These Terms of Service (“Terms”) govern your access to and use of the Mobiscroll website, Mobiscroll Connect, developer dashboards, and related online services operated by Acid Media SRL (“Mobiscroll”, “we”, “us”, “our”).
By accessing or using any Mobiscroll Services (as defined below), you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the Mobiscroll Services.
If you enter into an Order Form, SaaS UI License Agreement, DPA, or other written agreement with Mobiscroll, that agreement will prevail over these Terms to the extent of any conflict, as explained below.
1. Relationship with Other Mobiscroll Agreements
1.1 Mobiscroll UI – EULA (Internal Software).
Use of the downloadable Mobiscroll UI framework, components, libraries, and related SDKs in internal software (applications used only by you and your organization, not by multiple external customers) is governed exclusively by the Mobiscroll End User License Agreement (“EULA”) available here.
1.2 Mobiscroll UI – SaaS UI License Agreement (Multi-Customer Software).
If you use Mobiscroll UI in multi-customer software (including SaaS, on-premise deployments, white-label products, platform products, or similar), this use is governed by:
The Mobiscroll SaaS UI License Agreement (or similarly titled written agreement) between you and Mobiscroll; and
The EULA, to the extent it is not overridden by that SaaS UI License Agreement.
1.3 Scope of These Terms.
These Terms govern:
Your use of Mobiscroll Connect (our hosted/API service that help allow Developers to build systems that enable calendar synchronization for their End Users);
Your use of our website, Documentation, developer dashboards, and support portals; and
Your Account and commercial relationship with Mobiscroll to the extent not already governed by the EULA or a SaaS UI License Agreement.
These Terms do not grant or modify license rights for Mobiscroll UI. All license rights and restrictions for Mobiscroll UI come from the EULA and, where applicable, the SaaS UI License Agreement.
1.4 Data Processing Agreement (DPA) and Order Forms.
Where Mobiscroll Connect processes personal data on your behalf, a Data Processing Agreement (“DPA”) applies and forms part of your agreement with us. Commercial details (such as plan, term, and pricing) may be set out in a subscription plan, Order Form, or similar document.
1.5 Order of Precedence.
If there is any conflict between documents, the following order of precedence applies for the relevant subject matter:
DPA – for personal data processing and data protection obligations;
SaaS UI License Agreement – for Mobiscroll UI in multi-customer software;
EULA – for licensing and use of Mobiscroll UI;
Order Form / commercial agreement – for pricing, term, and plan-specific commercial terms;
These Terms – for Mobiscroll Connect, website/dashboards, and general terms;
Documentation and other online materials.
2. Definitions
For the purposes of these Terms:
“Account” means a Mobiscroll account created by or for you to access Mobiscroll Connect, Mobiscroll UI downloads, community forum or dashboards.
“Customer”, “you”, “your” means the individual or legal entity that accepts these Terms.
“Customer Application” means an application, product, or service you build that may use Mobiscroll UI, Mobiscroll Connect, or both.
“Customer Data” means any data, including personal data, that you or your end users submit to Mobiscroll Connect for processing.
“Documentation” means our technical documentation, code samples, and usage guides.
“Mobiscroll Connect” means our hosted/API services and related infrastructure that process Customer Data and provide scheduling, calendar synchronization, or similar functionality.
“Mobiscroll Services” means Mobiscroll Connect, our website, Documentation, dashboards, support portals, and any other online services we provide (but excluding license rights to Mobiscroll UI, which are governed by the EULA and, if applicable, a SaaS UI License Agreement).
“Order Form” means any order, online checkout, or quotation accepted by you and Mobiscroll describing your subscription, usage limits, and fees for Mobiscroll Services.
“SaaS UI License Agreement” means any additional license agreement between you and Mobiscroll that governs use of Mobiscroll UI in multi-customer software (SaaS, on-prem, white-label, platform products, etc.).
“Service Data” means operational and usage data generated by Mobiscroll Services (e.g., logs, metrics, performance data), excluding Customer Data.
3. Eligibility and Accounts
3.1 Eligibility.
You may use Mobiscroll Services only if you:
Are at least 18 years old;
Have the legal authority to bind your company or organization (if you use Mobiscroll Services on its behalf); and
Are not barred from using such services under applicable law.
3.2 Account Registration.
To use Mobiscroll Connect or certain parts of Mobiscroll Services you must create an Account and provide accurate, complete, and up-to-date information. You must keep this information current.
3.3 Account Security.
You are responsible for:
Maintaining the confidentiality of your Account credentials and API keys;
All activities that occur under your Account, whether or not authorized by you.
You must promptly notify us of any actual or suspected unauthorized use of your Account or any security incident.
3.4 Suspension or Termination of Accounts.
We may suspend or terminate your Account or access to Mobiscroll Services if:
You violate these Terms, the EULA, the SaaS UI License Agreement, the DPA, or applicable law;
Your use poses a security, operational, or legal risk; or
We are required to do so by law or competent authority.
We reserve the right to terminate anyone's Account at any time at our sole discretion without giving a reason.
4. Scope of Mobiscroll Services
4.1 Mobiscroll Connect (Hosted/API Service).
Mobiscroll Connect is a hosted platform and set of APIs that enable scheduling, calendar synchronization, and related capabilities by processing Customer Data on your behalf.
4.2 Website, Developer Dashboards, and Documentation.
Our website and dashboards provide:
Information about Mobiscroll products and services;
Access to Documentation and code samples;
License/subscription management;
Technical and account support channels.
4.3 Mobiscroll UI (Clarification Only).
These Terms do not grant or modify license rights for Mobiscroll UI. Your rights and restrictions for Mobiscroll UI are governed exclusively by:
The EULA, and
The SaaS UI License Agreement (if applicable to your multi-customer use case).
These Terms may still govern how you access downloads or support via the website and dashboards.
5. License and Use Rights for Mobiscroll Services
5.1 Mobiscroll Connect Access Rights.
Subject to these Terms, the DPA, any applicable Order Form, and your timely payment of all fees, Mobiscroll grants you a non-exclusive, non-transferable, non-sublicensable, revocable right to:
Access and use Mobiscroll Connect and its APIs;
Integrate Mobiscroll Connect into your Applications;
Allow your authorized employees and contractors to use Mobiscroll Connect solely for your benefit.
5.2 Website and Documentation License.
Mobiscroll grants you a limited, non-exclusive, non-transferable license to access and use the website and Documentation solely to:
Evaluate Mobiscroll products;
Integrate Mobiscroll Connect;
Use Mobiscroll UI in accordance with the EULA and any SaaS UI License Agreement.
5.3 Restrictions for Mobiscroll Services.
You shall not:
Copy, reproduce, or create derivative works of Mobiscroll Services (except as permitted by the APIs and Documentation);
Reverse engineer, decompile, or attempt to extract source code, except where permitted by law;
Use Mobiscroll Services to build or improve a competing service or platform;
Resell, rent, or provide Mobiscroll Connect as a stand-alone service to third parties, except as allowed by an Order Form or separate written agreement;
Circumvent or attempt to circumvent any usage limits, quotas, authentication, or technical protections.
6. Customer Data and Data Protection (Mobiscroll Connect)
6.1 Ownership.
As between you and Mobiscroll, you own all rights to Customer Data. You are solely responsible for the accuracy, content, and legality of Customer Data and how you obtain it.
6.2 Roles of the Parties.
For Customer Data processed via Mobiscroll Connect:
You act as data controller (or equivalent under applicable law);
Mobiscroll acts as data processor (or equivalent).
6.3 Processing Instructions.
You instruct Mobiscroll to process Customer Data only:
As necessary to provide Mobiscroll Connect and related support;
As documented in the DPA;
As required by law.
6.4 Compliance and Legal Basis.
You represent and warrant that:
You have obtained all necessary rights and consents to submit Customer Data to Mobiscroll Connect;
Your use of Mobiscroll Connect and processing of Customer Data via your Customer Applications will comply with all applicable data protection laws.
6.5 Data Processing Agreement.
Where required by law, or where Mobiscroll Connect processes personal data on your behalf, a DPA applies.
6.6 Service Data.
Mobiscroll may generate and use Service Data to:
Operate, maintain, and secure Mobiscroll Services;
Monitor performance and capacity;
Develop and improve features and functionality.
Service Data does not include Customer Data and is owned by Mobiscroll.
6.7 Retention and Deletion.
Customer Data will be retained for as long as necessary to provide Mobiscroll Connect, fulfill legal obligations, or as otherwise described in the DPA. Upon termination or expiry of your subscription, Customer Data will be deleted or anonymized in accordance with the DPA, subject to any legal retention requirements.
7. Sub-Processors
Mobiscroll may use third-party service providers (“Sub-processors”) to provide Mobiscroll Connect (for example, cloud hosting, storage, or monitoring services).
8. Acceptable Use
You shall not, and shall ensure that your users do not, use Mobiscroll Services to:
Violate any applicable law or third-party rights;
Store, transmit, or process unlawful, defamatory, offensive, or infringing content;
Upload or distribute viruses, malware, or harmful code;
Attempt to gain unauthorized access to Mobiscroll infrastructure or other users’ data;
Perform abusive activities such as denial-of-service attacks or excessive automated requests beyond reasonable usage or agreed limits;
Misrepresent your identity or affiliation;
Use Mobiscroll Services for high-risk, emergency, or life-critical applications where failure could result in death, personal injury, or severe environmental or property damage.
Mobiscroll may suspend or restrict access to Mobiscroll Services in case of suspected or actual violations of this Section.
9. Fees, Billing, and Renewals (Mobiscroll Services)
9.1 Fees.
Fees for Mobiscroll Connect and other paid Mobiscroll Services are specified:
On the website pricing pages; and/or
In your Order Form.
Licensing fees for Mobiscroll UI are governed by the applicable commercial terms, EULA, and/or SaaS UI License Agreement.
9.2 Billing and Payment.
You authorize Mobiscroll or its payment processor to charge all applicable fees using your provided payment method. You are responsible for all taxes, levies, or duties imposed by taxing authorities, other than taxes on Mobiscroll’s income.
9.3 Auto-Renewal.
Unless otherwise provided in an Order Form:
Subscriptions to Mobiscroll Connect renew automatically at the end of the current term for successive periods of the same length;
You may cancel renewal in accordance with the notice periods set out on the website or in your Order Form.
9.4 Late or Non-Payment.
If any payment is overdue:
Mobiscroll may suspend or limit access to Mobiscroll Services until payment is made; and
Interest and/or collection costs may apply as permitted by law.
9.5 Refunds.
Except where expressly stated (including any specific refund or trial policy) or required by law, all fees are non-refundable.
10. Support and Changes to Mobiscroll Services
10.1 Support.
Mobiscroll may provide support for Mobiscroll Services in accordance with:
Your plan or Order Form; and
Any published support policies.
Support terms specific to Mobiscroll UI are further governed by the EULA and any applicable SaaS UI License Agreement.
10.2 Changes to Mobiscroll Connect and Website.
We may modify, update, or discontinue features of Mobiscroll Services from time to time. Where changes materially reduce core functionality of a paid plan, we will provide reasonable advance notice where practicable.
Mobiscroll Connect is not designed or intended for emergency, life-critical, or safety-critical systems.
11. Intellectual Property
11.1 Ownership.
Mobiscroll and its licensors own all rights, title, and interest in and to:
Mobiscroll Services;
Mobiscroll UI and its components (as further set out in the EULA and any SaaS UI License Agreement);
All Documentation, logos, trademarks, and branding.
Except as expressly set out in these Terms, the EULA, or a SaaS UI License Agreement, no property rights are granted to you.
11.2 Feedback.
If you provide ideas, suggestions, or feedback (“Feedback”), you grant Mobiscroll a perpetual, irrevocable, worldwide, royalty-free license to use, modify, and incorporate the Feedback into its products and services without obligation to you.
12. Confidentiality
Each party may receive non-public information from the other party designated as confidential or that should reasonably be understood to be confidential (“Confidential Information”).
Each party agrees to:
Use the other party’s Confidential Information only as necessary to perform its obligations under these Terms or any related agreement;
Not disclose Confidential Information to any third party, except to employees, contractors, or advisors who need to know and are bound by confidentiality obligations;
Protect Confidential Information with reasonable care.
The obligations in this Section do not apply to information that:
Is or becomes publicly available without breach;
Was lawfully known to the receiving party before disclosure;
Is independently developed without use of Confidential Information; or
Must be disclosed by law or authority (with prior notice where legally permitted).
13. Warranties and Disclaimers
13.1 Mobiscroll Services.
Mobiscroll Services are provided “as is” and “as available”. To the fullest extent permitted by law, Mobiscroll disclaims all warranties, whether express, implied, or statutory, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
13.2 Mobiscroll UI.
Warranties and disclaimers for Mobiscroll UI are set out in the EULA and any applicable SaaS UI License Agreement, and are not repeated here.
13.3 No Guarantee.
Mobiscroll does not represent or warrant that:
Mobiscroll Services will be uninterrupted, error-free, or secure;
Data processed through Mobiscroll Connect will be accurate or complete when originating from third-party systems or Customer Applications.
You are responsible for validating and reviewing any outputs before relying on them.
14. Limitation of Liability
To the fullest extent permitted by law:
14.1 Exclusion of Certain Damages.
Mobiscroll will not be liable for any:
Indirect, incidental, special, consequential, or punitive damages;
Loss of profits, revenue, goodwill, or data;
Business interruption or replacement costs,
even if Mobiscroll has been advised of the possibility of such damages.
14.2 Aggregate Cap.
Mobiscroll’s total liability arising out of or relating to these Terms or Mobiscroll Services will not exceed one hundred euro (€100).
14.3 Exceptions.
Nothing in these Terms limits liability for:
Death or personal injury caused by negligence where such limitation is unlawful;
Fraud or fraudulent misrepresentation; or
Any other liability that cannot be excluded or limited by applicable law.
14.4 Mobiscroll UI.
Limitations of liability specific to Mobiscroll UI are also set out in the EULA and any applicable SaaS UI License Agreement.
15. Indemnification
15.1 Your Indemnity to Mobiscroll.
You agree to indemnify, defend, and hold harmless Mobiscroll and its affiliates from and against any claims, damages, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to:
Your use of Mobiscroll Services in violation of these Terms or applicable law;
Your processing of Customer Data via Mobiscroll Connect without a proper legal basis or in violation of data protection laws;
Your Customer Applications and your relationship with your own end users.
16. Term and Termination
16.1 Term.
These Terms apply from the moment you first access Mobiscroll Services and continue until terminated as set out below.
16.2 Termination by You.
You may stop using Mobiscroll Services at any time. If you wish to terminate paid subscriptions, you must follow the process and notice periods set out on the website or in your Order Form.
16.3 Termination by Mobiscroll.
Mobiscroll may terminate or suspend your access to Mobiscroll Services if:
You materially breach these Terms or any related agreement and do not cure the breach within thirty (30) days after written notice (where curable);
You use Mobiscroll Services in a manner that creates legal, security, or operational risks;
We are required to do so by law or competent authority.
16.4 Effect of Termination.
Upon termination:
Your right to use Mobiscroll Services (including Mobiscroll Connect) will cease;
We will handle Customer Data in accordance with the DPA;
Any payment obligations accrued before termination remain due.
Termination of these Terms does not automatically terminate or affect your rights under the Mobiscroll UI EULA or any SaaS UI License Agreement, which continue in accordance with their terms.
17. Changes to These Terms
We may update these Terms from time to time. When we do, we will revise the “Last updated” date.
If you continue to use Mobiscroll Services after the updated Terms become effective, you are deemed to accept the changes. If you do not agree, you must stop using Mobiscroll Services.
18. Governing Law and Dispute Resolution
18.1 Governing Law.
These Terms are governed by the laws of Romania, without regard to its conflict of laws rules.
18.2 Venue.
Any disputes arising out of or in connection with these Terms or Mobiscroll Services shall be subject to the exclusive jurisdiction of the competent courts in Romania, unless otherwise required by mandatory law.
This is without prejudice to any dispute resolution or arbitration provisions in the EULA, any SaaS UI License Agreement, the DPA, or any separate master agreement you may have with Mobiscroll.
19. Miscellaneous
Entire Agreement.
For Mobiscroll Services, these Terms, together with the Privacy Policy, Cookie Policy any DPA, any relevant Order Form, and any related written agreements, constitute the entire agreement between you and Mobiscroll. For Mobiscroll UI licensing, the EULA and, where applicable, the SaaS UI License Agreement constitute the governing agreements.No Assignment by You.
You may not assign or transfer these Terms without Mobiscroll’s prior written consent. Mobiscroll may assign these Terms in connection with a merger, acquisition, or sale of assets.Severability.
If any provision of these Terms is held invalid or unenforceable, the remaining provisions will remain in full force and effect.No Waiver.
Failure to enforce any provision of these Terms is not a waiver of that provision.
20. Contact
If you have any questions about these Terms or Mobiscroll Services, please contact:
Acid Media SRL.
RO19333154
Dambovitei 12, Targu Mures, Mures, 540495, Romania
support@mobiscroll.com
