The company is registered as ThinkMobiles, Shandora Petefi sqr., 47/701, Uzhhorod, 88000, Ukraine (hereinafter – “ThinkMobiles”, “we” or “us”), operating under the brand ThinkMobiles, assisting buyers in identifying prospective service providers by creating reviews of such companies and their products under the current Terms and Conditions (“Terms”).
The “Website” - is the website https://thinkmobiles.com/, which belongs to and/or is administered by the ThinkMobiles or an authorized third party.
The “Account” is a user account accessible after the registration process and via the Services where the user may submit information and content.
"Third-Party Content" shall mean the content provided by third parties, including without limitation links to webpages of such parties, which may be represented on the Website.
The term “you”, “users”, “buyers” or “service provides” refers to users who visit the ThinkMobiles website (“Website”) and/or contribute content to ThinkMobiles via the Website, email, telephone, or otherwise.
ACCEPTANCE OF TERMS
By using our Website and/or Services including but not limited obtaining information from ThinkMobiles such as research publications, using the ThinkMobiles API or mobile application, contributing content to ThinkMobiles by any channel including by posting information on the website, responding to a survey, submitting an email, or participating in a telephone interview you, therefore, constitute that you have read, understood and accept the given Terms. If you do not agree with the provisions of the Terms, refrain from using the Website and/or Services.
ThinkMobiles grants you a non-exclusive, non-transferable and limited personal license to access and use the Website (the "License"). This License is conditional upon your full compliance with these Terms.
If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to the Terms. In that case, the terms “you” or “your” shall also refer to such entity, and its affiliates, as applicable. If you do not have such authority, or you do not accept all of these Terms, do not use the Services or provide information to ThinkMobiles.
CHANGES TO THE TERMS
We may without prior notice modify, change or discontinue all or any part of these Terms at any time and in our sole discretion. Any edition of the Terms made publicly available on the Website is actual and final. We will notify you only with the sufficient changes.
You shall check this Terms from time to time during your use of the Services. If you do not accept the modified version of Terms, you must stop using the Services.
We may terminate these Terms and your access to all or any part of the Services at any time and for any reason without prior notice or any liability for us.
The mission of ThinkMobiles is to connect buyers and sellers of business services. To achieve our mission, ThinkMobiles website assists buyers in identifying prospective service providers, including by providing reviews of such companies. We also assist service providers in marketing their companies and services. You acknowledge and agree that the all information made available via the Website is estimation only and may differ from information available via other sources outside of the Website.
We are not obligated to maintain or support any of the Services, to provide all or any specific content of the Services, or to provide you with updates, upgrades or services related thereto. You acknowledge that we may from time to time in our sole discretion make updates or upgrades to any of the Services, disable access for any period of time or permanently, and automatically update or upgrade the version of any of the Services that you are using. You consent to such automatic updating or upgrading and agree that these Terms will apply to all such updates or upgrades, unless such upgrade is accompanied by a separate license, in which case the terms of that license will govern.
To be able to use all the possibilities and functionality of our Services you shall undertake the registration process and create an Account. When you create an Account you oblige to:
YOU HEREBY UNDERSTAND AND ACKNOWLEDGE, THAT ANY MISTAKES ARE POSSIBLE; YOU INDEMNIFY AND HOLD US HARMLESS AGAINST ANY CLAIMS, DEMANDS AND DAMAGES, WHETHER DIRECT, INDIRECT, CONSEQUENTIAL OR SPECIAL, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE MISTAKES, WHETHER ORIGINATED FROM OUR FAULT OR NOT.
Prior to your use of the Services and on an ongoing basis you represent, warrant, covenant and agree that:
You further represent and warrant that you:
YOU INDEMNIFY AND HOLD US HARMLESS AGAINST ANY CLAIMS, DEMANDS AND DAMAGES, WHETHER DIRECT, INDIRECT, CONSEQUENTIAL OR SPECIAL, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA OR LOSS OF ASSETS, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ORIGINATED FROM OR IN ANY WAY CONNECTED WITH INVALIDITY OR BREACH OF ANY OF THE PROVISIONS OF THIS SECTION AND THE ENTIRE TERMS.
