This document sets forth the terms on which Mob4Hire makes the Mob4Hire API (as defined below) available for use by approved licensees. By using the Mob4Hire API, you and the organization identified in your application for the Mob4Hire API (“you”) agree to be bound by the following terms of use (“API Terms of Use”).

The following terms apply to Mob4Hire API.

1. Mob4Hire API.

The Mob4Hire API is Mob4Hire’s service that allows preapproved licensees to send and retrieve certain data regarding SMS delivery (“Mob4Hire Data”).  The Mob4Hire API consists of an application program interface for retrieving various Mob4Hire Data. Mob4Hire may release subsequent versions of the Mob4HIre API and require you to obtain and use the most recent version. New versions may not be compatible with your previous implementation.

2. License to Mob4Hire API & Data.

If you are approved by Mob4Hire for use of the Mob4Hire API, and subject to these Terms of Use, you may access the Mob4Hire API and implement the API on your testing servers.  This license is subject to the following restrictions:

-          All calls to the Mob4Hire API must reference the SID issued to you as an approved licensee.

-          If you are using a general developer SID pursuant to Mob4Hire’s trial program, when notified by Mob4Hire you must request, obtain and utilize a unique SID.

-          You agree that you will use the Mob4Hire Data on “as is” terms.

-          You agree to keep the SID confidential, and not to share it with any third party. This license is personal to you, and any affiliates must seek and obtain their own license and SID.

-          You agree to keep confidential all identifying Data.  Please read carefully these Terms and our Privacy Policy, which may be found at http://www.mob4hire/privacy, and which is incorporated by reference into these Terms

-          You may not access the Mob4Hire Data in bulk.

-          Your license to Mob4Hire Data is limited to making direct server calls to Mob4Hire for the Mob4Hire Data.

-          You may not present the Mob4Hire Data (or permit the Mob4Hire Data to be presented) so that it appears to be available from a third party Web site.

-          You may not use the Mob4Hire Data for direct marketing (i.e., mailing) or telemarketing lists.

-          You further agree not to otherwise reproduce, modify, distribute, decompile, disassemble or reverse engineer any portion of the Mob4Hire API or any data provided by Mob4Hire.

-          You are limited to one thousand (1000) calls to the API per day. Mob4Hire may approve higher daily call limits.

 

3. Limited Relationship.

You and Mob4Hire are independent contractors, and nothing in these API Terms of Use shall be construed as creating an employer-employee relationship, a partnership, or a joint venture.

4. Indemnity.

You agree to hold harmless and indemnify Mob4Hire, and its subsidiaries, affiliates, officers, agents, employees, and suppliers, from and against any third party claim arising from or in any way related to your use of the Mob4Hire API or Mob4Hire Data,  violation of these API Terms of Use or other actions connected with use of Mob4Hire services, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature. In such a case, Mob4Hire will provide you with written notice of such claim, suit or action.

5. NO WARRANTY.

MOB4HIRE PROVIDES THE MOB4HIRE API AND MOB4HIRE DATA “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE,” AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MOB4HIRE AND ITS SUPPLIERS MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. MOB4HIRE AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (A) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (B) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (C) WARRANTIES OR CONDITIONS OF UNINTERRUPTED OR ERROR-FREE ACCESS OR USE.

6. LIABILITY LIMITATION; EXCLUSIVE REMEDY.

IN NO EVENT WILL MOB4HIRE OR ANY SUPPLIER BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THESE API TERMS OF USE OR YOUR USE OF MOB4HIRE API, OR MOB4HIRE DATA, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER THIS PARAGRAPH IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (A) BREACH OF CONTRACT, (B) BREACH OF WARRANTY, (C) NEGLIGENCE, OR (D) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU DO NOT AGREE WITH ANY PART OF THESE API TERMS OF USE, OR YOU HAVE ANY DISPUTE OR CLAIM AGAINST MOB4HIRE OR ITS SUPPLIERS WITH RESPECT TO THESE TERMS OF USE OR THE SERVICES, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE MOB4HRE API AND MOB4HIRE DATA.

7. Intellectual Property.

The Mob4Hire API and Mob4Hire Data are the property of Mob4Hire, and subject to the intellectual property rights of Mob4Hire.

8. Changes.

Mob4Hire reserves the right to change the API Terms of Use, and you are responsible for regularly reviewing these API Terms of Use. Your continued use of the Mob4Hire API and/or Mob4Hire Data after the effective date of such changes will constitute acceptance of and agreement to any such changes. Mob4Hire may suspend or discontinue the Services at any time to you and/or to others, without notice.

9. Termination.

Mob4Hire may change, suspend or discontinue the Mob4Hire API and suspend or terminate your use of the Mob4Hire API and Mob4Hire Data at any time for any reason, without notice. You may also terminate by ceasing to use the Mob4Hire API and Mob4Hire Data and deleting all copies of the Mob4Hire Data.

10. Choice of Law; Disputes.

These API Terms of Use are governed by the laws of the Province of Alberta, without giving effect to its conflict of laws provisions. You agree to submit to exclusive jurisdiction and venue in the provincial and federal courts sitting in Alberta, Canada, for any and all disputes, claims and actions arising from or in connection with the Services and/or these API Terms of Use. In any dispute arising under this Agreement, the prevailing party will be entitled to attorneys’ fees and expenses.

11. General.

You represent that you have the authority to bind the organization (if any) identified in your application for the Mob4Hire API. If any part of these API Terms of Use is determined to be invalid or unenforceable, then the invalid or unenforceable provision will be replaced with a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these API Terms of Use will continue in effect. The section titles in these API Terms of Use are solely used for the convenience of the parties and have no legal or contractual significance. Mob4Hire may assign these API Terms of Use, in whole or in part, at any time with or without notice to you. You may not transfer, assign, or delegate the API Terms of Use and your SID to any third party. Mob4Hire’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. Except as expressly stated herein, these API Terms of Use constitute the entire agreement between you and Mob4Hire with respect to the Services and supersede all prior or contemporaneous communications of any kind between you and Mob4Hire with respect to the Mob4Hire API and Mob4Hire Data.

Effective Date: July 2012