, from time to time, Mobiniti may be required to disclose, and hereby reserves the right to disclose, certain information about you and your use of the Service to mobile carriers, government agencies, quasi-governmental agencies, non-governmental regulatory bodies, vetting agencies, and other applicable third parties (all of the foregoing, collectively, “Reporting Agencies”) in connection with your use of the Service. The information Mobiniti may provide to Reporting Agencies may include (but is not limited to) your company name, taxpayer identification number, a description of your use case for the Service, a description of your opt-in/consent process, and other applicable information (such information, collectively, the “Compliance Information”). Notwithstanding anything to the contrary, by using the Service, you hereby represent and warrant to Mobiniti that you will promptly, but in no event in more than five (5) business days from the date of Mobiniti’s request, provide all Compliance Information to Mobiniti, and that all Compliance Information you provide to Mobiniti will be timely, complete, and accurate (the “Compliance Information Warranty”). You further acknowledge and agree that the Compliance Information may be disclosed by Mobiniti to mobile carriers, network operators or their vetting agencies, and other applicable third parties as necessary for Mobiniti to fulfill any applicable regulatory, compliance, or similar guidelines and requirements, including, without limitation, verification of the compliance status of your message traffic. Notwithstanding anything to the contrary, your breach or suspected breach of the Compliance Warranty shall constitute a material breach of these Terms of Service without further opportunity for cure, in which event Mobiniti may terminate your account and your use of the Service without further obligation or liability to you.
ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors,
inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product charges,
service times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to
change or update information or cancel orders if any information in the Service or on any related website is
inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
PROHIBITED USE
In addition to other prohibitions as set forth in the Terms of Use, you are prohibited from using the site, its
content or our Service: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any
unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local
ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights
of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on
gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false
or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may
be used in any way that will affect the functionality or operation of the Service or of any related website,
other websites, or the Internet; (h) to spam, phish, pharm, pretext, spider, crawl, or scrape; (i) for any
obscene or immoral purpose; or (j) to interfere with or circumvent the security features of the Service or any
related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or
any related website for violating any of the prohibited uses.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or
error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Mobiniti, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
DISPUTES AND ARBITRATION
Contact Mobiniti First.
If a dispute arises between you and Mobiniti, our goal is to learn about and address your concerns without the
expense of formal arbitration. To that end, you agree to notify Mobiniti about any dispute you have with Mobiniti
regarding these Terms or our Service by contacting Mobiniti at legal@mobiniti.com. This informal dispute
resolution process is a condition precedent to commencing any formal dispute resolution proceeding in
arbitration, small claims court, or otherwise. The parties agree that any relevant limitations period and filing
fee or other deadlines will be tolled while the parties engage in this process.
This process should lead to the resolution of any dispute, but if for some reason it is not resolved within 60 days of your contacting Mobiniti, which time can be extended by agreement of the parties, you and Mobiniti agree to the further dispute resolution provisions below.
Binding Arbitration. To the extent not resolved as set forth above, you and Mobiniti agree, subject to clause 11(c) (Protection of Confidentiality and Intellectual Property Rights), to submit any claim, dispute, action, cause of action, issue, or request for relief arising out of or relating to these Terms or your use of the Service to binding arbitration rather than by filing any lawsuit in any forum other than set forth in this section. Further, you agree arbitration is final and binding and subject to only very limited review by a court. You also waive your right to any form of appeal, review or recourse to any court or other judicial authority, insofar as such waiver may be validly made. This provision is intended to be interpreted broadly to encompass all disputes or claims arising out of or relating to your use of the Service. Subject to clause 11(c) (Protection of Confidentiality and Intellectual Property Rights), any dispute or claim made by you against us or us against you arising out of or relating to these Terms or your use of the Services (whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory) will be resolved by binding arbitration except that you may take claims to small claims court if they qualify for hearing by such a court.
Arbitration Procedures. Before commencing any arbitration or other proceeding, you must first present any claim or dispute to us by contacting Mobiniti to allow us an opportunity to resolve the dispute. Only if your claim or dispute cannot be resolved within 60 days after presenting the claim or dispute to Mobiniti may you request arbitration. Mobiniti, however, may request arbitration against you at any time after it has notified you of a claim or dispute in accordance with clause 11(f) (Notifications).