WARRANTIES & ACKNOWLEDGMENT
Customer warrants to:
Customer acknowledges that:
You further represent, agree and warrant, that you will not violate any law, contract, third-party right or commit a tort by accessing or using the Services, and that you are solely responsible for your actions and/or inactions while using our Services. Without prejudice to the foregoing, you represent, agree and warrant that YOU WILL NOT:
Your Responsibility For the Content You Submit
The Services may enable you to provide, submit, post, upload, or otherwise make available via the Website, email, telephone, online survey, or otherwise (collectively, “submit”) content such as reviews, comments, messages, and other content (collectively, “User Content”) that may or may not be viewable by other users.
You acknowledge and agree that you are solely responsible for all User Content you submit. Once User Content is submitted, it cannot be withdrawn. Any User Content you submit must be accurate and up to date. You agree that you have all required rights to submit, use, or disseminate such User Content without violating any third-party rights. You assume all risk for any User Content you submit, including anyone’s reliance upon such User Content. You may expose yourself to liability if you submit User Content that is false, misleading, defamatory, violates any third-party right or contractual restriction or contains unlawful material. You agree that you will indemnify, defend, and hold harmless ThinkMobiles for all claims resulting from User Content that you submit, including but not limited to claims alleging defamation. We reserve the right, at our own expense, to assume the exclusive defense and control of such disputes, and in any event, you will cooperate with us in asserting any available defenses.
You further acknowledge and agree that we reserve the right, in our sole discretion, to reject, move, edit, or remove any User Content that is contributed to the Services for any reason or no reason, but we do not assume the obligation. For example, we may remove a review if we, in our sole discretion ThinkMobiles has no obligation to retain or provide you copies of the User Content.
Your Risk in Using User Content
You acknowledge and agree that we do not verify, adopt, ratify, or sanction User Content and that you must evaluate and bear all risks associated with your use of or reliance on User Content. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise and any ranking on the Services does not constitute or imply endorsement or recommendation thereof by ThinkMobiles. User Content and rankings consist of the opinions of third-parties and may contain inaccuracies. ThinkMobiles makes no assurances regarding the quality, accuracy, or reliability of any User Content or rankings on the Services. You also understand that by using the Services, you may be exposed to User Content that you may consider offensive or objectionable.
From time to time, ThinkMobiles may provide incentives to encourage users to submit reviews. Any such incentives are not dependent on whether the review is positive or negative.
ThinkMobiles is under no obligation to enforce the Terms on your behalf. You may notify ThinkMobiles if you believe another user has violated the Terms; however, ThinkMobiles reserves the right, in its sole discretion to investigate violations of and enforce the Terms.
ThinkMobiles License to User Content
When you submit User Content on or through your use of the Services, you grant us a worldwide, perpetual, irrevocable, royalty-free, non-exclusive, transferable and sub-licensable license, subject to these Terms, to use the User Content for any purpose, including to use, publish, reformat, copy, distribute, reproduce, modify, edit, adapt, publicly perform, translate, and create derivative works from such User Content, in whole or in part, in any format or medium now known or developed in the future, including without limitation for providing, promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels, without any further consent, notice and/or compensation to you or to any third-parties.
ThinkMobiles and its licensees may publicly display advertisements and other information adjacent to or included with User Content. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.
Any and all of your feedback about the Services, such as suggestions for corrections, updates, alterations, changes, or modifications to the Services will be the property of ThinkMobiles and you hereby assign any rights in such feedback to ThinkMobiles, without payment to you.
THIRD-PARTY CONTENT AND SERVICES
For the purposes hereof at the same time "Third-party service" refers to any platform or network which is maintained by a third party outside of the Services, including, but not limited to third-party accounts.
No control over third-party services. You may be charged fees by the third-party service provider. ThinkMobiles is not responsible for any third-party services' fees. You are solely responsible for your use of the third-party service, and you agree to comply with all terms and conditions applicable to any third-party service.
While using our Website, you may view Third-Party Content. We do not control, endorse or adopt (unless otherwise expressly stated by us) any Third-Party Content and shall have no responsibility for Third-Party Content, including without limitation material that may be misleading, incomplete, erroneous, offensive, indecent or otherwise objectionable. In addition, your business dealings or correspondence with such third parties are solely between you and the third parties. We are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings, and you understand that your use of Third-Party Content, and your interactions with third parties, is at your own risk.
