Terms of Service

These Terms of Service (the “Terms”) govern your access to, use of MOPAPP.COM (the “Site”), whether you are a “Visitor” (which means that you simply browse the Mopapp.com website) or you are a “Member” (which means that you have registered with Mopapp.com). The term “you” or “User” refers to a Visitor or a Member. By using the Site, you agree to comply with and be bound by these Terms of Service. If you do not agree to these Terms of Service, please do not use the Site. These Terms and policies are in effect throughout the full term or duration of your use of the Site and Services whether or not you become a registered user of the Services. If you accept this Agreement, you represent that you have the capacity to be bound by it or if you are acting on behalf of a company or entity that you have the authority to bind such entity. Before you continue, you should print or save a local copy of this Agreement for your records. You are responsible for regularly reviewing these Terms. Please review them carefully.

1. The Service

MOPAPP.COM is a property of Mopapp Ltd (“Mopapp”, “us”, “we”, the “Company”). Mopapp has developed the Site, the backend Aggregation Engine (the “Engine”) and the associated software used to imports data (the “Software”) from all other stores for the combined Sales Analysis (the “Service”) offered from the Site. In order to use the Service you must:

  1. be 13 years or older to use this Site or the Service;
  2. use the Site and Service according to these terms of Service and all applicable laws and regulations determined by the state and country of residence;
  3. provide your legal full name, a valid email address, and any other information requested in order to complete the signup process. All information provided MUST be accurate;
  4. you agree and understand that we may, at any time, and without prior notice, revoke and/or cancel your access if you fail to meet these criteria or violate any portion of these terms.

2. Access and Interference

You agree that you will not:

  1. use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor Mopapp.com or any portion of Mopapp.com, without Mopapp’s express written consent, which may be withheld in Mopapp’s sole discretion;
  2. use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search Mopapp.com, other than the search engines and search agents available through the Service and other than generally available third-party web browsers (such as Microsoft Explorer);
  3. post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interfere with the proper working of Mopapp.com or the Service; or
  4. attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of Mopapp.com or the Service.

All actions performed with the Site or Service must be done through the approved API or by a human accessing the Site through a web browser.

3. Modification

THE COMPANY MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.

4. Privacy and your Personal Information

For information about Mopapp data protection practices, please read Mopapp Privacy and Security Policy at http://www.mopapp.com/privacy, which is hereby incorporated into this Agreement. This policy explains how Mopapp treats your personal information when you access Mopapp.com and use the Service. The policy may be updated from time to time at our discretion. Changes will be effective upon posting to the site.

5. Registration Information

You agree and understand that you are responsible for maintaining the confidentiality of your password that, together with your LoginID e-mail address, allows you to access the Service. That Login ID and password, together with any mobile number or other contact information you provide form your “Registration Information.”

By providing us with your e-mail address, you agree to receive all required notices electronically, to that e-mail address. It is your responsibility to update or change that address, as appropriate. Notices will be provided in HTML (or, if your system does not support HTML, in plain-text) in the text of the e-mail or through a link to the appropriate page on our site, accessible through any standard, commercially available internet browser.

If you become aware of any unauthorized use of your Registration Information, you agree to notify Mopapp immediately at the email address – [email protected].

6. Use of the Service

Your right to access and use the Site and the Service is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use Mopapp.com for lawful purposes.

Accurate records enable Mopapp to provide the Service to you. If you do not do this, the accuracy and effectiveness of the Service to you will be affected. You agree that all registration information provided is true, accurate, complete, and current. Any registration information that is not true, accurate, complete, or current constitutes violation of this agreement and your account may be suspended without notice. Without limiting the foregoing, you will not:

  1. violate any local, state, provincial, national, or other law or regulation, or any order of a court;
  2. infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
  3. interfere with or damage our Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
  4. use automated scripts to collect information or otherwise interact with the Service or the Site;
  5. enter into this agreement on behalf of another person or entity without consent or the legal capacity to make such agreements as a representative of an organization or entity.

7. Service Level

Your access and use of Mopapp.com may be interrupted from time to time for any of several reasons, including, without limitation:

  1. outages to any public Internet backbones, networks or servers;
  2. any failures of Your equipment, systems or local access services;
  3. previously scheduled maintenance;
  4. events beyond Mopapp control such as strikes, riots, insurrection, fires, floods, explosions, war, governmental action, labor conditions, earthquakes, natural disasters, or interruptions in Internet services to an area where Mopapp servers are located or co-located;
  5. other actions that Mopapp, in its sole discretion, may elect to take;

Complete accuracy in all aspects of your analytical data at all times also is not guaranteed.

8. Service Delivery and Timing

Mopapp is offered as a Service-As-A-Software, which means it’s an online service always available through a web browser. Once you subscribe to a paid plan, the service’s paid features are enabled as soon as your billing information are verified and you’re billed for the first month of service. This happens in real-time, so that you’ll be immediately able to use the service once the sign-up procedure has been completed.

9. Refund Policy

Mopapp offers two ways to fully explore its features and to allow you understand if it fits your needs: you can either sign-up for a free account, which never expires but has limited features, or you can sign-up for a fully functional 15-days trial. The trial subscription is completely free, and no credit card or billing information is required to sign-up. At the end of the trial period, you’ll be asked to provide your credit card to keep using the selected paid plan, or downgrade to the free community plan.

Because of these options, once you decide to subscribe to a Mopapp’s paid monthly plan, the fee paid for the current month cannot be refunded in case you decide to stop using the service. You can however cancel your subscription at any time, so that you won’t be billed for next months.

