Except as provided in this paragraph, this Agreement may not be amended.
1. Description of Service
CPIMobi is providing Member with website services. Member must provide (1) all equipment necessary for their own Internet connection, including computer and modem and (2) provide for Member's access to the Internet, and (3) pay any fees relate with such connection.
2. Disclaimer of Warranties
The site is provided by CPIMobi on an "as is" and on an "as available" basis. To the fullest extent permitted by applicable law, CPIMobi makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. CPIMobi shall have no liability for any interruptions in the use of this Website. CPIMobi disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties; therefore the above-referenced exclusion is inapplicable.
3. Limitation of Liability
CPIMOBI SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR CPIMOBI SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEB SITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF CPIMBOI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.
Member agrees to indemnify and hold CPIMobi, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees and costs, made by any third party due to or arising out of Member's use of the Service, the violation of this Agreement, or infringement by Member, or other user of the Service using Member's computer, of any intellectual property or any other right of any person or entity.
5. Modifications and Interruption to Service
CPIMobi reserves the right to modify or discontinue the Service with or without notice to the Member. CPIMobi shall not be liable to Member or any third party should CPIMobi exercise its right to modify or discontinue the Service. Member acknowledges and accepts that CPIMobi does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
6. Third-Party Sites
7. Disclaimer Regarding Accuracy of Vendor Information
Product specifications and other information have either been provided by the Vendors or collected from publicly available sources. While CPIMobi makes every effort to ensure that the information on this website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this website. CPIMobi makes no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and you acknowledge that any Website reliance on representations and warranties provided by any Vendor shall be at your own risk.
8. Compliance with Laws
Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
CPIMobi retains the right, at our sole discretion, to terminate any accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, CPIMobi reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion.
10. Other Terms
Copyright and Trademark Information
1. Trademark Information
CPIMobi, the CPIMobi logo, are registered trademarks of CPIMobi. All other marks are the property of their respective owners. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with CPIMobi.
2. Copyright Information
All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is ©2014 CPIMobi, with all rights reserved, or is the property of CPIMobi and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of CPIMobi is strictly prohibited. Members agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of CPIMobi.
Last updated: Sept. 23, 2015
All personal information that the user provides in the course of all business relations that CPIMobi collects through use of the websites and services and the user voluntarily submits will of course be handled by CPIMobi in regards to applicable data protection legal provisions.
I. Which personal information does CPIMobi collect, process and store?
CPIMobi collects, processes and stores that personal information that CPIMobi collects from the user or the user voluntarily submits (for instance in forms or elsewhere on websites or for services operated by CPIMobi) in electronic or any other form of communication.
To register to use the websites or services from CPIMobi the users needs to submit certain personal information. This includes among other things names, position in the company and email address.
The following describes which information is stored by CPIMobi:
When a user makes use of websites or services operated by CPIMobi, the latter automatically saves the domain name and/or IP address of the computer used to contact CPIMobi; the date as well as the length of the visit at websites and services operated by CPIMobi for instance through cookies; as well as pages accessed by the user on CPIMobi operated websites and services as well as the browser used.
Mobile Use of CPIMobi Services:
Users can also access content and services from CPIMobi on mobile devices (such as smartphones or other mobile devices that use the Apple iOS, Google Android etc.). CPIMobi additionally stores the device's identification number (i.e. UDID or IMEI) that accesses the content as well as the standard technical information such as the operating system version and the device type to enable the user to access the content or service.
CPIMobi stores the email addresses of its users if they are submitted. The user can either submit their email address voluntarily via contact form through the websites or services of CPIMobi or submit it in the course of direct communication with CPIMobi.
Information resulting from communication with CPIMobi:
When the user submits a ticket to CPIMobi customer support, CPIMobi saves the history of communication with the user as well as the information submitted by the user in the course of the communication (for example the email address), to answer their inquiry as best we can. CPIMobi does not share this information with third parties.
Other, voluntarily submitted information about the user:
CPIMobi always strives to improve its offerings and services as well as to adapt them to its users. Therefore the user can submit additional information to CPIMobi as part of the use of CPIMobi offers and services or in the course of direct communication with CPIMobi such as name, address, age, gender, interests and, if applicable, payment data (if the user processes a payment via CPIMobi). The user can also allow CPIMobi to record their usage behavior on partner websites.
Usage data of users of offers from publishers (publisher-user):
The publisher who works with CPIMobi shares information about publisher-user's usage behavior with CPIMobi. CPIMobi needs the publisher-user's data so that the user can receive benefits for offers from the publisher. In doing so, the publisher assigns each user a personal ("UserID") connected with the usage data. The UserID can only be read out by the publisher. CPIMobi cannot directly associate the usage data shared by the publishers via the UserID with the user. The identity of the publisher-user can only be determined by CPIMobi if the publisher-user itself initiates such a request.
Therefore, the information transmitted to CPIMobi by the publishers is not related to one individual unless the publisher-user disclosed its identity thus waiving the protection of his private information (for instance accessing the publisher's content with a user name connected to the real name or entering the email address on the publisher's website). In this case, but not solely, CPIMobi is entitled to the above-mentioned rights to use the personal information.
II. How does CPIMobi use personal information?
Usage data from users and publisher-users:
Optimization of the service
CPIMobi collects, processes, and stores users' personal information, in so far as CPIMobi sees legitimate business purposes for it. In other words: CPIMobi collects, processes, and stores the user data to better understand users of their websites and services and thus offer them better services. CPIMobi can, for instance, not only use the information stored for direct processing of the agreement concluded with the user (i.e. use of services, creation of invoices, use of customer support), but we can also use it to identify malfunctions and/or misuse of CPIMobi websites and services.
Prevention and combat of abuse
Therefore, CPIMobi logs and stores information on the use of CPIMobi websites and services such as activity on the publisher's website and regard to customers' advertisements or services. These include the monitoring of behavior patterns and checking for manipulations that can be useful in detecting misuse or improper activity by the user or user-publisher. CPIMobi uses special software, for example, to detect the use of illicit scripts and identify the IP address as well as other data in regard to the behavior of users and publisher-users. If CPIMobi determines that a user or user-publisher violates its contractual obligations, for instance by using illicit scripts, CPIMobi explicitly reserves the right to bring the user's or user-publisher's data together with other data stored by CPIMobi on this person to prove the violation. CPIMobi will then possibly take additional measures against the users or publisher-users concerned to restore normal operation.
Billing of services
CPIMobi is entitled to share user data with the service provider responsible for payment processing insofar as this is required for billing. CPIMobi is also entitled to provide user data to third parties authorized to collect outstanding balances, insofar as this information is required or useful to collect the balance. CPIMobi will inform the user of the name of the third party. If CPIMobi cooperates with third parties for these services, CPIMobi will obligate them to observe applicable data protection laws and guarantee sufficient data protection.
CPIMobi is entitled to use the information stored by and from the user or publisher-user to evaluate demography, interests and user behavior. This occurs anonymously. CPIMobi is also entitled to analyze information stored about the user or publisher-user in an anonymous, statistical and aggregate form. If and to the extent to which CPIMobi uses data to create user profiles, CPIMobi will never share the profiles with third parties without the consent of the person concerned and will immediately cease the use of the user profile if said objects to it.
Personalized offers tailored to the user
CPIMobi may allow third parties to contact the user for advertising purposes. As long as the user does not object to the use of its user data for this purpose, advertising can be sent that matches his or her profile and interests (based on the information submitted to CPIMobi as well as the actions within CPIMobi websites and services. This information cannot be attributed to the user, unless the user voluntarily made this information known on a website operated by or on behalf of CPIMobi.
CPIMobi can use the email addresses acquired through an offer from CPIMobi or received directly from the user, to send the user newsletters and information on CPIMobi offers. The user can of course withdraw this consent in writing at any time (for example via email) at no charge, apart from costs incurred for transmission of the withdrawal (at the basic rates). The user will have the opportunity in every information and newsletter sent by CPIMobi to unsubscribe or send a cancellation notice.
Miscellaneous, voluntarily submitted information:
If the user voluntarily shares personal information on request by CPIMobi, then CPIMobi will use this information with his or her consent so that the user receives personalized special offers.
III. Which information does CPIMobi share?
Personal and pseudonymized user data are used solely by CPIMobi and not shared with third parties. Third parties receive information about user behavior only without being able to attribute it to a specific person.
Personal information about the user
CPIMobi will use and when necessary share personal information in the course of fraud prevention and detection.
CPIMobi will transmit user's personal information to advertisers only when the user redeems a promotional offer of such a partner company participates in a survey and the information is required for processing or for participation in the survey.
CPIMobi will not provide third parties with email addresses or information from the communication with customer support or other information volunteered to CPIMobi.
IV. Change or delete personal information
The user and publisher-user can their change personal information at any time (for example to update or correct it) or delete their information altogether. The user or publisher-user can contact firstname.lastname@example.org if they would like CPIMobi to change or stop using their information. CPIMobi will change or delete the user's or publisher-user's information as quickly as possible. However, CPIMobi points out that due to technical and organizational constraints, it is possible that some ongoing measures or those have not yet begun may continue to be carried out after CPIMobi the request for deletion has been made.
V. Disclosure of personal information
On request, CPIMobi will disclose all of the information stored about the user or publisher-user immediately and at no charge. This information will always be conveyed in electronic form - normally via email.
What is personal information?
Personal information is information that can be attributed to an identified or identifiable user. This information can be used to contact or identify the user outside of the website and the services of CPIMobi. This information includes, for instance, the user's name, email address, telephone number, and mailing address or credit card details.
What is user data?
User data is information that CPIMobi collects, processes and stores when the website is used. User data include in particular the features necessary to identify the user (such as the domain name and/or IP address of the computer used to contact CPIMobi, which can be used to determine the location of the computer), information about the start and end of the respective use of the CPIMobi websites and services as well as information about the pages accessed.
What are IP addresses?
IP addresses serve to identify devices that are connected to the Internet. Every computer connected to the Internet can be attributed to a specific IP address or combination of numbers.
What are UDID and IMEI?
The UDID and IMEI serve as identification of mobile devices. The iPhone manufacturer Apple Inc. uses the so-called UDID, whereas the IMEI is used for other mobile devices. The codes are stored in the devices and cannot be modified by the user.
What is a cookie?
A cookie is a small text file that websites and services operated by CPIMobi - transfer to the cookie file of the user's browser so that the website and services can identify you the next time you visit. A cookie typically contains the name of the domain from which the cookie has come, the "life span" of the cookie, and a value, usually a randomly generated unique number. With the help of cookies, CPIMobi is able to recognize the user. This can help facilitate the use of CPIMobi websites and services. However, cookies per se cannot be used to identify the user. Of course, CPIMobi websites and services can also be used without cookies if the browser is set to decline cookies. Cookies already placed on the computer can be manually deleted by the user at any time. CPIMobi warns the user that use of its websites and services without cookies may be limited.
Last updated: Sept. 23, 2015
CPIMobi Refund & Funds Policy
1. Funding ways. You can fund your campaigns using PayPal, credit or debit cards and Wire Transfer.
2. Authority. Once you provide us your appropriate payment instrument, you confirm to be allowed to use it. And once you fund the transaction, you authorize us to charge the full amount to the designated funding instrument and let us to collect and store it.
3. Funding fail. When you fund a payment with a debit card and the transactions results in an overdraft or any other type of fee, you are the only one responsible for this.
4. Funding terms. CPIMobi’s Funds (Tokens) is a payment method in order to start any type of an advertising campaign.
4.1. When you receive or purchase these Funds (Tokens), you hava a limited right to use them with certain options inside the CPIMobi dashboard such as creating an app’s advertising campaign.
4.2. You can not sell or transfer the Funds anywhere outside of CPIMobi.
4.3. We are capable of changing the Funds purchase price anytime, as well as the Funds usage and transfer ways.
4.4. Funds are redeemable for only the monetary current value from us unless we agree otherwise in writing or unless required by law.
4.5. CPIMobi have been using the small amounts of free promotional Funds given to our users. We are capable of removing these anytime.
5. At-will use. We may revoke your eligibility to use CPIMobi Payments at any time at our sole discretion.
6. Inquiries. By using CPIMobi Payments, you acknowledge and agree that we may make any inquiries that we consider necessary, either directly or through third parties, concerning your identity and creditworthiness.
7. Right to cancel. We may cancel any transaction if we believe the transaction violates these Terms or the Statement of Rights and Responsibilities, or if we believe doing so
8. Payment limitations. In order to prevent financial loss to you or to us, we may place a delay on a payment for a period of time, or limit funding instruments for a transaction, or limit your ability to make a purchase, or deactivate your account.
9. Sharing of information. In order to prevent financial loss to you or to us, we may contact your funding instrument issuer, law enforcement, or affected third parties (including other users) and share details of any payments you are associated with, if we believe doing so may prevent financial loss or a violation of law.
10. Customer assistance. Subject to this full section, we provide various tools in our CPIMobi Live Chat Support to assist you in communicating with a third party to resolve a dispute arising from a payment transaction.
11. No liability for spend transaction. If you enter into a transaction with a third party and have a dispute over the goods or services you purchased, we have no liability for the goods or services underlying the transaction. Our only responsibility is to handle your funding transaction. All funding transactions are final unless required by law. If you order something that becomes unavailable before it can be provided to you, you may request a refund of your funded amount.
12. Intervention. We may not intervene in disputes concerning payments that may arise between you and a developer, company or organization that was, is or will be working with you.
13. Technical difficulties. If you experience a technical failure or interruption of service that causes your funding transaction to fail, you may request that your transaction be completed at a later time.
Last updated: Sept. 23, 2015