The arbitration of any dispute or claim shall be conducted in accordance with the then current and applicable rules of the American Arbitration Association as modified by this agreement. The place of any arbitration will be Wilkes-Barre, Pennsylvania, USA, and will be conducted in the English language. Claims will be heard by a single arbitrator. The arbitrator may not award relief in excess of or contrary to what this agreement provides, order arbitration on a class wide or representative basis, award punitive or consequential damages or any other damages aside from the prevailing party’s actual damages, or order injunctive or declaratory relief, except that the arbitrator may award on an individual basis damages required by statute and may order injunctive or declaratory relief pursuant to an applicable consumer protection statute. Unless both you and Mobiniti otherwise agree in writing, the arbitrator may not order consolidation of arbitration. Any arbitration shall be confidential, and neither you, Mobiniti nor the arbitrator may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement or appeal of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction. If any portion of this arbitration clause is determined by a court to be inapplicable or invalid, then the remainder shall still be given full force and effect.
No Class Actions. There shall be no right or authority for any claims subject to this arbitration clause to be arbitrated on a class action or consolidated basis or on bases involving claims brought in a purported representative capacity on behalf of the general public (including, but not limited to, as a private attorney general).
Fees and Expenses. All administrative fees and expenses of arbitration will be divided equally between you and Mobiniti. Each party will bear the expense of its own counsel, experts, witnesses and preparation and presentation of evidence at the arbitration hearing.
YOU MUST CONTACT MOBINITI WITHIN ONE (1) YEAR OF THE DATE OF THE OCCURRENCE OF THE EVENT OR FACTS GIVING RISE TO A DISPUTE, OR YOU WAIVE THE RIGHT TO PURSUE ANY CLAIM BASED UPON SUCH EVENT, FACTS, OR DISPUTE.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless Mobiniti and our parent, subsidiaries, affiliates, partners,
officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and
employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due
to or arising out of your breach of these Terms of Use or the documents they incorporate by reference, or your
violation of any law or the rights of a third-party.
SEVERABILITY
In the event that any provision of these Terms of Use is determined to be unlawful, void or unenforceable, such
provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the
unenforceable portion shall be deemed to be severed from these Terms of Use, such determination shall not affect
the validity and enforceability of any other remaining provisions.
TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the
termination of this agreement for all purposes.
These Terms of Use are effective unless and until terminated by either you or us. You may terminate these Terms of Use at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Use, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Use shall not constitute a
waiver of such right or provision.
These Terms of Use and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Use).
Upon Mobiniti’s request from time to time, you agree to promptly provide documentation to Mobiniti evidencing
your compliance with these Terms of Use.
Any ambiguities in the interpretation of these Terms of Use shall not
be construed against the drafting party.
GOVERNING LAW
These Terms of Use and any separate agreements whereby we provide you Services shall be governed by and construed
in accordance with the laws of the state of Delaware.
CHANGES TO TERMS OF USE
You can review the most current version of the Terms of Use at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Use by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Use constitutes acceptance of those changes.
CONTACT INFORMATION
Questions about the Terms of Use should be sent to us at
legal@mobiniti.com.
Last updated: May 10, 2022
Thank you for using Mobiniti. We are committed to protecting your privacy and, for that reason, we have adopted this Privacy Policy to explain our data collection, use, and disclosure practices for the Mobiniti services (including its website, and mobile and web-based applications, and any other tools, products, or services provided by Mobiniti that link to or reference this Privacy Policy) (collectively, the “Services”). The Services are owned and operated by Mobiniti, a Delaware limited liability company (“we”, “us” or “our”).
This Privacy Policy applies to information Mobiniti collects through the Services, as well as other information provided to us online or offline by third parties, when we associate that information with customers or users of the Services; however, it does not apply to information collected from our employees, contractors, or vendors. It also does not apply to information that you ask us to share with third parties or is collected by Online Tool Providers (as further described below). This Privacy Policy only applies to information collected through our website and not to information collected offline. You acknowledge and agree that Mobiniti is not responsible for the data collection or use practices of any other user of the Services or a third party utilized in providing the Services.
This Privacy Policy describes, among other things:
By accessing or using the Services, you consent to this Privacy Policy. If you do not agree with this Privacy Policy, please do not access or use the Services. Information gathered through the Services may be transferred, used, and stored in the United States or in other countries where our service providers or we are located. If you use the Services, you agree to the transfer, use, and storage of your Personal Information (as defined below) in those countries. The data protection and other laws of the United States and other countries might not be as comprehensive as those in your country. You agree that all transactions relating to the Services or Mobiniti are deemed to occur in the United States, where our servers are located.
When you (i) register for, or use our Services, (ii) place an order for Services, (ii) enter a contest or promotion, (iii) respond to a survey or communication such as e-mail, or (iv) participate in another feature of our Services, we collect Personal Information. By “Personal Information” we mean information that can identify or reasonably be linked to an individual, such as:
Our web servers may also use tracking technology to track behavior patterns of our visitors, collecting average time spent on pages and other statistical information.
You may choose not to provide Personal Information or prevent the Services from accessing certain features of your mobile device, (subject to the controls offered by your mobile device’s operating system), but this may prevent you from receiving certain features of the Services.
We also collect non-Personal Information relating to the Services, that is, information that does not personally identify an individual (“Non-Personal Information”). The Non-Personal Information we collect includes how you interact with the Services, information generally collected or “logged” by Internet websites or Internet services when accessed or used by users, and information about your web browser or device accessing or using the Services. Non-Personal Information may be provided to third parties for marketing, advertising, or other uses.
Examples of the Non-Personal Information we collect are:
We will not use Non-Personal Information to try to identify you, and if we associate any Non-Personal Information with information that personally identifies you, then we will treat it as Personal Information. As discussed in more detail below, we sometimes use cookies and other automatic information gathering technologies to gather Non-Personal Information.
Information collected by the Services may be collected by us or one of our Service Providers or Online Tool Providers.
We may use the information we collect to:
We may disclose Personal Information to provide the Services, or when you authorize or instruct us to do so, for example when you use the Services to submit content or profile information. The Services are a social experience, so we may disclose your interactions with the Services to social media platforms, as described in Section 2, above. We may also disclose Personal Information and Non-Personal Information to Service Providers. By “Service Providers” we mean companies, agents, contractors, service providers, or others engaged to perform functions on our behalf (such as processing of payments, provision of data storage, hosting of our website, marketing of our products and services, conducting audits, and other parties who assist us in operating our website, conducting our business, or servicing you). We may contract with Service Providers to assist us in better understanding our visitors to the site. When we use a Service Provider, we require that the Service Provider use and disclose the Personal Information and Non-Personal Information received from us only to provide their services to us or as required by applicable law. These Service Providers are not permitted to use the information collected on our behalf except to help us conduct and improve our business.
We may also disclose Personal Information and Non-Personal Information to Online Tool Providers. By “Online Tool Provider” we mean a licensor of software that we include in, or use with, the Services, including an API or SDK, that provides a specialized function or service to us and that requires the transmission of Personal Information and/or Non-Personal Information to the Online Tool Provider. Online Tool Providers may have the right to use Personal Information and Non-Personal Information about you for their own business purposes. Use and disclosure of Personal Information and Non-Personal Information by an Online Tool Provider is described in its privacy policy. See Section 5 below for some of the key Online Tool Providers we use.
We may partner with advertisers to provide you with special offers, or to advertise products or services to you. If you redeem or respond to an offer, we may provide your Personal Information to the advertising partner, including your name, email address, gender, and year of birth. If you answer questions or fill out surveys from an advertiser, we may share information with that advertiser. The advertising partner’s privacy policy will govern their use of your information, which may include marketing of other products or services to you. You should read each advertiser’s privacy policy before providing information to that advertiser.
We may also disclose your Personal Information to third parties when we believe, in good faith and in our sole discretion, that such disclosure is reasonably necessary to (a) enforce or apply the terms and conditions of the Services, including investigation of potential violations thereof, (b) comply with legal or regulatory requirements or an enforceable governmental request, (c) protect the rights, property or safety of us, our users or other third parties, (d) prevent a crime or protect national security, or (e) detect, prevent or otherwise address fraud, security or technical issues.
We reserve the right to transfer information (including your Personal Information) to a third party in the event of a sale, merger, or transfer of all or substantially all of the assets of our company relating to the Services, or in the unlikely event of a bankruptcy, liquidation, or receivership of our business. We will use commercially reasonable efforts to notify you of such transfer, for example via email or by posting notice on our website.
Lastly, we may also disclose Non-Personal Information, aggregated with information about our other users, to our clients, business partners, merchants, advertisers, investors, potential buyers and other third parties if we deem such disclosure, in our sole discretion, to have sound business reasons or justifications.
Every time you use the Services (e.g., access a Service webpage, navigate to a specific location within the Service mobile app), we collect Personal Information and Non-Personal Information (discussed above in Section 2) regarding that use. For example, to improve our Services, we collect how, when, and which parts of the Services or its features you use , which social media platforms you connect to the Services, and when, how, and what you post to the social media platforms through the Service app . Also, we may use your device’s unique identifier (UDID) or other unique identifiers to assist us in collecting and analyzing this data.
To assist us in collecting and storing this Non-Personal Information, we may employ a variety of technologies, including “Cookies,” local browser storage, and “web beacons,” “pixels,” or “tags.” A “Cookie” is a small amount of data a website operator, or a third party whose content is embedded in that website, may store in your web browser and that the website operator or, as applicable, the third party, can access when you visit the website. A web beacon, pixel or tag is a small, usually-transparent image or script placed on a web page that allows the operator of that image or script, which may be the operator of the website you visit or a third party, to read or write a Cookie.
We use Cookies to help us remember and process the items in your shopping cart. They are also used to help us understand your preferences based on previous or current site activity, which enables us to provide you with improved Services. We also use Cookies to help us compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future. You can choose to have your computer warn you each time a Cookie is being sent, or you can choose to turn off all cookies. You do this through your browser (like Firefox or Internet Explorer) settings. Each browser is a little different, so look at your browser Help menu to learn the correct way to modify your Cookies. If you turn Cookies off, you won’t have access to many features that make your site experience more efficient and some of our Services will not function properly. However, you can still place orders over the telephone by contacting customer service.
Your operating system and web browser may allow you to erase information stored in Cookies and local browser storage. But if you do so, you may be forced to login to the Services again and you may lose some preferences or settings. You may also be able to set your browser to refuse all website storage or to indicate when it is permitted, but some features of our Services may not function properly without it. We may use Cookies to keep you logged in, save your preferences for the Services, and to collect information about how you use our Services.
An Online Tool Provider may collect information automatically, in which case Personal Information and Non-Personal Information it receives are subject to the Online Tool Provider’s privacy policy. Some Online Tool Providers may allow you to opt out of certain collection and/or uses of your information. You can read more here:
You may request access to your Personal Information by sending an email to support@mobiniti.com . We will try to locate and provide you with your Personal Information and give you the opportunity to correct this data, if it is inaccurate, or to delete it, at your request. But, in either case, we may need to retain it for legal reasons or for legitimate business purposes. You may also remove any content that you post to the Services using the deletion or removal options within the Service. However, we (and you) are not able to control information that you have already shared with other users or made available to third parties through the Services.
If you need further assistance with removing any content you posted through the Services, you can email us at support@mobiniti.com. Removal of your posted content may not ensure complete or comprehensive removal from our computer systems.
We ask individual users to identify themselves and the information requested to be accessed, corrected, or removed before processing such requests, and we may decline to process requests that are unreasonably repetitive or systematic, require disproportionate technical effort, jeopardize the privacy of others, would be extremely impractical (for instance, requests concerning information residing on backups), or relate to information that is not associated with your Personal Information. In any case, where we provide information access and correction, we perform this service free of charge, except if doing so would require a disproportionate effort.
Please be aware that if you ask us to delete your Personal Information, you may not be able to continue to use the Services. Also, even if you request that we delete your Personal Information, we may need to retain certain information for a limited period of time to satisfy our legal, audit and/or dispute resolution requirements.
We may use third-party service providers that collect information for interest-based advertising purposes (advertisements that are tailored to your likely interests, based on categories in which you have shown an interest). To learn more about these third parties and the choices they offer users, please visit the Network Advertising Initiative’s choices page or the Digital Advertising Alliance’s choices page. If you are reading this Privacy Policy from a mobile device, you can learn more about the DAA’s mobile choices program here.
We support the development and implementation of a standard “do not track” browser feature that provides customers with control over the collection and use of information about their web-browsing activities. Once a standardized “do not track” feature is released, we intend to adhere to the browser settings accordingly.
If you have opted-in to receive our e-mail newsletter, we may send you periodic e-mails. If you would no longer like to receive promotional e-mail from us, please refer to the “How can you opt-out, remove or modify information you have provided to us?” section below.
Please note that it may take up to ten (10) business days for your opt-out request to be processed. Also, even if you opt out of marketing e-mails, we may continue to send you certain account-related e-mails, such as notices about your account and confirmations of transactions you have requested. If you have not opted-in to receive e-mail newsletters, you will not receive these e-mails. Visitors of the Services who register or participate in other features in the Services, such as marketing programs and ‘members-only’ content will be given a choice whether they would like to be on our e-mail list and receive e-mail communications from us.
Residents of California
You may have heard of the California Consumer Privacy Act of 2018 and the California Privacy Rights Act of 2020 (together, the “California Privacy Laws”) which provides certain rights to California residents in connection with their Personal Information. Mobiniti complies with the obligations of a “service provider” under the California Privacy Laws. If you are a California Consumer and have any questions about our privacy practices or how we collect, use and disclose your personal information, please email us at support@mobiniti.com.
Residents of Canada
If you have an objection to the use of your Personal Information as described in this Privacy Policy, you may file a complaint by sending an email to support@mobiniti.com. We will attempt to accommodate your objection or complaint, but you understand that, to the extent you object to our processing of Personal Information that is necessary for us to provide the Services to you, certain features and functionalities of the Services may no longer be available to you. Nothing in this Privacy Policy prejudices your rights to file a complaint with the Office of the Privacy Commissioner of Canada, and/or with any other applicable data protection authorities.
Residents of Nevada
We do not sell your Personal Information. However, you may contact us at support@mobiniti.com with questions.
The Services are not intended for users under 18 years of age. We do not knowingly collect Personal Information from users under 18 years of age. We do not authorize users under 18 years of age to use the Services. If you are the parent or guardian and have learned or suspect that your child under the age of 18 has provided us with Personal Information, please contact at support@mobiniti.com and provide us with the name and email address that was used and we will promptly delete such information.
We utilize reasonable information security measures to safeguard your Personal Information against unauthorized access, modification, or destruction. For example, we utilize Secure Socket Layer (SSL), Transport Layer Security (TLS), or similar encryption technology when sensitive data is transmitted over the Internet, and use firewalls to help prevent external access into our network. However, no data transmission over the Internet and no method of data storage can be guaranteed to be 100% secure. Therefore, while we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its security.
We restrict access to Personal Information in our possession to our employees, Service Providers, and Online Tool Providers who need to know that information in order to operate, develop, improve or support our Services. If we share Personal Information with Service Providers or Online Tool Providers, we require that they also use reasonable information security measures to safeguard your Personal Information, comply with any applicable laws or regulations with respect to information security.
In an attempt to provide you with increased value, we may include third party links on the Services. Please note that the Services may link or integrate with third-party sites, services or apps. We are not responsible for the privacy or security policies or practices or the content of such third parties. Accordingly, we encourage you to review the privacy and security policies and terms of service of those third parties so that you understand how those websites collect, use, share and protect your information. Nonetheless, we seek to protect the integrity of the Services and welcome any feedback about these linked sites (including if a specific link does not work).
To modify your e-mail subscriptions, please let us know by modifying your account preferences in the settings section. Please note that due to email production schedules you may receive any emails already in production.
To delete all of your online account information from our database please send an email to support@mobiniti.com with your request. Please note that we may maintain information about an individual sales transaction in order to service that transaction and for record keeping.
Our Social Profiling tool is an add-on feature to the Services that gathers information on your users, such as name, gender, and estimated location. To the extent you are purchasing our Social Profiling tool, you acknowledge and agree that you are directing us to gather this information on your users and that you have a lawful basis to direct us to gather this information. Furthermore, you acknowledge and agree that you have a lawful basis to use this information on your users to the extent that we are returning the information back to you.
We may modify or update this Privacy Policy periodically with or without prior notice by posting the updated policy on this page. You can always check the “Last Updated” date at the top of this document to see when the Privacy Policy was last changed. If we make any material changes to this Privacy Policy, we will notify you by reasonable means, which may be by e-mail or posting a notice of the changes on our website or through the Service’s mobile app prior to the changes becoming effective. We encourage you to check this Privacy Policy from time to time. IF YOU DO NOT AGREE TO CHANGES TO THIS PRIVACY POLICY, YOU MUST STOP USING THE SERVICES AFTER THE EFFECTIVE DATE OF SUCH CHANGES (WHICH IS THE “LAST UPDATED” DATE OF THIS PRIVACY POLICY).
To ask questions about our Privacy Policy or to lodge a complaint, contact us at:
Mobiniti
206B West James Street Lancaster, PA 17603
Email: support@mobiniti.com