1. Introduction

These Terms of Service ("Terms") cover your use of and access to the websites, desktop or mobile applications, and related services and features (collectively, the "Services") provided by us ("Mobirise", "we","us").

By using our Services, you are agreeing to these Terms. Please read them carefully.

2. Account

To use many of Services, you must first create an account (“Account”). You agree to provide us with accurate, complete and updated information for your Account. We may need to use this information to contact you.

Please safeguard your Account and make sure others don't have access to your Account or password. You're solely responsible for any activity on your Account and for maintaining the confidentiality and security of your password.

Services are not intended for and may not be used by children under the age of 16. By using Services, you represent that you're at least 16.

3. Your Content

Some of our Services allow you to upload, submit, store, send or receive content, including without limitation text, photos, images, audio, video, code and any other materials. You retain ownership of any intellectual property rights that you hold in that content.

You represent and warrant that you own all rights to your content or otherwise have (and will continue to have) all rights and permissions to legally use, share, display, transfer and license your content via Services. You represent and warrant that your content use will not infringe or violate the rights of any third party, including without limitation any copyrights, trademarks, privacy rights, publicity rights, contract rights, trade secrets or any other intellectual property or proprietary rights. Don't copy, upload, download or share content unless you have the right to do so.

When you upload, submit, store, send or receive content to or through our Services, you give us a worldwide license to use, host, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display and distribute such content. The rights you grant in this license are for the limited purpose of operating, promoting, and improving our Services, and to develop new ones.

If you provide us with any suggestions, comments or other feedback, you acknowledge and agree that it may be used by us without any restriction or obligation to you, even after your Account is canceled.

4. Your Responsibilities

You represent and warrant that your use of Services is not contrary to law, including without limitation, laws regarding online conduct and acceptable content, applicable export or import controls, regulations and sanctions.

You represent and warrant that you will not:

copy, modify, create derivative works of, adapt, reverse engineer, emulate, migrate to another service, translate, compile, decompile or disassemble Services;

sell, sublicense, lease, rent, loan Services;

upload, post, transmit or otherwise make available any content that is unlawful, malicious, harmful, threatening, defamatory, abusive, obscene, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;

use any illegal action to collect login data and passwords for other websites, third parties, software or services;

phish, collect, upload, or otherwise make available credit card information or other forms of financial data used for collecting payments, unless done in accordance with any applicable law, including, with the PCI DSS standard when applicable;

use any “robot”, “spider” or other automatic device, program, script, or any similar or equivalent manual process, to access, acquire, copy, or monitor Services;

act in a manner which might be perceived as damaging to Mobirise’s reputation and goodwill or which may bring Mobirise into disrepute or harm;

purchase domains and ads that use Mobirise and variations and misspellings thereof;

breach or otherwise bypass any security or authentication measures;

upload to Services any virus, worm, Trojan Horse, time bomb, web bug, spyware, malware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component;

take any action that imposes an unreasonable or disproportionately large load on the infrastructure of Services or networks connected to Services;

use any of Services in connection with any form of spam, unsolicited mail, fraud, scam, phishing, “chain letters”, “pyramid schemes” or similar conduct, or otherwise engage in unethical marketing or advertising;

access to Service through any means or technology, other than our publicly supported interfaces;

remove or alter any copyright notices, watermarks, restrictions and signs indicating proprietary rights;

upload files for the sole purpose of having them hosted by Services and for use outside of Services;

upload, post or otherwise transmit any content that is adult in nature, such as any nudity in a sexual context;

You acknowledge and agree that your failure to abide by any of the foregoing or any misrepresentation made by you herein may result in the immediate termination of your Account and any Services provided to you – with or without further notice to you, and without any refund of amounts paid on account of any such Services.

5. Our Rights

The Services are protected by copyright, trademark and other US and foreign laws. Therms doesn't grant you any right, title or interest in the Services, others’ user content, our trademarks, logos or other brand features or intellectual property or trade secrets or others’ content in the Services. You agree not to change, translate or otherwise create derivative works of the Services or others’ user content.

We reserve the rights, which we may exercise at any time and in our sole discretion, and without liability or notice to you (except where prohibited by applicable law): (a) we may change parts or all of the Services and their functionality; (b) we may suspend or discontinue parts or all of the Services; (c) we may terminate, suspend, restrict or disable your access to or use of parts or all of the Services; (d) we may terminate, suspend, restrict or disable access to your Account or parts, some or all of your sites; and (e) we may change our eligibility criteria to use the Services (and if such eligibility criteria changes are prohibited by law where you live, we may revoke your right to use the Services in that jurisdiction).

7. Privacy and Copyright

Our Privacy Policy (https://mobirise.com/privacy.html) explains what your data we process, how we process it, the purposes for which we process it, how you may request deletion of that data, and how we protect your privacy when you use our Services. By using our Services, you agree that we can use such data in accordance with our Privacy Policy.

The Services utilize the YouTube API to search and display YouTube videos, and you are agreeing to be bound by the YouTube Terms of Service (https://www.youtube.com/t/terms), Google Privacy Policy (https://policies.google.com/privacy) when engaging YouTube content through the Services.

We respond to notices of alleged copyright infringement if they comply with the law. We reserve the right to delete or disable content alleged to be infringing, and to terminate Accounts of repeat infringers without any refunds.

8.Paid Services

You can access certain portions of the Services by submitting a fee payment (such additional services, “Paid Services”). Paid Services will remain in effect until cancelled or terminated in accordance with Terms. You may cancel Paid Services at any time via Services. If you don't pay for Paid Services on time, we reserve the right to suspend or cancel your access to the Paid Services. Transaction fees and additional fees may also apply to certain portions of the Services.

All fees are exclusive of applicable national, provincial, state, local or other taxes, unless explicitly stated otherwise. You're responsible for all applicable taxes, and we'll charge taxes in addition to the fees for the Services when required to do so.

To ensure uninterrupted service, we'll automatically bill you for certain Paid Services from the date you submit your initial payment and on each renewal period afterwards until cancellation. Your renewal period will be equal in time to the renewal period of your current subscription. We’ll automatically charge you the applicable amount using the payment method you have on file with us. You can disable auto-renewal at any time via https://secure.2co.com/myaccount/.

If you are not satisfied with Paid Services, you can receive a refund within 14 days of first order. The refund is applicable only to the initial purchase of Services. The refund is not applicable to any additional purchases, upgrades, modification or renewals of Services. Certain services may be non-refundable. These include third party services such as domains, business tools and applications.

9. Cancellation

You may discontinue to use and cancel your Account and Services at any time via Services. The effective date for the cancellation will be the date on which you have completed the cancellation process via Services, and the effective date for cancellation of Paid Services will be at the end of such Paid Services’ subscription period. We reserve the right to change, suspend, discontinue, cancel, restrict or disable your use of or access to, parts or all of the Services or their functionality at any time at our sole discretion and without notice. For example, we may suspend or cancel your Account if you're violating these Terms.

10. Disclaimer of Warranties

We provide Services on an “as is”, and “as available” basis, without any warranties of any kind, including any implied warranties or conditions of merchantability, fitness for a particular purpose, workmanlike effort, non-infringement, or any other warranty – all to the fullest extent permitted by law. We specifically do not represent or warrant that Services are complete, accurate, of any certain quality, reliable or secure in any way, suitable for or compatible with any of your contemplated activities, devices, operating systems, browsers, software or tools, or comply with any laws applicable to you (including in any jurisdiction in which you operate), or that their operation will be free of any viruses, bugs or other harmful components or program limitations.

We may release products and features that we’re still testing and evaluating. Those Services will be marked as beta, preview or early access, and may still contain software bugs, suffer disruptions and not operate as intended or designated.

11. Limitation of Liability

To the fullest extent permitted by law in each applicable jurisdiction, Mobirise, its officers, directors, shareholders, employees, affiliates and/or agents shall not be liable to you for any direct, indirect, incidental, special, punitive, exemplary or consequential damages whatsoever, including any damages resulting from (1) errors, mistakes, or inaccuracies of or in any content; (2) any personal injury or property damage related to your use of Services; (3) any unauthorized access to or use of our servers and/or any personal information and/or other information stored therein; (4) any interruption or cessation of transmission to or from Services; (5) the use or display of any content or user content posted, emailed, transmitted, or otherwise made available via Services; (6) events beyond the reasonable control of Mobirise, including any internet failures, equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, earthquakes, explosions, acts of God, war, terrorism, intergalactic struggles, governmental actions, orders of courts, agencies or tribunals or non-performance of third parties; and/or (7) loss of use, data, profits, goodwill, or other intangible losses, resulting from the use or the inability to use any or all of Services.

12. General

We may update Terms from time to time by publishing a new version on our websites. We encourage you to check back periodically to review this Terms for any changes since your last visit. By continuing to use or access the Services after any modifications come into effect, you agree to be bound by the modified Terms and price changes. If you disagree with our changes, then you should stop using the Services and cancel all Paid Services.

Please email [email protected] to report any violations of these Terms. To contact our customer support, please email at [email protected].