This website (https://www.mobitracker.org/) is operated by Mobitracker. Throughout the website, the terms "we," "us," and "our" refer to Mobitracker.
If one or more provisions of these terms and conditions are or become invalid or unenforceable, the remaining provisions of these terms and conditions shall remain in full force and effect, and the invalid or unenforceable provision(s) shall be replaced by provisions that have the same intent as the original provision(s). Any ambiguity in these terms and conditions shall be construed and interpreted in accordance with the spirit of these terms and conditions.
By using this website, the user agrees that Mobitracker may communicate about its services via messages (including electronic communications). This also includes online portals, if mentioned.
We make every effort to ensure that the Mobitracker website is available for the user. All services are provided on a best effort basis. After creating an account, the user can access Mobitracker.
The user is always responsible for all data and information placed or allowed to be placed on their account and/or on the Mobitracker website. If the user suspects that the data provided is incorrect or incomplete, the user will immediately notify Mobitracker and provide correct information. The user must keep their data up-to-date and can adjust their data in their account accordingly.
Mobitracker may impose further restrictions or conditions on certain parts or functionalities of the network that are accessed and used, including but not limited to creating an account, completing verification processes, and/or meeting specific quality or suitability standards.
The user is always solely responsible for using Mobitracker. The user must comply with the following provisions while using Mobitracker and must avoid:
Using manual or automated software, devices, or other processes to index or scrape the data used in Mobitracker on the Internet;
Engaging in illegal activities or activities that violate morality or public order;
Copying (parts of) the Mobitracker website;
Damaging Mobitracker in any other way.
If (possible) criminal offenses occur, Mobitracker has the right to report these offenses and transfer the data provided by the user to the competent authorities, as well as take all actions required within the framework of the investigation. Mobitracker has the right to refuse user access to Mobitracker and/or terminate the use of the Mobitracker website.
Except for the obligations imposed by law, the user is responsible for and assumes the risks of any losses caused by their inability or failure to act in accordance with the above provisions.
The user is responsible for the proper security of their (mobile) devices used to access the Mobitracker website, as well as the security and confidentiality of their own login details.
To access and use the website, each user must create an account.
Unless otherwise stated, the account can be registered using an email address and password.
When registering an account, the user must provide accurate and complete information and update their account information at any time.
The user is responsible for their login details and should not provide them to any third party. If the user suspects that their login details are lost, stolen, or potentially used without authorization, the user should immediately contact Mobitracker. The user is personally responsible for all activities carried out through their own account, unless the user can prove that they were not negligent. This includes, in any case, not reporting unauthorized use or loss of login data.
Mobitracker only provides access to the Mobitracker website. Mobitracker does not assume any responsibility or liability for the services provided by the network operators connected to the site.
All information and figures displayed on the Mobitracker website may contain spelling or typographical errors.
Users should ensure to promptly provide Mobitracker with all necessary data indicated by Mobitracker or that users should reasonably understand as necessary for accessing and/or using the Mobitracker network.
Mobitracker is not liable for any damages caused by inaccurate and/or incomplete data provided by the user, unless Mobitracker was aware of such inaccuracy or incompleteness.
Mobitracker does not guarantee that the service will always meet the user's expectations. Mobitracker strives to provide uninterrupted access to the Mobitracker website to the extent possible, but Mobitracker does not guarantee that the site will always be fully available. Mobitracker reserves the right to suspend the use of the Mobitracker network if it deems that there is a threat to the perfect operation of the Mobitracker network. Mobitracker also reserves the right to take all measures it deems necessary to ensure the effective operation of the Mobitracker website.
If there is any infringement on Mobitracker or third-party rights and/or the user engages in illegal activities, Mobitracker has the right to immediately close the affected part of the Mobitracker network or to prohibit the user from accessing the site. Mobitracker will immediately remove any infringing/harmful information. In any case, Mobitracker shall not be liable for any damages caused by (temporary) service interruption and/or the deletion or transmission of data.
The right to use the Mobitracker network depends on the user's regular payment of the fee for using Mobitracker services. The user can obtain the content and applicable terms here before signing an agreement with Mobitracker.
If the user fails to comply with the agreement or the obligations arising from these or any other conditions, Mobitracker has the right to terminate the agreement and/or suspend or terminate the use of the Mobitracker network.
If you subscribe to Mobitracker, you will receive a 48-hour trial period for $0.99. If you do not cancel your account, the subscription fee for the service is $39.99 per month, and it will automatically renew for the same term until termination.
Unless you cancel your subscription, you authorize us to charge the corresponding monthly subscription fee through your payment method. You can cancel your subscription to Mobitracker at any time and will have access to it until the end of your monthly billing period. If you plan to cancel before the billing period ends and the service has not been used or performed, a refund may be issued. To the extent permitted by law, the current month cannot be refunded if the service has already been performed, and we do not offer refunds or payments for partial monthly subscription periods. If the service has not been performed and you have complied with the terms, you may apply for a refund within 14 days from the date of the transaction.
To cancel our service or request a refund, please contact us at firstname.lastname@example.org anytime.
If your credit card used at the time of registration does not have enough funds for payment, the account will be canceled.
From the moment the user first uses the Mobitracker website, the user shall be liable for any losses incurred by Mobitracker, except in cases of willful misconduct or gross negligence.
If Mobitracker is unable to fulfill its obligations due to force majeure, it shall not be held responsible. If Mobitracker is unable to fulfill its obligations for reasons not attributable to its own fault, it shall have no obligation to fulfill such obligations. The account is not transferable according to law, legal act, or generally accepted practices.
In any event, force majeure shall be understood to mean, but not limited to, the relevant definitions in law and case law, (i) failure of the developer to perform its obligations properly, (ii) defects in equipment, software or materials from third parties, (iii) government measures, (iv) power failures, (v) failures of internet, data networks and telecommunications facilities (such as due to cybercrime and hacking attacks), (vi) natural disasters, (vii) wars and terrorist attacks, and (viii) other situations which Mobitracker deems to be beyond its control and temporarily or permanently prevent it from performing its obligations, Mobitracker is exempted from fulfilling its obligations.
If circumstances arise (further) preventing Mobitracker from fulfilling its commitments, Mobitracker is entitled to invoke force majeure.
Mobitracker only provides a Mobitracker website for user use, which does not affect arrangements and agreements between users and third parties. Users are responsible for providing correct and complete information to third parties. Any consequences arising from its inaccuracy and/or incompleteness shall be borne by the user and at their own risk.
Users are explicitly prohibited from infringing on Mobitracker's intellectual property and good reputation. All intellectual property and copyright related to Mobitracker website, including graphic designs, creative works, etc. are exclusively owned by Mobitracker and not explicitly transferred to users.
Users have non-exclusive rights to personal and private use of Mobitracker network.
Mobitracker network program is always Mobitracker's property. The software can only operate in conjunction with the agreements already signed by users and for the purpose of network services. Users are prohibited from modifying or deleting any instructions related to Mobitracker's intellectual property or any legal requirements of (trademark) logos or instructions that are unreadable on the Mobitracker website.
If a user is dissatisfied with the services provided through Mobitracker website, the user has an obligation to report such complaints as soon as possible but no later than 14 days after the relevant reason for the complaint arises, and Mobitracker will respond as soon as possible.
Users must fully substantiate and/or explain the complaint so that Mobitracker can handle the complaint and declare it reasonable.
Costs and risks arising from malfunctions and/or problems caused by improper use are borne by the user.