Mobomo, LLC – FitMask Terms of Service
Effective Date: January 15, 2022
These terms and conditions (“Terms of Service”) set out the terms and conditions of Mobomo, LLC (the “Company,” “we,” “us,” or “our”) governing your downloading and use of our FitMask software application (the “Application”). PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE YOU DOWNLOAD, INSTALL, OR USE THE APPLICATION.
By downloading, installing, or using the Application, you indicate that you agree to comply with these Terms of Service. If you do not agree with any of these Terms of Service, do not use the Application.
Company may update these Terms of Service from time to time. Your continued use of the Application indicates your acceptance of any modifications to these Terms of Service. Should you not agree with the update we made, you must stop using the Application.
Company grants you a non-exclusive, non-transferable and revocable right and license to download the Application to your mobile device and to use the Application solely for the purpose of scanning a user’s face to recommend a type and size of breathing mask. You may not use the Application for any purpose not expressly permitted in these Terms of Service.
Proprietary and copyright protected information
The Application is the proprietary information of Company and its licensors, and Company and its licensors retain all right, title, and interest in and to the Application now and in the future. The Application is protected by trade secret, copyright, patent and trademark laws, and various other U.S. and international laws and treaties.
You agree to comply with all applicable laws worldwide in your use of this Application, and agree that the Application may not be copied, distributed, republished, altered, reverse engineered, uploaded, posted, publicly displayed, encoded, translated, or transmitted in any way, in whole or in part, without the prior written consent of Company. You may not remove or alter any patent, copyright, trademark or other proprietary notice appearing in the Application. You may not use any deep-link, page-scrape, robot, spider or other device, program, algorithm or methodology, or any similar process, to access or copy any portion of the Application. No intellectual property rights are transferred to you by access to the Application or otherwise.
You may not co-brand, frame or mirror the Application.
Limitation of Liability
You acknowledge that the Application is provided to you free-of-charge and for your convenience only. As such you agree, to the greatest extent permitted under applicable law, to release Company and all their officers, employees, agents, owners, affiliates and subsidiaries, whether direct or indirect (hereafter “Released Parties”) from any and all liability for any losses or damages incurred by you arising out of your use of the Application.
YOU AGREEE THAT COMPANY SHALL NOT IN ANY EVENT BE LIABLE TO YOU FOR ANY INIDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND INCURRED BY YOU IN CONJUNCTION WITH YOUR USE OF THE APPLICATION. IN THE EVENT THAT THE FOREGOING LIMITATION IS DETERMINED TO BE UNLAWFUL, YOU AGREE THAT THE AGGREGATE LIABILITY OF COMPANY TO YOU IN CONJUNCTION WITH YOUR USE OF THE APPLICATION SHALL BE LIMITED TO ONE DOLLAR ($1).
You agree to indemnify and hold the Released Parties harmless from and against any demand, loss, liability, claim or expense (including attorneys’ fees), made against them by any third party which arises out of or is in any way connected with your use of the Application.
Disclaimer of Warranties
COMPANY DOES NOT WARRANT THAT THE APPLICATION OR ANY FEATURE OF THE SYSTEM WILL BE ERROR-FREE, VIRUS-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SYSTEM WILL PROVIDE SPECIFIC RESULTS. THE APPLICATION IS DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, COMPLETENESS, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. YOUR SOLE REMEDY AGAINST COMPANY IS TO STOP USING THE APPLICATION. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN YOU AND COMPANY. THE APPLICATION IS NOT A MEDICAL PRODUCT AND COMPANY DOES NOT GUARANTEE THAT THE APPLICATION WILL RECOMMEND THE BEST MASK FOR THE USER.
If any provision of these Terms of Service is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect. The failure of Company to enforce any provision in these Terms of Service shall not constitute a waiver of such provision.
The Terms of Service comprise the entire agreement between you and Company regarding the subject matter and supersede all prior or contemporaneous negotiations, discussions or agreements, if any, between the parties regarding the subject matter contained herein. You have relied upon no representation or statement contradicting these Terms of Service in agreeing to access this Application, unless in writing and signed by a duly authorized agent of Company.
This Application is controlled by Company from its offices within the United States of America. Company makes no representation that the Application is appropriate or available for use at locations outside of the United States of America and access to it from territories where its Proprietary Material is illegal is prohibited.
You agree to be bound by any affirmation, assent or agreement you transmit by computer or other electronic device. You agree that, when you submit an order on the Application or click on an “I agree,” “I consent” or other similarly worded “button” or entry field with your mouse, keystroke or other device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature. Regardless of any electronic signature, you agree that use of this Application is subject to the Terms of Service and that you are bound by the Terms of Service. You agree to all of the above terms and conditions, and you agree to hold harmless Released Parties from any and all claims resulting from your access and use of this Application in breach of these Terms of Service and the products or services featured in it. When entering this Application, you verify that you have read and understand all these terms and conditions without reservation and must agree to these Terms of Service