(A) Eligibility

2.1 By using our Services, you confirm that you (i) have full legal capacity to enter into a binding relation, (ii) that you will provide true, accurate, current, and complete information where requested, and information which is otherwise compatible with these Terms, (iii) that you will not use Services contrary to these Terms or applicable laws. If you are accessing our Services on behalf of a legal entity, you further confirm that (i) you have the appropriate authorization to accept the terms of this Agreement, (ii) you have the appropriate authorization to bind such legal entity by accepting this Agreement, (iii) legal entity on behalf of whom you accept this Agreement has full power to enter into this agreement and to perform obligations as defined herein.

2.2 We may not control who uses the Platform, so it is upon you to assess whether using the Platform is in compliance with any local laws and regulations. Whenever you are using our Platform you will need to comply with the terms of this Agreement and any applicable laws, regulations and policies. If any part of the Platform is not in compliance with your local laws, you may not use the Site and the Services. Any such Service will be considered as ‘not available in your region’.

(B) Scope of the services

2.3 Mobi365 operates a platform through which registered users can send faxes. Mobi365 customers also have access to an online help desk where they can get help with sending their faxes.

2.4 Mobi365 cannot guarantee or warrant that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. Mobi365 cannot and does not guarantee that its Services will be operational 100% of the time. Services may be down (i) for scheduled maintenance, (ii) force majeure events, (iii) for specific Users because of the account suspension or termination, (iv) internet problems outside of the Mobi365 area of influence, (v) bugs in code, hardware or Services without a commercially known fix.

2.5 Mobi365 is not responsible for accurateness, integrity, quality or appropriateness of any location information sent through the Services. Mobi365 acts as a passive conduit for the transmission and distribution of the available information. Information location is dependent on many factors, first of all the acceptance of the device holder to share their location information. Depending on the available technology the location can be inaccurate to a larger degree. Mobi365 is not responsible for any inaccuracies and any information provided through the Platform is solely for entertainment purposes and should be in no event relied upon.

(C) Registration

2.6 When registering on our Platform or otherwise interacting with the Platform, Users are required to provide true, accurate, current and complete information about themselves as prompted by the forms provided. You agree to update your information should there be any changes, in order to keep registered information true, accurate, current and complete. If you provide information contrary to aforementioned conditions, we may deny you or terminate your access to the Site, parts of it or our Services. We are not responsible for any failure in providing the Services which results from information that is not true, accurate, current and complete.

2.7 You understand that it is your responsibility to keep your log in information confidential. You are responsible for all activity under your account. If you ever find out or suspect that someone accessed your account without authorization, you are advised to inform us immediately.

(D) membership period

2.8 Users are able to choose the duration of their membership Period from the option available on the Site. membership Period starts on the Effective Date, and ends on the same day in the month in which the selected duration of membership Period expires. In case the month in which the membership Period expires does not have the date which matches Effective Date, membership Period will end on the last day in that month. If the membership Period is calculated in hours, membership Period expires after all the hours in selected membership Period expire.

2.9 membership Period will automatically renew at the end of the current membership Period. Renewed membership Period will be by default for the same duration as the current membership Period except for special promotional membership Period. After expiry of the promotional membership Period your membership will automatically switch to regular membership with the shortest available regular membership Period. membership Fee for the Renewed membership Period will be calculated in accordance the prices that were in effect ten (10) days prior to the expiry of the current membership Period. If you wish to stop using our Services, you may cancel your account or discontinue automatic renewal option in your User account before the expiry of the current membership Period.

(E) Acceptable use

2.10 You agree that you will not misuse our Services. A misuse constitutes any use, access or interference with the Site or Service contrary to this Agreement, our privacy policy and applicable laws and regulations. We can, in our sole discretion, suspend or terminate access to all or parts of the Site and Services to any User, without prior notice or need to deliberate on reasons for such measure. We reserve the right to deny Services to anyone at any time. During your use of our Services, you will not behave contrary to the Terms, Policies, applicable laws and regulations, and you will especially not, without limitation, do anything of the following:

• (i) send or otherwise post unauthorized commercial communications (such as spam) through the Site;
• (ii) collect Site users' content or information, or otherwise access the Site, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission;
• (iii) upload viruses or other malicious code;
• (iv) post or transmit content which is illegal, hateful, obscene, threatening, incites violence, insulting, defamatory, infringing of intellectual property rights, invasive of privacy, or is otherwise objectionable to third parties;
• (v) take any action creating a disproportionately large usage load on our Site unless expressly permitted by us;
• (vi) create more than one account or share your account with anyone;
• (vii) communicate any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships, or otherwise infringes or violates someone else's rights;
• (viii) encourage participation in or promote any contents, pyramid schemes, surveys, chain letters or spamming, or unsolicited emailing through the website.

