Terms of Service

Terms

TERMS AND CONDITIONS

The service is operated by Mobimilia B.V.

Please read these Terms and Conditions ("Terms") carefully before using the service (the "Service") operated by Mobimilia B.V. ("us", "we", or "our"). Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the Terms, you may not access the Service.

CONTACT INFORMATION

If you have any questions about these Terms, please contact us:

By Email: help@mobiovr-kw.com

Company Information: Mobimilia B.V., Van Diemenstraat 356 1013 CR Amsterdam The Netherlands

1. ELIGIBILITY AND ACCEPTANCE

In order to use the Service you must:

a) Have reached the minimum age required under the rules and regulations of your country of residence (typically 18 years or older);

b) If you are under the legal age of majority in your jurisdiction, have your parent or guardian's permission to use the Service, with them agreeing to be bound by these Terms on your behalf;

c) Agree to be bound by these Terms and our Privacy Policy.

By subscribing to or using the Service, you represent and warrant that you meet these eligibility requirements.

2. SERVICE DESCRIPTION

The Service provides access to the digital content and features made available by Mobimilia B.V. from time to time (the "Content"), through our website at mobiovr-kw.com and/or our mobile application(s), on certain Internet-connected devices, including but not limited to mobile phones, PCs, and tablets (each a "Device"). "Services" means the services provided to you for discovering, accessing, and using the Content, including all associated features, functionality, recommendations, and software made available through this Service.

3. SUBSCRIPTION AND FEES

3.1 Subscription Plans

The Service operates on a subscription basis. By subscribing, you agree to pay the fees for the plan you select.

3.2 Recurring Payments

Unless otherwise stated, subscriptions automatically renew at the end of each billing cycle. You will be charged the then-current fee for your plan unless you cancel before the renewal date.

3.3 Payment Methods

Payment may be processed through mobile operator billing (carrier billing), credit or debit card, or other payment methods made available for this Service. By providing payment information, you authorise us (or our payment processors) to charge the applicable fees to your chosen payment method.

3.4 Price Changes

We may change subscription fees at any time. We will provide reasonable advance notice of any price change. If you do not agree to a price change, you may cancel your subscription before it takes effect.

3.5 Confirmation Messages

When you subscribe, you may receive a welcome or confirmation message by SMS, email, or other means, confirming your subscription and billing details.

3.6 No Retention of Payment Information

We do not collect or store your full card or account details. Payments are handled by PCI-compliant third-party payment providers. If you subscribed through a mobile operator, we do not have direct access to that account; if a refund is approved, you may need to provide alternate payment details to receive it.

4. CANCELLATION AND REFUNDS

4.1 How to Cancel

You may cancel your subscription at any time using any of the following methods:

  • If you subscribed via your Mobile Phone Carrier, follow the unsubscribe instructions provided in your welcome or confirmation message (for example, replying STOP to the SMS you received), or manage your subscription through your Mobile Phone Carrier’s account portal.
  • Emailing help@mobiovr-kw.com

4.2 Effect of Cancellation

  • You will continue to have access to the Service until the end of your current billing period.
  • You will not be charged for subsequent billing periods.
  • No refunds will be provided for the remaining days in your current billing period, unless otherwise required by law.

4.3 Refund Policy

Subscription fees are generally non-refundable, except where required by applicable consumer protection law, in cases of billing errors or unauthorised charges, or at our discretion in exceptional circumstances.

If a refund is approved, it will typically be processed within 7-10 business days.

5. ACCOUNT RESPONSIBILITIES

5.1 Account Security

You are responsible for maintaining the confidentiality of your account credentials, for all activity under your account, and for notifying us immediately of any unauthorised use.

5.2 Accurate Information

You agree to provide accurate, current, and complete information when subscribing, and to keep it up to date.

6. ACCEPTABLE USE

6.1 Permitted Use

You may use the Service only for lawful purposes and in accordance with these Terms, for personal, non-commercial use.

6.2 Prohibited Activities

You agree not to: (i) use the Service in a way that violates any applicable law or regulation; (ii) reproduce, distribute, modify, or create derivative works from Service content without authorisation; (iii) attempt to circumvent any content protection or access control mechanism; (iv) transmit malware, viruses, or other harmful code; (v) interfere with or disrupt the Service, or the servers or networks connected to it; (vi) attempt to gain unauthorised access to any part of the Service; (vii) share your account credentials or allow others to use your account; (viii) use bots, scrapers, or other automated means to access the Service; (ix) reverse engineer, decompile, or disassemble any part of the Service; (x) remove any copyright, trademark, or proprietary notice from the Service; (xi) use the Service for commercial purposes without our express written consent; (xii) harass, abuse, or harm other users; (xiii) impersonate any person or entity, or misrepresent your affiliation with one.

6.3 Regional Availability

Where the Service, its content, or its pricing varies by location, using tools such as a VPN to misrepresent your location may result in incorrect pricing, restricted features, or suspension. You are responsible for ensuring your use of such tools does not breach this section.

