We are not responsible if our Clients choose not to provide this information to their Users.
MOSI HUB Intelligent Systems is a brand of Nagy Business Services.
Nagy Business Services with its registered address at Feldbreiteplatz 4, 6032 Emmen, Switzerland (“NBS”, “We”) is committed to protecting and respecting your privacy. This policy (together with our Website Terms and other third party documents referred to on it) sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed. Please read the following carefully to understand our views and practices regarding your personal data.
Use of the services by Our Customer
Customers of NBS – MOSI HUB use this service to provide customer services.
We may transfer Personal Information to companies that help us provide the Service to you.
Please take note that our third-party providers control and are responsible for correcting, deleting or updating information they have collected from you when using the Service.
If requested to remove data we will respond within a reasonable timeframe, and work with you and the third-party providers removing the information requested by you from our platforms.
Our agreements with our customers prohibit them from using the Service to collect, manage, or process Sensitive Information. We are not responsible for our customers’ use of information they collect on the Service.
The use of the MOSI HUB website is possible without any need for you to provide personal data; however, if you would like us to contact you or to provide you with services, processing of your personal data will be necessary.
The processing of personal data, such as your name, address, e-mail address, or telephone number always complies with the General Data Protection Regulation (GDPR) and any the country-specific data protection regulations that may apply. By means of this data protection declaration, NBS sets out the nature, scope, and purpose of the personal data we collect, use and process. Furthermore, individuals are informed about the rights to which they are entitled.
As the data controller, we have implemented numerous technical and organizational measures to ensure the most complete protection of personal data processed through this website. However, Internet-based data transmissions might experience security gaps, so absolute protection cannot be guaranteed. For this reason, every data subject is free to transfer personal data to us via alternative means, e.g. by telephone.
2. Who Is Responsible for Data Processing and How Can I Contact Them?
In relation to any personal data about you which you provide to us, the data controller is Nagy Business Services of Feldbreiteplatz 4, 6032 Emmen, Switzerland. You can reach us at: email@example.com
3. Information we may collect from you
- a) Anyone who may visit the public areas of the MOSI HUB website without disclosing personal data apart from the IP address of your computer. Any other information is only requested by NBS if we need it to provide services to you or to fulfil requests you may have, such as registering, ordering documents, subscribing to a newsletter etc.
When you use our website for informational purposes, only, and for as long as you do not provide us with any information about you, then we only collect data that is technically necessary for us to show you our website and to ensure its stability and security (legal basis is Art. 6 (1) (f) GDPR). Such data are:
- b) Information about the collection of Personal Data when you register on our website
If you want to enjoy content on our website tailored for you, use or request our services, access additional content, you must subscribe/register to gain access.
The Personal Data we collect upon registration may include the following, depending on what you have provided:
- Name and Contact Details (first name, last name, email address, postal address). • Registration Information (preferences, participation details of an event, food requests, special assistance requests for an event, event ticket prices). • Geographical Data (information about where you are located, such as country, city, postal code).
- Interests and Preferences (your interests and preferences related to our products and solutions and what you have downloaded from www.mosihub.com).
The purpose of collecting Personal Data upon registration is to allow you to influence the content we serve you with by reflecting your own personal needs and preferences. In addition, you enable us to provide you with information on specific topics via your preferred channel (website, email, postal, phone), if you have opted to receive such information. Our objective is to make it easier for you to engage and interact with our products and solution portfolios, receive offerings, and purchase products via the MOSI HUB website.
According to Art. 6(1)(b) GDPR the processing of your data is necessary for fulfilling a contract by using our service. Or for carrying out pre-contractual measures, since without this we cannot provide you with the service or take pre-contractual measures.
- c) Information about the collection of Personal Data when you email us or fill in a form
When you contact us by e-mail, through a form on our website (such as the registration form to request assistance or use our services, or to download a publication), or through other areas on the website, the information you provide (your e-mail address and, your first name and last name, plus information explicitly asked for, or further information you provide us with) will be stored by us to answer your questions, to process transactions that you have requested, to pass on information about MOSI HUB products and solutions (legal basis is Art. 6(1)(b) GDPR).
- d) Information about the use of Personal Data when we choose Custom Audiences on third-party sites
We sometimes define Custom Audiences to deliver advertisements to Website Visitors on third-party sites (mainly social media sites, e.g. Facebook, LinkedIn, etc.) based on email addresses that we have collected. For example, on Facebook we use Facebook Custom Audiences and on LinkedIn we use Matched Audiences. On these social media websites, we sometimes can Identify information about you, such as demographic and other information, such as your academic title, industry, or organization, to improve our marketing efforts. You will learn more about these programs under the following links:
Information we receive from other sources.
We may receive information about you if you use any of the other websites we operate or the other services we provide. We also work closely with third parties (including, for example, business partners, sub-contractors in technical, payment and delivery services, analytics providers, search information providers) and may receive information about you from them.
What are Cookies?
Cookies are small text files placed and download in the User’s computer’s browser used to store information to recognize the User, remember the User’s preferences and provide a more secure online experience.
