Our Terms and Privacy Policy

This document contains both Terms of Service and Privacy Policy. Please review it carefully in its entirety.

These Terms of Service and Privacy Policy ("Terms and Policy") apply to your access and use of the mobile applications (the "Apps"), namely MAISUMA native mobile applications, MAISUMA web applications, and MAISUMA.APP websites, and all other products and services (collectively, the "Service") of MOTOMOB LIMITED  ("We", "Us", "Ours", "MAISUMA").

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BY DOWNLOADING THE APPS, USING, REGISTERING, BROWSING CONTENT, SUBMITTING CONTENT TO, OR OTHER ACCESS AND/OR USING THE SERVICE, YOU AGREE TO THESE TERMS AND POLICIES BELOW. If you do not wish to agree to all of these Terms and Policies provisioned in this document, please terminate your use of the Apps and Service immediately.

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PART I. Terms of Service

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You must be at least 18 years of age to use the Service. If you are under 18 years of age, you may not use the Service.

We reserve the right to change these Terms and Policy at any time. You may be notified by the updated date at the top of this document. Occasionally, we will inform the changes to the Terms and Policy by email or other means on the Service. Please make sure you check for changes to these terms periodically. Any change to these Terms and Policy becomes immediately effective following their posting. Your continued use of the Service after these Terms and Policy changes indicates your acceptance of those changes. If you do not wish to agree to any changes to these Terms and Policy, please immediately terminate your use of the Service.

Further, these Terms and Policy will also govern any upgrades or new versions of the Apps and/or Service that may replace and/or supplement the original Apps and/or Service. If a Terms and Policy do not accompany the upgrade or new version, these Terms and Policy will govern.

Description of Service

Maisuma is a productivity app that helps you manage your daily tasks and lists. 

Registering as a User

To use the Services, you may be required to register a user account with us. By registering, you warrant that all information provided by you is truthful, accurate, current and complete. We may collect the information you provide as described in our Privacy Policy, located in the second section of this document. We reserve the right to grant or reject user accounts at our discretion. You accept full responsibility for any and all use of your account, regardless of whether you authorised such access or use. You also take full responsibility that all use of your account fully complies with these Terms and Policy.

Despite our best efforts to protect your data, you must fully accept the risk of potential security breaches imposed by third parties. In such cases, you agree to indemnify us of all your losses or damages incurred due to such security breach.

Your Right to Use the Service

If you fully accept and comply with these Terms and Policy, we grant 

you a non-commercial, personal, limited, nonexclusive, nontransferable and revocable license to access and use the Service. When you download the Apps, you are given the right to download, use and access one copy of the App at the price listed.

You also fully accept that the Service contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, URL, animation, software, images, audio, video, graphics, music, and the rights to the contents of the Services under the English and Welsh copyright laws and other laws are owned, controlled, or Licensed or otherwise made legal to use by MAISUMA. While you are granted a license to use, access, view or display the Service, you may not modify, reproduce, copy, frame, interfere, disrupt, alter, disclose, publish, transmit, translate, publicly display, publicly perform, sell or participate in the sale, create derivative works, license, sublicense, rent, transfer, assign, disassemble, decompile or reverse engineer any of the content or software of the Service, or in any other way exploit the content or the Service, in whole or in part. You further agree not to attempt to gain unauthorised access to the Service and its related systems or networks.

We reserve the right to terminate the license granted to you upon your violation of any provisions listed in these Terms and Policy, policies listed within the third-party application store or marketplace where you downloaded the Apps, or at our discretion, If you wish to terminate the license granted by us, please delete and destroy any copies of the Apps and discontinue your use of the Service.

Equipment and Internet Data

You are solely responsible for providing, maintaining and managing the equipment necessary for the use or access to the Service, including, but not limited to, your mobile devices, tablet devices, computers, ear plugs, earphones, headphones, chargers, auxiliary jack, blue tooth devices, USB cords and any other hardware or software needed to use and access the Services.

