Last updated: May 17, 2023
These are the terms and conditions of Moropo, an online platform for automated testing and deployment of mobile applications (the “Platform”), owned and operated by Moropo Limited (the “[Company]”).
These terms and conditions apply to any user of the Platform and, where you purchase a subscription for the Platform on behalf of a company or organisation, you warrant and guarantee that you have authority to bind that organisation, and that all users will comply with these terms and conditions when using the Platform.
We may amend these terms and conditions from time to time, and such amendments shall apply to your use of the Platform. Please check back regularly to ensure you are aware of the terms and conditions that apply to you.
1. The Platform
1.1 The Company is the exclusive owner of the Platform, and the Company and/or its licensors own all Intellectual Property rights in the Platform. The Company grants to you a non-exclusive, non-transferable, non-sublicensable, royalty-free licence to use the Platform, subject to these terms and conditions (the “Licence”). The Platform may be accessed by you via a web browser or other device owned or controlled by you. The Platform is designed to allow you to connect and automate your mobile app development workflow. The Platform utilises open source software, which is attributed here.
1.2 The Platform also offers a premium “write for me” service whereby tests are created specifically for your app(s) on your behalf.
1.3 You acknowledge that you are licensed to use the Platform only in accordance with these express terms and conditions, and not further or otherwise. Nothing in these terms and conditions transfers any ownership right in the Platform to you or any other party.
1.4 The Company may modify, add or remove functionality of the Platform from time to time, without liability to you or any third party.
2. Licence Term
2.1 The Licence comes into force when you purchase a subscription to use the Platform, and remains in force for 1 or 12 months depending your package (a “Subscription Term”). At the 1 or 12 month anniversary, the Licence automatically renews for a subsequent Subscription Term, unless and until you provide us with 1 working days’ notice to terminate at the end of a Subscription Term.
2.2 You are solely responsible for the cancellation of your subscription. You may cancel at the end of a Subscription Term, as per clause 2.1 above, by emailing firstname.lastname@example.org or cancelling via the web UI.
2.3 The Company may suspend your access to the Platform, and terminate the Licence, at any time where you (or a member of your organisation) have materially breached these terms and conditions (which includes failing to make payment). Where the Company does so, no refunds will be provided for the then-current period of your subscription.
2.4 Where your Licence ends for any reason, you will no longer have access to the information stored on the Platform. The Company has no obligation to maintain any of your data following termination, and is permitted to delete it once your Licence ends. The Company reserves the right, although is not obliged to, retain your data for a short period for record keeping purposes, or to ensure that any such termination of your Licence has not been inadvertent.
3. The Parties’ Obligations
3.1 The Company is not obliged to provide copies of the Platform (including copies of any source code) to you.
3.2 You agree to use the Platform in compliance with applicable law and regulation.
3.3 You will not, and will not allow third parties to:
3.3.1 use the Platform to upload, transit or otherwise distribute any unlawful, threatening, defamatory, harassing, fraudulent, obscene, abusive or otherwise objectionable content, or that may contain viruses, malicious code or any other items of a harmful nature;
3.3.2 use the Platform for fraudulent or inappropriate purposes;
3.3.3 attempt to decipher, decompile, delete, alter or reverse engineer the Platform;
3.3.4 duplicate, make derivatives works of, reproduce or exploit the Platform, without the Company’s written permission;
3.3.5 use the Platform to create a similar or competitive Platform; or
3.3.6 remove or alter any logos, trademarks or copyright notices appearing on the Platform.
3.4 The Company will provide you with basic support, at no additional charge, via the website for the Platform.
3.5 The Company uses commercially reasonable endeavours to ensure the Platform is available 24 hours a day, 7 days a week, but is not liable for any downtime or where the Platform is not available to you. Circumstances may occur that are outside the Company’s control (including but not limited to acts of God, floods, fires, earthquakes, pandemics, civil unrest, acts of terror, failure of internet Platform providers or other third party contractors), and the Company is not responsible for failure to provide the Platform in such circumstances.
3.7 You are responsible for the quality, accuracy and completeness of your data. The Company does not verify or evaluate your data, nor does the Company advise you on any compliance or operational-related matters in any way. The Platform does not provide legal or regulatory guidance regarding compliance obligations in certain locations or industries. If you require such advice, please contact an independent professional. You are the owner of your data, and nothing in these terms and conditions transfers any such ownership to the Company.
3.8 You shall only permit authorised users, who are assigned unique user credentials (“Authorised Users”) to use the Platform, and use appropriate administrative controls to ensure that Authorised Users do not share access credentials with each other or any third party. You are solely responsible for the acts or omissions of your Authorised Users or any third parties who obtain access to the Platform through your usage. You will notify the Company promptly if you become aware of any unauthorised access or use.
4. Payment Terms
4.1 Your subscription to use the Platform renews automatically on a monthly or annual basis. Subscription payments are made in one of the following ways:
4.1.1 on a monthly basis, in advance, and at the beginning of each month;
4.1.2 on a quarterly basis, in advance, and at the beginning of each quarter; or
4.1.3 on an annual basis, in advance, and at the beginning of each year.
4.2 There are three pricing plans available to you when signing up for the Platform. These are: Starter, Team and Enterprise. The pricing, and features included, for each pricing plan can be found here: [ insert link ] These may change from time to time; however, pricing will never change during a Subscription Term.
4.3 The pricing plans do not include use of our optional “write for me” service. If you wish to use this service, the Company will discuss additional prices for this service with you.
4.4 Your payment method will be charged [once per month, once per quarter or once per year (depending on your choice of payment method)] in relation to your subscription. The Company will email you a receipt when your card has been charged. It is your responsibility to ensure that your payment method is kept up to date. A notification will be issued to you to notify you of the failed payment. If your payment method is out of date, and the Company has been unable to contact you to update your payment method within 7 days of the payment failing, your access to the Platform will be suspended until updated.
4.5 The Company provides no refunds for partial use of the Platform over a Subscription Term.
4.6 All fees are exclusive of value added tax or any other sales tax. Fees are collected by our third party payment providers, and their terms and conditions will apply to such payments (currently Paddle).
4.7 You are free to upgrade or downgrade your subscription at any time, by emailing us at email@example.com. Any such changes will take effect from the next billing cycle (this is the next month or year you make a subscription payment).
5. Intellectual Property Rights
5.1 The Company retains all right, title and interest in and to the Platform, and the Company and/or its licensors own all intellectual property rights in the Platform (including its source code).
5.2 The Company may collect, use and disclose your transactional and performance data related to your use of the Platform, provided this does not include personal data or business sensitive data, and does not reveal your identity.
5.3 You retain all right, title and interest in the data you upload to the Platform.
The Company may disclose your name as a customer of the Platform in its marketing materials, unless you have requested that the Company does not do so.
7. Warranties and Liability
7.1 The Company represents and warrants that:
7.1.1 the Platform will perform substantially in accordance with the specifications provided by the Company;
7.1.2 the Platform will comply with applicable data protection legislation; and
7.2 The Company disclaims all other warranties, express or implied, including implied warranties or merchantability or fitness for a particular purpose, with respect to the Platform or any of our services. The Company does not warrant that the Platform will be uninterrupted or error-free.
7.3 Neither you nor the Company will be liable for any indirect, special or consequential loss arising under these terms and conditions.
7.4 The Company’s liability arising under, or in relation to, these terms and conditions shall be limited to the total fees paid by you during a Subscription Term.
7.5 You agree to indemnify and hold harmless the Company against any costs, damages, expenses, losses and other liabilities incurred as a result of a third party action, claim, demand, proceeding or suit where this arises from or in connection with your use of the Platform in violation of these terms and conditions, or any decision or action you take due to information available through your use of the Platform.
7.6 The Company accepts no liability for any decision you may take as a result of your use of the Platform.
7.7 The Company agrees to indemnify you and hold you harmless against any costs, damages, expenses, losses and other liabilities incurred as a result of a third party action, claim, demand, proceeding or suit where this arises from or in connection with your use of the Platform where this infringes the intellectual property rights of a third party. This indemnity shall not apply where you have used the Platform in an unauthorised or modified form.
8.1 If any part of these terms and conditions is or becomes invalid, illegal or unenforceable, it is deemed to be deleted, and the rest of these terms and conditions shall remain in full force and effect.
8.2 No third parties are provided with any rights under these terms and conditions, and the Contracts (Rights of Third Parties) Act 1999 does not apply.
8.3 Either party may give notice to the other party by sending an email to the last email address notified to the other party. Time of delivery is deemed to be the time of transmission. This shall not apply to the Platform of legal proceedings.
8.4 These terms and conditions, and any non-contractual obligations arising hereunder, shall be governed and construed in accordance with the laws of England and Wales, and the English courts shall have exclusive jurisdiction to deal with any dispute arising hereunder.