10. Rights You Grant to Us

By using the Service, you expressly authorize Mopapp to access your Account Information maintained by identified third parties, on your behalf as your agent. When you use the “Add Stores” feature of the Service, you will be directly connected to the website for the third party you have identified. Mopapp will submit information including usernames and passwords that you provide to log you into the site. You hereby authorize and permit Mopapp to use and store information submitted by you to the Service (such as account passwords and user names) to accomplish the foregoing and to configure the Service so that it is compatible with the third party sites for which you submit your information. For purposes of this Agreement and solely to provide the Account Information to you as part of the Service, you grant Mopapp a limited power of attorney, and appoint Mopapp as your attorney-in-fact and agent, to access third party sites, retrieve and use your information with the full power and authority to do and perform each thing necessary in connection with such activities, as you could do in person. YOU ACKNOWLEDGE AND AGREE THAT WHEN Mopapp IS ACCESSING AND RETRIEVING ACCOUNT INFORMATION FROM THIRD PARTY SITES, Mopapp IS ACTING AS YOUR AGENT, AND NOT AS THE AGENT OF OR ON BEHALF OF THE THIRD PARTY. You understand and agree that the Service is not sponsored or endorsed by any third parties accessible through the Service.

11. Intellectual Property

The contents of Mopapp.com, including its “look and feel” (e.g., text, graphics, images, logos and button icons), photographs, editorial content, notices, software (including html-based computer programs) and other material are belong or are licensed to Mopapp and are protected under both United States and other applicable copyright, trademark and other laws. Mopapp grants you the right to view and use Mopapp.com subject to these terms. Mopapp may revoke this license at any time without notification or your permission. You may download or print a copy of information provided on Mopapp.com for your personal, internal and non-commercial use only. Any distribution, reprint or electronic reproduction of any content from Mopapp.com in whole or in part for any other purpose is expressly prohibited without our prior written consent.

If you believe that any of the materials infringe on any third party’s rights, please contact Mopapp immediately at the address provided below.

12. Disclaimer of Representations and Warranties

THE CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH MOPAPP.COM OR PROVIDED THROUGH THE SERVICE ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS. Mopapp MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF MOPAPP.COM OR OF THE SERVICE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.

Mopapp MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT ON MOPAPP.COM OR OF THE SERVICE, AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. Mopapp MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE SERVICE IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION.

13. Limitations on Mopapp’s Liability

Mopapp SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO MOPAPP.COM, YOUR USE OF THE SERVICE OR THIS AGREEMENT, EVEN IF Mopapp HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, Mopapp’S LIABILITY TO YOU FOR ANY CAUSE WHATEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $100.00 (ONE HUNDRED UNITED STATES DOLLARS).

14. Indemnity

You agree to indemnify, defend and hold harmless, Mopapp, its officers, directors, employees, agents, licensors, representatives, affiliates, and third-party providers, against and from all losses, expenses, damages, and costs, including attorney’s fees, resulting from any violation of this agreement by you, your violation of any law, or violation of the rights of any third party.

15. Governing Law and Forum for Disputes

This Agreement, and your relationship with Mopapp under this Agreement, shall be governed by the laws of the State of Delaware without regard to its conflict or choice of laws provisions. Any dispute with Mopapp, or its officers, directors, employees, agents or affiliates, arising under or in relation to this Agreement shall be resolved exclusively through the small-claims court of the Superior Court of Delaware within the county of Wilmington, Delaware, except with respect to imminent harm requiring temporary or preliminary injunctive relief in which case Intuit may seek such relief in any court with jurisdiction over the parties. You understand that, in return for agreement to this provision, Mopapp is able to offer the Service at the terms designated, without charge to you, and that your assent to this provision is an indispensable consideration to this Agreement.

You also acknowledge and understand that, with respect to any dispute with Mopapp, its officers, directors, employees, agents or affiliates, arising out of or relating to your use of the Service or this Agreement:

  • YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY;
  • YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE.

16. Ending your relationship with Mopapp

This Agreement will continue to apply until terminated by either you or Mopapp as set out below. If you want to terminate your legal agreement with Mopapp, you may do so by closing your account for the Service.

Mopapp may at any time, terminate its legal agreement with you:

  1. if you have breached any provision of this Agreement (or have acted in a manner which clearly shows that you do not intend to, or are unable to comply with the provisions of this Agreement);
  2. if Mopapp in its sole discretion believes it is required to do so by law (for example, where the provision of the Service to you is, or becomes, unlawful).

17. Miscellaneous

If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.

You agree that if Mopapp does not exercise or enforce any legal right or remedy which is contained in the Agreement (or which Mopapp has the benefit of under any applicable law), this will not be taken to be a formal waiver of Mopapp’s rights and that those rights or remedies will still be available to Mopapp.

All covenants, agreements, representations and warranties made in this Agreement shall survive your acceptance of this Agreement and the termination of this Agreement.

This Agreement represents the entire understanding and agreement between you and Intuit regarding the subject matter of the same, and supersedes all other previous agreements.

18. Contact

If you have questions, comments, concerns or feedback regarding this agreement, you may contact us at http://support.mopapp.com or at the following contacts:

Direct e-mail address: [email protected]

Snail mail:

Mopapp Ltd
5th floor, North Side
7/10 Chandos Street
Cavendish Square
London W1G 9DQ
United Kingdom