In addition, you further agree that you are solely responsible for providing and managing the Internet connection and data and all their related fees incurred as the result of your use or access to the Service. Although some of the MAISUMA features can be used offline, you acknowledge that the Apps may access the Internet data on your device during your access or use of the Apps or while the Apps are in the background state of your mobile device. You further acknowledge that if you do not wish to use any Internet connection or data, you may turn off your mobile device's access to the Internet or data by managing it under the setting provided on your device. Please consult your manufacturer for instructions on turning off your device's Internet and data usage. You assume all responsibility for all data fees during or related to your use or access to the Service.

Submitting Content

MAISUMA may allow you or third parties to submit content or material to the Service. You will own any content or material submitted to the Service by you. And you agree to assume full responsibility and indemnify MAISUMA harmless to the fullest extent allowed by law regarding all matters related to content or materials submitted by you.

You also hereby acknowledge that by submitting content or material to the Service, you automatically grant MAISUMA the royalty-free, worldwide, universal, transferrable, perpetual, irrevocable, non-exclusive right and license to use, reproduce, store, broadcast, publicly perform, publicly display, publically promote, advertise, create derivative works from, distribute, translate, transmit, reproduce, modify, edit, reformat, adapt, license, sublicense, sell or participate in the sale, copy, transfer, assign, disassemble, decompile such content and material, in whole or in part, and to incorporate it in other works in any form, without compensation. You also agree to allow us to use your name and the content and material you submit.

If you are a resident of the European Union or other countries that recognise unalienable moral rights, you hereby grant MAISUMA the broadest license legally allowed under the applicable law.

Modification and Availability

You acknowledge that MAISUMA does not warrant that the Apps and Service will consistently and continuously be working or accessible. We further disclaim that the Apps and Services will always work as advertised or to your satisfaction. We reserve the right to alter, update, or remove the Apps and Service at any time or demand that you do so.

Your Conduct

You hereby agree to do the following in connection with the Service:

1. Exercise caution while using the Apps and Services and acknowledge that you are solely responsible for your safety and others around you. You hereby acknowledge that MAISUMA is not responsible for your safety in any way in connection to your use or access to the Apps and Service;

2. Never attempt to interfere with, disrupt, circumvent, overburden, damage or compromise the Service and its system integrity and security;

3. Never interfere with or negatively affect other users;

4. Never access the Apps and Services through technology or means other than those authorised by us;

5. Never use the Service for any illegal, unlawful or unauthorised purpose or activities;

6. Comply with all local, state or federal laws or laws of the land regarding your Service use. We are not responsible for violating any rules during your use of or in connection with the Service.

MAISUMA Rights

You hereby acknowledge that all information, data, materials, content, graphics, text, graphs, designs, look and feel, HTML, photographs, images, sounds, music, audio, video, sources and object codes, algorithms, logos, trademarks, service marks are owned by or licensed by MAISUMA, and are subject to copyright and other intellectual property rights under the United Kingdom, and that of other nations or international conventions. We reserve all rights not expressly outlined in these Terms and Policy.

Payments and Refunds

We distribute the Apps through the App Store, Google Play and/or other third-party marketplaces. Payments for the Apps and all in-app purchase products are due at the time of download or purchase via the third-party marketplaces from which you made the purchase or download. Any refunds, requests for refunds, or disputes shall be processed through the same third-party marketplace.

Representations and Warranties

You hereby acknowledge that MAISUMA is not responsible for anything you may encounter while using the Apps, including, but not limited to, physical and natural hazards, traffic, accidents and any forms of delay, danger, damages or losses. You further acknowledge that our Apps and Service only provide you with information, and you solely rely on yourself for your safety and the safety of others around you and to be fully aware of your surroundings at all times during the use of the Apps or Service.

Disclaimer

YOU HEREBY EXPRESSLY AGREE THAT THE USE OF THE SERVICE IS AT YOUR SOLE RISK. MAISUMA, MOTOMOB LIMITED, AND ITS EMPLOYEES, MANAGERS, INVESTORS, OFFICERS, DIRECTORS, PARTNERS, OWNERS, THIRD-PARTY PROVIDERS, LICENSORS, CONTRACTORS, OR AGENTS ("COVERED PARTIES") GIVE NO WARRANTY (EXPLICIT OR IMPLIED) THAT THE SERVICE WILL BE ERROR-FREE, UNINTERRUPTED OR TO YOUR SATISFACTION; NOR DO THE COVERED PARTIES WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE, OR THE ACCURACY, COMPLETENESS OR RELIABILITY OF INFORMATION CONTAINED THEREIN, TO THE FULLEST EXTENT PERMISSIBLE BY LAW. MAISUMA AND COVERED PARTIES FURTHER DISCLAIM THAT THE SERVICE WILL BE FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES, MALWARE, FAILURE, SECURITY BREACH BY THEIR PARTIES, INACCURATE INFORMATION OR DATA, INTERRUPTION, DELETION, DELAY IN OPERATION OR TRANSMISSION OF INFORMATION IN THE SERVICE. WE FURTHER DISCLAIM ITS WARRANTY THAT YOUR USE OF THE APPS AND SERVICES IS LAWFUL IN ANY PARTICULAR JURISDICTION. FURTHER, MAISUMA DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS SUITABLE FOR ANY PURPOSE, NON-INFRINGEMENT, CONDITION OF TITLE AND CUSTOM.

IN NO EVENT WILL COVERED PARTIES BE LIABLE FOR ANY DAMAGES, CLAIMS, OR INJURY ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICE. YOU HEREBY AGREE TO ASSUME ALL RISK FOR ANY DAMAGES, CLAIMS OR INJURIES.

YOU FURTHER AGREE NOT TO RELY ON THE SERVICE FOR SAFETY (YOUR OWN AND OTHERS). YOU UNDERSTAND THAT ALTHOUGH WE STRIVE TO PROVIDE ACCURATE DATA AND UNINTERRUPTED SERVICE, THE APPS AND SERVICE MAY CONTAIN ERRORS, MISTAKES AND FAILURES. IN ADDITION, THE APPS AND SERVICES DO NOT KNOW WHAT IS TAKING PLACE IN FRONT OF YOU. 

Limitation of Liability

TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL MAISUMA AND COVERED PARTY BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, ACCIDENTAL, CONSEQUENTIAL, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, A) YOUR USE OR INABILITY TO USE THE APPS AND/OR SERVICE; B) ERRORS, MISTAKES, OMISSIONS, OR ANY INACCURACY OF INFORMATION, CONTENT OR DATA; C) ANY VIRUSES, WALMARE, FAILURES, BUGS IN THE TRANSMISSION OF INFORMATION; D) ANY SERVICE SECURITY BREACH BY THIRD PARTIES; E) ANY MISTAKES, OMISSION, FAILURE OR ERROS IN THIRD PARTY CONTENT; F) ANY LOSS OF PROPERTY, INCLUDING BUT NOT LIMITED TO PHYSICAL LOSSES, DEATH AND/OR ANY AND ALL OTHER TYPES OF DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO THESE TERMS AND POLICY, YOUR USE OF THE SERVICE (INCLUDING, THE APPS AND ANY OF OUR SERVICES), AND/OR THIRD-PARTY SERVICES OR MATERIALS, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, OMISSIONS, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) AND EVEN IF MAISUMA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SUPPOSE YOU RESIDE IN A LOCATION THAT DOES NOT ALLOW MAISUMA TO LIMIT OUR LIABILITY, SUCH AS THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN THAT CASE, OUR LIABILITY SHALL BE LIMITED TO THE SMALLEST EXTENT POSSIBLE BY LAW IN YOUR PARTICULAR JURISDICTION.