6.4 Enforcement

We may investigate and take appropriate action against anyone who violates these Terms, including suspending or terminating accounts without refund.

7. CONTENT AND INTELLECTUAL PROPERTY

7.1 Ownership

The Service and all content, features, and functionality are owned by us, our licensors, or other content providers, and are protected by copyright, trademark, and other intellectual property laws.

7.2 Limited Licence

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Service for personal, non-commercial use.

7.3 User-Generated Content

If you submit, upload, or post content to the Service, you retain ownership of it, but grant us a worldwide, non-exclusive, royalty-free licence to use, reproduce, modify, and display it in connection with operating the Service. You represent that you hold the necessary rights to grant this licence and that your content does not violate any law or third-party right.

7.4 Feedback

If you provide feedback or suggestions about the Service, you grant us a perpetual, royalty-free, worldwide licence to use it for any purpose.

8. DISCLAIMERS

8.1 Service Availability

We aim to provide uninterrupted access to the Service but do not guarantee it will always be available or error-free. The Service is provided on an "AS IS" and "AS AVAILABLE" basis, without warranties of any kind, express or implied.

8.2 Content Disclaimer

We do not warrant that the Service will meet your specific requirements, that its content will always be accurate, complete, or current, or that all errors will be corrected.

9. LIMITATION OF LIABILITY

To the maximum extent permitted by applicable law:

9.1 Limitation of Damages

We shall not be liable for indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, use, or goodwill, arising from your access to or use of the Service, third-party conduct or content on the Service, or unauthorised access to your account or content.

9.2 Liability Cap

Our total liability to you for all claims arising from or related to the Service shall not exceed the amount you paid us in the twelve (12) months preceding the claim, or a fixed amount in local currency, such as the equivalent of USD $1,000.

9.3 Exceptions

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities. In those jurisdictions, our liability is limited to the maximum extent the law allows.

10. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Mobimilia B.V., its officers, directors, employees, agents, and affiliates from any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising from your access to or use of the Service, your violation of these Terms or of any third party's rights, or your content.

11. TERMINATION

11.1 Termination by You

You may terminate your subscription at any time by following the cancellation procedure in Section 4.

11.2 Termination by Us

We may suspend or terminate your access to the Service immediately, without prior notice or liability, including if you breach these Terms. Provisions that by their nature should survive termination will continue to apply.

12. MODIFICATIONS TO SERVICE AND TERMS

12.1 Service Modifications

We may modify, suspend, or discontinue the Service, or any part of it, at any time. We will attempt to give reasonable notice of significant changes but are not obligated to do so.

12.2 Terms Modifications

We may revise these Terms from time to time. The current version will always be posted with its "Last Updated" date. Continuing to use the Service after revisions take effect means you agree to the revised Terms.

13. THIRD-PARTY SERVICES AND MONITORING

13.1 Third-Party Services

The Service may incorporate or link to third-party services, such as sign-in, payment, or social-sharing integrations. Your use of those services is governed by their own terms, and we are not responsible for their performance or content.

13.2 Monitoring and Legal Compliance

To the extent permitted by applicable law, we may monitor use of the Service and disclose relevant information to law enforcement or regulators where we believe in good faith this is necessary to comply with the law or protect our rights, users, or the public.

14. GOVERNING LAW AND DISPUTE RESOLUTION

14.1 Governing Law

These Terms are governed by the laws of the jurisdiction in which Mobimilia B.V. is registered, without regard to conflict of law principles.

14.2 Jurisdiction

Any dispute arising from or relating to these Terms or the Service is subject to the exclusive jurisdiction of the competent courts of that same country.

14.3 Dispute Resolution

Before filing any formal legal action, you agree to first contact us to attempt to resolve the dispute informally by writing to help@mobiovr-kw.com describing the dispute and your proposed resolution.

15. MISCELLANEOUS

15.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding the Service and supersede all prior agreements.

15.2 Waiver

Our failure to enforce any right or provision of these Terms will not be treated as a waiver of that right or provision.

15.3 Severability

If any provision of these Terms is held invalid or unenforceable, the remaining provisions remain in full force and effect.

15.4 Assignment

You may not assign or transfer these Terms or your rights under them without our prior written consent. We may assign these Terms without restriction.

15.5 No Third-Party Beneficiaries

These Terms do not confer any rights or remedies on anyone other than you and us.

15.6 Language

These Terms may be translated into other languages. In case of any inconsistency, the English version shall prevail.

15.7 Force Majeure

We are not liable for delays or failures in performance caused by circumstances beyond our reasonable control, including natural disasters, acts of war, labour disputes, or governmental action.

15.8 Subcontracting

We may subcontract or delegate our obligations under these Terms, but remain responsible for their performance.

16. PRIVACY POLICY

Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference.

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