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Last updated November 9, 2023
Welcome to Mobilo! We offer smart business cards that allow users to share their contact information and
collect lead information through the use of physical and digital cards (“Cards”), with a corresponding
software platform that allows you to customize your Cards, track leads, and track how your Cards are
used (“Software”). Please read the following Terms of Use carefully.
These Terms of Use (these “Terms” or these “Terms of Use”) constitute a legally binding agreement made
between you (“you”) and Lulu Systems, Inc., (“Mobilo“, “we”, “us”, or “our”), concerning your access to
and use of the https://www.mobilocard.com website as well as any other media form, media channel,
mobile website, software, hardware (including Cards), web application, or mobile application related,
linked, or otherwise connected thereto (collectively, the “Site”). You agree that by accessing the Site or
creating an account on the Site, you (i) represent that you are eighteen (18) years of age or older and
have the capacity to read and understand these Terms, (ii) represent and warrant that you have read and
understood these Terms and our Privacy Policy and (iii) agree to be bound by all of these Terms. IF YOU
DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED
FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.
If you are accessing the Site as part of a subscription held by your employer or affiliated organization
(your “Employer”), any enterprise agreement or addendum executed by your Employer with Mobilo (an
“Enterprise Agreement”) will override these Terms to the extent they conflict. If your Employer did not
execute a separate Enterprise Agreement, you acknowledge and agree that you are executing these
Terms on behalf of your Employer, and not yourself individually, and you represent and warrant that you
have authority to do so.
Supplemental terms and conditions or documents that may be posted on the Site from time to time are
hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make
changes or modifications to these Terms at any time and for any reason. All changes are effective
immediately when we post them and we will use reasonable efforts to alert you about any changes by
updating the “Last updated” date of these Terms of Use. You waive any right to receive specific notice of
each such change. It is your responsibility to periodically review these Terms to stay informed of updates.
You will be subject to and will be deemed to have been made aware of and to have accepted the changes
in any revised Terms by your continued use of the Site after the date such revised Terms are posted. We
may, in our sole discretion, translate these Terms into other languages for your convenience,
nevertheless, the English version governs your relationship with the Company, and any inconsistencies
among the different versions will be resolved in favor of the English version.
Mobilo resides in and provides services from the United States. The information provided on the Site is
not intended for distribution to or use by any person or entity in any jurisdiction or country where such
distribution or use would be contrary to law or regulation or which would subject us to any registration
requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Sitefrom other locations do so on their own initiative and are solely responsible for compliance with local laws,
if and to the extent local laws are applicable.
Unless otherwise indicated, the Site and all source code, databases, functionality, inventions, software,
website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and
the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or
licensed to us, and are protected by copyright and trademark laws and various other intellectual property
rights and unfair competition laws of the United States, foreign jurisdictions, and international
conventions. The Content and the Marks are provided on the Site “AS IS” for your information and
personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no
Content or Marks may be used, copied, reproduced, aggregated, republished, uploaded, posted, publicly
displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited except as
provided herein, without our express prior written permission. No right, title, or interest in or to the Site or
any Content contained therein is transferred to you, and all rights not expressly granted herein are
expressly reserved by Mobilo.
Provided that you are eligible to use the Site, you are granted a limited, personal, non-commercial, non-
transferable, non-sublicensable, revocable, non-exclusive license to access and use the Site in object-
code form in conformance with its available functionalities. We reserve all rights not expressly granted to
you in and to the Site, the Content and the Marks.
If you violate any of the foregoing restrictions, your right to use the Site will cease immediately.
By using the Site, you represent and warrant that: (a) all registration information you submit will be true,
accurate, current, and complete; (b) you will maintain the accuracy of such information and promptly
update such registration information as necessary; (c) you have the requisite authority and legal capacity
to enter into these Terms of Use and you agree to comply with these Terms of Use; (d) you are not a
minor in the jurisdiction in which you reside; (e) you will not access the Site through automated or non-
human means, whether through a bot, script or otherwise; (f) you will not use the Site for any illegal or
unauthorized purpose; and (g) your use of the Site will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to
suspend or terminate your account and refuse any and all current or future use of the Site (or any portion
thereof).
You may be required to provide certain registration details, including a valid email address and password,
or other information to register with the Site. You agree to keep your password confidential and will be
responsible for all use of your account and password. We reserve the right to remove, reclaim, or change
any identifier you select if we determine, in our sole discretion, that such username is inappropriate,
obscene, or otherwise violates these Terms of Use.
On the Site, we offer Cards and other physical hardware and products from time to time (collectively,
“Products”).
We make every effort to display as accurately as possible the colors, features, specifications, and details
of the Products. However, we do not guarantee that the colors, features, specifications, and details of the
Products will be accurate, complete, reliable, current, or free of other errors, and your electronic display
may not accurately reflect the actual colors and details of the Products. All Products are subject to
availability, and we cannot guarantee that items will be in stock. We reserve the right to discontinue any
Products at any time for any reason. Prices for all Products are subject to change.
Mobilo warrants that the Products will technically function in conformance with their written specifications,
except where any non-conformance arises from (a) ordinary wear-and-tear, or (b) your failure to comply
with these Terms (the “Limited Warranty”). This Limited Warranty will go into effect with respect to any
Product as of the date such Product is purchased and up until: (a) the date that is twenty-four (24) months
after the date such Product is purchased, (b) your breach or violation of any obligation or restriction under
these Terms, or (c) your disassembly or modification of any Product without Mobilo’s prior written consent
(the “Warranty Period”). The Limited Warranty excludes damage resulting from abuse, accident,
modifications, unauthorized repairs, or other causes that are not defects in materials and workmanship.
If a defect arises during the Warranty Period, Mobilo, at its option, will (a) repair the product at no
additional charge to you, or (b) exchange the Product with a new Product or with a used Product of
equivalent functionality. To the fullest extent permitted by law, the foregoing constitute your sole remedies
in connection with any breach or violation of the Limited Warranty. THE FOREGOING LIMITED
WARRANTY IS NOT INTENDED TO MODIFY OR OVERRIDE OUR CANCELLATION AND REFUND
POLICY DETAILED BELOW.
Mobilo does not warrant, represent or undertake that it will be able to repair or replace any Product under
the Limited Warranty without risk to or loss of information or data stored in connection with the Product.
In no event shall Mobilo be liable for loss or damage caused by factors beyond Mobilo’s reasonable
control.
To obtain warranty service, contact Mobilo at hello@mobilocard.com at any time during the Warranty
Period. Proof of purchase may be required to verify eligibility. All claims made under the Limited Warranty
will be governed by the terms set out in this Section.
All purchases through the Site or other transactions for services are governed by these Terms of Use.
If you purchase any Products, subscribe to any service, or make any other purchases on or in connection
with the Site (individually, a "Purchase" and collectively, "Purchases"), you agree: (i) to provide current,
complete, and accurate purchase and account information for all Purchases made via the Site, (ii) that we
may retain (through our service providers) any such payment information, including, but not limited to all
debit and credit card information provided in connection with any Purchase and that no additional notice
or consent is required to use the payment information you provide, and (iii) to be bound by the terms and
conditions and privacy policies of our third party service providers for payment services (e.g., card
acceptance, merchant settlement, and related services). You further agree to promptly update account
and payment information, including email address, payment method, and payment card expiration date,
and hereby consent and authorize Mobilo to share any information and payment instructions you provide
with one or more third party service provider(s) so that we can complete your transactions and contactyou as needed. Sales tax will be added to the price of purchases as deemed required by us. We may
change prices at any time. All payments shall be in U.S. dollars.
We accept the following forms of payment:
You agree to pay all charges at the prices then in effect for your Purchases and any applicable shipping
fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing
your order.