FOR ANY LOSS OR DAMAGE THAT IS NOT EXCLUDED UNDER THESE TERMS, THE TOTAL LIABILITY OF MAISUMA AND COVERED PARTIES WILL NOT EXCEED THE PURCHASING PRICE FOR THE APP FROM WHICH THE LOSS OR DAMAGES AROSE (AS OPPOSED TO ANY OTHER FEES/COSTS INCLUDING, BUT NOT LIMITED TO, ANY FEES ASSOCIATED WITH YOUR DEVICE AND/OR INTERNET DATA USAGE).

Indemnity

You agree to defend, indemnify and hold harmless MAISUMA and its officers, directors, owners, employees, contractors, investors and agents from and against any and all claims, damages, payments, deficiencies, fines, obligations, losses, liabilities, costs, debt, judgments, settlements and expenses (including but not limited to attorney's fees, costs, penalties, interests and disbursements) arising from, or related to any conduct concerning the Service, violation of these Terms and Policy, your violation of any third party right, including but not limited to any copyright, property or privacy.

This indemnification obligation will survive these Terms and Policy and your use of the Apps and Service.

Third-Party Software

The Apps and Service may contain specific third-party software, plugins or Application Programming Interface (collectively "Third Party Software") that require separate agreement terms. You agree to use the Third Party Software in conjunction with the Apps in a manner consistent with these Terms and Policy.

Changes to the Service

We reserve the right to review, amend, improve, change or discontinue these Terms and Policy occasionally, with or without notifying you. Further, we reserve the right to change, modify or discontinue any features, materials, content or data in the Apps and Service at our discretion, with or without notifying you. You acknowledge that we are not reliable to you or any third party for any changes, alterations or discontinuance of the Service in whole or in part.

Export Control

You represent and warrant that (a) you do not reside in a country that is subject to a UK Government embargo or that has been designated by the UK Government as a "terrorist supporting" country, and (b) you are not listed on any UK Government list of prohibited or restricted parties.

Electronic Communications

You agree that we may communicate with you electronically for any purpose. You agree that electronic communication will satisfy any legal requirements, including that the communications be in writing. 

Choice of Law

English and Welsh law shall govern this agreement.

Suspension and Termination

We may suspend or terminate your rights to access or use the Service for any reason or no reason at all at our discretion. Although we will strive to provide you with a timely explanation in most cases, we reserve the right to do so with or without notifying you. Suspension or termination may include restricting access to and use of the Apps and Services. If you wish to terminate the use of the Apps and/or Service, please do so by deleting or destroying the Apps that you have downloaded and cease using the Service.

Deleting the Apps will result in the immediate deletion of all content included in the Apps that you downloaded. We reserve the right to keep any content submitted to our Service and information provided by you with your permission (explicit or inexplicit) for commercial, internal and legal purposes. All terms in these Terms and Policy (excluding the license grant) will survive any termination or suspension.

Force Majeure

You agree that MAISUMA is not responsible to you for anything that we may otherwise be liable for if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labour shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, power outage, failure or delay of your device's signal and service integrity to the global positioning system (GPS), neglect or shortage of infrastructure, lack of materials, or any other event beyond our control.

Severability

If a provision of these Terms and Policy is found to be unlawful, conflicting with another provision of these Terms and Policy, or otherwise unenforceable, these Terms and Policy will remain in force as though it had been entered into without that unenforceable provision being included.

If two or more provisions of these Terms and Policy are deemed to conflict with each other's operation, we shall have the sole right to elect which condition remains in force.

Non-Waiver

Enforcement of these Terms and Policies is solely at our discretion. We reserve all rights permitted to us under these Terms and Policy and the provisions of any applicable law. Our non-enforcement of any particular provision(s) in these Terms and Policy or any applicable law should not be deemed our waiver of the right to enforce that same provision under the same or different circumstances at any time.

Assignment

You may not assign your rights and/or obligations under these Terms and Policy to any other party without obtaining our written consent. We may assign our rights and/or obligations under these Terms and Policy to any other party at our discretion, with or without notifying you.