Terms and Conditions

Last document update: 22nd of Oct 2024

User Agreement

It is the Agreement between MobileInventory and each User and regulates the provision and use of the Services that MobileInventory offers through the MobileInventory Platform.

Application

It is the mobile app of MobileInventory through which we also provide the Services.

Data Protection Officer (DPO)

He is the person designated by MobileInventory as responsible for monitoring compliance with applicable laws and regulations on the privacy and data protection of our Users, and to perform any other task in accordance with Regulation (EU) 2016/679 (General Regulation of Data Protection). The contact details are: Alex Busuioc, email: [email protected]

Privacy office

It is the MobileInventory department in charge of attending to the requests of the Users regarding their Privacy Rights and managing the other subjects related to our Privacy Policy.

MobileInventory Services

These are the services that MobileInventory offers through the Website and the Application and are described in this section of the User Agreement.

Users

Individuals who are registered on our Website and/or Application

User agreement

It means the Agreement between MobileInventory and each User and regulates the provision and use of the Services offered by MobileInventory through the Platform.

The User Agreement includes these Definitions and the Privacy Policy.

User Agreement Applicable Law

It means that the Laws of Romania are enforceable at any time.

2. Introductions

The Website is owned and managed by S.C. Bino Solutions S.R.L.

Our Company Website is www.bino.ro, and Our App’s Website is www.mobileinventory.net

3. Scope of this User Agreement

This User Agreement regulates the performance and use of the Services offered by MobileInventory through the Platform.

4. Definitions and Policies of MobileInventory

The Definitions, our Privacy Policy (https://support.mobileinventory.net/articles/privacy-policy/) is an integral part of this User Agreement.

4.1 Acceptance of the User Agreement

By registering and using the Website or the Application, as the case may be, the User consents and expressly accepts our Privacy Policy  (https://support.mobileinventory.net/articles/privacy-policy/)

5. Duration of the User Agreement

This User Agreement will be in force from the User’s registration in the Services via the Website or the Application and while the User continues to use the Services or until the termination of the User Agreement due to any of the causes foreseen therein.

6. Taxes

With the exception of taxes on MobileInventory income, the User is responsible for paying all taxes and fees or other duties, etc. applicable to the Service and its use.

7. Responsibilities and obligations of MobileInventory’ Users

The User is solely responsible for the proper use of the Services and the App.

7.1 Damages caused by the MobileInventory’ Users

Users use the Services entirely at their own risk. Users shall be liable for all damages caused to MobileInventory as a result of actions or omissions of Users in the use of the Services, including any costs, sanctions, and liabilities of any kind (including reasonable costs and expenses of legal defense and legal advice) that may be derived for MobileInventory in case of third-party claims for any reason as a result of the use of the Services by Users, including for infringement of any applicable regulation and/or of any Intellectual Property rights, with full indemnity for MobileInventory and its subsidiaries and any of its administrators, directors, and employees.

7.2 Users are responsible for the data introduced when using the Services.

MobileInventory assumes that the data entered by its owner are correct and accurate. In this regard, Users are solely responsible for the information and/or content provided during the registration and during the use of the Services, the Website, and/or the Application.

7.3 Accuracy of the information

It is forbidden to publish or disseminate information, photographs, and any other type of content that, obviously, or at the discretion of MobileInventory, violates the Law, morality, public order, or good manners.

7.4 Illegal content

It is forbidden to publish or disseminate personal data, including images or photographs and any other information of third parties, like any User in MobileInventory, or any other person outside the Platform, other than the owner of such information.

7.5 Third-party data

It is forbidden to publish or disseminate any advertising or commercial information.

7.6 Advertising or commercial information

It is forbidden to publish or disseminate offensive content or that incite, promote or publicize illegal or defamatory activities, pornographic or violent content, or that encourage discrimination or discriminatory attitudes based on race or ethnicity, sex, affiliation, religious belief or sexual orientation.

7.7 Illegal or offensive content

Users use the Services, the Website, and the Application, in any of their versions, at their entire, exclusive and sole responsibility. MobileInventory does not give any warranty regarding the use of the Services or the Platform.

Users are responsible for using the Services

Users shall keep confidential all MobileInventory Information to which they access by any means through the use of the Services, the Website, and/or the Application.

