Mobile360 SMS Terms and Conditions

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ANNEX A

The following terms and conditions (“Terms and Conditions”), as well as all applicable laws, govern all use of the Mobile360.ph website and all content,
services and products available at or through the website (collectively, the “Service”). The Service is owned and operated by Yondu, Inc. (“Yondu”). The
Service offered is subject to your acceptance without modification of all the terms and conditions contained herein and all other operationg rules,
policies (including, without limitation, Yondu,Inc.’s Privacy Policy) and procedures that may be published from time to time on this Site by Yondu,Inc.
(collectively, the “Yondu Policies”).

Please read these Terms and Conditions carefully before accessing or using the Service. By accessing or using any part of the Service, you agree to be
bound by these Terms and Conditions. If you do not agree to all the Terms and Conditions, then you may not access or use the Service. If these Terms
and Conditions are considered an offer by Yondu, acceptance is expressly limited to these terms. The service is available only to individuals who are at
least 18 years old.

If you create or register an account on the Service, you shall be responsible for maintaining the security of your account, and you shall be fully responsible for all activities that occur under the account. You shall not describe or assign keywords to your content in any misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others. Yondu reserves the right to change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Yondu liability. You shall immediately notify Yondu of any unauthorized use of your account, your mobile services, or any other breach of security. Yondu, Inc., its directors, officers, employees and/or successors-in-interest shall not be liable for any and all acts or omissions committed by you or your representatives, including any damages of any kind incurred as a result of such acts or omissions.

If you register an account, post material to the chosen SMS campaign Service, post links on the Service, or otherwise make (or allow any third party to make) any material available by means of the Service (any such material, “Content”) or other services, you shall be entirely responsible for the content of and any harm resulting from that Content. The same shall apply without regard to whether the Content in question, or any portion thereof, constitutes texts, graphics, audio file, or computer software. By making  the Content available, you represent and warrant that:

  • the downloading, copying and use of the Content does not infringe the proprietary rights, including but not limited to, the copyright, patent, trademark or trade secret rights, of Yondu or any third party;
  • if your employer or any person has rights to intellectual property you created, you have either (i) received permission from your employer or such person to post or make available the Content, including but not limited to, any software, or (ii) secured from your employer or such person a waiver of its or his claims as to all rights in or to the Content;
  • you have fully complied with any and all necessary licenses relating to the Content, and have done all things necessary to successfully pass  the Content or any required terms through and/or to end users;
  • the Content does not contain or will not in any way install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
  • the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
  • the Content is not pornographic, libelous or defamatory, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;

 

If you delete the Content or any part thereof, Yondu will use reasonable efforts to remove the same from the Service, but you acknowledge that caching or references to the said deleted item may not be made immediately unavailable. Without limiting any of those representations or warranties, Yondu has the right (though not the obligation), in its sole discretion, to: (i) refuse or remove any Content that, in Yondu’s reasonable opinion, violates any Yondu policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Service to any individual or entity for any reason. Yondu shall have no obligation to provide a refund of any amounts previously paid.

You agree to execute either a six (6) month or twelve (12) month Contract Term agreement with Yondu, unless a different term is stated in a separate agreement covering custom developed services or any special arrangement. You may opt to upgradeyourservice agreement to any other contract agreement that Yondu or the Mobile360 website is currently offering for sale at any time during your contract term. In the case of an upgrade, you shall be charged the amount representing the difference in the cost of the two contracts over the remainder of the original contract term. At the end of thecontract initial term, the contract shall automatically renew for thesame duration until explicitly cancelled. Cancellation must be done through notice duly sent via Mobile360’s support addresses. Any cancellation shall be done at least thirty (30) days prior to the intended effectivity of contract termination to allow for adequate processing time.

In consideration of the services and/or products provided by Yondu, you shall agree to pay one hundred percent (100%) of the billed amount for any development or monthly fees or costs, whichever is applicable, within five (5) days from receipt of the billing or Statement of Account without need of prior demand. Any late payment shall be subject to a penalty of one percent (1%) of the amount due per month of delay, provided that, non-payment of any billing for a continuous period of fifteen (15) days shall entitle Yondu to terminate this Agreement.

Dispute of any item in the billing may be done by sending a notice to Yondu within three (3) days from receipt of the billing. Any dispute shall be resolved within five (5) days from receipt of the notice. If the charge is thereafter found to be validly made, you shall pay the same within five (5) days from receipt of the notice resolving the dispute and, further, you may be permanently blacklisted and barred from use of the Service.

You shall agree to the existing subscription approaches offered by Yondu for Mobile360.ph Services. The Service to be launched will be based on the subscription or plan you agree to avail: Basic, Premium, Platinum and Consumable SMS Plans, as well as the terms and conditions of the custom developed services or any special arrangement contained in a separate agreement (if any).

Yondu has not reviewed, and cannot review, all of the material, including computer software, posted to the Service, and cannot therefore be responsible for that any material’s content, uses or effects. By operating the Service, Yondu does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Service may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Service may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Yondu disclaims any responsibility for any harm resulting from the use by Users and/or visitors of the Service, or from any downloading by those Users or visitors of any Content there posted.

We have not reviewed, and cannot review, all of the material, including computer software, made available through the Services and webpages to which Mobile360.ph links, aswell as those that link to Mobile360.ph. Moreover, Yondu does not have any control over non-Mobile360 services and webpages. As such Yondu, its directors, stockholders, officers, employees and/or successors-in-interest shall not be held responsible for the aforementioned material, their contents and/or their use. By linking to a non-Mobile360 website or webpage, Yondu does not represent or imply that it endorses such website or webpage. You are thus solely responsible for taking precautions as may be necessary to protect yourself and/or your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. It is understood and you agree that Yondu, its directors, stockholders, officers, employees and/or successors-in interestshall not be liable for any harm resulting from your use of non-Mobile 360 websites and webpages.

As Yondu asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on, or linked to by Mobile360.ph or any Yondu social network or mobile application, violates your copyright, you are encouraged to notify Yondu in accordance with Yondu‘s Digital Millennium Copyright Act (”DMCA”) Policy. Yondu shall respond to all such notices by providing the appropriate remedy, including, if the circumstances require it, removing the infringing material or disabling all links to the infringing material. In the case a visitor infringes or repeatedly infringes, or has the tendency to infringe,on the copyrights or other intellectual property rights of Yondu or others, Yondu may, in its sole discretion, terminate or deny access and/or use of the Service to such visitor. In the case of such termination or denial of access, Yondu shall have no obligation to provide a refund of any amounts previously paid to Yondu.

These Terms and Conditions herein do not transfer, and shall not be construed as allowing any transfer, of any Yondu or third party intellectual property.It is understood that any right, title and interest in and to such intellectual property will remain (as between the parties) solely with Yondu. The names Yondu, Mobile360, and Mobile360.ph, the Mobile360.ph logo, and all other trademarks, service marks, graphics and logos used in connection with Mobile360.ph or the Service are trademarks or registered trademarks of Yondu and/or its licensors. As such, your use of the Service shall not in any way grant you the right or license to reproduce said marks. Neither does your use of the Service allow you to reproduce or otherwise use any trademark belonging to a third party.

Yondu reserves the right, at its sole discretion, to modify or replace any part of these Terms and Conditions. It shall be your responsibility to check these Terms and Conditions periodically for changes. Your continued use of or access to the Service following the posting of any changes to these Terms and Conditions signifies that you have been properly notified of and you have accepted those changes. Yondu may also, in the future, offer new services and/or features through the Service (including, the release of new tools and resources and modification as well as termination of released features). Such new features and/or services shall likewise be subject to these Terms and Conditions unless otherwise stated.

You may cancel this Agreement with or without cause by sending a notice to Yondu via Mobile360’s support addressesat least thirty (30) days prior to the intended date of termination (or by simply discontinuing the use of the Service). Cancellations that shall take effect before the end of the Contract Term (whether Initial or Subsequent Terms) are subject to pre-termination fees (see Annex B – Pre-termination Fees). On the other hand, Yondu may immediately terminate your access to all or any part of the Service at any time and without prior notice, even if without cause or for any causes such as, but not limited to:

  1. Non-payment of any amount due for a continuous period of fifteen (15) days;
  2. Violation of any of the terms or warranties provided in this Agreement or the proposal;
  3. Termination of the Agreement is done as part of the general shut down of Yondu’s service, or the happening of any event (whether the same may be caused by force majeure or act of man) which prevents Yondu from delivering any of the Services provided herein.