Cookies generally do not hold any information to identify an individual person but are instead used to identify a browser on an individual machine. Cookies, by themselves, do not let us know the User´s email address or other personal information unless the User choose to provide this information to us by, for example, completing a Form. Once the User chooses to provide Personal Information to a website, this information may be linked to the data stored in the cookie.
Cookies can be referred to as session cookies or persistent cookies, depending on how long they are used:
Session cookies only last for the User´s online session and disappear from their computer or device when Users close their browser.
Persistent cookies stay on the User’s computer or device after the browser has been closed and last for the period of time specified in the cookie. These persistent cookies may be checked each time the User visits the website where the cookie was generated or, in the case of third-party cookies, from another site that also uses the same service.
Some of the cookies we use are responsible to store the conversational dialogue which you will have to create and submit to us so we can provide the service to you. These cookies will store your data until you submit the dialogue questionnaire. To prevent losing your work, please do not delete nor clear the cookie content from your browser before submitting your complete dialogue questionnaire.
If a User wants to control which cookies accept or not, the User may configure its own browser to accept all cookies or to be alerted every time a cookie is offered by a website’s server. Most browsers automatically accept cookies.
The User can set its browser option to refuse receiving cookies and can also delete existing cookies. Please note, if the User chooses to block all cookies, our Site and/or our third party websites will not function as intended and the User will not be able to use or access any of the services we provide. If the User have blocked all cookies and wish to make full use of the features and Services the User will need to enable their cookies.
The User must be aware that in case the User does not configure its browser, the User will be accepting cookies provided by this Site and/or third party websites necessary to provide the Service to the User.
Such as cookies from our payment service provider Stripe, these cookies are used for processing payment and to aid in fraud detection.
Other tracking methods
Cookies are not the only way to recognize or track visitors to a website. We may employ a software technology called clear gifs (a.k.a. Web Beacons), that help us better manage the Website and Subscription Service by informing us what content is effective. Clear gifs are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of Web users. In contrast to cookies, which are stored on a user’s computer hard drive, clear gifs are embedded invisibly on Web pages or in emails and are about the size of the period at the end of this sentence. We may use clear gifs or pixels in our HTML-based emails to let us know which emails have been opened by recipients. This allows us to measure the effectiveness of certain communications and the effectiveness of our marketing campaigns. We tie the information gathered by clear gifs in emails to our customers’ Personal Information.
4. How we use your information
We use information held about you in the following ways:
- to carry out our obligations arising from any contracts entered into between you and us and to provide you with the information, products and services that you request from us;
- to provide you with information about goods or services we feel may interest you. If you are an existing customer, we may contact you by various methods with information about goods and services similar to those which were the subject of a previous sale or negotiations of a sale to you.
If you are a new customer, we will contact you by electronic means only if you have consented to this. If you do not want us to use your data in this way, please tick the relevant box situated on the form on which we collect your data during the sign-up process;
- to notify you about changes to our service;
- to ensure that content from our site is presented in the most effective manner for you and for your computer.
- to administer the website and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;
- to allow you to participate in interactive features of the service, when you choose to do so;
- as part of our efforts to keep the website safe and secure;
- to measure or understand the effectiveness of advertising we serve to you and others, and to deliver relevant advertising to you;
- to make suggestions and recommendations to you and other users of the website about goods or services that may interest you or them.
- Information we receive from other sources. We may combine this information with information you give to us and information we collect about you. We may use this information and the combined information for the purposes set out above (depending on the types of information we receive).
5. Disclosure of your information
Personal Information may be disclosed by NBS, when necessary, to authorities, other companies within the same NBS affiliates, NBS’ partners and to other third parties, such as third party service providers used in connection with NBS – MOSI HUB Service and services related thereto.
We employ other companies and people to provide services to visitors to our Websites, our customers, and users of the Service and may need to share your information with them to provide information, products or services to you. Examples may include, providing marketing assistance, cloud based data hosting, processing credit card payments, etc. In all cases where we share your information with such agents, we suggest the agent to acknowledge and adhere to our privacy and customer data handling policies.
If the Client uses its own or third-party code, applications, services or technology in connection with its use of the Services, NBS will not support or be responsible for such code, applications, services or technology. If the Client chooses to install, access or enable a Third-Party Offering, the Client agrees that NBS may share with and receive from the third-party provider certain messaging and other data as needed for the interoperation or integration of such Third-Party Offering and that the third-party provider’s use of such data is governed by the Client’s separate agreement with such third-party provider.
We may share your information with selected third parties including:
- Business partners, suppliers and sub-contractors for the performance of any contract we enter into with them or you.
- Analytics and search engine providers that assist us in the improvement and optimization of the website.
We may disclose your personal information to third parties:
- In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets.
- We reserve the right to use or disclose your Personal Information if required by law or if we reasonably believe that use or disclosure is necessary to protect the rights or property of NBS, our business partners, suppliers or clients, and others when we have reasonable grounds to believe that such rights or property have been or could be affected, protect your safety or the safety of others, investigate fraud, or comply with a law, court order, or legal process.
6. Data protection provisions about the application and use of LinkedIn
NBS uses integrated components of LinkedIn on our website.
LinkedIn is a web-based social network that enables users with existing business contacts to connect and to make new business contacts. Over 400 million registered people in more than 200 countries use LinkedIn. Thus, LinkedIn is currently the largest platform for business contacts and one of the most visited websites in the world.