All our intellectual property assets ("IP") including but not limited to all copyrights, trademarks, patents, service marks, trade names, software code, icons, logos, characters, layouts, trade secrets, buttons, colour scheme, and graphics are protected by local and international intellectual property laws and treaties.
We hereby grant you a limited, nonexclusive and non-sublicensable license to access and use our IP for your personal use only.
In any case, you may not alter, modify, reproduce, distribute or commercially exploit any materials, including text, graphics, video, audio, software code, user interface design or logos.
The license granted under this Section will automatically terminate if we suspend or terminate your access to the Services.
In case you upload or share any feedback, suggestion, idea or other information or material ("Content") with us you automatically grant us a worldwide license to use your content. It becomes part of the public domain as long as it remains on our Website. It can be used for marketing or any other purposes at our sole discretion.
ThinkMobiles respects the intellectual property rights of others and expects users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that User Content has been copied in a way that constitutes copyright infringement, please provide our copyright agent with the following information in accordance with the Digital Millennium Copyright Act: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Our designated copyright agent for notice of alleged copyright infringement or other legal notices regarding User Content appearing on the Service is:
Shandora Petefi sqr., 47/701,
Uzhhorod, 88000, Ukraine
Email: [email protected]
Please note that we will send a copy of your notice to the person who provided the allegedly illegal content and a link to your published notice may be displayed on ThinkMobiles in place of the removed content.
We reserve the right to remove User Content alleged to be infringing or otherwise illegal without prior notice and at our sole discretion. In appropriate circumstances, we will also terminate a user's account if the user is determined to be a repeat infringer.
SPONSORSHIPS & INCENTIVIZED REVIEWS
Sponsorships allow companies to further promote their profile on ThinkMobiles by becoming a sponsor. When users visit a profile page, the default sort is to place sponsors, which are designated with a sponsor flag, first in the list. Companies may be required to meet certain requirements, depending on the sponsorship they wish to purchase. Sponsorship does not affect a company’s ranking on ThinkMobiles or position on the leaders matrix nor does Sponsorship guarantee any amount of traffic, business, sales, leads or otherwise. Sponsorship affects where a sponsor appears in a list of companies and receipt of ThinkMobiles support services.
If you purchase a Sponsorship or any other services that we offer for a fee, either on a one-time or subscription basis, you agree to pay the applicable fees as set forth at the time of purchase as they become due plus all related taxes, and to reimburse us for all collection costs and interest for any overdue amounts. By purchasing a subscription Sponsorship or another subscription, you are expressly agreeing that we or any payment agents of ours are authorized to charge you a recurring subscription fee on a monthly basis as set forth in the Invoice, and any other charges you may incur in connection with your use of the Services, including any applicable taxes, to the payment method you provided. The subscription fee will be billed at the beginning of your subscription and each month thereafter unless and until you cancel your subscription or your payment method fails or expires.
Your obligation to pay fees continues until you cancel your subscription or the end of the subscription period. All applicable taxes are calculated based on the billing information you provide us at the time of purchase. You may cancel or suspend your Sponsorship at any time by contacting us on [email protected]
ThinkMobiles reserves the right to restrict, suspend, or terminate your access to the Services or subscription at any time without prior notification or liability, with or without cause including (without limitation) due to: (1) your breach of the Terms; or (2) failure to pay applicable fees.
You agree and consent to receive electronically all Communications that ThinkMobiles may be willing to communicate to you in connection with your ThinkMobiles Account and/or use of our Services. For the purposes hereof “Communications” shall mean all and any communication, agreement, document, receipt, notice, and disclosure, which may be from time to time addressed to User by ThinkMobiles. You may withdraw your consent to receive electronic Communications by sending a withdrawal notice to support. If this is the case, you waive your right to plead ignorance. If you decline or withdraw consent to receive electronic Communications, ThinkMobiles may suspend or terminate your use of the Website.
APPLICABLE LAW AND JURISDICTION
You and ThinkMobiles agree to notify each other in writing of any dispute within thirty (30) days of when it arises. Notice to ThinkMobiles shall be sent by email.
