USER AGREEMENT
USER AGREEMENT
Date of placement: 16.01.2023
Effective date: 16.01.2023
This document is a proposal by GREEN GREY HOLDING (CY) LTD (Agias Zonis & Thessalonikis, Nicolaou Pentadromos Center, 10th floor, Flat/Office 1001A, Block B, 3026, Limassol, Cyprus) (hereinafter referred to as "GREEN GREY HOLDING" and/or "mobidriven") conclude an agreement on the terms set forth in this User Agreement (hereinafter referred to as the "Agreement").
1. TERMS AND DEFINITIONS
1.1. For the purposes of this Agreement, the following terms have the following meanings:
Agreement — this document, the "Agreement", posted on the Internet at mobidriven.com, including all documents that are an integral part of it.
Consent - is the fulfillment of the actions provided for in paragraphs 2.1 — 2.2 of the Agreement, which implies unconditional acceptance of all the conditions provided for by the Agreement and the documents that are an integral part of it.
The Parties - are ”GREEN GREY HOLDING” and/or ”mobidriven" and the Partner.
Partner — an individual, an individual entrepreneur or a legal entity that has agreed to the Agreement.
Partner Interface - is a software interface designed for (including, but not limited to) remote interaction of the Parties in order to fulfill the Contract, exchange information and transmit notifications between the Parties. The Partner Interface may contain Statistics, information about the Partner, as well as other information determined by mobidriven.
The mobidriven system - is a set of software and hardware owned by mobidriven and/or used by mobidriven, designed to interact with the Partner's System, ensure the display of Advertising on Advertising Spaces (if applicable), as well as to record mobidriven statistics.
Fraud — including, but not limited to i) spam, invalid requests, invalid Impressions or invalid Clicks carried out by any person, query optimization technology, automatic program or similar device, including through Clicks or Impressions originating from IP addresses or computers at the disposal of the Partner; (ii) Clicks, due to the payment of money, the provision of false information or requests to carry out Clicks on Advertising or other actions, as well as Impressions received in this way; (iii) Clicks or Impressions resulting in imitation of Targeted Actions on the mobidriven website; (iv) intentional or unintentional actions of the Partner related to the use and/or taking advantage of errors, vulnerabilities and/or shortcomings of the code, the Partner Interface and/or the mobidriven System, if such actions cause harm to mobidriven and/or other third parties, including, but not limited to; (v) Clicks or Impressions that are unfair according to other indicators determined by mobidriven at its sole discretion.
1.2. Terms not defined in clause 1.1 of the Agreement may be used in the Agreement. In this case, the interpretation of such a term is made in accordance with the text of the Agreement. In the absence of an unambiguous interpretation of the term in the text of the Agreement, one should be guided by the interpretation of the term defined: first of all — by applicable law, second of all — on mobidriven resources, and third of all — by the established business practice.
2. SUBJECT OF THE AGREEMENT
2.1. This Agreement defines the terms and procedure for the use of mobidriven products, content elements of the Website located on the Internet at: mobidriven.com, the responsibility of the Parties and other conditions for the functioning of the Partner Interface and the mobidriven System and the relationship of the Partner with mobidriven.
3. PARTNER'S OBLIGATIONS
3.1. The Partner agrees not to take actions that may be considered as violating the legislation of Cyprus or the norms of international law, including in the field of intellectual property, copyright and /or related rights, as well as any actions that lead or may lead to disruption of the normal operation of the Partner Interface and services of the mobidriven System.
3.2. The use of the materials of the Partner Interface and the mobidrive System without the consent of the copyright holders is not allowed. For the lawful use of the materials of the mobidrive System, it is necessary to conclude license agreements (obtaining licenses) from the Copyright Holders.
3.3. When quoting mobidriven System materials, including copyrighted works, a reference to mobidriven is mandatory.
3.4. The Partner is warned that mobidriven is not responsible for visiting and using external resources, links to which may be contained on the site.
3.5. The Partner agrees that mobidriven is not responsible and has no direct or indirect obligations to the Partner in connection with any possible or incurred losses or damages related to any content of the Partner Interface and the mobidriven System, copyright registration and information about such registration, goods or services available on or obtained through external sites or resources or other contacts of the Partner that he joined using information or links to external resources posted on the Partner Interface and the mobidriven System.
3.6. The Partner accepts the provision that all materials and services of the mobidriven System or any part thereof may be accompanied by advertising. The Partner agrees that mobidriven does not bear any responsibility and does not have any obligations in connection with such advertising.
4. MOBIDRIVEN OBLIGATIONS
4.1. Refrain from any actions that may hinder the Partner from exercising the right granted to him to use the Partner Interface and the mobidriven System within the limits established by the Agreement.
4.2. To use all personal data and other confidential information about the Partner only for the provision of services in accordance with the Agreement, not to transfer to third parties the documentation and information about the Partner held by him.
4.3. To ensure the confidentiality of the information entered by the Partner when using the Partner Interface and the mobidriven System through the feedback form. The terms of the Privacy Policy are set by the mobidrive Privacy Policy - https://mobidriven.com/en/privacy.
4.4. To ensure the operation of the Partner Interface and the mobidriven System, in accordance with the terms of this Agreement, except for the time of preventive maintenance.
5. RESPONSIBILITY OF THE PARTIES
5.1. The Parties are responsible for non-fulfillment or improper fulfillment of their obligations under this Agreement.
5.2. Mobidriven is not responsible for the content of Advertising Materials, their compliance with the legislation of the state in which the materials are placed, as well as for the violation of third-party rights (including, but not limited to, copyright and related rights, trademark and service marks) in relation to the posted Advertising Materials.
5.3. Mobidriven has the right to refuse the Partner to place any materials on the Partner Interface and in the mobidriven System, if it is revealed that such materials do not comply with the requirements of the current legislation of the state in which the materials are placed.
5.4. If any third party makes a claim to mobidriven in connection with the Partner's violation of the Agreement or applicable laws, the Partner's violation of the rights of third parties (including intellectual property rights), the Partner undertakes to compensate mobidriven for all costs and losses, including to pay any compensation and other costs associated with such a claim.
5.5. Mobidriven is not responsible for direct and indirect losses of the Partner related to the use or non-use of the results of the Partner Interface and the mobidriven System.
6. DISPUTE RESOLUTION
6.1. All possible disputes arising from or related to this Agreement are subject to resolution in accordance with the current legislation of Cyprus.
7.TERM OF THE AGREEMENT
7.1. The Agreement comes into force from the moment of its acceptance by the Partner in accordance with the procedure provided for in clause 2.1 of this Agreement and is valid until the withdrawal of Consent.
7.2. Mobidriven has the right to revoke the Agreement. In case of revocation of the mobidriven Agreement, this Agreement is considered terminated from the moment of revocation. The revoke is carried out by posting relevant information on the website: mobidriven.com.
8.OTHER CONDITIONS
8.1. Nothing in this Agreement can be understood as the establishment of agency relations, partnership relations, joint activity relations, personal employment relations, or any other relations between the Partner and mobidriven that are not expressly provided for in the Agreement.
8.2. The recognition by the court of any provision of the Agreement as invalid or not enforceable does not entail the invalidity of other provisions of the Agreement.
8.3. Inaction on the part of mobidriven in case of violation by any of the Partners of the provisions of this Agreement does not deprive mobidriven of the right to take appropriate actions later to protect its interests and copyright protection for the materials of the mobidriven System protected in accordance with the law.
8.4. Mobidriven has the right to unilaterally change the terms of this Agreement at any time. Such changes come into force after 3 (Three) days from the date of posting the new version of the User Agreement on the site mobidriven.com . If the Partner does not agree with the changes made, he is obliged to refuse access to the Partner Interfaces and the mobidriven System, stop using mobidriven materials and services.
8.5. The use of mobidriven materials and services is regulated by the norms of the current legislation of Cyprus.
9.MOBIDRIVE DETAILS:
GREEN GREY HOLDING (CY) LTD
Registered number: HE 426111
VAT number: 10426111C
Agias Zonis & Thessalonikis, Nicolaou Pentadromos Center, 10th floor, Flat/Office 1001A, Block B, 3026, Limassol, Cyprus
e-mail: lawyer@greengreystudio.com.
The Partner confirms that he is familiar with all the clauses of this Agreement and accepts them unconditionally.
Effective date: 16.01.2023
This document is a proposal by GREEN GREY HOLDING (CY) LTD (Agias Zonis & Thessalonikis, Nicolaou Pentadromos Center, 10th floor, Flat/Office 1001A, Block B, 3026, Limassol, Cyprus) (hereinafter referred to as "GREEN GREY HOLDING" and/or "mobidriven") conclude an agreement on the terms set forth in this User Agreement (hereinafter referred to as the "Agreement").
1. TERMS AND DEFINITIONS
1.1. For the purposes of this Agreement, the following terms have the following meanings:
Agreement — this document, the "Agreement", posted on the Internet at mobidriven.com, including all documents that are an integral part of it.
Consent - is the fulfillment of the actions provided for in paragraphs 2.1 — 2.2 of the Agreement, which implies unconditional acceptance of all the conditions provided for by the Agreement and the documents that are an integral part of it.
The Parties - are ”GREEN GREY HOLDING” and/or ”mobidriven" and the Partner.
Partner — an individual, an individual entrepreneur or a legal entity that has agreed to the Agreement.
Partner Interface - is a software interface designed for (including, but not limited to) remote interaction of the Parties in order to fulfill the Contract, exchange information and transmit notifications between the Parties. The Partner Interface may contain Statistics, information about the Partner, as well as other information determined by mobidriven.
The mobidriven system - is a set of software and hardware owned by mobidriven and/or used by mobidriven, designed to interact with the Partner's System, ensure the display of Advertising on Advertising Spaces (if applicable), as well as to record mobidriven statistics.
Fraud — including, but not limited to i) spam, invalid requests, invalid Impressions or invalid Clicks carried out by any person, query optimization technology, automatic program or similar device, including through Clicks or Impressions originating from IP addresses or computers at the disposal of the Partner; (ii) Clicks, due to the payment of money, the provision of false information or requests to carry out Clicks on Advertising or other actions, as well as Impressions received in this way; (iii) Clicks or Impressions resulting in imitation of Targeted Actions on the mobidriven website; (iv) intentional or unintentional actions of the Partner related to the use and/or taking advantage of errors, vulnerabilities and/or shortcomings of the code, the Partner Interface and/or the mobidriven System, if such actions cause harm to mobidriven and/or other third parties, including, but not limited to; (v) Clicks or Impressions that are unfair according to other indicators determined by mobidriven at its sole discretion.
1.2. Terms not defined in clause 1.1 of the Agreement may be used in the Agreement. In this case, the interpretation of such a term is made in accordance with the text of the Agreement. In the absence of an unambiguous interpretation of the term in the text of the Agreement, one should be guided by the interpretation of the term defined: first of all — by applicable law, second of all — on mobidriven resources, and third of all — by the established business practice.
2. SUBJECT OF THE AGREEMENT
2.1. This Agreement defines the terms and procedure for the use of mobidriven products, content elements of the Website located on the Internet at: mobidriven.com, the responsibility of the Parties and other conditions for the functioning of the Partner Interface and the mobidriven System and the relationship of the Partner with mobidriven.
3. PARTNER'S OBLIGATIONS
3.1. The Partner agrees not to take actions that may be considered as violating the legislation of Cyprus or the norms of international law, including in the field of intellectual property, copyright and /or related rights, as well as any actions that lead or may lead to disruption of the normal operation of the Partner Interface and services of the mobidriven System.
3.2. The use of the materials of the Partner Interface and the mobidrive System without the consent of the copyright holders is not allowed. For the lawful use of the materials of the mobidrive System, it is necessary to conclude license agreements (obtaining licenses) from the Copyright Holders.
3.3. When quoting mobidriven System materials, including copyrighted works, a reference to mobidriven is mandatory.
3.4. The Partner is warned that mobidriven is not responsible for visiting and using external resources, links to which may be contained on the site.
3.5. The Partner agrees that mobidriven is not responsible and has no direct or indirect obligations to the Partner in connection with any possible or incurred losses or damages related to any content of the Partner Interface and the mobidriven System, copyright registration and information about such registration, goods or services available on or obtained through external sites or resources or other contacts of the Partner that he joined using information or links to external resources posted on the Partner Interface and the mobidriven System.
