Terms & Conditions
By downloading or using MobileSheets, these terms will automatically apply to you - you should make sure therefore that you read them carefully before using MobileSheets. You're not allowed to copy, or modify MobileSheets, any part of MobileSheets, or our trademarks in any way. You're not allowed to attempt to extract the source code of MobileSheets, and you also shouldn't try to translate MobileSheets into other languages, or make derivative versions. The app itself, and all the trade marks, copyright, database rights and other intellectual property rights related to it, still belong to Zubersoft.
Zubersoft is committed to ensuring that MobileSheets is as useful and efficient as possible. For that reason, we reserve the right to make changes to MobileSheets, at any time and for any reason.
The MobileSheets app stores and processes personal data that you have provided to us, in order to provide our Service. It's your responsibility to keep your device and access to MobileSheets secure. We therefore recommend that you do not jailbreak or root your device, which is the process of removing software restrictions and limitations imposed by the official operating system of your device. It could make your device vulnerable to malware/viruses/malicious programs, compromise your device's security features and it could mean that the MobileSheets app won't work properly or at all.
You should be aware that there are certain things that Zubersoft will not take responsibility for. Certain functions of MobileSheets will require MobileSheets to have an active internet connection such as importing from cloud service providers. The connection can be Wi-Fi, or provided by your mobile network provider, but Zubersoft cannot take responsibility for MobileSheets not working at full functionality if you don't have access to Wi-Fi, and you don't have any of your data allowance left.
If you're using MobileSheets outside of an area with Wi-Fi, you should remember that your terms of the agreement with your mobile network provider will still apply. As a result, you may be charged by your mobile provider for the cost of data for the duration of the connection while accessing functionality in MobileSheets that requires internet access (such as access to cloud services), or other third party charges. In using MobileSheets, you're accepting responsibility for any such charges, including roaming data charges if you use MobileSheets outside of your home territory (i.e. region or country) without turning off data roaming. If you are not the bill payer for the device on which you're using MobileSheets, please be aware that we assume that you have received permission from the bill payer for using MobileSheets.
Along the same lines, Zubersoft cannot always take responsibility for the way you use MobileSheets i.e. You need to make sure that your device stays charged - if it runs out of battery and you can't turn it on to avail the Service, Zubersoft cannot accept responsibility
With respect to Zubersoft's responsibility for your use of MobileSheets, when you're using MobileSheets, it's important to bear in mind that although we endeavour to ensure that it is updated and correct at all times, Zubersoft accepts no liability for any loss, direct or indirect, you experience as a result of relying on the functionality of MobileSheets.
At some point, we may wish to update MobileSheets. The app is currently available on Android, iPadOS and Windows - the requirements for the systems (and for any additional systems we decide to extend the availability of MobileSheets to) may change. Zubersoft does not promise that it will always update MobileSheets so that it is relevant to you and/or works with the Android/Windows/iPadOS version that you have installed on your device. We may also wish to stop providing MobileSheets, and may end support for it at any time without giving notice of termination to you. Unless we tell you otherwise, upon any termination, the rights and licenses granted to you in these terms will end.
Services "AS IS"
We strive to provide great Services, but there are certain things that we can't guarantee. TO THE FULLEST EXTENT PERMITTED BY LAW, ZUBERSOFT AND ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES. THE SERVICES ARE PROVIDED "AS IS." WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some places don't allow the disclaimers in this paragraph, so they may not apply to you.
Limitation of Liability
WE DON'T EXCLUDE OR LIMIT OUR LIABILITY TO YOU WHERE IT WOULD BE ILLEGAL TO DO SO - THIS INCLUDES ANY LIABILITY FOR ZUBERSOFT'S OR ITS AFFILIATES' FRAUD OR FRAUDULENT MISREPRESENTATION IN PROVIDING THE SERVICES. IN COUNTRIES WHERE THE FOLLOWING TYPES OF EXCLUSIONS AREN'T ALLOWED, WE'RE RESPONSIBLE TO YOU ONLY FOR LOSSES AND DAMAGES THAT ARE A REASONABLY FORESEEABLE RESULT OF OUR FAILURE TO USE REASONABLE CARE AND SKILL OR OUR BREACH OF OUR CONTRACT WITH YOU. THIS PARAGRAPH DOESN'T AFFECT CONSUMER RIGHTS THAT CAN'T BE WAIVED OR LIMITED BY ANY CONTRACT OR AGREEMENT.
IN COUNTRIES WHERE EXCLUSIONS OR LIMITATIONS OF LIABILITY ARE ALLOWED, ZUBERSOFT, ITS AFFILIATES, SUPPLIERS OR DISTRIBUTORS WON'T BE LIABLE FOR:
i. ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR
ii. ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS, REGARDLESS OF LEGAL THEORY.
