mOB sMART cURRENCY Plugin Terms and Conditions - Mobatly Smart Currency Solution

Last Updated: 05-11-2024

1. Acceptance of Terms

Welcome to mOB sMART cURRENCY, a plugin provided by Mobatly Properties, trading as Mobatly Digital (“we,” “us,” or “our”). By accessing, downloading, installing, or using the mOB sMART cURRENCY plugin and its associated currency rates service (the “Service”), you (“User,” “you,” or “your”) agree to be bound by these Terms and Conditions (“Terms”). If you do not agree to these Terms, you must not access or use the Service.

These Terms constitute a legally binding agreement between you and Mobatly Properties. Please read them carefully before using the Service.

2. Service Description

2.1 Overview
The mOB sMART cURRENCY plugin is a software solution for WordPress websites, enabling currency conversion across multiple content types. This includes but is not limited to articles, WooCommerce product pages, directories, classifieds, and custom fields. The Service includes access to our proprietary currency rates API, which dynamically updates exchange rates to provide real-time, localized currency conversions.

2.2 Modifications to Service
We reserve the right to modify, suspend, or discontinue the Service or any part thereof, including the rates API, at any time with or without notice. You agree that we shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Service.

3. License and Usage

3.1 License Grant
Upon payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to download, install, and use the plugin on your website(s) according to your selected subscription plan and these Terms. This includes access to our currency rates API as part of the Service.

3.2 Permitted Uses

Single Site License: Allows installation and use of the plugin on one website domain.
Multi-Site License: Allows installation and use of the plugin on multiple websites as specified in your subscription plan.

3.3 Restrictions
You agree not to:

Copy, modify, or create derivative works of the plugin.
Redistribute, sell, rent, lease, sublicense, or otherwise transfer rights to the plugin.
Reverse engineer, decompile, decrypt, disassemble, or attempt to derive the source code of the plugin or API, except and only to the extent permitted by applicable law.
Remove, alter, or obscure any proprietary notices, labels, or marks from the plugin or API.
Attempt to access or use the API beyond the scope of your subscription plan or intended purpose of the Service.

3.4 Compliance with Laws
You agree to use the Service in compliance with all applicable laws, regulations, and third-party rights.

4. Subscription and Payment Terms

4.1 Subscription Plans
We offer various subscription plans to accommodate different user needs. Each plan includes access to the plugin software and our currency rates API. Details of each plan, including features, pricing, and duration, are available on our website.

4.2 Payment Terms

Pricing: All prices are listed in USD and are exclusive of taxes unless otherwise stated.
Payment Methods: We accept payment via [accepted payment methods, e.g., credit card, PayPal].
Billing Information: You agree to provide accurate and complete billing information and keep this information up to date.

4.3 Manual Renewal

No Automatic Billing: Subscriptions do not automatically renew. You will not be automatically charged upon expiration of your subscription term.
Renewal Reminders: We will send renewal reminders prior to the expiration of your subscription to ensure continuity of Service.
Renewal Pricing: Renewal fees are subject to change. Any changes in pricing will be communicated before you choose to renew.

4.4 Pricing Transparency

Fixed Pricing During Term: The price for your selected subscription plan is fixed for the duration of your subscription term.
Price Changes on Renewal: Any future pricing changes apply only upon renewal, with prior notification provided.

5. Cancellation and Refund Policy

5.1 Cancellations

Your Right to Cancel: You may cancel your subscription at any time through your account settings or by contacting customer support.
Effect of Cancellation: Upon cancellation, you will retain access to the Service until the end of your current billing period. No refunds will be provided for the remaining period.

5.2 Refunds

Non-Refundable Fees: All fees paid are non-refundable, except as required by applicable law.
Exceptional Circumstances: Refunds may be granted under special circumstances at our sole discretion. To request a refund, contact our customer support team with details of your request.

5.3 Chargebacks
Initiating a chargeback or dispute with your payment provider without first contacting us to resolve the issue may result in immediate termination of your access to the Service.

6. Updates and Support

6.1 Product and API Updates

Regular Updates: We periodically release updates to enhance plugin functionality, add new features, and improve security.
API Availability: While we strive to maintain consistent access to the currency rates API, access may be temporarily unavailable due to maintenance, updates, or unforeseen circumstances.
User Responsibility: It is your responsibility to keep the plugin updated to the latest version to ensure optimal performance and security.

6.2 Support Services

Support Eligibility: Support is available to active subscribers with a valid license.
Support Channels: Support requests can be submitted through our contact page or via our website at https://mobatly.digital/contact.
Response Times: While we strive to respond promptly, response times may vary, especially during peak periods or holidays.
Support Scope: Support is limited to issues related to the plugin’s functionality and access to the currency rates API. We are not responsible for providing support for third-party plugins, themes, or customizations.

7. Privacy Policy

Your use of the Service is also governed by our Privacy Policy, which explains how we collect, use, and protect your information. By using the Service, you consent to the collection and use of your information as outlined in our Privacy Policy.

8. Intellectual Property

8.1 Ownership Rights

Service Ownership: All rights, title, and interest in and to the Service, including all intellectual property rights related to the plugin software and the currency rates API, are owned by Mobatly Properties.
No Transfer of Rights: These Terms do not transfer any ownership rights to you. All rights not expressly granted herein are reserved by Mobatly Properties.

8.2 Trademarks

Company Trademarks: All trademarks, service marks, logos, and trade names used in connection with the Service are proprietary to Mobatly Properties or their respective owners.
Restrictions: You may not use any trademarks without the prior written consent of the respective owners.

8.3 Feedback
Any feedback, comments, or suggestions you provide regarding the Service are entirely voluntary, and we are free to use such feedback, comments, or suggestions as we see fit without any obligation to you.

9. Disclaimers and Limitations of Liability

9.1 Disclaimer of Warranties
The Service is provided on an “as is” and “as available” basis without warranties of any kind, either express or implied. We disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

9.2 Limitation of Liability
To the fullest extent permitted by applicable law, Mobatly Properties shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, revenue, data, or goodwill.

10. Indemnification

You agree to indemnify, defend, and hold harmless Mobatly Properties, its affiliates, and their officers, directors, employees, agents, licensors, and suppliers from and against all claims, liabilities, damages, losses, costs, and expenses arising out of your use of the Service or your violation of these Terms.

11. Modifications to Terms

We reserve the right to modify or replace these Terms at any time. Notice of modifications will be posted on our website. Your continued use of the Service after the posting of changes constitutes acceptance of such changes.

12. Termination

We may suspend or terminate your access to the Service for any reason, including but not limited to violations of these Terms. Upon termination, all rights granted to you under these Terms shall cease.

13. Governing Law and Dispute Resolution

These Terms are governed by and construed in accordance with the laws of South Africa, without regard to conflict of law provisions. Disputes arising out of these Terms shall be resolved exclusively in South African courts.

14. Contact Information

For any questions regarding these Terms, please contact us via our website: Contact Us
Address: Mobatly Properties, 205 Rivonia Road, Morningside, Sandton, Gauteng, South Africa