Any dispute, controversy, difference or claim arising out of or relating to the Terms, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to it shall be governed by these Terms and the laws of Ukraine, without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction.
The exclusive means of resolving any dispute or claim arising out of or relating to these Terms and the Services (including any alleged breach thereof), any litigation against the Company may be commenced only in the courts located in Ukraine. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
Whether the dispute is heard in arbitration or in court, you will not commence against ThinkMobiles a class action, class arbitration or representative action or proceeding.
DISCLAIMERS & LIMITATION OF LIABILITY
Except as expressly provided to the contrary in a writing by us, our services are provided on an "As is" and "As available" basis. WE EXPRESSLY DISCLAIM, AND YOU WAIVE, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO OUR SERVICES, INCLUDING THE INFORMATION, CONTENT AND MATERIALS CONTAINED THEREIN.
Except as otherwise required by law, IN NO EVENT SHALL THINKMOBILES, OUR DIRECTORS, OFFICERS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL OR SPECIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE OUR SERVICES, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY ANY USER ON ANY INFORMATION OBTAINED FROM THINKMOBILES, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM A FORCE MAJEURE EVENT, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO THINKMOBILES'S RECORDS, PROGRAMS OR SERVICES.
To the maximum extent permitted by applicable law, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THINKMOBILES (INCLUDING OUR DIRECTORS, OFFICERS, MEMBERS, EMPLOYEES AND AGENTS), WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THINKMOBILES OR TO THESE TERMS EXCEED THE FEES PAID BY YOU TO THINKMOBILES WITHIN 3 MONTHS IMMEDIATELY PRECEDING THE DATE OF ANY CLAIM GIVING RISE TO SUCH LIABILITY.
THINKMOBILES DOES NOT GUARANTEE THAT THE SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS IN FUNCTIONING. IN PARTICULAR, THE OPERATION OF THE SERVICES MAY BE INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR SYSTEM OR NETWORK FAILURES. THINKMOBILES DISCLAIMS ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN FUNCTIONING. FURTHERMORE, THINKMOBILES DISCLAIMS ALL LIABILITY FOR ANY MALFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE SERVICES DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, TO THE SATURATION OF THE INTERNET NETWORK, AND FOR ANY OTHER REASON.
IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SERVICES, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You agree to indemnify, defend, and hold ThinkMobiles harmless from and against any and all third-party claims, liabilities, demands, settlements, damages, losses, and expenses of any kind (including, but not limited to, reasonable attorneys’ fees and costs) arising out or relating in any way to (1) your failure to comply with these Terms, including, without limitation, your submission of User Content or (2) your use of the Services or any activity in which you engage on or through ThinkMobiles.
We reserve the right to terminate these Terms and delete your Account and registration (including your username and password) for the following reasons:
We reserve the right to change, suspend or discontinue all or any aspect of the Services at any time without prior notification. The termination does not affect any previous transactions, rights or obligations accrued prior to the notice of termination.
These Terms contain the entire agreement and supersede all prior and contemporaneous understandings between the parties regarding the Services. In the event of any conflict between these Terms and any other agreement you may have with ThinkMobiles, the terms of that other agreement will prevail only if these Terms are specifically identified and declared to be overridden by such other agreement.
Nothing in these Terms shall be construed to create a partnership, fiduciary, joint venture or agency relationship between you and us.
Our failure or delay in exercising any right, power or privilege under these Terms shall not operate as a waiver thereof.
The invalidity or unenforceability of any of these Terms shall not affect the validity or enforceability of any other of these Terms, all of which shall remain in full force and effect.
Notwithstanding anything to the contrary contained herein, in no event shall the maximum aggregate liability of ThinkMobiles arising out of or in any way related to these Terms, the access to and use of the Services, content, or any products or services exceed $100.
You may not assign or transfer any of your rights or obligations under these Terms without prior written consent from ThinkMobiles, including by operation of law or in connection with any change of control. ThinkMobiles may assign or transfer any or all of its rights under these Terms, in whole or in part, without obtaining your consent or approval.
No waiver of any breach of any provision of these Terms shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provisions, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
In case of any questions arising in connection to these Terms, feel free to contact us at [email protected].