With each call-up to one of the individual pages of the NBS website on which a LinkedIn component (LinkedIn plug-in) is integrated, your browser is automatically prompted to download a display of the corresponding LinkedIn plug-in. Further information about the LinkedIn plug-in is available at https://developer.linkedin.com/plugins. The result is that LinkedIn gains knowledge of what page of our website you visit.
If you are logged in at the same time to the LinkedIn website, LinkedIn detects what specific sub-pages of our Internet page you visit. This information is collected through the LinkedIn component and associated with your LinkedIn account. If you click on one of the LinkedIn buttons integrated on our website, then LinkedIn assigns this information to your personal LinkedIn user account and stores the personal data.
LinkedIn receives information via the LinkedIn component when you visit our website if you are logged into LinkedIn at the same time. This occurs regardless of whether you click the LinkedIn button or not. If you wish to prevent the transmission of information to LinkedIn, then you should sign out of LinkedIn using the NBS website.
7. Data protection provisions about the application and use of Twitter
Twitter is a multilingual, publicly-accessible microblogging service on which users may publish and spread so-called ‘tweets,’ e.g. short messages, which are limited to 280 characters. These short messages are available for everyone, including those who are not logged on to Twitter. The tweets are also displayed to so-called followers of the respective user. Followers are other Twitter users who follow a user’s tweets. Furthermore, Twitter allows you to address a wide audience via hashtags, links or retweets.
The operating company of Twitter is Twitter, Inc., 1355 Market Street, Suite 900, San Francisco, CA 94103, UNITED STATES.
We have integrated a Twitter component in our website. The purpose of the Twitter component is to allow visitors to tweet content from our website and share that content with their followers and the wider digital world. With each call to a page in the NBS site, your browser is automatically prompted to download a display of the corresponding Twitter component. Further information about the Twitter buttons is available online. The Twitter component tells Twitter what pages you visit on our site.
If you are logged in at the same time on Twitter, Twitter learns what pages you visit on our site. This information is collected through the Twitter component and associated with your Twitter account. If you click on one of the Twitter buttons integrated on our website, then Twitter assigns this information to your personal Twitter user account and stores the personal data.
Twitter receives information via the Twitter component that you visited our website, if you are logged in on Twitter at the time. This occurs regardless of whether you click on the Twitter component or not. If such a transmission of information to Twitter is not desirable, then you can prevent this by logging off from their Twitter account before accessing our website. The applicable data protection provisions of Twitter are available online.
8. Data protection provisions about the application and use of Facebook
NBS uses integrated components of Facebook on our website.
Facebook is a social network. A social network is a place for social meetings on the Internet, an online community, which usually allows users to communicate with each other and interact in a virtual space. A social network may serve as a platform for the exchange of opinions and experiences or enable the Internet community to provide personal or business-related information. Facebook allows social network users to include the creation of private profiles, upload photos, and network through friend requests.
The operating company of Facebook is Facebook, Inc., 1 Hacker Way, Menlo Park, CA 94025, United States. If a person lives outside of the United States or Canada, the controller is the Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland.
NBS has integrated a Facebook component into our website. When you visit a page on the site, the Facebook plug-in makes Facebook aware of the visit. You can read an overview of Facebook plug-ins online.
If you are logged in at the same time on Facebook, Facebook detects what pages you visit. This information is collected through the Facebook plug-in. If you click on one of the Facebook buttons integrated into our website, e.g. the “Like” button, or if you submit a comment, Facebook matches this information with your personal Facebook user account and stores the personal data.
Facebook always receives, through the Facebook plug-in, information about your visits to our website if you are logged in at the same time to Facebook during that visit. This occurs regardless of whether you click on the Facebook component or not. If you do not want this data to be sent to Facebook, then you can prevent this by logging off from your Facebook account before you visit our website.
The data protection guideline published by Facebook provides information about the collection, processing and use of personal data by Facebook. In addition, it explains what setting options Facebook offers to protect your privacy. In addition, different configuration options are made available to stop data transmission to Facebook.
9. Data protection provisions about the application and use of YouTube
NBS uses integrated components of YouTube on our website. YouTube allows us to share videos about our products and other topics with you without charge.
The operating company of YouTube is YouTube, LLC, 901 Cherry Ave., San Bruno, CA 94066, UNITED STATES. The YouTube, LLC is a subsidiary of Google Inc., 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, UNITED STATES.
Calls to website pages where YouTube is integrated prompts the transmission of information to YouTube. You can find information about YouTube online.
If you are logged in on YouTube when you visit our website, YouTube recognizes visits to pages with the integrated YouTube component and records that information, which is collected by YouTube and Google and associated with your YouTube account, if you are logged into YouTube at the time. This occurs regardless of whether you click on a YouTube video or not. If you do not want to share this information with YouTube and Google, you should sign out of your YouTube account before accessing our website. YouTube’s data protection provisions provide information about the collection, processing and use of personal data by YouTube and Google.
10. Storage of Your Personal Data
- a) Retention of Your Personal Data
To offer you the best customer experience, we store the Personal Data provided by you during your interactions with NBS.
We delete data after the storage is no longer required. For tracking information acquired through our Newsletters see below (“Newsletter Tracking”), we may need to keep data beyond that period if statutory retention rules require us to do so. In such scenarios, we will restrict the processing to what is needed to fulfil the statutory retention rules. For data retention in the context of our use of Google Analytics see below (“Google Analytics”).
Personal Data provided to NBS by you online may be linked to information passed on to NBS when services or products are ordered.
- b) Where we store your personal data
Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorized access.
- c) Deletion of Your Personal Data
NBS will provide you with information about what Personal Data of yours we store. You can get information about your stored data at any time and we will respond within a reasonable timeframe. You may at any time assert your right to correct incorrect information, or to delete your data. If you wish to do so, please contact us at firstname.lastname@example.org .
- d) Security Measures we Apply When Holding Your Data
Taking into account the current state of computer technology, the costs of implementation and the nature, scope, context and purposes of processing as well as the risk of varying likelihood and severity for the rights and freedoms of natural persons NBS makes appropriate effort to protect Personal Data against accidental and illegal destruction and loss. NBS endeavours to ensure that Personal Data is used in a proper manner and to protect it from unauthorized access,use, or disclosure.
We use a combination of process, technology and physical security controls to help protect personal information from unauthorized access, use, or disclosure.
Access to personal information is restricted to those employees, contractors, and agents of NBS who need to know such data to perform their assigned functions and develop or improve our products and services.
Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.
- e) We do not store any payment related sensitive information on our servers. Payment transactions are handled by our third-party service providers. Any payment transactions are encrypted.
11. Data protection provisions about the application and use of STRIPE
NBS uses integrated components of Stripe on our website.
Stripe is a technology company that builds economic infrastructure for the internet. Businesses of every size—from new start-ups to public companies—use their software to accept payments and manage their businesses online.
Stripe has been audited by a PCI-certified auditor and is certified to PCI Service Provider Level 1. This is the most stringent level of certification available in the payments industry. To accomplish this, they make use of best-in-class security tools and practices to maintain a high level of security at Stripe.
Residents of the European Economic Area (EEA) and Switzerland. The entity responsible for the collection and processing of Personal Data for residents of the EEA and Switzerland is Stripe Payments Europe, Ltd., a company incorporated in Ireland and with offices at 1 Grand Canal Street Lower, Grand Canal Dock, Dublin. To exercise your rights, the Data Protection Officer may be contacted via email@example.com.
12. Your rights as a Data Subject
You have the right to access according to Art. 15 GDPR, rectification according to Art. 16 GDPR, erasure according to Art. 17 GDPR, restriction of processing according to Art. 18 GDPR, and – if applicable – data portability according to Art. 20 GDPR.
Where we use your Personal Data based on Art. 6(1)(f) GDPR you further have the right to object against our use of your Personal Data. We shall no longer process such Personal Data unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms. If you want to exercise your right to object in such a scenario, please contact us at: firstname.lastname@example.org.
Where we process your Personal Data on the basis of your consent you can revoke that consent at any time. The revocation does not affect the legality of the processing carried out on the basis of the consent prior to the revocation. If you want to withdraw your consent, please contact us at: email@example.com
For your safety and ours, we may need to authenticate your identity before fulfilling your request.
Furthermore, if applicable on you, there is also a right to lodge a complaint with an appropriate data privacy regulatory authority (Article 77 GDPR).
12. To What Extent Is There Automated Decision-Making?
We generally do not use any automated decision-making pursuant to Article 22 GDPR. If we use this procedure in individual cases, we will inform you of this separately, as long as this is a legal requirement.
In the case if you instruct us to implement an automated decision-making bot you are responsible for complying with Article 22 GDPR. NBS - MOSI HUB is not responsible or liable for non-compliance on your part.
14. Your Personal Data in NBS Marketing and Promotion Activities
- a) General
In addition to the processing of your Personal Data for purchasing reasons, we may use your information for the following marketing purposes (legal basis is Art. 6(1)(f) GDPR):
- Sending interest-related newsletters • Inviting you to attend events and webinars • Informing you about the latest product and software releases, product recommendations, market trends/insights and promotions • Inviting you to participate in surveys in order to help us to improve our communication and communication platforms • Provide you with emails containing updates about technical developments and similar information.
Sometimes, we may ask you for your consent with respect to our marketing and promotional endeavours (legal basis then is Art. 6(1)(a) GDPR).
- b) Opting-out from Our Communications
You can always unsubscribe from any or all NBS marketing or promotional communications by clicking the ‘Unsubscribe’ link in the communication Your request will be processed immediately. You then will automatically be unsubscribed from all further informative communications such as events, webinars, products and solutions, product release highlights etc. (except if you limit your opting-out to specific categories of messages). You can also object against such use of your Personal Data by contacting us at: firstname.lastname@example.org .
Where we process your Personal Data on the basis of your consent you can revoke that consent at any time. The revocation does not affect the legality of the processing carried out on the basis of the consent prior to the revocation. If you want to withdraw your consent, please contact us at: email@example.com
You can always change your preferences by clicking ‘Manage my Preferences’ in any marketing communication you receive.
