Terms and conditions
These Terms and Conditions govern your use of the (“Platform”) when you are browsing publicly available information without having an account as either Data Provider or Data Customer on the Platform. If you do have an account, your use is governed by the relevant agreement concluded between you and Mobito, meaning Mobito Technology SRL, with registered seat at Rue Henri Bergé 49/ ET01, 1030 Schaerbeek, Belgium, and VAT number 0747.793.289.
1.1 Certain parts of the Platform are publicly available for you to find out more about Mobito, the Platform and Services, and certain Data listings. You can only sell Data or get access to Data when you have signed up for the Platform and accepted the relevant Data Provider or Data Customer agreement. The Data Customer is the legal entity purchasing the Data offered by the Data Provider. The Data Provider means the legal entity wishing to make use of the Platform to upload Data for sale to the Data Customers and/or for use by Mobito, as the case may be.
1.2 Mobito cannot be held liable for any incorrect information or any issues or problems with the Data. Solely the Data Provider is responsible for the placement of Data on the Platform and solely the Data Customer is responsible for its use of the Data. Mobito only acts as a marketplace to facilitate the selling and purchasing of Data. The agreement relating to the Data is concluded directly between the Data Provider and the Data Customer.
1.3 All warranties are excluded to the extent permitted by the applicable law. In addition, Mobito does not guarantee the uninterrupted availability of the Platform and its contents.
1.4 The contents of the Platform may not be used by you to build up a database of your own and may not be used elsewhere in an already existing database. You may not resell or re-list any part of the Data listings you find on the Platform. The linking of another database is expressly prohibited.
2. INTELLECTUAL PROPERTY
2.1 All intellectual property rights, including all copyrights and related rights, software rights, database rights, trade secrets, know-how, trademarks, trade names, service marks, domain names, patents, design rights, and other rights, including any kinds of developments, amendments, customizations, documentation, data and testing methodologies created or used on or with the Platform and including the right to register or apply for any of the foregoing, related to the Platform shall be the exclusive property of Mobito or its licensors. Under no circumstances is there any transfer of intellectual property rights to you.
2.2 Mobito grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable and royalty-free right to view the publicly accessible parts of the Platform. You may not copy, translate, duplicate, store, spread or otherwise use any part of the Platform.
2.3 All intellectual property rights in the Data, if any, shall remain vested in the Data Customer. In the event the Data is not subject to intellectual property rights, the Data Provider shall still be considered the owner of the Data. The Data Customer only receives a license as per the license agreement provided by the Data Provider.
3. DATA PROTECTION
4. COMPETENT COURT AND APPLICABLE LAW
4.1 These terms and conditions shall be construed in accordance with and governed by the laws of Belgium.
4.2 In the event of disputes concerning the conclusion, execution, termination and/or interpretation of the terms and conditions which cannot be resolved amicably, only the courts of Brussels (Dutch speaking courts) will have jurisdiction to settle the dispute.