Introduction
Welcome to MobilizeHub, Inc. (“Company,” “we,” “our,” “us”)! These Terms of Service (“Terms,” “Terms of Service”) govern your use of our web pages, application and organizing services (“Services”), located at https://mobilizehub.com and operated by the Company. Our privacy policy also governs your use of our Services and explains how we collect, safeguard and disclose information that results from your use of our web pages (“Privacy Policy”). Please read it here: https://mobilizehub.com/privacy. Your agreement with us includes these Terms and our Privacy Policy (“Agreements”). You acknowledge that you have read and understood the Agreements, and agree to be bound by them. If you do not agree with (or cannot comply with) the Agreements, then you may not use the Services, but please let us know by emailing us at support@mobilizehub.com so we can try to find a solution. These Agreements apply to all website visitors, users and others who wish to access or use our Services. MobilizeHub is based in New Zealand.Access to Services and Communications
You may access our Services by creating an account (“Account”). We may also provide you with access to use our free services at any time. We will provide you with access to use the Services as described in these Terms and the applicable Checkout. You must ensure that all access, use and receipt by you is subject to and in compliance with these Terms. You must be 18 years of age or older to use the Services. By creating an Account on our Services, you may subscribe to newsletters, marketing or promotional materials and other information we may send. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link provided in the communications or by emailing at support@mobilizehub.com.Purchases
If you wish to purchase any product or service made available through our Services (“Purchase”), you may be asked to supply certain information relevant to your Purchase. If you are paying by credit card, you authorize us to use a third-party to charge your Purchase payment for all fees payable during the Billing Cycle and you authorize us to use a third-party to process payments and consent to the disclosure of your payment information to such third-party, including, without limitation, your credit card number, the expiration date of your credit card, and your billing address. You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to our authorized third-party is true, correct and complete. We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or Service availability, errors in the description or price of the product or Service, error in your order or other reasons. We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected. All payment obligations are non-cancelable and all amounts paid are non-refundable, except as specifically provided in these Terms. All fees are exclusive of taxes. You agree to pay any taxes applicable to your use of the Services. You will have no liability for any taxes based upon our gross revenues or net income.Subscriptions and Cancellation
Some of our Services are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”) and you will prepay fees for such a Billing Cycle pursuant to an order form hosted by an authorized third-party on our behalf (“Order Form”). Billing Cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription, and they will be specified on your Order Form. At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or the Company cancels it. If you do not wish to renew your Subscription, you must give notice of non-renewal at least 30 days prior to the end of the current term. You may cancel your Subscription renewal either through your online account management page or by contacting the Company’s customer support team. You may choose to cancel your Subscription early at your convenience, however, we will not provide any refunds of prepaid or unused portion of the Services, and you will pay all unpaid fees due through the end of the applicable Subscription term. A valid payment method, including credit card, is required to process the payment for your Subscription. You shall provide the Company with accurate and complete billing information, including full name, address, state, zip code, telephone number, and valid payment method information. By submitting such payment information, you automatically authorize the Company to charge all Subscription fees incurred through your Account to any such payment instruments. Should automatic billing fail to occur for any reason, the Company will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice. All subscription are charged in United States dollars (USD) by our payment processor, Stripe, Inc. (“Stripe”). You can find Stripe’s terms of service here: https://stripe.com/legal.Fee Changes
The Company, in its sole discretion and at any time, may modify Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle. The Company will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective. Your continued use of our Services after a Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.Your Data
You own and retain all rights to your data. You grant permission to us and our licensors to use your data only as necessary to provide the Services to you and as otherwise permitted by these Terms. We may collect information and data about you and your users when you interact with our Services as permitted by these Terms. We may use your data in an anonymized or aggregated manner for machine learning to support and improve certain product features and functionality within the Services. By using our Services, you also agree that your data may be processed in accordance with our Data Processing Agreement, which is hereby incorporated by reference.Content