(F) Contact

2.11 If you provide us with your e-mail address, we may contact you using such contact information, for any matters relating to the Services (Service e-mails). These e-mails do not constitute “unsolicited commercial e-mail advertisements” and you are not able to opt-out of receiving them. You may opt-in to receive e-mails about news, promotions, special memberships and or other topics of interest related to the Mobi365 and our affiliates (Promotional e-mails). You may choose to stop receiving these promotional e-mails at any time by following the instructions contained in Promotional e-mails.

2.12 If you have any question or suggestion you can contact us at [email protected].

(A) Proprietary rights

3.1 All intellectual property rights connected to the Site, Services, and Content are the sole property of Mobi365, or are used under appropriate licenses or permissions. Nothing in this Agreement shall be understood or intended for transfer of such intellectual property rights to you or any other third party.

3.2 Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sub licensable license to access and use the Platform provided by Mobi365, within the scope of your membership package. Except as expressly permitted in these Terms, you may not: copy, modify or create derivative works based on the Services; distribute, transfer, sublicense, lease, lend or rent the Services to any third party; reverse engineer, decompile or disassemble the Services; or make the functionality of the Services available to multiple users through any means.

(B) Condidential information

3.3 During the term of this Agreement, Users may be required to provide or volunteer to provide certain Confidential Information to Mobi365 and Mobi365 may disclose certain Confidential Information to the users. Regarding such information both parties hereby agree (i) to keep Confidential Information in strict confidence, (ii) to undertake all reasonable measures to protect the confidence of Confidential Information, (iii) not to disclose, or otherwise make available, Confidential Information to any third party without obtaining prior written consent, (iv) to use Confidential Information only for the purposes intended, (v) to return all Confidential Information and any and all copies, extracts or derivative works resulted from Confidential Information upon written request or upon termination of the Agreement, and to destroy or erase all remaining copies of the Confidential Information regardless of the form or media on which the Confidential Information is stored.

(C) Notification of infringement

3.4 If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the following information to the Site’s Copyright Agent:

1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2. A description of the copyrighted work or other intellectual property that you claim has been infringed;
3. A description of where the material that you claim is infringing is located on the Site;
4. Your name, address, telephone number and e-mail address;
5. A signed statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and;
6. A statement by you, made under penalty of perjury, that the information provided in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

3.5 Our copyright agent can be reached as follows: [email protected]

4.1 All prices for listed Services are available on the Site and are calculated when you choose to subscribe on the Site. All prices are shown inclusive of VAT and other applicable taxes. If the Service is listed at an incorrect price due to typographical error or systems error, we retain the right to refuse or cancel any order placed for Services listed at the incorrect price. If the payment of the incorrect price has already been made, we will return the same amount of money upon cancellation.

4.2 When subscribing on the Site, you can choose the method of payment. If you are paying by credit card, you must provide valid and current information necessary to process the payment. You agree and authorize us to charge your credit card for all fees payable during your membership Period.

4.3 membership Fee is calculated in the moment of submitting the registration on the Site. membership Fee for the current membership Period will not be affected by the Service price changes as described in article 4.5 of this Agreement.

4.4 If for any reason we are unable to process the payment your membership will terminate immediately.

4.5 We reserve the right to change prices at any time and with notification to current active Users. Such changes will not affect user’s current membership Period. Prices that were effective ten (10) days prior to the membership renewal will be applied for the payment of the renewed membership Period.

5.1 The Services may be made available or accessed in connection with third party services and content (including advertising) that Mobi365 does not control. You acknowledge that different Terms of Service and privacy policies may apply to your use of such Third - Party services and content. Mobi365 does not endorse such Third - Party services and content and in no event shall Mobi365 be responsible or liable for any products or services of such Third - Party providers.