We offer paid subscriptions in connection with use of our Software (each a “Subscription”). Products will
not be fully functional without a corresponding Subscription. If you sign up for a Subscription, your
Subscription will commence at the time you select a subscription package (each, a “Service
Commencement Date”) and will automatically renew on the first day following the end of the Subscription
period (each a “Renewal Commencement Date”) until terminated in accordance with these Terms of Use.
You hereby consent to our charging your payment method on a recurring basis without requiring your
prior approval for each recurring charge, at Mobilo’s then-current price for such Subscription, until such
time as you cancel the applicable order. You agree that your account will be subject to this automatic
renewal feature unless you cancel your Subscription before your Renewal Commencement Date. If you
do not wish your account to renew automatically, or if you want to change or terminate your Subscription,
you may cancel your Subscription online prior to the Renewal Commencement Date or contact us directly.
If you cancel your Subscription, you may use your Subscription until the end of your then-current
Subscription term; your Subscription will not be renewed after your then-current term expires. However,
you will not be eligible for a prorated refund of any portion of the subscription fee paid for the then-current
Subscription period. Upon renewal of your Subscription, if Mobilo does not receive payment from your
payment provider, you agree that Mobilo may either terminate or suspend your Subscription and continue
to attempt to charge your payment provider until payment is received. TO THE MAXIMUM EXTENT
PERMITTED BY LAW, ALL SUBSCRIPTION FEES ARE NON-REFUNDABLE.
We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or
received payment.
We reserve the right to refuse any order placed through the Site. We may, in our sole discretion, limit or
cancel quantities purchased per person, per household, or per order. These restrictions may include
orders placed by or under the same customer account, the same payment method, and/or orders that use
the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole
judgment, appear to be placed by dealers, resellers, or distributors.
This Cancellation and Refund Policy describes how we manage cancellations and refunds for Products
and Software.
Products
Return Policy
We do not accept returns. In the event you cancel your Subscription, the Subscription will be disabled at
the end of the applicable Subscription term. Any corresponding Products can be then taken to the nearest
recycling center. See below for more information regarding Subscription cancellation.
Refund Policy
Except as outlined below, purchases of Products are non-refundable.
If you are having trouble activating your Product or tapping to compatible phones and you would like to
request a refund or replacement, please contact our team at support@mobilocard.com. Typically, all
issues can be resolved with some helpful troubleshooting tips from the team.
If you have successfully activated your Product and are experiencing issues tapping to a compatible
device after you’ve contacted support@mobilocard.com, you may be eligible for a refund. Once approved
for a refund, we will send you an email notifying you that we have refunded your purchase. Your refund
will then be processed, and a credit will automatically be applied to your credit card or original method of
payment within 5-7 business days.
Late or missing refunds (if applicable)
If you haven’t received a refund within 5-7 business days or notification, first check your bank account
again. Then contact your credit card company, it may take some time before your refund is officially
posted. Next contact your bank. There is often some processing time before a refund is posted. If you’ve
done all of this and you still have not received your refund yet, please contact us at
support@mobilocard.com.
Price matching for sales and promotions
If you place an order and a promotion is offered shortly after, you may contact us to have us price match
that promotion. We will honor promotions published after an order is made in our sole discretion.
Exchange Policy
We do not accept exchanges except as stated below. In the event a replacement is requested and
approved, replacements will be a like-for-like product or similar specification up to a maximum of your
original product purchase price paid in the rare occasion a purchased product is discontinued.
If you have a product that is no longer available, we shall provide you with the next equivalent at no
further cost.
You may be eligible for a replacement in the event of the following:
- Theft of product.
- Physical damage when received.
- Production errors (Typos, wrong material, wrong color) *Spelling, material and color must have been appropriately and timely provided during the design stage.
- Software malfunction – Chip.
- Products damaged in transit.
- Product does not adhere well to the phone or case.
- Product loses adhesive within the first 30 days of order being marked as delivered.
Replacements for damaged Products will only be honored if we receive notice within 48 hours of delivery,
with photo proof if applicable.
You are not eligible for a replacement in the event of the following:
- Loss of product.
- Accidental or intentional damage.
- Any cosmetic damage (e.g. rust, scratches etc.) *after 30 days of receiving the product.
- Customer errors such as approving the print proofs without reviewing them.
Contact us
For more information about our replacement and refund policies, if you have questions, or if you would
like to make a complaint, please contact us by email at support@mobilocard.com.
Subscriptions
Canceling Your Subscription
To cancel your Subscription, please go to https://buy.mobilocard.com/my-account/ and log in using the
same email address and password you used to make the purchase.
Click on the 3rd tab called “Subscriptions”. Make sure you’re checking your active subscriptions and then
click on “View”. You will see the details of your subscription. When you click on “Cancel” You’ll see the
banner stating the subscription has been canceled. If you accidentally canceled your subscription, you
are able to resubscribe.
If the status stays as “Pending Cancellation” please contact support@mobilocard.com
What happens after you cancel
When you cancel a Subscription, you’ll still be able to use your subscription for the time you’ve already
paid. For example, if you buy a one-year subscription on January 1st for $10 and decide to cancel your
subscription on July 1st, you’ll have access to the subscription until December 31st.
You won’t be charged another yearly subscription of $10 the following January 1st.
Please keep in mind that if you cancel a user license subscription (teams), it will result in an
organization's cards no longer working (deactivated) once the subscription period ends.
Refunds
Your Subscription will continue until you cancel it, we suspend the services, or we stop providing access
to the services. You may cancel your Subscription at any time by emailing us at support@mobilocard.com
or via the interface described above; provided, that, any such cancelation will be effective at the end of
your current annual or monthly billing period, and that cancelation will not result in any refund of prepaid
fees.
Disputes
We will try to resolve any disputes with you quickly and efficiently. If you are unhappy with your
Subscription or any other matter please contact us at support@mobilocard.com as soon as possible.
You may not access or use the Site for any purpose other than that for which we make the Site available.
The Site may not be used in connection with any commercial endeavors except those that are specifically
endorsed or approved by us.
As a user of the Site, you agree not to:
The Site and the Software may allow you to chat, contribute to, or participate in interactive
functionalities, and may provide you with the opportunity to create, submit, post, display, transmit,
perform, publish, distribute, or broadcast content and materials to us or via the Site, the Cards, and the
Software, including but not limited to trademarks, trade dress, logos, designs, slogans, text, links, writings,
reviews, survey responses, video, audio, photographs, graphics, comments, suggestions, personal
information, or other material (collectively, “Contributions”). Contributions may be viewable by other users
of the Site through third-party websites, and by third parties you use Cards with. As such, any
Contributions you transmit may be treated as non-confidential. When you create or
make available any Contributions, you thereby represent and warrant that:
Any use of the Site in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Site.
By posting your Contributions to any part of the Site, or making Contributions accessible to the Site by
linking your account from the Site to any of your social networking accounts,, you automatically grant, and
you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable,
perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use,
copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform,
publicly display, modify, reformat, translate, transmit, excerpt (in whole or in part), and distribute such
Contributions (including, without limitation, your image and voice) for any purpose, commercial,
advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such
Contributions, and grant and authorize sublicenses of the foregoing. Mobilo reserves the right, without
payment to you or others, to promote itself and others near your Contributions, and your name and
materials may be visible alongside ads that promote Mobilo and others, in accordance with the Privacy
Policy. The use and distribution may occur in any media formats and through any media channels.
This license will apply to any form, media, or technology now known or hereafter developed, and includes
our use of your name, company name, and franchise name, as applicable, and any of the trademarks,
service marks, trade names, logos, and personal and commercial images you provide. You waive all
moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in
your Contributions. If you wish to opt-out of the use of your name appearing alongside promotional
material, please email hello@mobilocard.com; however please note that we cannot guarantee that we
can fully remove all ad functionalities without affecting the functionalities of your Card.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site. You are solely responsible for your Contributions to the Site and you expressly agree to (i) exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions and (ii) grant us permission to remove your Contributions if we believe that it violates these Terms of Use, our policies, or we are permitted or required to do so by law.
