Mobincube’s Terms and Conditions
PLEASE READ THIS DOCUMENT CAREFULLY.Mobimento Mobile S.L., from now on MOBINCUBE, offers a web platform for building and publishing mobile applications on mobincube.com (the “Mobincube website”) and its associated domains (including mobincube.mx, mobincube.mobi and others).
By registering as a user of Mobincube you are accepting these Terms and Conditions of the service (“Agreement”), which establishes a relationship between you and Mobincube. If you do not want this relationsip with the set clauses in this agreement, you cannot access the service given by Mobincube.
Terms and Conditions in this agreement can change with time. It is your responsibility to access this website regularly to be informed about the updates.
1. User account in Mobincube
1.1. To access the service provided my Mobincube, it must be opened a registered user account, giving Mobincube a username, an e-mail and a password.
1.2. All those who are considered of legal age in their residence countries can be registered in Mobincube. People under age need a permission from their parents or legal tutor to use Mobincube, and parents or legal tutors must read this agreement.
2. License to use the Mobincube service
License: Mobincube offers a limited and non exclusive licence to use the Mobincube service for personal or commercial use. This license allows you to use the Mobincube platform to build, edit or publish mobile applications. This licence is non-transferable and cannot be sublicensed to others.
Commercial use: The Mobincube license to use has the right to build, edit and publish mobile applications with commercial purposes.
Restrictions: Unless Mobincube authorizes, you cannot reproduce, redistribute or sell part of the source code of Mobincube’s web under no circumstance, neither mobile applications generated with it, changing, and compilation or reversing engineering.
3. Using the Mobincube service for free
3.1. Mobincube allows building, editing and publishing totally functional and free mobile applications, as to use other free services.
3.2. Mobincube reserves the right to add additional content to your free Apps or to the free services, as inserting Ad with information of other companies or commercial information about Mobincube. When including advertising in the free Apps built by the user, Mobincube is not responsible for the contents of those ads, since they are provided by an outsider ads supplier.
4. Incomes generation by the user
Mobincube may offer some services which allow users to get incomes, like selling Apps built with Mobincube, displaying third party ad banners on Apps or other services created from Mobincube.
To receive those incomes, the user must give Mobincube its real tax identification details and to ensure it is in legal position to receive those incomes according to the Law of the residence country.
If any of these services mentioned are managed by an external service provider of Mobincube, the user is the responsible for setting with that provider the terms of payment and to give Mobincube the information needed to activate the service and start the transactional relationship between the user and the external service provider.
5. Premium paid services
Options: as a complement of the free services mentioned in the point 3, Mobincube offers several services for users who want to make professional use of the applications and/or services offered by Mobincube (“Premium” services). These services have an additional cost, which must be paid to Mobincube before being activated.
Cancelling services: users that bought a service and haven’t activated it, have the right to cancel and receive the total amount if Mobincube is notified within thirty (30) days after the purchase and service payment.
Renewals: all subscriptions to the premium service will be automatically renewed by default, for the same period hired once the deadline set for those services expires. You can deny the renewal of these services anytime before the automatic renewal. Mobincube reserves the right to deny subscriptions, renewals or any other kind of purchase for any reason.
Other purchases: may offer new products and payment services in the future on its website. Such products and services may be submitted to additional terms and conditions that occur at the time of the purchase.
6. Content restrictions
It is totally forbidden to use the Mobincube service to create, edit or publish Apps whose content:
- Violates copyrights or any other rights (trademarks, privacy rights, image rights, etc.)
- With racist, violent, defamatory or discriminatory connotations towards individual or collective groups.
- Harm or exploit minors.
- Show illegal acts or extreme violence.
- Show animal cruelty or extreme violence towards animals.
- Collect information about others.
- Promote actions and fraudulent business models.
- Break any of the laws of the countries where the App is going to be published.
If Mobincube does not detect any of these infractions but they exist, Mobincube will be exempt of any responsibility about the content that breaks any law; being the Mobincube registered user the only responsible for the infraction of any law.
7. Termination and cancelation
Period: This agreement starts when you register as a Mobincube user and it’s valid while you have a Mobincube user account.
Cancelling your user account: You can cancel your user account anytime by notifying Mobincube via email.
Effects of cancelling your user account: After cancelling your account, you can no longer access with your username and password, and the Apps you’ve published stop being publicly available. Once your user account is cancelled, Mobincube reserves the right to continue storing information in their systems that required information of your account to keep a register of your activity.
8. Intellectual & commercial property rights
Mobincube website: Mobincube is the only owner and author of its website, including the whole source code and logos.
Apps built with Mobincube: : Mobincube will not give any user the source code of any App built with Mobincube in the native language of any of the mobile platforms compatible with the apps. About the versions of an App which are interpreted by the device itself, such as the web versions, the user may have access to the source code, but Mobincube will remain as the owner and author of that source code, having the user no right to change or misusing it.
The content of Apps built by a Mobincube registered user: the user who builds and/or publishes an App with Mobincube is the intellectual holder and the only responsible for the content of the App. If it has contents whose Intellectual Property belongs to others, the user must have their permission. If not, the Mobincube registered user will be liable to any intellectual property dispute that may occur with the real holder of that content. When including any kind of content in the app, the Mobincube user is assigning the right to use such content in the generated and published Apps with Mobincube, but not giving its property.
Mobincube owns the commercial rights for all the ad-based apps built and/or published using the Mobincube platform.
9. Service availability
9.1. All Mobincube information related to a user and its Apps is stored in a remote server and is accessible from any computer with an Internet connection using compatible navigation software. The servers where information is stored are hired to an external supplier of Mobincube, who set the availability conditions and the time to solve incidents.
9.2. If the Mobincube service is interrupted for any kind of reason, such as software failures, Mobincube will try to reactivate the service in a time shorter than twenty four (24) hours, but Mobincube shall never be responsible in case the hosting provider can
Intention: This agreement defines the privacy and protection of personal information commitment that a registered user inserts in Mobincube.
Information collected: Mobincube doesn’t need any kind of personal information to grant a licence of use of Mobincube to a registered user. To be a Mobincube registered user it’s only needed a username, which does not have to be the real name of the person who uses the service, and an e-mail, needed to establish a possible future contact. Mobincube systems will also use the IP device direction from where the user registers to set its origin country. The user can also give personal information on a voluntary basis, if it’s a home user. When professional users hire services or payment products, they must send to Mobincube the tax identification details needed to confirm the authenticity of the user and to invoice those services or products.
Information safety: Mobincube will take the right measures to manage any kind of personal information in a safe way and without letting it being accessed by others. Mobincube compromises to not publishing or giving this personal information to anyone, neither misusing it.
11.1. If a registered user deletes any application previously built with its Mobincube account or part of it, on purpose or by mistake, Mobincube is not responsible for it and the user cannot demand Mobincube to restore the deleted information.
11.2. Mobimento is not responsible in case of lost or damage in information of the account that may occur as a result of: i) Any change made by Mobincube in its services or products; ii) Any storing corruption or failure due to a bad information transmission or an error in the computer systems; iii) a misidentification of a registered user account; iv) the misuse of your password allowing access of others to your user account.
A Mobincube user shall indemnify, defend and keep out of guilt Mobincube, its employees, directors, owners and investors to any action of others which: i) is related with any use of Mobincube by the registered user; ii) states that the content of an app built by a Mobincube user violates any law or intellectual property rights; or iii) enforces any violation by the user of any clause of this agreement.
13. Legal terms
13.2. When registering as a Mobincube user, you are accepting that Mobincube may send you notifications related to changes in Terms and Conditions that rule the relationship between you and Mobincube. These notifications can be made by e-mail, ordinary mail or published on the Mobincube website.
13.3. If a court of competent jurisdiction in matters related to the ones exposed in this agreement determines that any clause of it is invalid, that clause will be removed from the Mobincube Terms and Conditions without affecting any of the remaining clauses.
13.4. The terms and Conditions established in this agreement are according to the Spanish Law.