Privacy Policy

Position Mobile Ltd SEZC Terms of Service

Latest Version as of August 2022

Welcome to Position Mobile Ltd SEZC! We look forward to providing you with access to our best-in-class mobile application products and related websites.

Prior to using our Products, including downloading, accessing, or installing our Products, we encourage you to read these Terms and our Privacy Policy carefully. By using our Products, you are agreeing to these Terms and the Privacy Policy and all terms and conditions set forth herein and therein, including the obligation to arbitrate any disputes you have with us and to waive your right to participate in any class action lawsuit against us.

Section 1. This Agreement is Binding on You.

These Terms of Service (these “Terms”) constitute a legally binding agreement between you and Position Mobile Ltd SEZC (the “Company”, “we”,”us” or “our”) with respect to your download and use of our mobile application products (our “Apps”) and our websites related to our Apps, including (our “Sites”). Our Apps and Sites may be collectively referred to herein as our “Products.” By using, downloading, accessing or installing our Products, you agree to these Terms and the Privacy Policy and all terms and conditions set forth herein and therein. If you do not agree to these Terms, you are prohibited from using our Products.

You agree, represent and warrant to us that you have the full right, authority and capacity to enter into these Terms, to perform your obligations hereunder, and to abide by these Terms in their entirety.

Section 2. Your License to Certain Parts of our Products.

To the extent any portion of our Products constitute downloadable software that you can download onto your computer system or mobile device, then, subject to your compliance with these Terms, we hereby grant you a limited revocable, non-sublicensable, non-transferable, non-exclusive license to download, access, install and use such downloadable Products, solely for your individual personal use. You agree that you shall not install any portion of our Products that constitute downloadable software on any computer or mobile device not owned by you or for which you have the permission of the owner of such computer or mobile device.

Section 3. Product Updates We May Provide from Time to Time.

In connection with the rights granted by these Terms, you agree only to use the most recent versions of such Products that we have made publicly available. You also agree that we may update such Products from time to time, in our sole discretion, including to add, remove or change the features and functions of our Product (each an “Update”). You further agree that we shall have the right, but not the obligation, to automatically download such Updates on to your computer system or mobile device. The Products downloaded by you generally have the ability to communicate with our computer systems and servers in order to, among other things, facilitate such automatic Updates. From time to time, we may require that you agree to new Terms in connection with certain Updates or otherwise. To extent your use of our Products is on a mobile network, you agree that you may incur costs related to messaging and data in connection with Updates made to our Products and you shall be solely responsible for such costs.

Section 4. Restrictions on Your Use of Our Products.

Your use of our Products except as provided for in these Terms shall constitute your breach of these Terms and is strictly prohibited. In connection with your use of our Products, you shall not in any way transmit, publish, post, upload, disseminate, or distribute any (i) corrupted files, viruses, trojan horses, worms, spyware, time bombs, cancelbots, or any other similar software or programs; and/or (ii) defamatory, infringing, vulgar, sexually explicit, obscene, indecent, offensive, inappropriate, profane, or unlawful content or any hate speech (i.e., racist/discriminatory speech). You shall also not (i) impair anyone else from using our Products or interfere with the proper functioning of our Products; (ii) access the Products other than by the means we provide to you (which includes a prohibition on you from using any scripts, spiders, robots or other automated mechanisms to access our Products); (iii) misrepresent your identity in any way in connection with your use of our Products; (iv) overburden our computer systems used to provide and service the Products in any way; and/or (v) violate any law, rule or regulation in connection with your use of our Products. You are also prohibited from copying (except for backup purposes), renting, selling, distributing, assigning, licensing, sublicensing and/or leasing any of you Products to any third party or for the benefit of any third party.

Section 5. About Our Products.

Our Products consist of the Apps and the Sites we may make available from time to time. Our Apps are primarily search and discovery mobile applications that allow you to access content, perform Internet searches, discover new services and functions, and to otherwise enhance your digital experience. Our Sites are generally online extensions of our Apps and/or informational resources regarding the features and functions of our Apps.