15. Google Analytics & other Google services
To constantly improve and optimize our NBS product and service offerings, we use web tracking technologies. For this we use Google Analytics, a Web analytics tool offered by Google Inc. (“Google”, www.google.com) that provides statistics and tracks web traffic.
Google Analytics requires the placing of “cookies” on the device from which you access the web pages. These cookies enable us to analyse the use of our web pages by you. In addition, for the purpose of identifying trends and improving our online offer, usage data such as the page last visited, the browser used, date, time, etc. are being evaluated. The information generated by the cookie about the use of the web pages are usually transmitted to a Google server in the USA and stored there. Google has submitted to the EU-US Privacy Shield, https://www.privacyshield.gov/EU-US Framework.
NBS uses Google’s services by enabling the IP anonymization feature. This leads to Google storing the user’s IP address only in a shortened format, resulting in anonymization / masking. The anonymization or masking of the IP takes place after the IP addresses arrive in the Google Analytics data collection network, but before any storage or processing of the data takes place. For more information, see: IP Anonymization in Google Analytics.
On behalf of NBS, Google uses the information obtained from cookies to evaluate the use of the web pages by you, to compile reports on web page activity and to provide other services related to web page activity and internet usage to NBS. This is our legitimate interest in data processing. The legal basis for the use of Google Analytics is Article 6(1)(f) GDPR.
In addition, data submitted to Google via the Google Analytics service is linked by Google with third-party cookies associated with visits to other websites, such as when an advertiser uses their Google Analytics data to create more relevant ads or would like to more accurately analyse their traffic. More about this can be found under the explanatory page about Google Analytics provided by Google.
You can prevent the cookie generated information (including your IP address) from being collected, transmitted to Google and processed by Google by downloading and installing this browser plug-in (effective only for the device on which you install the browser plug-in): (not for mobile devices).
You can also prevent the placing of cookies on your device by changing the settings in your browser software.
Additional information about the third-party provider:
- Information about Data Protection provided by Google (overview): http://www.google.com/intl/de/analytics/learn/privacy.html
Terms & Conditions
MOSI HUB INTELLIGENT SYSTEMS is a brand of Nagy Business Services.
This Terms and Conditions constitute an agreement (Agreement) between Nagy Business Services - MOSI HUB Intelligent Systems`s clients (“Customer”) and Nagy Business Services - MOSI HUB INTELLIGENT SYSTEMS (“MOSI HUB”), (each, alone “Party,” and collectively, the “Parties”), a Company duly incorporated in Emmen, Feldbreiteplatz 4, 6032 Emmen, Switzerland, governing the access to the Services and the www.mosihub.com site (the “Site”), software, data feeds, information, tools, features, and functionality available on the Site.
By using our Service, you are agreeing to these terms. Please read them carefully.
This Agreement is effective as of the date Customer clicks to accept the Agreement (the "Effective Date"). If you are accepting on behalf of Customer, you represent and warrant that: (i) you have full legal authority to bind Customer to this Agreement; (ii) you have read and understand this Agreement; and (iii) you agree, on behalf of Customer, to this Agreement. If you do not have the legal authority to bind Customer, please do not click to accept. This Agreement governs Customer's access to and use of the Service. For an offline variant of this Agreement, you may contact Mosi Hub for more information at firstname.lastname@example.org
- Online Billing. At the end of the applicable Fee Accrual Period, Mosi Hub will issue an electronic bill to Customer for all charges accrued above the Fee Threshold based on Customer's use of the Services during the previous Fee Accrual Period. For use above the Fee Threshold, Customer will be responsible for all Fees up to the amount set in the Account and will pay all Fees in the currency set forth in the invoice. If Customer elects to pay by credit card, debit card, or other non-invoiced form of payment, Mosi Hub will charge (and Customer will pay) all Fees immediately at the end of the Fee Accrual Period. If Customer elects to pay by invoice (and Mosi Hub agrees), all Fees are due as set forth in the invoice. Customer's obligation to pay all Fees is non-cancellable. Mosi Hub's measurement of Customer's use of the Services is final. Mosi Hub has no obligation to provide multiple bills. Payments made via wire transfer must include the bank information provided by Mosi Hub.
1.1 Taxes. (a) Customer is responsible for any Taxes, and Customer will pay Mosi Hub for the Services without any reduction for Taxes. If Mosi Hub is obligated to collect or pay Taxes, the Taxes will be invoiced to Customer, unless Customer provides Mosi Hub with a timely and valid tax exemption certificate authorized by the appropriate taxing authority. In some states the sales tax is due on the total purchase price at the time of sale and must be invoiced and collected at the time of the sale. If Customer is required by law to withhold any Taxes from its payments to Mosi Hub, Customer must provide Mosi Hub with an official tax receipt or other appropriate documentation to support such withholding. If under the applicable tax legislation the Services are subject to local VAT and the Customer is required to make a withholding of local VAT from amounts payable to Mosi Hub, the value of Services calculated in accordance with the above procedure will be increased (grossed up) by the Customer for the respective amount of local VAT and the grossed up amount will be regarded as a VAT inclusive price. Local VAT amount withheld from the VAT-inclusive price will be remitted to the applicable local tax entity by the Customer and Customer will ensure that Mosi Hub will receives payment for its services for the net amount as would otherwise be due (the VAT inclusive price less the local VAT withheld and remitted to applicable tax authority).
(b) If required under applicable law, Customer will provide Mosi Hub with applicable tax identification information that Mosi Hub may require to ensure its compliance with applicable tax regulations and authorities in applicable jurisdictions. Customer will be liable to pay (or reimburse Mosi Hub for) any taxes, interest, penalties or fines arising out of any mis-declaration by the Customer.
1.3 Invoice Disputes & Refunds. Any invoice disputes must be submitted prior to the payment due date. If the parties determine that certain billing inaccuracies are attributable to Mosi Hub, Mosi Hub will not issue a corrected invoice, but will instead issue a credit memo specifying the incorrect amount in the affected invoice. If the disputed invoice has not yet been paid, Mosi Hub will apply the credit memo amount to the disputed invoice and Customer will be responsible for paying the resulting net balance due on that invoice. To the fullest extent permitted by law, Customer waives all claims relating to Fees unless claimed within sixty days after charged (this does not affect any Customer rights with its credit card issuer). Refunds (if any) are at the discretion of Mosi Hub and will only be in the form of credit for the Services. Nothing in this Agreement obligates Mosi Hub to extend credit to any party.
1.4 Delinquent Payments; Suspension. Late payments may bear interest at the rate of 1.5% per month (or the highest rate permitted by law, if less) from the payment due date until paid in full. Customer will be responsible for all reasonable expenses (including attorneys' fees) incurred by Mosi Hub in collecting such delinquent amounts. If Customer is late on payment for the Services, Mosi Hub may Suspend the Services or terminate the Agreement for breach pursuant to Section 9.1.
1.5 No Purchase Order Number Required. For clarity, Customer is obligated to pay all applicable Fees without any requirement for Mosi Hub to provide a purchase order number on Mosi Hub's invoice (or otherwise).
2.1 Customer is solely responsible for its Customer Data and for making sure its Applications comply with Sections 2.2, 2.3 and 2.4. Mosi Hub reserves the right to review the Application and Customer Data for compliance with Sections 2.2, 2.3 and 2.4. Customer is responsible for ensuring all Customer End Users comply with the Customer’s obligations under Sections 2.3 and 2.4 below
2.2 Privacy. Customer will obtain and maintain any required consents necessary to permit the processing of Customer Data under this Agreement. Customer will comply with all applicable privacy laws and regulations including those applying to personally identifiable information (“PII”). Customer will accurately describe to users of their Mosi Hub supported service what user information you the Customer collect and how you the Customer use and share such information with Mosi Hub and third parties.
2.3 Security. Customer will use commercially reasonable efforts to protect user information collected by our service, including PII, from unauthorized access or use and will promptly report to end-users any unauthorized access or use of such information to the extent required by applicable law, if Customer elects to use own database.
2.4 Restrictions. Customer will not, and will not allow third parties under its control to: (a) copy, modify, create a derivative work of, reverse engineer, decompile, translate, disassemble, or otherwise attempt to extract any or all of the source code of the Services (b) Perform an action with the intent of introducing to Mosi Hub products and services any viruses, worms, defects, Trojan horses, malware, or any items of a destructive nature (c) Defame, abuse, harass, stalk, or threaten others (d) Scrape, build databases, or otherwise create permanent copies of such content, or keep cached copies longer than permitted by the cache header (e) sublicense, resell, or distribute any or all of the Services (f) process or store any Customer Data that is subject to the International Traffic in Arms Regulations maintained by the Department of State (g) use the service for any activities where use or failure of the service could lead to death, personal injury or environmental damage.
3.1 Violations. If Mosi Hub becomes aware that Customer's or any Customer End User's use of the Services violates Sections 2.2, 2.3 and 2.4, Mosi Hub will give Customer notice of the violation by requesting that Customer correct the violation. If Customer fails to correct the violation within 24 hours of Mosi Hub's request, then Mosi Hub may Suspend all or part of Customer's use of the Services until the violation is corrected.
3.2 Other Suspension. Notwithstanding Section 3.1 (Violations) Mosi Hub may immediately Suspend all or part of Customer's use of the Services if: (a) Mosi Hub believes Customer's or any Customer End User's use of the Services could adversely impact the Services, other customers' or their end users' use of the Services, or the Mosi Hub network or servers used to provide the Services, which may include: (b) there is suspected unauthorized third-party access to the Services; (c) Mosi Hub believes it is required to Suspend immediately to comply with applicable law; or (d) Customer is in breach of Section 2.4 (Restrictions). Mosi Hub will lift any such Suspension when the circumstances giving rise to the Suspension have been resolved. At Customer's request, unless prohibited by applicable law, Mosi Hub will notify Customer of the basis for the Suspension as soon as is reasonably possible.
4.1 Content ownership. You retain ownership of all the content you provide Mosi Hub. When you upload, submit, store, send or receive content to or through our Services, you give Mosi Hub (and those we work with) a worldwide license to use, host, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display and distribute such content. The rights you grant in this license are for the limited purpose of operating, promoting, and improving our Services, and to develop new ones.
4.2 Data portability. Mosi Hub supports data portability. In cases where Mosi Hub uses or stores Customer Data, Mosi Hub agrees to enable Customer to export their equivalent data to other services or applications of their choice, subject to applicable laws, and the Customer agrees not to make the data available to third parties who do note also abide by this obligation.
4.3 Mosi Hub IP. Using our Services does not give you ownership of any intellectual property rights in our Services. You may not use content from our Services unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our Services. Don’t remove, obscure, or alter any legal notices displayed in or along with our Services.
5.1 Discontinuance of Services. Subject to Section 5.2, Mosi Hub may discontinue any Services or any portion or feature for any reason at any time without liability to Customer.
5.2 Deprecation Policy. Mosi Hub will announce if it intends to discontinue or make backwards incompatible changes to the Services specified at the www.mosihub.com/terms in the next sentence. Mosi Hub will use commercially reasonable efforts to continue to operate those Services versions and features identified at www.mosihub.com/terms without these changes for at least one year after that announcement, unless (as Mosi Hub determines in its reasonable good faith judgment):
(i) required by law or third party relationship (including if there is a change in applicable law or relationship), or
(ii) doing so could create a security risk or substantial economic or material technical burden.
6.1 Data security. All facilities used to store, and process Customer Data will adhere to reasonable security standards no less protective than the security standards at facilities where our partner Google processes and stores its own information of a similar type. Google has implemented at least industry standard systems and procedures to (i) ensure the security and confidentiality of an Application and Customer Data, (ii) protect against anticipated threats or hazards to the security or integrity of an Application and Customer Data, and (iii) protect against unauthorized access to or use of an Application and Customer Data.
7.1 Monitoring APIs. Mosi Hub uses third-party APIs as part of its service solution. CUSTOMER AGREES THAT OUR TRUSTED SUPPLIERS MAY MONITOR USE OF THE APIS TO ENSURE QUALITY, IMPROVE MOSI HUB SERVICES AND VERIFY YOUR COMPLIANCE WITH THE TERMS. Customer will not interfere with this monitoring. Mosi Hub may suspend access to these APIs by you without notice if we reasonably believe that you are in violation of the Terms.
8.1 Modifications. Mosi Hub may make changes to this Agreement, including pricing (and any linked documents) from time to time. Unless otherwise noted by Mosi Hub, material changes to the Agreement will become effective 30 days after they are posted, except if the changes apply to new functionality in which case they will be effective immediately. Mosi Hub will provide at least 90 days' advance notice for materially adverse changes to any SLAs by either: (i) sending an email to Customer's primary point of contact; or (ii) posting a notice to the applicable SLA webpage. If Customer does not agree to the revised Agreement, please stop using the Service. Mosi Hub will post any modification to this Agreement to the Terms at www.mosihub.com/terms.
9.1 Termination for Breach. Either party may terminate this Agreement for breach if: (i) the other party is in material breach of the Agreement and fails to cure that breach within thirty days after receipt of written notice; (ii) the other party ceases its business operations or becomes subject to insolvency proceedings and the proceedings are not dismissed within ninety days; or (iii) the other party is in material breach of this Agreement more than two times notwithstanding any cure of such breaches. In addition, Mosi Hub may terminate any, all, or any portion of the Services if Customer meets any of the conditions in Section 9.1(i), (ii), and/or (iii).
9.2 Termination for Convenience. Customer may stop using the Services at any time. Customer may terminate this Agreement for its convenience at any time on prior written notice and upon termination, must cease use of the applicable Services. Mosi Hub may terminate this Agreement for its convenience at any time without liability to Customer.
9.3 Effect of Termination. If the Agreement is terminated, then: (i) the rights granted by one party to the other will immediately cease; (ii) all Fees owed by Customer to Mosi Hub are immediately due upon receipt of the final electronic bill; (iii) Customer will delete the Software and any Customer Data; and (iv) upon request, each party will use commercially reasonable efforts to return or destroy all Confidential Information of the other party.
10.1 Brand Features. "Brand Features" is defined as the trade names, trademarks, service marks, logos, domain names, and other distinctive brand features of each party. Except where expressly stated, the Terms do not grant either party any right, title, or interest in or to the other party's Brand Features. All use by you of Mosi Hub's Brand Features (including any goodwill associated therewith) will inure to the benefit of Mosi Hub.
11.1 Representations and Warranties. Each party represents and warrants that: (a) it has full power and authority to enter into the Agreement; and (b) it will comply with all laws and regulations applicable to its provision, or use, of the Services, as applicable. Mosi Hub warrants that it will provide the Services in accordance with the applicable SLA (if any).
12.1. Disclaimer. EXCEPT AS EXPRESSLY PROVIDED FOR IN THIS AGREEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MOSI HUB AND ITS SUPPLIERS DO NOT MAKE ANY OTHER WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE AND NONINFRINGEMENT. NEITHER MOSI HUB NOR ITS SUPPLIERS, WARRANTS THAT THE OPERATION OF THE SOFTWARE OR THE SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED. NEITHER THE SOFTWARE NOR THE SERVICES ARE DESIGNED, MANUFACTURED, OR INTENDED FOR HIGH RISK ACTIVITIES.
13.1 Limitation on Indirect Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER PARTY, NOR NAGY BUSINESS SERVICES -MOSI HUB'S SUPPLIERS, WILL BE LIABLE UNDER THIS AGREEMENT FOR LOST REVENUES OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, EVEN IF THE PARTY KNEW OR SHOULD HAVE KNOWN THAT SUCH DAMAGES WERE POSSIBLE AND EVEN IF DIRECT DAMAGES DO NOT SATISFY A REMEDY.
13.2 Limitation on Amount of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER PARTY, NOR NAGY BUSINESS SERVICES - MOSI HUB'S SUPPLIERS, MAY BE HELD LIABLE UNDER THIS AGREEMENT FOR MORE THAN THE AMOUNT PAID BY CUSTOMER TO NAGY BUSINESS SERVICES - MOSI HUB UNDER THIS AGREEMENT DURING THE TWELVE MONTHS PRIOR TO THE EVENT GIVING RISE TO LIABILITY.
13.3 Exceptions to Limitations. These limitations of liability do not apply to violations of a party's Intellectual Property Rights by the other party, indemnification obligations, or Customer's payment obligations.
14.1 By Customer. Unless prohibited by applicable law, Customer will defend and indemnify Mosi Hub and its Affiliates against Indemnified Liabilities in any Third-Party Legal Proceeding to the extent arising from: (i) any Service, Customer Data or Customer Brand Features; or (ii) Customer's, or Customer End Users', use of the Services in violation of Sections 2.2, 2.3 and 2.4.
14.2 By Mosi Hub. Mosi Hub will defend and indemnify Customer and its Affiliates against Indemnified Liabilities in any Third-Party Legal Proceeding to the extent arising solely from an Allegation that use of (a) Mosi Hub's technology used to provide the Services or (b) any Mosi Hub Brand Feature infringes or misappropriates the third party's patent, copyright, trade secret, or trademark.
14.3 Exclusions. This Section 14 will not apply to the extent the underlying Allegation arises from:
- the indemnified party's breach of this Agreement;
- modifications to the indemnifying party's technology or Brand Features by anyone other than the indemnifying party;
- combination of the indemnifying party's technology or Brand Features with materials not provided by the indemnifying party; or
- use of non-current or unsupported versions of the Services or Brand Features;
14.4 Conditions. Sections 14.1 and 14.2 will apply only to the extent:
- The indemnified party has promptly notified the indemnifying party in writing of any Allegation(s) that preceded the Third-Party Legal Proceeding and cooperates reasonably with the indemnifying party to resolve the Allegation(s) and Third-Party Legal Proceeding. If breach of this Section 14.4(a) prejudices the defense of the Third-Party Legal Proceeding, the indemnifying party's obligations under Section 14.1 or 14.2 (as applicable) will be reduced in proportion to the prejudice.
- The indemnified party tenders sole control of the indemnified portion of the Third-Party Legal Proceeding to the indemnifying party, subject to the following: (i) the indemnified party may appoint its own non-controlling counsel, at its own expense; and (ii) any settlement requiring the indemnified party to admit liability, pay money, or take (or refrain from taking) any action, will require the indemnified party's prior written consent, not to be unreasonably withheld, conditioned, or delayed.
- If Mosi Hub reasonably believes the Services might infringe a third party's Intellectual Property Rights, then Mosi Hub may, at its sole option and expense: (a) procure the right for Customer to continue using the Services; (b) modify the Services to make them non-infringing without materially reducing their functionality; or (c) replace the Services with a non-infringing, functionally equivalent alternative.
- If Mosi Hub does not believe the remedies in Section 14.5(a) are commercially reasonable, then Mosi Hub may Suspend or terminate Customer's use of the impacted Services.
14.6 Sole Rights and Obligations. Without affecting either party's termination rights, this Section 14 states the parties' only rights and obligations under this Agreement for any third party's Intellectual Property Rights Allegations and Third-Party Legal Proceedings.
15.1 Governing Law. If you are a business user in the European Economic Area or Switzerland: these terms are governed by English law and you and Mosi Hub submit to the exclusive jurisdiction of the English courts in relation to any dispute arising out of or relating to these terms, but Mosi Hub will still be allowed to apply for injunctive remedies (or other equivalent types of urgent legal remedy) in any jurisdiction.
15.2 Notices. All notices must be in writing and addressed to the other party's legal department and primary point of contact. The email address for notices being sent to Mosi Hub's Legal Department is email@example.com notices will be treated as given on receipt as verified by written or automated receipt or by electronic log (as applicable).
15.3 Force Majeure. Neither party will be liable for failure or delay in performance to the extent caused by circumstances beyond its reasonable control.
15.4 No Agency. This Agreement does not create any agency, partnership or joint venture between the parties.
15.5 No Waiver. Neither party will be treated as having waived any rights by not exercising (or delaying the exercise of) any rights under this Agreement.
15.6 Severability. If any term (or part of a term) of this Agreement is invalid, illegal, or unenforceable, the rest of the Agreement will remain in effect.
15.7 No Third-Party Beneficiaries. This Agreement does not confer any benefits on any third party unless it expressly states that it does.
15.8 Equitable Relief. Nothing in this Agreement will limit either party's ability to seek equitable relief.
with respect to this SLA, Mosi Hub will make a determination in good faith based on its and its third-party system logs, monitoring reports, configuration records, and other available information.