These Terms and Conditions (the "Terms") govern access to and use of the MoboCheck website, diagnostic software, and related services (collectively, the "Services") provided by Cartlow ("MoboCheck", "Cartlow", "we", "us", or "our"). By accessing or using the Services, you agree to be bound by these Terms. If you are using the Services on behalf of a company or other organisation, you confirm that you have authority to bind that organisation, and "you" refers to that organisation.
1. The Services
MoboCheck provides software for testing, grading, erasing, and certifying mobile devices and related hardware. Features, availability, and supported devices may vary by plan and region, and we may update, improve, or discontinue features from time to time.
2. Accounts and Access
You must provide accurate information when requesting access or creating an account and keep it up to date.
You are responsible for keeping login credentials confidential and for all activity under your account, including activity by testers and other users you authorise.
Notify us promptly at [email protected] if you suspect unauthorised access to your account.
3. Acceptable Use
You agree not to:
use the Services in violation of any applicable law or regulation, or to process devices you are not authorised to handle;
copy, modify, reverse engineer, decompile, or create derivative works of the Services, except where permitted by law;
resell, sublicense, or provide the Services to third parties except as agreed in writing with us;
interfere with or disrupt the integrity, security, or performance of the Services, or attempt to gain unauthorised access to them;
upload or transmit malicious code, or use the Services to infringe the rights of others.
4. Diagnostic Results and Certificates
Test results, grades, reports, and erasure certificates reflect the condition of a device at the time it was tested, using the tests and configuration selected. Results can be affected by device condition, operator handling, accessories, and third-party components. You are responsible for how you use results in your business, including any representations you make to your own customers.
5. Customer Data
You retain ownership of data you submit or generate through the Services, including device diagnostic data ("Customer Data"). You grant us the rights needed to host, process, and transmit Customer Data to provide and support the Services. We handle personal information as described in our Privacy Policy and protect data as described in our Information Security Policy. You are responsible for having the rights and consents needed to submit Customer Data.
6. Fees and Payment
Paid Services are billed according to the order form, quotation, or agreement between you and Cartlow. Unless otherwise agreed, fees are non-refundable and exclusive of applicable taxes. We may suspend access to paid Services if undisputed amounts remain overdue after notice.
7. Intellectual Property
The Services, including software, content, trademarks, and documentation, are owned by Cartlow or its licensors and are protected by intellectual property laws. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable right to use the Services for your internal business purposes during your subscription. Feedback you give us may be used to improve the Services without obligation to you.
8. Third-Party Services
The Services may integrate with or link to third-party products and services. We are not responsible for third-party services, and your use of them is governed by their own terms.
9. Confidentiality
Each party will protect the other's non-public business, technical, and commercial information with reasonable care, use it only for the purposes of these Terms, and not disclose it except as required by law or as permitted in writing.
10. Disclaimers
Except as expressly stated in a written agreement with Cartlow, the Services are provided "as is" and "as available". To the fullest extent permitted by law, we disclaim all implied warranties, including merchantability, fitness for a particular purpose, and non-infringement, and we do not warrant that the Services will be uninterrupted or error-free.
11. Limitation of Liability
To the fullest extent permitted by law, Cartlow will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for loss of profits, revenue, data, or goodwill. Our total liability arising out of or relating to the Services will not exceed the fees you paid to Cartlow for the Services in the twelve (12) months before the event giving rise to the claim.
12. Indemnification
You will indemnify and hold Cartlow harmless from claims, losses, and expenses arising from your misuse of the Services, your Customer Data, or your breach of these Terms or applicable law.
13. Suspension and Termination
We may suspend or terminate access to the Services if you materially breach these Terms, if required by law, or to protect the security of the Services or other customers. You may stop using the Services at any time, subject to any commitments in your agreement with us. Sections that by their nature should survive termination will survive.
14. Governing Law
These Terms are governed by the laws of the United Arab Emirates as applied in the Emirate of Dubai. Disputes will be subject to the exclusive jurisdiction of the courts of Dubai, unless otherwise agreed in writing.
15. Changes to These Terms
We may update these Terms from time to time. Changes take effect when published on this page, and the "Last updated" date above will be revised. Continued use of the Services after changes take effect constitutes acceptance of the revised Terms.
16. Contact Us
For questions about these Terms, contact us at [email protected].