3.6. The Partner accepts the provision that all materials and services of the mobidriven System or any part thereof may be accompanied by advertising. The Partner agrees that mobidriven does not bear any responsibility and does not have any obligations in connection with such advertising.
4. MOBIDRIVEN OBLIGATIONS
4.1. Refrain from any actions that may hinder the Partner from exercising the right granted to him to use the Partner Interface and the mobidriven System within the limits established by the Agreement.
4.2. To use all personal data and other confidential information about the Partner only for the provision of services in accordance with the Agreement, not to transfer to third parties the documentation and information about the Partner held by him.
4.3. To ensure the confidentiality of the information entered by the Partner when using the Partner Interface and the mobidriven System through the feedback form. The terms of the Privacy Policy are set by the mobidrive Privacy Policy - https://mobidriven.com/en/privacy.
4.4. To ensure the operation of the Partner Interface and the mobidriven System, in accordance with the terms of this Agreement, except for the time of preventive maintenance.
5. RESPONSIBILITY OF THE PARTIES
5.1. The Parties are responsible for non-fulfillment or improper fulfillment of their obligations under this Agreement.
5.2. Mobidriven is not responsible for the content of Advertising Materials, their compliance with the legislation of the state in which the materials are placed, as well as for the violation of third-party rights (including, but not limited to, copyright and related rights, trademark and service marks) in relation to the posted Advertising Materials.
5.3. Mobidriven has the right to refuse the Partner to place any materials on the Partner Interface and in the mobidriven System, if it is revealed that such materials do not comply with the requirements of the current legislation of the state in which the materials are placed.
5.4. If any third party makes a claim to mobidriven in connection with the Partner's violation of the Agreement or applicable laws, the Partner's violation of the rights of third parties (including intellectual property rights), the Partner undertakes to compensate mobidriven for all costs and losses, including to pay any compensation and other costs associated with such a claim.
5.5. Mobidriven is not responsible for direct and indirect losses of the Partner related to the use or non-use of the results of the Partner Interface and the mobidriven System.
6. DISPUTE RESOLUTION
6.1. All possible disputes arising from or related to this Agreement are subject to resolution in accordance with the current legislation of Cyprus.
7.TERM OF THE AGREEMENT
7.1. The Agreement comes into force from the moment of its acceptance by the Partner in accordance with the procedure provided for in clause 2.1 of this Agreement and is valid until the withdrawal of Consent.
7.2. Mobidriven has the right to revoke the Agreement. In case of revocation of the mobidriven Agreement, this Agreement is considered terminated from the moment of revocation. The revoke is carried out by posting relevant information on the website: mobidriven.com.
8.OTHER CONDITIONS
8.1. Nothing in this Agreement can be understood as the establishment of agency relations, partnership relations, joint activity relations, personal employment relations, or any other relations between the Partner and mobidriven that are not expressly provided for in the Agreement.
8.2. The recognition by the court of any provision of the Agreement as invalid or not enforceable does not entail the invalidity of other provisions of the Agreement.
8.3. Inaction on the part of mobidriven in case of violation by any of the Partners of the provisions of this Agreement does not deprive mobidriven of the right to take appropriate actions later to protect its interests and copyright protection for the materials of the mobidriven System protected in accordance with the law.
8.4. Mobidriven has the right to unilaterally change the terms of this Agreement at any time. Such changes come into force after 3 (Three) days from the date of posting the new version of the User Agreement on the site mobidriven.com . If the Partner does not agree with the changes made, he is obliged to refuse access to the Partner Interfaces and the mobidriven System, stop using mobidriven materials and services.
8.5. The use of mobidriven materials and services is regulated by the norms of the current legislation of Cyprus.
9.MOBIDRIVE DETAILS:
GREEN GREY HOLDING (CY) LTD
Registered number: HE 426111
VAT number: 10426111C
Agias Zonis & Thessalonikis, Nicolaou Pentadromos Center, 10th floor, Flat/Office 1001A, Block B, 3026, Limassol, Cyprus
e-mail: lawyer@greengreystudio.com.
The Partner confirms that he is familiar with all the clauses of this Agreement and accepts them unconditionally.