All provisions of this Terms and Conditions, which by their nature should survive termination of the Service, including, but not limited to, ownership provisions, warranty disclaimers, indemnity and limitations of liability,  shall survive such termination.

If you cancel the Services, your cancellation shall take effect on your next billing cycle. Any and all fees paid prior to the said effectivity of cancellation shall be forfeited in favor of Yondu. No credit card or billing information shall be collected to initiate a trial account, and charges made herein shall only be applied after explicit account purchase. If you have a question about charges made to your account, please contact us immediately. If any charges were made in error, Yondu shall immediately credit your account or credit card account the appropriate amount charged in error upon confirmation made after an immediate investigation. Be informed that Yondu, Inc. has a zero tolerance policy for charge backs. Thus, should you dispute any charge that is later on found to be validly made, you shall be permanently blacklisted and barred from use of the Service.

The Service is provided on an “as is” basis. Yondu and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, but without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Yondu, nor its suppliers and licensors, makes any warranty that the Service herein provided will be error free, or that access thereto will be continuous or uninterrupted. Further,Yondu makes no warranty or representation as to the accuracy, correctness or completeness of any information furnished or made available through the Service.You understand that  any information, data, content or services downloaded or otherwise obtained from or through the Service are thus downloaded or obtained at your own discretion and risk.

In no event shall Yondu, its suppliers or licensors, or their respective stockholders, directors, officers, employees or successors-in-interest be held liable with respect to any matter subject of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) interruption of use or loss or corruption of data; (iv)loss of profits or trading losses; or (v) any amounts that exceed the fees paid by you to Yondu under this agreement during the twelve (12) month period prior to the cause of action. Yondu stockholders, directors, officers, employees or successors-in-interestshall have no liability for any failure or delay due to matters or causes beyond its reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

By accessing and/or using the Service, you represent and warrant that (i) your access and/or use of the Service is and shall be made in strict compliance with the Yondu Privacy Policy, with these Terms and Conditions and with all applicable laws, rules and regulations (including, but without limitation, any local laws or regulations of the country which you are a national or a resident, or of the state, city, or other governmental área where you are staying, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the Philippines or the country in which you reside) and; (ii) your use of the Service does not and shall not infringe on or misappropriate the intellectual property rights of any third party. As such, you shall be held solely responsible for any access and/or use of the Service in violation of the aforementioned laws, rules and/or regulations. Should Yondu, its stockholders, directors, officers, agents, employees and/or successors-in-interest be held liable for any claim or damages arising from any of your acts, you hereby agree to  indemnify Yondu  for any and all amounts paid therein.

You agree to indemnify and hold harmless Yondu, its directors, officers, employees, its contractors and licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Service, including but not limited to your violation of these Terms and Conditions.

Whenever possible, each provision of this Terms and Conditions will be interpreted in such a manner as to be effective and valid under applicable law. However, if any provision of this Agreement is held to be prohibited by or invalid under applicable law, such provision will be ineffective only to the extent of such prohibition or invalidity, without invalidating the remainder of such provision of the remaining provisions of this Agreement.

You shall not assign or transfer any of its rights and obligations under your Agreement with Yondu without the prior written consent of Yondu. For avoidance of doubt, you shall not subcontract or transfer voluntarily or involuntarily any of its rights, duties or obligations under this contract without the express written consent of the Yondu, Inc.

These Terms and Conditions contained herein constitute the entire agreement between Yondu and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Yondu, or by the posting by Yondu of a revised version of these Terms and Conditions. The Terms and Conditions herein shall be governed by the laws of the Philippinesand the proper venue for any disputes arising out of or relating to any of the same will be the courts located in the Philippines, specifically and exclusively the courts in Makati City Philippines. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising hereunder or in relation her ewithshall be finally settled in accordance with the arbitration rules of the Philippine Dispute Resolution Center, Inc.

ANNEX B

Pre-termination fees are VAT inclusive and must be paid within thirty (30) days upon submission of service termination request.

Pre-termination Fee = (Monthly Consumable Plan + Average Monthly Excess Usage) x 30% x Remaining Months

Sample Computation

Monthly Consumable Plan (VAT Inclusive):                          Php 100,000.00
Average monthly excess usage (VAT inclusive):                  Php 20,000.00
Remaining months: 2 months
Pre-termination fee (VAT inclusive):                                     Php 72,000.00

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