Terms of Service

Introduction

Welcome to Mobana. These Terms of Service ("Terms," "Agreement") constitute a legally binding agreement between you and BinVision Solutions Inc. ("BinVision," "Company," "we," "us," or "our"), a British Columbia corporation, governing your access to and use of the Mobana platform, website, APIs, SDKs, and related services (collectively, the "Service").

If you do not agree to these Terms, you may not access or use the Service.

1. Definitions

The following terms have the meanings set forth below:

• "Affiliate" means any entity that directly or indirectly controls, is controlled by, or is under common control with a party.
• "Attribution" means the process of matching an advertisement click to a subsequent mobile application installation.
• "Confidential Information" means any non-public information disclosed by one party to the other that is designated as confidential or that reasonably should be understood to be confidential.
• "Customer" or "you" means the individual or entity that registers for and uses the Service.
• "Customer Data" means all data, content, and information submitted by Customer to the Service.
• "Documentation" means the user guides, help files, and other documentation provided by Mobana for the Service.
• "End User" means an individual who uses Customer's mobile application.
• "End User Data" means data collected from or about End Users through the Service.
• "Fees" means the subscription fees and any other charges payable by Customer for use of the Service.
• "SDK" means the software development kit provided by Mobana for integration with Customer's mobile applications.
• "Service" means the Mobana platform, including the website, APIs, SDKs, and related services.
• "Subscription Term" means the period during which Customer has paid access to the Service.

2. Account Registration

2.1 Account Creation

To use the Service, you must create an account by providing accurate and complete information. You agree to:

• Provide truthful, accurate, and complete registration information
• Maintain and promptly update your account information
• Keep your login credentials secure and confidential
• Notify us immediately of any unauthorized use of your account

2.2 Account Eligibility

You must be at least 18 years old and capable of forming a binding contract to use the Service. By creating an account, you represent and warrant that you meet these requirements.

2.3 Account Security

You are responsible for all activities that occur under your account. We are not liable for any loss or damage arising from unauthorized use of your account credentials.

2.4 One Account Per Entity

Each legal entity may maintain only one account. Multiple accounts for the same entity may be terminated without notice.

3. Description of Service

3.1 Service Overview

Mobana provides mobile application attribution services that enable Customers to:

• Track the effectiveness of advertising campaigns
• Attribute mobile app installations to specific marketing sources
• Analyze conversion events within their mobile applications
• Generate analytics reports on marketing performance

3.2 Service Features

The Service includes:

• Attribution Tracking: Linking ad clicks to app installations using probabilistic and deterministic methods
• Analytics Dashboard: Visualizing campaign performance, attribution data, and conversion metrics
• SDK Integration: React Native SDK for mobile app integration
• API Access: RESTful APIs for programmatic access to attribution and conversion data
• Conversion Tracking: Tracking custom in-app events configured by the Customer

3.3 Service Limitations

You acknowledge that:

3.4 Modifications to Service

We reserve the right to modify, suspend, or discontinue any part of the Service at any time. For material changes that negatively affect your use:

• We will provide at least 30 days' notice
• You may terminate your subscription and receive a pro-rata refund for any prepaid Fees

4. Subscription Plans and Fees

4.1 Available Plans

We offer multiple subscription plans with varying attribution limits, features, and data retention periods. Plan details, including current pricing and feature comparisons, are available on our website at https://mobana.ai.

We reserve the right to modify plan offerings, features, and pricing at any time, subject to the notice provisions in Section 5.5.

4.2 Attribution Counting

• Attributions are counted when a successful match occurs (i.e., when the /find API returns matched: true)
• Clicks without matches, retries with the same install ID, and conversion events are not counted against your limit
• Attribution limits are cumulative across all apps in your account

4.3 Overage

Paid Plans:

If you exceed your plan's included attribution limit on a paid plan:

• Additional attributions will continue to be recorded without interruption
• Overage attributions are billed at your plan's per-attribution rate at the end of your billing period
• We will notify you when you reach 80%, 100%, and 150% of your included limit
• You may upgrade your plan at any time to increase your included limit and receive a lower overage rate

Free Trial:

If you exceed your free trial's attribution limit:

• Additional attributions will not be recorded until the next period or until you upgrade to a paid plan
• We will notify you when you reach 80% and 100% of your limit
• You may upgrade to a paid plan at any time to continue tracking attributions

4.4 Plan Changes

• Upgrades: Take effect immediately; you will be charged a prorated amount for the remainder of the billing period
• Downgrades: Take effect at the start of the next billing period

5. Billing and Payment

5.1 Payment Terms

• Fees are billed in advance on a monthly or annual basis, depending on the plan selected
• All Fees are quoted and payable in United States Dollars (USD)
• Payment is due upon invoice or at the start of each billing period

5.2 Payment Methods

We accept payment via credit card, debit card, or other methods made available through our payment processor (Stripe). You authorize us to charge your selected payment method for all applicable Fees.