MobileInventory’ Information

7.8 MobileInventory’ Intellectual Property Rights

Users will not reproduce, copy, distribute, modify, develop, translate, compile, reverse engineer or compile or disassemble any part of the Website, the Application, or the Services.

7.9 Third parties’ Intellectual Property Rights

Users shall refrain from any act or omission that implies an infringement of the Intellectual Property rights of any third party.

7.10 Compliance

Users warrant that they comply with any Laws and regulations that are applicable to them, either because of their nationality, activity, profession, or any other circumstance in any country of the world, and they undertake to continue complying with these laws and regulations during the validity of the User Agreement.

7.11 Reasonable usage of resources

The resources provided by MobileInventory are limited to reasonable usage. MobileInventory reserves the right to limit the resources or stop the service if it detects excessive usage

MobileInventory reserves the right to restrict the service if the direct costs of using the service exceed the amount charged

“Reasonable usage” is defined as:

• Storage: Up to 1 GB of data storage per user account
• 3 shared Inventories, 5000 Products (unique SKUs) per inventory, 50000 Transactions (Entries), 1000 Locations, 100 Tags, 5 Product custom fields, 5 Transaction (Entry) custom fields
• 1000 images

7.12 Platform-Specific Considerations

7.12.1 Platform Availability and Limitations
– The Service is available on Web, Android, and iOS platforms
– Functionality differences exist between platforms and are documented on support.mobileinventory.net
– Users may only use one account on a single platform at any given time
– Data migration between platforms may not be possible

7.12.2 Backup Policies
MobileInventory implements the following backup retention strategy across all platforms:

1. Daily Backups:
– Retains 14 most recent daily backups
– Provides detailed history for past two weeks

2. Monthly Backups:
– For the past year only:
– Retains 2 backups per month
– Provides bi-monthly snapshots
– Backups older than one year are not retained in this category

3. Yearly Backups:
– Retains 1 backup per year for all years older than the last year
– Provides long-term historical reference

7.13 License Types

7.13.1 Pro SYNC License
– Primary premium license offering access to enhanced features, including:
– Unlimited exports
– Min stock field
– Barcode custom field
– Expiration date fields
– Multiple-user synchronization
– Complete feature list available at support.mobileinventory.net
– Features subject to change

7.13.2 Pro Scanner Addon License
– Enables usage of advanced on-device barcode scanning capabilities
– Must be used in conjunction with a valid Pro SYNC license

7.13.3 High Usage Addon License
– Extends resource limits to 3x the reasonable usage limits defined in section 7.11
– Must be used in conjunction with a valid Pro SYNC license

8. MobileInventory’ Liability

MobileInventory does not give any warranty regarding the use of the Services or the Platform. MobileInventory does not warrant the Services or the Platform

The Services are provided “as they are provided”. MobileInventory does not provide any warranty, whether express, statutory, or implied. In particular, MobileInventory does not warrant that (i) the use of the Services is safe (without prejudice to the security of the Personal Data of our Users according to our Security Policy), timely, uninterrupted, or free of errors or that works in combination with other hardware, software, system or data; (ii) that the Services comply with the requirements or expectations of the User; (iii) nor that any information will be accurate, reliable or loss-free; (iv) nor that the Service, the Website or the Application will be free of viruses or other harmful components, the Users expressly waiving any warranty in that sense; (v) nor that the Services are fit for a particular purpose, commercialization, or will not infringe rights of third parties.

8.1 Limitation of liability

In no case will MobileInventory respond for indirect, special, incidental, punitive or consequential damages, including, among others, and, without limitation, damages for the interruption of the operation of the Service or the Platform, loss of data or loss of benefits, damages for interruption of your activity, whether contractual or extra-contractual, including negligence or fault, incurred or suffered by the User or by any third party, whether they occur or are related to accessing or using the Website or using the Application, as well as the information contained or that could be provided by the Services or the Platform (except in cases of fraud).

MobileInventory is not liable for indirect damages

8.2 Connection with barcode scanners and other third-party devices

Regarding the connection with barcode scanners and other third-party devices, MobileInventory does not warrant the functioning of those devices, which are manufactured by third parties and selected by the Users, nor does MobileInventory assume any liability derived from the improper use thereof by the Users.

MobileInventory declines any responsibility in relation to the functioning of said third-party devices and/or with the activities developed by them.