6.1 You may cancel your membership at any time, without notice and without penalty, simply by deactivating your account in your account settings. Upon deactivation, your membership will terminate immediately. When you choose to cancel your membership, we will stop billing you for future monthly fees until you subscribe for the Services again. You will be informed through email upon successful cancellation of your membership.

6.2 You understand and agree that the fee for membership Period is due and payable at the start of each individual membership Period and that no refund or credit will be provided for the unused portion of the membership Period.

6.3 If you require any assistance with membership cancellation please feel free to contact our support team at [email protected].

No refund request of a membership is permitted if received after the expiration of a period of fourteen (14) days from the first membership for the Services.

All refund requests before the expiration period of fourteen (14) days can be made by phone or email through our customer support department. The Customer Support department will answer you within 72 hours, and the refunds will be processed within 72 hours.

8.1 You will indemnify and hold harmless Mobi365, and its employees and affiliates, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with your access to or use of the Site and our Services, content which you provide, or your violation of these Terms.

9.1 You agree that, to the extent permitted by applicable law, your sole and exclusive remedy for any problems or dissatisfaction with the Mobi365 service is to stop using the Mobi365 services.

9.2 To the maximum extent permitted by applicable law Mobi365, its employees, officers, shareholders, directors, agents, subsidiaries, affiliates, successors, suppliers, assigns or licensors shall not be liable for any indirect, special, incidental, punitive, exemplary or consequential damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, good-will, or other intangible losses, arising out of your access or use or inability to access or use the Mobi365services, third party applications or third party application content, regardless of legal theory, even if Mobi365 has been advised of the possibility of those damages and even if a remedy fails of its essential purpose. In no event shall Mobi365’s aggregtated liabilty exceed the amount you paid Mobi365, if any, the past one month for the services giving rise to the claim, to the extent permitted by applicable law.

9.3 Mobi365, its employees, agents, and its directors do not accept any liability and you hereby agree to release us of any liability arising (whether directly or indirectly) out of the information provided through the Services, or any errors, in or omissions from such information. Mobi365 is not liable for loss (whether directly or indirectly) caused by your actions or decisions based on your reliance on the information provided to you through the Services, nor caused by the delay, malfunction of the operation or the availability of the Services. Although we strive for accuracy in the Content we provide through the Platform, we do not make any guarantee or representation as to the exactness and the accuracy of such Content.

10.1 Mobi365 may make changes or replace our terms and conditions agreement at any time. We will post such changes, replacements and updates on the site and inform you via email where possibble, and such change, replacement and update to our terms and conditions agreement will take effect immediately upon posting. Changes to the terms of service will not affect already paid membership periods. You are consenting to keep yourself up to date with the latest posted terms and conditions agreement and you accept and are bound by such change, replacement and update if you access or use our service after we have posted it in our site. The terms and conditions agreement applies regardless from which device or operating system you access our services.

11.1 This Agreement shall be governed by and construed under the laws of Canada, without regard to its conflict of law provisions, and excluding the UN Convention on Contracts for the International Sale of Goods. You agree that if you have any dispute with Mobi365 you will contact us in order to settle through negotiations and mutual understanding. If the solution can not be reached in negotiations you agree and hereby submit to the non-exclusive jurisdiction of the courts in the city of Ottawa, Canada.

12.1 If any part of these Terms is found to be invalid, illegal or unenforceable in any respect, it will not affect the validity or enforceability of the remainder of the Terms.

12.2 The section titles in the Terms are for convenience only and have no legal or contractual effect.

12.3 Any failure to exercise or enforce any right or the provision of this agreement shall not constitute a waiver of such right or provision.

12.4 Neither Party may assign or transfer any right or obligation under this Agreement to a third-party without obtaining prior written consent, except to the successors in the event of merger, sale, or liquidation of the Party.

13.1 As part of our legal duty to inform, we point out that the European Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr

13.2 This Platform serves as a point of contact for the out-of-court resolution of disputes arising from online purchase or service contracts involving a consumer.

13.3 Our e-mail address is [email protected].

Version 1.0 01/03/2023