5.3 Taxes

Fees are exclusive of all applicable taxes. You are responsible for paying all taxes associated with your use of the Service, excluding taxes based on our net income.

5.4 Late Payment

If payment is not received within 15 days of the due date:

• We may suspend your access to the Service
• We may charge interest at 1.5% per month (or the maximum rate permitted by law, if lower) on overdue amounts

5.5 Price Changes

We may change our Fees upon 30 days' notice. Price changes will take effect at the start of your next billing period following the notice.

6. Cancellation and Refunds

6.1 Free Plan

You may cancel your Free plan at any time with no charges.

6.2 Monthly Subscriptions

• You may cancel your monthly subscription at any time
• Cancellation takes effect at the end of your current billing period
• No refunds are provided for partial months
• You will retain access to the Service until the end of your billing period

6.3 Annual Subscriptions

Annual subscriptions provide discounted pricing in exchange for a longer commitment. If you cancel an annual subscription early:

Refund Calculation:

Where:

• Months Used = Number of full months since the start of your annual subscription
• Monthly Plan Rate = The standard monthly price for your plan (not the discounted annual rate)

If the calculated refund is zero or negative, no refund will be issued.

To request an annual subscription refund:

• Submit a request to [email protected] within 14 days of cancellation
• Include your account email and reason for cancellation
• Refunds are processed within 10 business days

6.4 Billing Errors

If you believe you were charged in error, contact us at [email protected] within 30 days of the charge. We will review the charge and issue a refund if warranted.

6.5 Account Deletion

When you delete your account:

• Any active paid subscription will be immediately cancelled
• No refund will be issued for the remaining subscription period (for monthly plans) or beyond the refund calculation above (for annual plans)
• All data associated with your account will be permanently deleted

7. Acceptable Use Policy

7.1 Permitted Use

You may use the Service only for lawful purposes and in accordance with these Terms. You agree to use the Service only for:

• Attribution and analytics for your own mobile applications
• Applications for which you have proper authorization to collect analytics data

7.2 Prohibited Uses

You agree NOT to use the Service:

7.3 Enforcement

We reserve the right to investigate and take appropriate action against violations of this Acceptable Use Policy, including:

• Suspending or terminating your account
• Removing or disabling access to violating content
• Reporting violations to law enforcement

8. Customer Responsibilities

8.1 Compliance with Laws

You are solely responsible for:

• Ensuring your use of the Service complies with all applicable laws and regulations
• Obtaining any necessary consents from End Users before collecting their data
• Providing appropriate privacy disclosures in your applications
• Complying with platform policies (Apple App Store, Google Play Store)

8.2 Privacy Policy Requirements

You must maintain a privacy policy for your applications that:

• Discloses the collection and use of data for attribution purposes
• Identifies us (or a category of "attribution providers") as a data recipient
• Explains End Users' rights regarding their data
• Complies with applicable privacy laws (GDPR, CCPA, PIPEDA, etc.)

8.3 SDK Integration

You are responsible for:

• Properly integrating our SDK according to the Documentation
• Testing integration before deploying to production
• Keeping the SDK updated to the latest stable version
• Following security best practices in your implementation

8.4 Platform Compliance

You are responsible for compliance with mobile platform requirements, including:

Apple App Store:

• Ensuring your App Store data collection disclosures accurately reflect your use of the Service
• Complying with Apple's App Tracking Transparency (ATT) framework where applicable
• Note: Mobana does not collect IDFA and generally does not require ATT consent; however, you should evaluate your overall app data practices

Google Play Store:

• Completing the Data Safety section accurately to disclose use of the Service
• Disclosing that data is shared with a service provider for analytics/attribution purposes
• Following Google Play Developer Program Policies

We provide guidance documentation to help you complete these disclosures, but ultimate responsibility for platform compliance rests with you.

8.5 Data Accuracy

You acknowledge that the accuracy of attribution data depends on factors within your control, including:

• Proper implementation of tracking links
• Correct SDK integration
• Consistent use of install identifiers
• Accurate configuration of conversion events

9. Data Processing and Privacy

9.1 Privacy Policy

Our collection, use, and protection of data is governed by our Privacy Policy, which is incorporated into these Terms by reference.