We have the right, in our sole and absolute discretion: (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Site; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions. You acknowledge that other users’ Contributions do not express the views of Mobilo and that other users’ Contributions may contain content that is defamatory, objectionable, obscene, or untrue. We disclaim all liability of any kind with respect to user Contributions.
If you access the Site or Software via one of our mobile applications, then we grant you a revocable, non-
exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic
devices owned or controlled by you, and to access and use the mobile application on such devices strictly
in accordance with the terms and conditions of this mobile application license contained in these Terms of
Use. You shall not: (1) decompile, reverse engineer, disassemble, attempt to derive the source code of, or
decrypt the application; (2) make any modification, adaptation, improvement, enhancement, translation,
or derivative work from the application; (3) violate any applicable laws, rules, or regulations in connection
with your access or use of the application; (4) remove, alter, or obscure any proprietary notice (including
any notice of copyright or trademark) posted by us or the licensors of the application; (5) use the
application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is
not designed or intended; (6) make the application available over a network or other environment
permitting access or use by multiple devices or users at the same time; (7) use the application for creating
a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for
the application; (8) use the application to send automated queries to any website or to send any
unsolicited commercial e-mail; or (9) use any proprietary information or any of our interfaces or our other
intellectual property in the design, development, manufacture, licensing, or distribution of any
applications, accessories, or devices for use with the application.
The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play (each an “App Distributor”) to access the Site: (1) the license granted to you for our mobile application is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service; (2) we are responsible for providing any maintenance and support services with respect to the mobile application as specified in the terms and conditions of this mobile application license contained in these Terms of Use or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the mobile application; (3) in the event of any failure of the mobile application to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the mobile application, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the mobile application; (4) you represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country and (ii) you are not listed on any U.S. government list of prohibited or restricted parties; (5) you must comply with applicable third-party terms of agreement when using the mobile application, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the mobile application; and (6) you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Terms of Use, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these Terms of Use against you as a third-party beneficiary thereof.
As part of the functionality of the Site, you may link your account with online accounts you have with third-party service providers (each such account, a “Third-Party Account”) by either: (1) providing your Third-Party Account login information through the Site; or (2) allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent and warrant that you are entitled to disclose your Third-Party Account login information to us or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account. By granting us access to any Third-Party Accounts, you understand that (1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the “Social Network Content”) so that it is available on and through the Site via your account, including without limitation any friend lists and (2) we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Site. Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through the Site. You will have the ability to disable the connection between your account on the Site and your Third-Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content. You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the Site. You can deactivate the connection between the Site and your Third-Party Account by contacting us using the contact information below or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except the username and profile picture that become associated with your account.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site or the Products (“Submissions”) provided by you to us are non-confidential and shall become our sole property. If Submissions contain any positive reviews of the Products or Site, you acknowledge and agree that we may use your name, image, and likeness in conjunction with such Submission in the promotion of the Products or Site. You acknowledge and agree that we shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
The Site may contain (or you may be sent via the Site) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Use no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.
We care about data privacy and security. Please review our Privacy Policy: https://www.mobilocard.com/privacy. By using the Site or purchasing Products, you consent to the practices disclosed in our Privacy Policy, which is incorporated into these Terms of Use. Please be advised the Site is hosted in the United States. If you access the Site or purchase Products from the European Union, Asia, or any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Site, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States. Further, we do not knowingly accept, request, or solicit information from children or knowingly market to children. Therefore, in accordance with the U.S. Children’s Online Privacy Protection Act, if we receive actual knowledge that anyone under the age of 13 has provided personal information to us without the requisite and verifiable parental consent, we will delete that information from the Site as quickly as is reasonably practical.
We respect the intellectual property rights of others. If you believe that any material available on or through the Site infringes upon any copyright, trademark, or other proprietary right you own or control, please immediately notify us using the contact information provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to the Site infringes your copyright, you should consider first contacting an attorney.
Mobilo will process notices of alleged infringement which it receives and will take appropriate action as required by the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws.
To be effective, the Notification must be in writing and contain the following information:
The DMCA requires that notifications of claimed copyright infringement should be sent to:
IP INFRINGEMENT AGENT
THE DMCA AGENT SHOULD BE CONTACTED ONLY FOR THE PURPOSE OF NOTIFYING THE DMCA AGENT THAT YOUR WORK HAS BEEN USED OR COPIED IN A WAY THAT CONSTITUTES COPYRIGHT INFRINGEMENT AND SUCH INFRINGEMENT IS OCCURRING ON THE SITE.
ANY REQUEST, INQUIRY, OR COMMUNICATION SENT TO THE DMCA AGENT FOR ANY OTHER PURPOSE WILL NOT BE RESPONDED TO.
These Terms of Use shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site or the Products without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site or the Products.
We cannot guarantee the Site and the Products will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site or the Products at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site or the Products during any downtime or discontinuance of the Site or the Products. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or the Products or to supply any corrections, updates, or releases in connection therewith.
These Terms of Use and your use of the Site are governed by and construed in accordance with the laws of the State of Delaware applicable to agreements made and to be entirely performed within the State of Delaware, without regard to its conflict of law principles.
Any legal action of whatever nature brought by either you or us (collectively, the “Parties” and individually, a “Party”) shall be commenced or prosecuted in the state and federal courts located in New York County, New York, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms of Use. In no event shall any claim, action, or proceeding brought by either Party related in any way to the Site be commenced more than one (1) years after the cause of action arose.
There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Products, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE WILL BE AT YOUR SOLE RISK AND MAY HAVE AN UNINTENDED OR ADVERSE EFFECT ON THE DEVICE ON WHICH THE SITE IS ACCESSED OR DOWNLOADED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE, THE PRODUCTS, AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE SECURITY, ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY, PROPERTY LOSS OR DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
IN NO EVENT WILL WE OR OUR AFFILIATES OR LICENSORS, SERVICE PROVIDERS, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, OR OTHER DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR PRODUCTS, EVEN IF FORESEEABLE AND IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING OR $100, WHICHEVER IS GREATER. IN NO EVENT WILL Mobilo, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BY LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH ANY CLAIM FOR LOSSES OR INJURIES RESULTING FROM EVENTS BEYOND ITS CONTROL INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING: ACTS OF GOD; ACTS OF PUBLIC AUTHORITIES ACTING WITH ACTUAL OR APPARENT AUTHORITY; CRIMINAL ACTS OF THIRD PARTIES; THE APPLICATION OF SECURITY OR HEALTH-RELATED REGULATIONS IMPOSED BY ANY GOVERNMENT; WORK STOPPAGES OR OTHER LABOR DISPUTES; WAR, MILITARY ACTIONS OR POLICE ACTIONS; ACTS OF TERRORISM; CIVIL COMMOTIONS; OR DISRUPTIONS IN AIR OR GROUND TRANSPORTATION NETWORKS, SUCH AS WEATHER PHENOMENA AND NATURAL DISASTERS. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, licensors service providers, and all of our respective officers, agents, shareholders, contractors, suppliers, successors, assigns, partners, and employees, from and against any and all losses, damages, liabilities, claims, or demands, including reasonable attorneys’ fees and expenses due to or arising out of: (1) your Contributions; (2) your use of the Site; (3) your breach of these Terms of Use; (4) any breach of your representations and warranties set forth in these Terms of Use; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Site with whom you connected via the Site. Notwithstanding the foregoing, we reserve the right and option, at your sole cost and expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your own cost and expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
Sending us emails, creating an account on the Site, and completing online forms on the Site constitute your consent to receive and transact business via email, direct message, and other digital means (“Electronic Communications”). You consent to receive Electronic Communications in conformance with our Privacy Policy. You agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
These Terms of Use and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Site. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.
In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at: hello@mobilocard.com
Lulu Systems, Inc.
1178 Broadway
3rd Floor #1021
New York, NY 10001
United States
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