These Terms of Service ("Terms") form a binding agreement between you (or the organization you represent) and Mobieus, Inc. ("Mobieus," "we," "us," or "our") and govern your access to and use of the Mobieus platform, our marketing site, our APIs, our mobile applications, and any related services (collectively, the "Services"). By creating an account or using the Services you agree to these Terms. If you are entering into these Terms on behalf of an organization, you represent that you have authority to bind that organization.
1. The Services
Mobieus provides a community platform with optional add-ons (Help Desk, HRIS, Learning Management, Branded Apps) and Sovereign deployments on dedicated infrastructure. Specific features are described on the marketing site and in your subscription plan. Some features (e.g., Sovereign-tier capabilities, branded mobile apps) are gated by tier or sold separately.
2. Accounts
You must provide accurate information when creating an account, keep your credentials secure, and notify us promptly of any unauthorized access. You are responsible for activity under your account. Mobieus accounts may not be shared between organizations.
3. Subscriptions, billing & trials
- Subscriptions renew automatically at the end of each billing cycle (monthly or annually) at the then-current rate for your tier, unless cancelled before the renewal date.
- 14-day free trial applies to Starter, Pro, and Scale tiers. A credit card is required at signup to start the trial. You can cancel any time during the trial without being charged. After day 14, we charge the card automatically and bill on the cycle you selected.
- 30-day money-back guarantee applies to your first paid month on Starter, Pro, and Scale. Request a refund through your dashboard or by emailing billing@mobieus.io.
- Sovereign is sales-led. Sovereign agreements are governed by a signed order form referencing these Terms; the order form controls in any conflict.
- Member overage charges for Starter, Pro, and Scale apply when your community exceeds the included member count. Rates and worked examples are published on the pricing page.
- Setup fees for Sovereign and certain add-ons are described on the pricing page and are waived where indicated with annual prepay.
- Taxes are your responsibility unless we are legally required to collect them.
4. Payments and zero platform skim
Mobieus does not process or intermediate payments for revenue you generate through your community. You connect your own payment processor (e.g., Stripe). Memberships, content sales, course sales, marketplace listings, and other transactions settle directly to your account. Mobieus is not in the payment flow, does not charge a percentage on this revenue, and does not control or share in any fees charged by your payment processor.
5. Your content
You retain ownership of all content you upload, create, or import into Mobieus ("Customer Content"). You grant Mobieus a limited license to host, store, transmit, and process Customer Content solely as necessary to provide the Services. You are responsible for the legality of Customer Content and for obtaining necessary rights and consents.
6. Data ownership & export
Your data is yours. Every tier — Starter through Sovereign — includes full data export at any time. Mobieus does not impose proprietary lock-in or charge for data export.
7. Acceptable use
You agree not to, and not to permit anyone to:
- Use the Services to violate any law or third-party right.
- Distribute malware, conduct phishing, or attempt to compromise our infrastructure.
- Interfere with or degrade the Services for other users.
- Reverse engineer, scrape, or copy non-public portions of the Services.
- Use the Services to host content that exploits minors, incites violence, or violates intellectual property rights.
Mobieus reserves the right to suspend accounts or remove content that violates these Terms, with notice where reasonable.
8. Customer Content moderation
You are responsible for moderating member content within your community. Mobieus provides moderation tools and infrastructure (filters, queues, sanctions, audit logs) on every tier. Mobieus may, but is not obligated to, take action on Customer Content that violates these Terms or applicable law.
9. Suspension & termination
Either party may terminate a subscription as described in your plan. Mobieus may suspend or terminate access for material breach (including non-payment) following reasonable notice and an opportunity to cure where appropriate. Upon termination, you may export your data for at least 30 days.
10. Service levels
Mobieus targets 99.9% monthly uptime for the Services, excluding scheduled maintenance and force majeure. Sovereign deployments are governed by the SLA in the applicable order form.
11. Security
Mobieus maintains administrative, technical, and physical safeguards including encryption in transit and at rest, application-aware firewalls, edge filtering, and a documented incident response process. We notify customers of confirmed security incidents affecting their data without undue delay.
12. Intellectual property
Mobieus retains all rights, title, and interest in and to the Services, including all software, branding, designs, and documentation. Subject to these Terms, we grant you a non-exclusive, non-transferable license to use the Services for your internal business or community purposes during your subscription.
13. Confidentiality
Each party agrees to protect the other's confidential information using at least the same care it uses to protect its own confidential information of similar importance, and to use confidential information only for purposes of these Terms.
14. Warranty disclaimer
Except as expressly stated in these Terms or an applicable order form, the Services are provided "as is" and "as available." Mobieus disclaims all implied warranties, including merchantability, fitness for a particular purpose, and non-infringement, to the maximum extent permitted by law.
15. Limitation of liability
To the maximum extent permitted by law, neither party will be liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, or data, arising out of or related to these Terms. Each party's aggregate liability under these Terms will not exceed the fees paid or payable to Mobieus in the 12 months preceding the event giving rise to the claim. These limits do not apply to (a) breach of confidentiality, (b) infringement of the other party's intellectual property, or (c) liabilities that cannot be limited by law.
16. Indemnification
You agree to defend, indemnify, and hold Mobieus harmless against third-party claims arising from your Customer Content, your use of the Services in violation of these Terms, or your violation of applicable law. Mobieus will defend you against third-party claims that the Services infringe a valid intellectual property right, subject to standard limitations and exclusions.
17. Modifications
We may update these Terms from time to time. For material changes, we will provide at least 30 days' notice by email or in-product notice. Continued use of the Services after the effective date constitutes acceptance.
18. Governing law & disputes
These Terms are governed by the laws of the State of Delaware, without regard to conflict-of-laws principles. Disputes will be resolved in the state or federal courts located in Delaware, except where applicable consumer-protection law grants you the right to bring suit elsewhere.
19. General
- Entire agreement: these Terms, together with any order form, plan terms, and our Privacy Policy and Data Processing Agreement, are the entire agreement between the parties.
- Assignment: you may not assign these Terms without our consent. Mobieus may assign in connection with a merger, acquisition, or sale of assets.
- Severability: if any provision is unenforceable, the remainder remains in effect.
- No waiver: failure to enforce a provision does not waive future enforcement.
20. Contact
Questions about these Terms: legal@mobieus.io.
Billing & subscription questions: billing@mobieus.io.