9.2 Data Controller and Processor Roles

• For End User Data: You are the data controller and we are the data processor acting on your instructions
• For Customer account data: We are the data controller

9.3 Data Processing Terms

When we process End User Data on your behalf, we will:

• Process data only according to your documented instructions (i.e., through your use of the Service)
• Implement appropriate technical and organizational security measures
• Notify you of any data breach affecting End User Data within 72 hours
• Delete End User Data upon account termination or at your request
• Make available information necessary to demonstrate compliance with data protection obligations

9.4 Sub-processors

We use sub-processors to help provide the Service. A current list is available in our Privacy Policy. We will:

• Enter into written agreements with sub-processors imposing data protection obligations
• Remain responsible for sub-processors' compliance
• Notify you of any changes to sub-processors (you may object within 30 days)

9.5 Data Location

End User Data is processed and stored in the European Union (Germany). Customer account data may be processed by sub-processors in other locations as described in our Privacy Policy.

9.6 Enterprise Data Processing Agreements

Enterprise customers requiring formal Data Processing Agreements (DPAs) may contact us at [email protected].

10. Intellectual Property

10.1 Our Intellectual Property

The Service, including all software, APIs, SDKs, Documentation, and content, is owned by BinVision Solutions Inc. and protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable license to use the Service during your Subscription Term, subject to these Terms.

10.2 Your Intellectual Property

You retain all rights to your Customer Data. You grant us a limited license to use, process, and display your Customer Data solely to provide the Service.

10.3 Feedback

If you provide us with feedback, suggestions, or ideas about the Service ("Feedback"), you grant us a perpetual, irrevocable, royalty-free license to use the Feedback for any purpose, including improving the Service.

10.4 Trademarks

Neither party grants the other any rights to use its trademarks, logos, or service marks without prior written consent.

11. Confidentiality

11.1 Definition

"Confidential Information" includes:

• Your Customer Data
• Our pricing, product roadmaps, and technical information
• Any information marked as confidential
• Any information that a reasonable person would understand to be confidential

11.2 Obligations

Each party agrees to:

• Protect the other's Confidential Information with at least the same care used for its own confidential information
• Use Confidential Information only for purposes of this Agreement
• Not disclose Confidential Information to third parties without prior written consent

11.3 Exceptions

Confidential Information does not include information that:

• Is or becomes publicly available through no fault of the receiving party
• Was rightfully known before disclosure
• Is independently developed without use of Confidential Information
• Is rightfully obtained from a third party

11.4 Required Disclosures

A party may disclose Confidential Information if required by law, provided it gives the other party reasonable notice (if legally permitted) to seek protective measures.

12. Service Availability and Support

12.1 Availability

We strive to maintain high availability of the Service. However, we do not guarantee any specific uptime percentage. The Service may be temporarily unavailable due to:

• Scheduled maintenance (we will provide reasonable advance notice when possible)
• Unscheduled maintenance or emergency repairs
• Factors outside our reasonable control

12.2 Support

• Free Plan: Community support and documentation
• Paid Plans: Email support at [email protected] with response within 2 business days

12.3 Service Level Agreements

Standard subscription plans do not include Service Level Agreements (SLAs). SLAs with uptime guarantees are available as part of our Custom plan. Contact us at [email protected] for details on Custom plan pricing and SLA terms.

13. Disclaimers

13.1 "As Is" Service

13.2 Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• Merchantability: The Service being fit for commercial sale
• Fitness for a Particular Purpose: The Service meeting your specific needs
• Non-Infringement: The Service not infringing third-party rights
• Accuracy: Attribution data being accurate or complete
• Reliability: The Service being uninterrupted or error-free

13.3 Third-Party Services

We are not responsible for any third-party services, including:

• App stores and their policies
• Payment processors
• Your hosting or infrastructure providers
• Advertising platforms

13.4 No Professional Advice

Nothing in the Service constitutes legal, financial, or professional advice. You should consult appropriate professionals for such matters.