Our Services allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, photos, works of authorship, creative works or other material (“Content”). You are responsible for Content that you post on or through our Services, including its legality, reliability, and appropriateness. By posting Content on or through our Services, you represent and warrant that: (i) Content is yours (you own it or license it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, without any obligation for us to obtain consent of any third-party and without creating any other obligation or liability for us, (ii) the Content is accurate and that the posting of your Content on or through our Services does not and will not violate the privacy rights, publicity rights, intellectual property right, contract rights or any other rights of any person or entity, and (iii) your use of our Services complies with all and does not violate these Terms or any applicable laws, rule of regulations, and will not cause injury or harm to any person. We reserve the right to terminate the Account of any user found to be in breach of the foregoing representations.a. License Grant of User Content to Company
You retain any and all of your rights to any Content you submit, post or display on or through our Services and you are responsible for protecting those rights. We take no responsibility and assume no liability for the quality, safety, legality, truthfulness, or accuracy of any Content you or any third-party posts or transmits on or through our Services. By posting Content using our Services you agree that the license includes the right to copy, analyze and use any of your Content as the Company may deem necessary or desirable for purposes of debugging, testing, fraud, security or providing support or development services in connection with the Service and future improvements to the Services. The Company has the right but not the obligation to monitor and edit any and all Content provided by users. In addition, Content found on or through our Services or Content that is provided to you in connection with the Services, including, but not limited to Content we create or license from third parties (“Company Content”), are the property of the Company or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use Company Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.b. Infringement Notifications/DMCA Policy
We respect the intellectual property rights of others and ask our users to do the same. If you believe that your intellectual property rights have been infringed through user Content, please submit a complaint through the procedures described in the DMCA Policy.Acceptable Use Policy
This acceptable use policy set forth below (“Acceptable Use Policy”) applies to the use of any product, service or website provided by us, including the Services. By using our Services, you agree that you will comply with this Acceptable Use Policy.a. Prohibited Actions
You may not use our Services in any way (directly or indirectly) to send, transmit, handle, distribute or deliver spam or unsolicited bulk emails in violation of the CAN-SPAM Act, the Canada’s Anti-Spam Legislation, GDPR (all as defined below) or any other applicable law or regulation. You agree that you will only send targeted, permission-based messages (including emails, text messages and other notifications) using our Service. Purchased lists may not be used with the Services, regardless of the source or permission status. All recipients must have registered with your organizing campaign, have otherwise explicitly engaged with your organizing efforts, signed up for your notifications list, or engaged in an advocacy relationship with you. The recipients must have explicitly provided their email address for such purpose. You agree to use our Service only in compliance with these Terms and all applicable laws, including but not limited to the New Zealand Privacy Act 2020, the Unsolicited Electronic Messages Act 2007, the European Union’s General Data Protection Regulation 2016/679 (“GDPR”), the CAN-SPAM Act of 2003 (for communications to US recipients), Canada’s Anti-Spam Legislation (for communications to Canadian recipients), and such other policies and laws related to unsolicited emails, spamming, privacy, obscenity, or defamation, copyright and trademark infringement and email address registry laws, as applicable. In your use of the Services, you shall represent yourself or your organization accurately and will not impersonate any other person, whether actual or fictitious. You agree that you are the sole or designated sender of any message sent by you using the Services as defined by the New Zealand Unsolicited Electronic Messages Act 2007. For messages sent to recipients in other jurisdictions, you must comply with all applicable laws including the United States CAN-SPAM Act of 2003 for US recipients and Canada’s Anti-Spam Legislation, S.C. 2010, c. 23 for Canadian recipients. The Services are not designed to comply with industry-specific regulations such as the New Zealand Health Information Privacy Code 2020 or equivalent international regulations such as the Health Insurance Portability and Accountability Act (HIPAA) in the United States. You may not use the Services where your communications would be subject to such laws or in a way that would violate financial privacy laws such as the Financial Markets Conduct Act 2013 of New Zealand or equivalent international regulations. You further agree that for any email message sent by you using the Services, (i) the “from” line of any email message sent by you using the Services will accurately and in a non-deceptive manner identify your organization, your campaign or your service, and (ii) the “subject” line of any email message sent by you using the Services will not contain any deceptive or misleading content regarding the overall subject matter of the email message. Every email message sent using the Services must contain an “unsubscribe” link that allows the recipient to remove themselves from your mailing list. You shall monitor and promptly process unsubscribe requests received by you.b. Proper Usage of our Service