9. MobileInventory’ Intellectual Property

Any rights over the brands, designs, logos, and commercial names that appear in the Platform are the exclusive property of MobileInventory, or have been transferred by third parties under license in favor of MobileInventory. Any copy or unauthorized reproduction is strictly forbidden.

All MobileInventory Information is the exclusive property of MobileInventory.

10. Suspension of Services

MobileInventory shall be entitled to suspend the Services in case of improper use by the User such as breach of the obligations or warranties corresponding to the User under this User Agreement.

11. Termination of the User Agreement

Users can terminate the User Agreement by notifying MobileInventory at any time by writing sent by any of the channels provided in the notification clause, or by canceling their MobileInventory account.

MobileInventory may terminate the User Agreement at any time by notifying the User in writing at any time, for any internal, organizational, or commercial reasons, at the discretion of MobileInventory, or for any of the following causes:

1) breach of the User Agreement and/or of our Privacy and/or Security Policies, such as in the case of detecting or appreciating illegal content, or content contrary to morality or public order, or harmful to other Users, or to the image of MobileInventory and/or its Platform or its products or Services or the products or services of third parties

2) cases in which MobileInventory is obliged to do so by law or by a judicial or administrative requirement or

3) claims of third parties against MobileInventory or any of the MobileInventory affiliates as a consequence of the use of the Services, the Website, and/or the Application by the User, either for infringement of Intellectual Property rights or for any other cause.

11.1 Consequences upon the termination of the User Agreement

Upon termination, the Services, the User’s account, and your Personal Data will be canceled, without prejudice to the retention periods established in our Privacy Policy.

12. Other conditions

This User Agreement and the MobileInventory Privacy and Security Policies constitute the entire agreement of the parties in relation to the Services and supersede all prior commitments, negotiations, and understandings with respect to the provision of the Services.

12.1 Assignment

The Services can not be transferred or assigned by the User to third parties without the prior written consent of MobileInventory, which reserves the right to provide the Services through affiliates and third-party service providers, as well as by entering into agreements with the third-parties and manufacturers of barcode scanners devices and the like. In addition, MobileInventory may assign the User Agreement to (a) a purchaser of all or a substantial part of the assets, shares, or business of MobileInventory through sale, merger, or otherwise, or (b) affiliates of MobileInventory, by notifying in writing to the User.

12.2 Severability

If any of the provisions of this User Agreement is declared void by a final decision by a competent judge or court, the validity of the remaining provisions will not be affected.

12.3 Notifications

Any contractual notification must be made in writing to the address of MobileInventory identified in the MobileInventory Policies and on our Website, or through any of the User Communication Channels, and in the case notifications sent by MobileInventory to the User at the address indicated by the latter in the User Profile.

12.4 Modifications to the User Agreement or to our policies

We may modify this User Agreement and/or the Privacy or Security Policies at any time. If we make any material changes we will notify our Users through our Services, or by other means, to provide them with the opportunity to review the changes before they are effective so that, in case of opposition, they may terminate the Service and close their Users account. The continued use of our Services after posting or sending a notice about our changes to this User Agreement and/or the Privacy or Security Policies will mean that you are consenting to the updated version.

12.5 Force Majeure

MobileInventory will not be responsible for the damages caused to the User or any third party as a consequence of the breach of the User Agreement due to Force Majeure events. All such cases in which extraordinary and not foreseeable circumstances beyond the control of MobileInventory prevent MobileInventory from providing the Service in accordance with the User Agreement will be deemed Force Majeure, such as government regulations, cases of general emergency declared at the local or national level, unforeseen acts of nature (such as fire, flood or earthquake), strikes, lockouts, power cuts, effects derived from the action of hackers as well as any other analogous circumstance.

12.6 Non-waiver

The omission and/or delay in the fulfillment of the User Agreement or its partial compliance by any of the parties will not imply in any case the waiver of the right of the other party to require its compliance later.

12.7 Independent contractors

The contractual relationship between MobileInventory and its Users is between independent contractors. Neither party acts as representative, agent, employee, or similar of the other party.

12.8 Jurisdiction

Any dispute regarding the Services and/or the use of the Platform by the User, as well as any question that may arise about the interpretation, application, and compliance with this User Agreement will be subject to the exclusive jurisdiction of the Courts and Tribunals of the City of Iasi, Romania.

12.9 Applicable Law

As a Romanian company, MobileInventory is subject to Laws of Romania as enforceable at any time, which apply to the User Agreement, including our Privacy Policy and our Security Policy, and the provision and use of the Services, and/or the Website, and/or the Application.

12.10 Other considerations

MobileInventory might permanently alter the data provided by the Users to improve efficiency. e.g. Images are being resized to occupy less memory. MobileInventory is not responsible for providing the user the raw data

13. Additional Legal Protections

13.1 Beta Features and Testing
– MobileInventory may offer beta features or testing versions of the Services
– Beta features are provided “as is” without any warranty
– MobileInventory reserves the right to modify, suspend, or discontinue beta features at any time
– Beta features may contain errors and may not function as intended
– User data processed through beta features may be lost or corrupted

13.2 Service Availability and Maintenance
– MobileInventory does not guarantee 24/7 availability of the Services
– Scheduled maintenance windows will be communicated when possible, but emergency maintenance may occur without notice
– MobileInventory is not liable for any damages or losses resulting from service interruptions
– Service availability target is 99.5% measured monthly, excluding scheduled maintenance
– No service credits or refunds will be provided for downtime

13.3 Data Loss Prevention
– Users are solely responsible for maintaining their own backup copies of their data
– While MobileInventory maintains backups as described in section 7.12.2, these are for disaster recovery purposes only
– MobileInventory is not liable for any data loss, corruption, or accuracy issues
– Users should regularly export and backup their critical data
– MobileInventory reserves the right to delete inactive account data after 12 months of non-usage

13.4 API Usage and Integration
– API access may be provided as part of certain license types
– API usage is subject to rate limiting and fair use policies
– MobileInventory reserves the right to modify or revoke API access
– No warranty is provided for third-party integrations
– Users must secure their API credentials and are responsible for all actions taken using their API keys

13.5 Compliance and Regulatory Requirements
– Users are responsible for ensuring their use of the Services complies with all applicable laws and regulations
– Users must obtain any necessary permits or licenses required for their use of the Services
– MobileInventory is not responsible for ensuring User compliance with industry-specific regulations
– Users must notify MobileInventory immediately of any compliance-related concerns or violations

13.6 Account Security
– Users are responsible for maintaining the security of their account credentials
– All actions taken through a User’s account are deemed to be authorized by that User
– Users must immediately notify MobileInventory of any unauthorized access
– MobileInventory reserves the right to suspend accounts showing suspicious activity
– Two-factor authentication is recommended for all accounts and may be required for certain license types

13.7 Dispute Resolution
– Prior to initiating legal proceedings, parties agree to attempt resolution through mediation
– Mediation shall take place in Iasi, Romania
– If mediation fails, legal proceedings will follow section 12.8 jurisdiction
– Claims must be brought within one year of the incident

13.8 Indemnification
– Users agree to indemnify and hold harmless MobileInventory, its employees, officers, and affiliates from any claims arising from:
– User’s violation of these terms
– User’s use of the Services
– User’s data or content
– Third-party claims related to User’s use of the Services
– This indemnification includes reasonable legal fees and expenses

13.9 Export Control
– Users agree to comply with all applicable export control laws
– Services may not be used in restricted countries
– Users certify they are not on any prohibited persons list
– Users may not export or re-export the Services without proper authorization

13.10 Payment and Refunds
– All fees are non-refundable unless required by law
– MobileInventory reserves the right to change pricing with 30 days notice
– Failure to pay fees may result in service suspension
– Users are responsible for all applicable taxes
– Promotional pricing is subject to change without notice

13.11 Account Termination
– MobileInventory may terminate accounts for:
– Violation of these terms
– Extended periods of inactivity
– Non-payment of fees
– Suspicious or fraudulent activity
– Upon termination:
– Access to Services will cease immediately
– User data may be deleted after 30 days
– No refunds will be provided
– User remains liable for any outstanding fees

13.12 Service Evolution
– MobileInventory reserves the right to:
– Add, modify, or remove features
– Change service architecture or technology
– Migrate data to new storage systems
– Update user interfaces
– Modify or deprecate APIs
– Changes will be communicated when possible, but may occur without notice for security or performance reasons