14. Limitation of Liability

14.1 Exclusion of Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL BINVISION, ITS AFFILIATES, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR:

• Indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or business opportunities
• Cost of procurement of substitute services
• Any damages arising from:
  • Your use or inability to use the Service
  • Unauthorized access to or alteration of your data
  • Third-party conduct on the Service
  • Any other matter relating to the Service

14.2 Liability Cap

OUR TOTAL LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS SHALL NOT EXCEED THE GREATER OF:

• The total Fees paid by you during the twelve (12) months preceding the claim, OR
• One hundred United States dollars (USD $100)

14.3 Basis of the Bargain

The disclaimers and limitations in Sections 13 and 14 are fundamental elements of the basis of the bargain between you and BinVision. The Service would not be provided without such limitations.

14.4 Exceptions

Nothing in these Terms excludes or limits liability for:

• Death or personal injury caused by negligence
• Fraud or fraudulent misrepresentation
• Any liability that cannot be excluded or limited by applicable law

15. Indemnification

15.1 Your Indemnification Obligations

You agree to indemnify, defend, and hold harmless BinVision, its affiliates, and their respective directors, officers, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any law or regulation
• Your violation of any third-party rights
• Your Customer Data
• Your applications and their use of the Service
• Any claim that your use of the Service in connection with children's applications violates COPPA or similar laws

15.2 Indemnification Procedure

We will:

• Promptly notify you of any claim subject to indemnification
• Provide reasonable cooperation in the defense of the claim
• Allow you to control the defense and settlement, provided you do not admit liability on our behalf without consent

16. Term and Termination

16.1 Term

These Terms are effective when you create an account and continue until terminated.

16.2 Termination by You

You may terminate these Terms at any time by:

• Cancelling your subscription through your account settings
• Deleting your account
• Contacting us at [email protected]

16.3 Termination by Us

We may suspend or terminate your account:

• Immediately without notice if you:
  • Violate the Acceptable Use Policy
  • Fail to pay Fees when due
  • Engage in fraudulent activity
  • Pose a security risk to the Service
• With 30 days' notice for any other reason

16.4 Effect of Termination

Upon termination:

• Your right to use the Service immediately ceases
• We will delete your Customer Data within 30 days (unless retention is required by law)
• You remain liable for any outstanding Fees
• The following sections survive termination: 10 (Intellectual Property), 11 (Confidentiality), 13 (Disclaimers), 14 (Limitation of Liability), 15 (Indemnification), 17 (Dispute Resolution), and 18 (General Provisions)

16.5 Data Export

Before terminating, you may request an export of your data by contacting [email protected]. After termination, we are not obligated to retain or provide your data.

17. Dispute Resolution

17.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without regard to conflict of law principles.

17.2 Informal Resolution

Before initiating formal dispute resolution, you agree to first contact us at [email protected] to attempt to resolve the dispute informally. We will attempt to resolve the dispute within 30 days.

17.3 Arbitration

If informal resolution is unsuccessful, any dispute arising out of or relating to these Terms shall be resolved by binding arbitration administered by the British Columbia International Commercial Arbitration Centre (BCICAC) in accordance with its rules.

• Location: Vancouver, British Columbia, Canada
• Language: English
• Arbitrator: One arbitrator selected in accordance with BCICAC rules
• Award: The arbitrator's award shall be final and binding

17.4 Exceptions to Arbitration

Either party may seek:

• Injunctive or other equitable relief in court to protect intellectual property rights
• Relief in small claims court for disputes within that court's jurisdiction

17.5 Class Action Waiver

18. General Provisions

18.1 Entire Agreement

These Terms, together with the Privacy Policy and any other documents incorporated by reference, constitute the entire agreement between you and BinVision regarding the Service and supersede all prior agreements.

18.2 Amendments

We may modify these Terms at any time. For material changes, we will provide at least 30 days' notice via email or through the Service. Your continued use of the Service after the effective date of changes constitutes acceptance of the modified Terms.

18.3 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.

18.4 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

18.5 Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction.

18.6 Force Majeure

Neither party shall be liable for any failure or delay in performance due to causes beyond its reasonable control, including natural disasters, war, terrorism, labor disputes, government actions, or failure of third-party services.

18.7 Notices

• To you: Notices will be sent to the email address associated with your account or displayed within the Service
• To us: Legal notices must be sent to [email protected] with "Legal Notice" in the subject line

18.8 Third-Party Beneficiaries

These Terms do not create any third-party beneficiary rights.

18.9 Export Compliance

You represent that you are not located in a country subject to a government embargo or designated as a "terrorist supporting" country, and you are not listed on any government list of prohibited or restricted parties.

18.10 Language

These Terms are written in English. Any translation is provided for convenience only; the English version shall control.

19. Contact Information

If you have any questions about these Terms of Service, please contact us: