En1gma MOBILE TERMS AND CONDITIONS OF SERVICE:
Please read these terms and conditions of service carefully before you use or launch mobile applications provided by En1gma on your wireless device. Your use of En1gma's LOCATE service indicates that you accept these terms and conditions. If you do not accept these terms and conditions, do not launch or otherwise use the En1gma's LOCATE application.
terms and conditions of service represent the agreement (“Agreement”) between
you and En1gma Limited (“En1gma”) with respect to the LOCATE service (the
“En1gma LOCATE Service” or “Service”).
All references herein to “you” and “your” means you, your employees, agents, and contractors, and any other entity on whose behalf you accept these terms and conditions, all of whom shall also be bound by this Agreement.
En1gma may revise these terms and conditions at any time, with or without notice to you. You should visit www.En1gmaEngine.mobi or www.En1gmaEngine.com from time to time to review the then current terms and conditions for the En1gma LOCATE Service.
THE En1gma LOCATE SERVICE:
En1gma provides mobile marketing solutions for well-known brands and enterprises. The En1gma LOCATE Service enables a brand or enterprise to interact with you by delivering content, information, promotional offerings, coupons, etc. to your mobile device based on your location. The service utilizes multiple mobile data communication modes, including text messaging, mobile web, and downloadable applications. There are monthly fees associated with the use of this service, and the monthly fees also extends to text messaging and data charges (billed by your carrier) may also apply. A complete description of the En1gma LOCATE Service is available from the appropriate link on En1gma's Mobile website, located at www.En1gmaEngine.mobi.
The En1gma Service may use data licensed to or provided to En1gma by En1gma’s brand or enterprise customers or other third parties. This data is used for the benefit of you and to improve the overall usage experience. Any additional terms and conditions required by En1gma’s brand or enterprise customers or other third parties will be referred to in the set-up process presented on the mobile phone upon activation this Service.
YOUR LOCATION AND OTHER PERSONAL INFORMATION:
En1gma’s service does not use GPS from your device to determine your location. Other available receptors, including Cell tower data is used to determine location. This information is used to provide you with a better user experience and deliver content and information that is relevant to you based on your geographic location. You must provide consent upon the initial sign-up to the service to allow the En1gmaEngine to use your location.
Additionally, the En1gma Service may collect Personally Identifiable Information (“PII”). PII is information that can be directly associated with a specific person or entity, and may include your mobile phone number and email address. The En1gma Service may also collect information about your wireless device type, the name of your wireless carrier, the types of interactions and transactions you invoke in response to the En1gma Service, and your preferences. This is Non-Personally Identifiable Information (“Non-PII”) and this is used to improve the Service to deliver more relevant content and marketing messages, as well as to measure the effectiveness of information, content, and promotional offers.
SAFE AND LAWFUL USE OF THE En1gma SERVICE:
agree to comply with the following when using the En1gma Service:
• Do not use the En1gma Service for any illegal, unauthorized, unintended, unsafe, hazardous, or unlawful purposes, or in any manner inconsistent with this Agreement.
• Do not use the En1gma Service while operating a motor vehicle.
You are responsible for any fees assessed by your wireless telephone carrier to access the En1gma Service, including any data plan charges, text messaging charges for initiating the service, tolls, out-of-area roaming, or other telephone connection charges.
En1gma reserves the right to terminate your access to the En1gma Service at any time for any or no reason and without notice to you.
You may terminate the En1gma Service at any time by notifying En1gma via (i) an email addressed to Stop@En1gmaEngine.mobi, (ii) a letter addressed to En1gma Limited, 150a Holland St, Denton, Manchester, UK, M34 3GG or (iii) text LOCATE STOP to 60300.
Any such cancellation by you shall become effective when processed by En1gma.
Upon any termination of your En1gma Service, En1gma shall have no liability to you or any further obligations under this Agreement.
En1gma LOCATE service LICENSE:
Subject to your compliance with the terms of this Agreement, En1gma hereby grants to you a personal, non-exclusive, non-transferable, limited license to: (i) download or otherwise copy the En1gma service, onto your wireless device.
This license shall terminate upon any termination of this Agreement, or upon any suspension, termination or cancellation of your access to the En1gma Service.
Except for the limited license expressly granted herein, En1gma and its licensors shall own all right, title and interest in and to the En1gma Service and the data provided with the Service, including without limitation all intellectual property rights therein.
agree not to do any of the following:
• Reverse engineer, decompile, disassemble, translate, modify, alter or otherwise change the En1gma Service, or any part thereof.
• Attempt to derive the source code, library or structure of the En1gmaEngine without the prior express written consent of En1gma
• Remove from the En1gma, or alter, any of En1gma’s or its suppliers’ trademarks, trade names, logos, patent or copyright notices, or other notices or markings.
• Distribute, sublicense or otherwise transfer the En1gma Service to others.
• Use the En1gma Service while driving vehicle.
To the fullest extent permissible pursuant to applicable law, in no event will En1gma, its licensors and suppliers, or agents or employees of any of the foregoing, be liable for any decision made or action taken by you or anyone else in reliance on the information provided by the En1gma Service or products. You are responsible for the entire risk arising out of your use of the En1gma Service and the En1gma products.
The En1gma Service and the En1gma products are provided “as is” and without warranties of any kind either express or implied. En1gma disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, non-infringement and fitness for a particular purpose.
Applicable law may not allow certain warranty exclusions, so one or more of the above disclaimers may not apply to you.
You understand and agree that the En1gma Service is usable on your wireless device at your own discretion and risk and that you will be solely responsible for any damages to your wireless device, or loss of data, that results from the use or operation of such software.
En1gma does not warrant that the En1gma Service or other products will not infringe on third party intellectual property rights.
En1gma also does not warrant that your use of the En1gma Service will be uninterrupted or error-free. Rather, temporary interruptions of the En1gma Service may occur from time to time (such as when you drive into an area that has no cell phone coverage or when the En1gma Service or your carrier’s network is undergoing maintenance). En1gma will exercise reasonable efforts to attempt to limit or prevent such occurrences, but in no event will En1gma be liable for any financial or other damages due to such interruptions.
En1gma also does not warrant the accuracy of maps, location, or other data used for the En1gma Service. En1gma has technological and operational security policies and procedures to protect your information from loss, misuse, alteration, or unintentional destruction, but En1gma makes no representations or warranties regarding the security of the En1gma Service or the transmission of data or information to and from En1gma and your wireless device. En1gma will not be liable to you or anyone else in the event of any unauthorized infiltration of any of its systems.
LIMITATION OF LIABILITY:
To the extent permitted under applicable law, under no circumstances shall En1gma or its licensors (or their licensors and suppliers) be liable to you or anyone else for any loss, injury, or damages (including but not limited to any compensatory, punitive, special, incidental, indirect, exemplary or consequential damages) arising out of or in connection with the use by you or anyone else of the En1gma Service or the En1gma products, any defects in the En1gma Service or the En1gma Products, or any breach of this Agreement, even if En1gma or its licensors have been advised of the possibility of such damages.
Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above exclusion may not apply to you.
To the extent permitted by applicable law, you agree to indemnify, defend and hold En1gma and its licensors (including their respective licensors, suppliers, assignees, subsidiaries, affiliated companies, and the respective officers, directors, employees, shareholders, agents and representatives of each of them) free and harmless from and against any liability, loss, injury (including injuries resulting in death), demand, action, cost, expense, or claim of any kind or character, including but not limited to attorney’s fees, arising out of or in connection with your use of the En1gma Service or products.
ARBITRATION AND GOVERNING LAW:
You agree that any dispute, claim or controversy arising out of or relating to this Agreement, the En1gma Service, or the En1gma products, shall be settled by independent arbitration involving a neutral arbitrator and administered by the International Chamber of Commerce UK. The arbitrator shall apply the Commercial Arbitration Rules, and the judgment upon the award rendered by the arbitrator may be entered by any court having jurisdiction. Note that there is no judge or jury in an arbitration proceeding and the decision of the arbitrator shall be binding upon both parties.
This Agreement and performance hereunder will be governed by and construed in accordance with the laws of the United Kingdom, this is good without giving effect to its conflict of laws provisions. You agree to submit to the exclusive jurisdiction of the courts of the United Kingdom.
This Agreement constitutes the entire agreement between En1gma and you with respect to the subject matter hereof.
En1gma’s or your failure to require performance of any provision shall not affect that party’s right to require performance at any time thereafter, nor shall a waiver of any breach or default of this Agreement constitute a waiver of any subsequent breach or default or a waiver of the provision itself.
If any provision herein is held unenforceable, then such provision will be modified to reflect the intention of the parties, and the remaining provisions of this Agreement will remain in full force and effect.
You may not resell, assign, or transfer any of your rights hereunder. Any such attempt may result in termination of this Agreement, without liability to En1gma. Notwithstanding the foregoing, En1gma may assign this Agreement to any affiliate or successor company at any time without notice.
By using the En1gma Service, you consent to receive from En1gma all communications, including notices, agreements, legally required disclosures or other information in connection with the En1gma Service (collectively, “Notices”) electronically. En1gma may provide such Notices by posting them on En1gma’s website or by downloading such Notices to your wireless device. If you desire to withdraw your consent to receive Notices electronically, you must discontinue your use of the En1gma Service.
If you have any questions regarding the terms of this Agreement, please contact En1gma by sending an email to Mark@En1gmaEngine.mobi or by writing to En1gma Customer Service; 150a Holland St, Denton, Manchester, UK, M34 3GG