Terms of Use

Last updated: December 1, 2019

These Terms of Use (“Terms”) govern your rights and obligations regarding the use of our Mojipic applications and hardware products (“Products”). These Terms constitute a fully binding agreement between Mojipic UAB, including its affiliates and subsidiaries, (“Mojipic” or “We”) the proprietor of all rights in and to the Mojipic Device (“the Device”), and you. It is therefore recommended that you carefully read these Terms.

By using Mojipic Products, you acknowledge your assent to these Terms, as well as our User Guide and Privacy Policy, all of which are an integral part of these Terms. If you do not agree to these Terms or any of its parts, then do not use our Products.

Do Not Use Our Products While Driving

Always obey traffic rules and keep your eyes on the road.

Remember, you are responsible for the safety of your vehicle, yourself and your passengers. Taking your eyes off the road may cause traffic accident, property damage, serious injuries and even death. Do not use Mojipic Products while driving.

While voice commands option is available, do not use the Products even when you keep your eyes on the road and use voice commands only, because it may still distract you from driving.

Set what you would like to display on the Device prior to starting driving.

Obey Local Laws and Regulations

You have to obey local traffic rules and all other laws and regulations when it comes to using cell phones and gadgets in your car or otherwise. In some countries, it may not be allowed to mount any after-market devices anywhere on your car, or it may otherwise be unlawful to use our Products. It is your responsibility to fully familiarize yourself with all applicable laws and regulations and obey them at all times. We are not liable to you or any third parties for any fines, fees, damages or any other loss because of your use of our Products.

Restrictions on the Use of our Products

You may not:

(i) make any copies of the Products (in respect to the Apps — other than the copy you download on your device,

(ii) modify or create any derivative works of the Products;

(iii) decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code, underlying ideas, or algorithms of the Products, or in any way ascertain, decipher, or obtain the communications protocols for accessing our networks;

(iv) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the Products;

(v) block, disable, or otherwise affect any advertising, advertisement banner window, tabs, links to other sites and services, or other features that constitute an integral part of the Products;

(vi) use the Products in any manner that could damage, overburden or impair driving or overall well-being of third parties;

(vii) use the Products in any way that violates these Terms or any applicable law; or

(viii) use the Products in any way that violates the rights of any third party.

Intellectual Property

All intellectual property rights in and to the Products, including copyrights, trademarks, industrial designs, patents and trade secrets – are the exclusive property of IIP Brothers Ltd. or its affiliates.  Mojipic and Mojipic Logo are the trademarks of IIP Brothers Ltd. or its affiliates. The use of these trademarks is prohibited without explicit permission of IIP Brothers. The BLUETOOTH® word mark and logos are registered trademarks owned by Bluetooth SIG, Inc.

The design, trade dress, and the ‘look and feel’ of the Products are protected works under applicable copyright laws and IIP Brothers Ltd. and its affiliates retain all intellectual property rights in them.

Warning about photosensitivity / epilepsy seizures

If you use our Products for the purposes of playing games provided by the Apps, a very small percentage of individuals may experience epileptic seizures or blackouts when exposed to certain light patterns or flashing lights. Exposure to certain patterns or backgrounds on a screen of the Device may trigger epileptic seizures or blackouts in these individuals. These conditions may trigger previously undetected epileptic symptoms or seizures in persons who have no history of prior seizures or epilepsy. If you, or anyone in your family has an epileptic condition or has had seizures of any kind, consult your physician before playing.

IMMEDIATELY DISCONTINUE use and consult your physician before resuming your use of the Products, if you or your child experience any of the following health problems or symptoms: dizziness, altered vision, eye or muscle twitches, loss of awareness, disorientation, seizures or any involuntary movement or convulsion. Resume the use of the Products only upon approval of your doctor.

Use by children

Mojipic Products are meant for adult customers only, over 16 years of age. If you are not yet 16 years old, do not use the Products.

Limitations of liability and warranty

We provide the Products and their content on an “As is” and “As available” basis. They cannot be customized to fulfill the needs of each and every user. We hereby disclaim all warranties and representations, either express or implied, including, without limitation, any warranties of merchantability, and fitness for a particular purpose, features, quality, non-infringement, title, compatibility, performance, security or accuracy. No oral or written information or advice given by us shall create a warranty.

We do not warrant that the Products will meet your requirements or that they will be error-free. The entire risk as to satisfactory quality, performance, accuracy, effort and cost of the Products, if any, is with you.

You agree and acknowledge that you assume full, exclusive and sole responsibility for the use of and reliance on the Products, and you further agree and acknowledge that your use of or reliance on the Products is made entirely at your own risk. You further acknowledge that it is your responsibility to comply with all applicable laws (including traffic laws and regulations) while using the Products.

We strive to provide you with a high quality and satisfactory service. However, We do not warrant that the Products will operate in an uninterrupted or error-free manner, or that they will always be available or free from all harmful components, or that they are safe, secured from unauthorized access to our computers, immune from damages, free of malfunctions, bugs or failures, including, but not limited to hardware failures, software failures and software communication failures.

Mojipic, including its affiliated entities as well as officers, directors, shareholders, employees, subcontractors and agents will not be liable for any direct, indirect, incidental or consequential damage to any person or property, or any other damage and loss (including, without limitation, loss of profit and loss of data, damage to your mobile device, loss of goodwill, work stoppage, or mobile device failure or malfunction), costs, expenses and payments, either in tort, contractual, or in any other form of liability, arising from, or in connection with the use of, or the inability to use the apps, or from any failure, error, or breakdown in the function of the apps, or from any fault, or error made by our staff or anyone acting on our behalf, or from your reliance on the content of the apps, or from any denial or cancellation of your user account, or from retention, deletion, disclosure and any other use or loss of your content on the apps. In any event, your sole remedy will be limited to correcting such errors, or malfunctions, and in light of the relevant circumstances.

By purchasing Mojipic Products and/or by clicking “Accept” on your mobile device prior to using the Apps, you expressly assume risk of any personal injury or other damage occurred as a result of your use or during the use of the Products.

Mojipic expressly disclaims any liability or responsibility for any content you choose to display on your Device. We do not endorse any content displayed by our customers. It is expressly prohibited to display offensive, unlawful, insensitive, or rude content on your Device.

Limited one-year warranty policy

Without derogating from the previous section, Mojipic Products are warranted to be free from defects in materials or workmanship for one year from the date of purchase. Within this period, We will, at our sole option, repair or replace any components that fail in normal use. Such repairs or replacement will be made at no charge to the customer for parts or labor, provided that the customer shall be responsible for any shipping costs. This limited warranty does not apply to: (i) cosmetic damage, such as scratches, nicks and dents; (ii) consumable parts, such as batteries, unless product damage has occurred due to a defect in materials or workmanship; (iii) damage caused by accident, abuse, misuse, water, flood, fire, or other acts of nature or external causes; (iv) damage caused by service performed by anyone who is not an authorized service provider of Mojipic; or (v) damage to a product that has been modified or altered without the written permission of Mojipic.

THE WARRANTIES AND REMEDIES CONTAINED HEREIN ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY LIABILITY ARISING UNDER ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, STATUTORY OR OTHERWISE. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, WHICH MAY VARY FROM STATE TO STATE.

Links and commercial information

The Products may include commercial information or advertisements. They may pop up or be displayed during the use of the Products from time to time. Mojipic may post its own ads but more often than not, those are third parties’ ads, and as such, Mojipic cannot and does not guarantee the reliability or accuracy of those ads. Nor does Mojipic endorse the content of third party ads. Additionally and without derogating from the previous sentence, Mojipic will not be liable in any way for any damages whatsoever arising out of or related to your reliance on, or in connection with, the use of the content of ads posted on the Products.

If the ads include links to services, goods or applications not operated or managed by Mojipic, We will not be liable for any form of liability arising from your reliance on or use of such services, goods and applications or any information provided by them, including but not limited to their completeness, accuracy, correctness or being up-to-date. Mojipic will not be liable for any direct or indirect damage, monetary or otherwise, arising from your use of or your reliance on the content of goods or services you have accessed via ads or other links on the Products.

You must not attempt to view or click on any ads while operating a vehicle. You alone are responsible for driving responsibly, and you acknowledge and agree that in the event that you violate the foregoing provision, Mojipic will not be liable for any direct, indirect, incidental or consequential damage, or any other damage, and loss (including loss of profit and loss of data), costs, expenses and payments, either in tort, contractual, or in any other form of liability, arising from, or in connection with the display of the ads on the apps or your viewing of the ads while using the apps.

Breach and indemnity

Without derogating from any applicable law, you agree to indemnify and hold harmless Mojipic and its employees, officers, directors and agents, from and against all claims, damages, expenses, losses and liabilities that arise as a result of your violation of these Terms.

This indemnity is intended to cover all expenses, payments, loss, loss of profits or any other damage, direct or indirect, monetary or non-monetary, incurred by Mojipic, its employees, officers, directors or agents as a result of your violation of the Terms, including but not limited to legal expenses and attorneys’ fees.

Privacy

Mojipic respects your privacy while you are using our Apps. Our privacy policy pertaining to the Apps is readily accessible at Mojipic.co/privacy and is an integral part of these Terms. You agree that we may receive from your mobile device and store information about your location and route, as well as your name, email address and information about your mobile device. We may use this information to develop improvements to the Apps or offer additional services to you or other users. But we will never publicly display your information without your prior consent or approval. Since the privacy policy is subject to periodic updates, it is recommended that you periodically review the policy for updates.

Governing law and jurisdiction

By agreeing to these Terms, you are:

(1) agreeing that the laws of Lithuania will govern any potential disputes between us;

(2) waiving claims that you might otherwise have against Us based on the laws of other jurisdictions, including your own;

(3) irrevocably consenting to the exclusive jurisdiction of, and venue in courts located in Vilnius, Lithuania over any disputes or claims you may have against us; and

(4) submitting yourself to the personal jurisdiction of courts located in Vilnius, Lithuania for the purpose of resolving any such disputes or claims.

In addition, you expressly, irrevocably and unconditionally waive trial by jury and any right to proceed as lead plaintiff, class representative, or other representative capacity for any class action proceedings arising out of or relating to these Terms or Mojipic Products in any way.

Limitation on ability to initiate legal proceedings

Should you desire to file any cause of action against Mojipic, arising out of or related to the Products, you must do so within one (1) year of the day you became aware or should have become aware of the cause of action. Failure to file a lawsuit within this timeframe will bring about the permanent barring of the cause of action, and will constitute your complete and final waiving of the lawsuit and corresponding causes of action.

Injunctive relief

You agree that your breach or threatened breach of these Terms may cause Us irreparable injury for which recovery of money damages would be inadequate and that We, therefore, may obtain timely injunctive relief to protect our rights under these Terms, in addition to any and all other remedies available to us at law or in equity.

Miscellaneous

In order to use the Products, you must avail yourself with the wireless mobile device and obtain Internet connection. We do not guarantee that the Products will work with all wireless devices or wireless service plans, at all times, or in all geographic locations.

When you use the Products, you may incur certain charges from your wireless carrier according to the terms of your carrier agreement. You are solely responsible for any costs you incur to access or use the Products through your mobile device.

You agree that you are not entitled to any support, telephone assistance, corrections, updates, upgrades, bug fixes and/or enhancements of the Products from us.

Complete terms

These Terms, together with the User Manual and the Privacy Policy, that are an integral part of these Terms, shall all constitute the entire and complete agreement between you and Mojipic concerning Mojipic Products. In the event of an inconsistency between these Terms and any other content on our website, these Terms shall prevail.

Contact us

You may contact us any time with any questions or concerns related to the Products or these Terms by following the link Mojipic.co/help. We will make our best efforts to address your inquiry promptly.

Modifications of these terms

Mojipic may modify these Terms from time to time without any prior notice to you. Please check these terms from time to time. If fundamental changes are introduced, a notice will be posted on our website, Mojipic.co. Your continued use of the Products after the Terms have been modified signifies your assent to the updated Terms. If you dissent to the updated Terms or to any term within them, you must discontinue all further use of the Products.