We believe in strict ethical norms for advocacy and organizing communications. To ensure this, we reserve the right to immediately terminate access to our Service by any user at our sole discretion, should we suspect any such activity or unethical behavior. You may use our Service only for lawful purposes and in accordance with these Terms. When using our Services, you agree not to: Use our Service in any way that violates any applicable New Zealand law or regulation, or any international law or regulation, including jurisdiction specific prohibitions, as applicable. Use our Service to provide, sell or offer to sell (or services related to): pornography; escort services; illegal goods; illegal drugs; illegal drug contraband; pirated computer programs; instructions on how to assemble or otherwise make bombs, grenades or other weapons. Use our Service for the purpose of sharing adult content or services, or for the purpose of exploiting, harming, or attempting to exploit or harm children or individuals under the age of 18 in any way by exposing them or attempting to expose them to inappropriate content. Use our Service to send or disclose any personally identifying information or private information about children or individuals under the age of 18. Use our Service to send material that is abusive, bigoted, prejudiced, racist, hateful, profane, obscene, violent, harassing, fraudulent, deceptive, misleading or otherwise illegal. Use our Service in a way that violates or infringes the copyright, trademark, patent, trade secret, intellectual property or other rights of another. Use our Service to promote, solicit or participate in pyramid or ‘Ponzi’ schemes or other services that are unfair, predatory, or deceptive. Use our Service to engage in any libelous, defamatory, scandalous, threatening, harassing activity. Use our Service to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation. Use our Service to harvest emails, or provide, sell, or offer to sell or rent any mailing list. Use our Service to impersonate or attempt to impersonate Company, a Company employee, another user, or any other person or entity. Use our Service in any way that infringes upon the rights of others, in any way that is illegal, threatening, fraudulent, or harmful, or in any way that is in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity. Use our Service to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of Service, or which, as determined by us, may harm or offend Company or users of our Service or expose them to liability. Use our Service in any manner that could disable, overburden, damage, or impair Service or interfere with any other party’s use of Service, including their ability to engage in real time activities through Service. Use any robot, spider, or other automatic device, process, or means to access our Service for any purpose, including monitoring or copying any of the material on our Service. Use any manual process to monitor or copy any of the material on our Service or for any other unauthorized purpose without our prior written consent. Use any device, software, or routine that interferes with the proper working of our Service, or otherwise attempt to interfere with the proper working of our Service. Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of our Service, the server on which our Service is stored, or any server, computer, or database connected to our Service. Attack our Service via a denial-of-service attack or a distributed denial-of-service attack. Send any content that advocates, promotes or otherwise encourages violence against any governments, organizations, groups or individuals or which provides instruction, information or assistance in causing or carrying out such violence. Take any action that may damage or falsify the Company rating.c. Restricted Industries
When using our Services, you agree that you will not engage in the following activities without first receiving prior written approval from the Company:- Use our Services to provide or offer to provide (i) financial products and services, including but not limited to, investment or brokerage services, lending services, crowdfunding, debt collection, insurance services, currency exchange, or other financial institutions, or (ii) government services, including government grants, and embassy, consulate or foreign government services.
- Use our Service to provide pharmaceuticals and telemedicine products or services.
- Use our Service to offer or sell tobacco related products, including but not limited to, e-cigarettes.
- Use our Service to offer or sell credit card and identity theft protection services.
- Use our Service to offer or sell other age restricted goods or services.