THESE EXCLUSIONS OR LIMITATIONS WILL APPLY REGARDLESS OF WHETHER OR NOT ZUBERSOFT OR ANY OF ITS AFFILIATES HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES.
IF YOU USE THE SERVICES FOR ANY COMMERCIAL, BUSINESS OR RE-SALE PURPOSE, ZUBERSOFT, ITS AFFILIATES, SUPPLIERS OR DISTRIBUTORS WILL HAVE NO LIABILITY TO YOU FOR ANY LOSS OF PROFIT, LOSS OF BUSINESS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY. ZUBERSOFT AND ITS AFFILIATES AREN'T RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICES.
OTHER THAN FOR THE TYPES OF LIABILITY WE CANNOT LIMIT BY LAW (AS DESCRIBED IN THIS SECTION), WE LIMIT OUR LIABILITY TO YOU TO $15 USD
Resolving Disputes
Let's Try To Sort Things Out First. We want to address your concerns without needing a formal legal case. Before filing a claim against Zubersoft, you agree to try to resolve the dispute informally by contacting support@zubersoft.com. We'll try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 15 days of submission, you or Zubersoft may bring a formal proceeding.
Judicial forum for disputes. You and Zubersoft agree that any judicial proceeding to resolve claims relating to these Terms or the Services will be brought in the federal or state courts of Multnomah County, Oregon, subject to the mandatory arbitration provisions below. Both you and Zubersoft consent to venue and personal jurisdiction in such courts. If you reside in a country (for example, European Union member states) with laws that give consumers the right to bring disputes in their local courts, this paragraph doesn't affect those requirements.
IF YOU'RE A U.S. RESIDENT, YOU ALSO AGREE TO THE FOLLOWING MANDATORY ARBITRATION PROVISIONS:
We Both Agree To Arbitrate. You and Zubersoft agree to resolve any claims relating to these Terms or the Services through final and binding arbitration by a single arbitrator, except as set forth under Exceptions to Agreement to Arbitrate below. This includes disputes arising out of or relating to interpretation or application of this "Mandatory Arbitration Provisions" section, including its enforceability, revocability, or validity.
Opt-out of Agreement to Arbitrate. You can decline this agreement to arbitrate by clicking here and submitting the opt-out form within 30 days of first registering your account. However, if you agreed to a previous version of these Terms that allowed you to opt out of arbitration, your previous choice to opt out or not opt out remains binding.
Arbitration Procedures. The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration will be held in the United States county where you live or work, Portland (OR), or any other location we agree to.
Arbitration Fees and Incentives. The AAA rules will govern payment of all arbitration fees. Zubersoft will pay all arbitration fees for individual arbitration for claims less than $75,000. If you receive an arbitration award that is more favorable than any offer we make to resolve the claim, we will pay you $1,000 in addition to the award. Zubersoft will not seek its attorneys' fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.
Exceptions to Agreement to Arbitrate. Either you or Zubersoft may assert claims, if they qualify, in small claims court in Portland (OR) or any United States county where you live or work. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Services, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above. If the agreement to arbitrate is found not to apply to you or your claim, you agree to the exclusive jurisdiction of the state and federal courts in Multnomah County, Oregon to resolve your claim.
NO CLASS ACTIONS. You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren't allowed. If this specific paragraph is held unenforceable, then the entirety of this "Mandatory Arbitration Provisions" section will be deemed void.
Controlling Law
These Terms will be governed by Oregon law except for its conflicts of laws principles. However, some countries (including those in the European Union) have laws that require agreements to be governed by the local laws of the consumer's country. This paragraph doesn't override those laws.
Entire Agreement
These Terms constitute the entire agreement between you and Zubersoft with respect to the subject matter of these Terms, and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms. These Terms create no third party beneficiary rights.
Waiver, Severability & Assignment
Zubersoft's failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any such attempt will be void. Zubersoft may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.
Modifications
We may revise these Terms from time to time to better reflect:
(a) changes to the law,
(b) new regulatory requirements, or
(c) improvements or enhancements made to our Services.
We may update our Terms and Conditions from time to time. Thus, you are advised to review this page periodically for any changes. We will notify you of any changes by posting the new Terms and Conditions on this page. These changes are effective immediately after they are posted on this page.
If you don't agree to the updates we make, please uninstall MobileSheets and discontinue use before they become effective. A refund will only be granted for purchases made through Google Play or the Zubersoft FastSpring store within 13 days of the updates. By continuing to use or access the Services after the updates come into effect, you agree to be bound by the revised Terms.
Contact Us
If you have any questions or suggestions about our Terms and Conditions, please e-mail support@zubersoft.com.
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