Certain of the search functionality comprising a part of our Products may be deployed via extensions and browser settings. Depending on the specific search and discovery application you utilize, the search functionality may set your start page, new tab page, browser homepage, and/or default search setting(s), depending on the options you select. In some cases, we provide you with a means to decline and/or opt-out of these settings at your discretion.

Section 6. Third Party Offerings.

Certain of our Products may incorporate content, features, functionality, services, products and software made available from third parties (the “Third Party Offerings”). Depending on the Third Party Offering, we may license it, integrate it into our Products, bundle it with our Products, or simply provide access to it through our Products. The inclusion of Third Party Offerings in any manner shall not be considered an endorsement of such Third Party Offerings and we make no representations or warranties with respect to such Third Party Offerings. Your use of such Third Party Offerings is subject to whatever legal terms the providers of such Third Party Offerings require you to agree to in connection with your use of them, as well as those terms and privacy policies set forth in Appendix A of our Privacy Policy. Your use of Third Party Offerings is at your sole and exclusive risk and under no circumstances shall we be responsible or liable to anyone in connection with your use of such Third Party Offerings. If you enter into a transaction with a provider of Third Party Offering, that transaction is between you and them. If you have any questions, issues, claims or complaints with respect to a Third Party Offering, your only recourse is to contact the provider of such Third Party Offering. Certain of our Products contain search functionality, much of which is a Third Party Offering. In connection with your use of Third Party Offerings, you consent and agree to our provision of information about you and your use of our Products to providers of Third Party Offerings.

Section 7. Registration and Supplemental Terms for Certain Products.

For the most part, we do not require you to register in order to use our Products, but in some cases registration may be required in order to use some of our Products or certain functions or features of our Products. In those cases, you will be prompted to register prior to use. If registration is required, you agree that all information you provide at the time of registration is current, complete and truthful. Additionally, if there is any change to the information you provide at the time of registration, you agree to provide us with a current, complete and truthful update to such information as soon as your next use of the applicable Product for which registration is required. Use of information provided by you in connection with a registration is subject to our Privacy Policy. Registration for Third Party Offerings are governed by the applicable terms of the Third Party Offering and not these Terms. You may be issued or required to create a username and password in connection with your registration for certain of our Products. If that happens, you are solely responsible for keeping such username and password protected and confidential, as well as for any transactions or uses undertaken by means of such username and password. You agree to notify us immediately if you become aware of any unauthorized access to and or use of username and password, following which we may terminate or suspend your registered account and/or transactions undertaken through such account.

Certain of our Products are subject to additional terms and you agree to be bound by those additional terms to the extent you access such Products, all of which shall form a part of this EULA with respect to those Products. If the supplemental terms applicable to a particular Product conflict with these Terms, the supplemental terms shall control in the event of any conflict.

Section 8. Products for which a Fee is Payable.

Most of our Products are provided to you free of charge. However, some Products and/or certain features and functions of our Products require you to pay a fee to use or access them. In such cases, the terms of payment will be provided to you in advance and you will have an opportunity to accept or decline. In addition, some Third Party Offerings may require you to pay a fee to use or access them. By agreeing to such fees and accessing those Products, features, functions and/or Third Party Offerings for which payment is required (collectively, “Paid Features”), you agree to pay all charges and fees incurred by you by using such Paid Features, based on the terms provided to you at the time you seek to access such Paid Features. You agree that we have no responsibility or liability with respect to any transaction between you and a Third Party Offering provider. Unless otherwise noted, all amounts payable for Paid Feature shall be paid by you in United States Dollars. You agree that if you provide us with credit card information to pay for such Paid Features, we can charge your credit card in the amounts and at such frequency as outlined in the supplemental terms for the Paid Features. We will record and retain an electronic copy of your consent for your credit card to be charged as evidence of your acceptance of the charges incurred by you. We reserve the right to change, alter, amend, and/or cease charging a fee for Paid Features upon notice to you. If you do not agree to the modified payment terms, your sole recourse is to terminate your use of the Paid Features.

Section 9. Content Made Available Through Our Products.

All content appearing on and/or accessible through our Products or Third Party Offerings, including without limitation, all images, written word, logos, marks, design treatments, advertising, data, links, articles, videos, music, sound, graphics and any software used within or comprising a part of the Products (collectively, the “Product Content”) is owned by the party providing such Product Content and such party assumes sole responsibility for such Product Content. You agree not to use such Product Content for any reason other than as intended within the Product, unless you first get the written permission of the owner of such Product Content. You acknowledge and agree that you may find certain Product Content to be indecent, offensive or otherwise objectionable to you, but you assume all risks in accessing the Product Content. We make no representations or warranties with respect to Product Content, including the accuracy or completeness of such Product Content. We reserve the right to change, eliminate and/or add Product Content at any time. Product Content originating from third parties, including Third Party Offerings is not an endorsement of such Product Content by us. If you have any questions, claims or complaints against a third party provider of Product Content, you agree to direct same to such third party. Finally, to the extent our Products allow you to transmit, upload, post or otherwise make available content through them, you assume full responsibility for such content and represent and warrant that you have all necessary rights with respect to such content.

Section 10. Intellectual Property Rights.

As between you and us, our Products, including all of our Apps and Sites and any code, Product Content, software, and/or documentation comprising a portion of and/or related to same, as well as all of our names, logos, marks, and all Intellectual Property Rights (as defined below) in all of the foregoing are owned exclusively by us and are subject to protections and proprietary rights available under applicable trademark, copyright, and patent laws of the United States and other jurisdictions. “Intellectual Property Rights” means, collectively, all worldwide copyright, trademark, trade secret rights, and all rights related to issued and pending patents, and all copyright, trademark and patent registrations and applications for registrations (including patent reissues, divisions, continuations, continuations-in-part, renewals and extensions), including, without limitation, moral or similar rights. You agree that you shall not copy, modify, sell, license, transfer, publish, transmit, reproduce, create derivative works of, distribute, publicly perform, publicly display, or in any way exploit any of our Products , including all of our Apps and Sites and any code, Product Content, software, and/or documentation comprising a portion of and/or related to same, as well as our names, logos, marks, and any of our Intellectual Property Rights to any of the foregoing, whether in whole or in part. You agree that you shall not remove, alter, delete or use for any other purpose any trademark, copyright, or other proprietary rights notice we have placed on the Products without our express prior written consent. All rights not expressly granted hereunder are expressly reserved to us and our licensors.

As between the you and the owner of any Third Party Offering, the applicable third party owns all rights, title and interest in and to the Third Party Offering, including all Intellectual Property Rights vested therein. Certain of our service providers and partners, including providers of Third Party Offerings, may have similar proprietary and Intellectual Property Rights in the content, code and/or software they make available to you through our Products. You should consult their terms of service for restrictions with respect to your use of same.

As between us and you, you own all right, title and interest in and to any content you provide to us or make available through the Products (“Your Content”). You hereby grant us, our affiliates, and our partners a worldwide, irrevocable, royalty-free, nonexclusive, sub-licensable, license to use, reproduce, create derivative works of, distribute, publicly perform, publicly display, transfer, transmit, distribute, and publish such content and subsequent versions of Your Content and all Intellectual Property Rights therein in any form, medium or technology (whether now known or later developed) for any purpose, including in pursuit of our own business interests, distribution (in any manner) to third parties, and storing it in a remote database accessible by third parties. We reserve the right to remove any of Your Content from our Products at any time and for any reason.

Our Products may contain Open Source Software. Such Open Source Software may be subject to the follow Open Source Software Licenses: