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General Terms and conditions
Acceptance
These terms and conditions together with the Agreement and all appendices to the Agreement (collectivley “Terms”) constitute an agreement between the Customer and Cobira ApS, Abildgaardsparken 8 A, 3460 Birkeroed, Denmark including its subsidiaries, suppliers and successors (collectively “Cobira”), defining the Customer and Cobira’s rights and responsibilities with respect to the services specified in the Agreement.
2. Registration and Termination
To access the Service the Customer may need to register and create a Cobira Account with Cobira username and a password that may be subject to separate terms. The Customer may need to provide Cobira with certain personal and other information. Cobira may verify the Customer email address before the Customer Cobira Account can be accessed and used.
The Customer agrees to provide truthful, correct and complete information and Cobira shall not be responsible for any damages or losses incurred by the Customer in case a third party obtains access to the Customer email account and obtains the Customer Cobira Account information or other personal information. The Customer is personally responsible for any use of the Service.
The Customer may terminate the Service and registration in agreement with the terms stated in the Service agreement if the Customer no longer wishes to use the Service. After termination, the Customer will no longer have access to the Service. Cobira may immediately terminate or restrict the Customer’s Cobira Account or the Customer’s access to certain parts of the Service without notice if Cobira reasonably believes that the Customer or someone else is using the Customer Cobira Account, breaches the Terms. In all cases, the Customer will remain responsible for paying any charges for the Services which are due at the time of termination.
3. Right to use
Subject to these Terms, Cobira grants the Customer a personal, non-exclusive and non-transferable right, revocable at any time at Cobira’s sole discretion, to access and use the Service. Use of the Service does not grant the Customer any intellectual property rights in or to any information or content in the Service.
The Customer can activate the Service directly from the Corbira application and the Customer is prohibited from reselling, sublicensing or using the SIM card or the Services for the other purposes than agreed in Service agreement.
Cobira may provide the Customer with certain software (“Software”) developed by Cobira or its licensors as part of the Service. The use of Software may be subject to separate terms and conditions that the Customer must accept before using the Software. If there is no separate terms and conditions applicable to such Software, the following terms apply:
The Customer may be able to submit information or content (“Material”) to the Service. Cobira does not claim ownership in this Material. The Customer submission of Material does not transfer ownership of rights of the Material to Cobira. Cobira is transmitting only the Material and is not responsible for editorial control over it. By submitting Material to the Service, the Customer grant Cobira a worldwide, nonexclusive, sublicensable, assignable, fully paid-up, royalty-free, perpetual, and irrevocable license to Cobira, copy, publicly perform, display, distribute in any media and modify the Material to incorporate the Material into other works, and grant similar sublicenses to the extent necessary for Cobira to provide the Service. The Customer may be able to adjust this grant in the privacy and other settings of the Service.
The Customer agrees to:
Comply with applicable laws, the Terms and good manners;
Use the Service only for the users personal, non-commercial purposes;
Not submit unlawful, offensive, inaccurate, misleading, abusive, pornographic, harassing, libelous or otherwise inappropriate Material;
Obtain any consents, permission or licenses that may be legally required for the Customer to submit any Material;
Respect the privacy of others;
Not distribute or post spam, unreasonably large files, chain letters, pyramid schemes, virus;
Not use any other technologies or initiate other activities that may harm the Service, or the interest or property of the Services;
Not to use any automated systems or means to access, acquire, copy or monitor any part of the Service; and
Accept responsibility for the consequences related to the Material that the Customer posts.
Cobira may but has no obligation to:
Monitor or moderate any Content or Material;
Remove any Material from the Service; and
Restrict access to any part of the Service at any time in its sole discretion.
Content
Before downloading or accessing any Content, please check whether the Content which the Customer wishes to access is restricted by age or marked as potentially ‘offensive’ or ‘explicit’.
Cobira shall not be responsible for any claims or offense caused or suffered by the Customer accessing such Content.
4. Fees
The Customer’s use of the Service may be or may become subject to fees and taxes.
Any fees charged by Cobira will be announced separately in connection with the relevant Service. The fees charged by Cobira may include taxes (such as value added tax, goods and services tax, or sales tax), if applicable and in effect at the moment of the transaction under the relevant tax laws. The Customer agrees to pay Cobira for the fees that are reflected in relation to the relevant Service. Any such fees may be changed by Cobira from time to time without providing notice to the Customer. For Services that require prepayment, the Customer agrees to pre-pay for the Service by debiting the Customer’s credit card the selected amount.
The Customer will pay for any services charged to the Customer account. Cobira shall not be held responsible for any charges resulting from theft or fraudulent use. The Customer acknowledges that the Customer is responsible for the safety and security of the used devices from which the Customer accesses and uses the services and that Cobira shall not be liable for any unauthorized use of the Services through devices in the Customer’s control.
The Customer may be invoiced in different currencies and Cobira will at any time use the conversion rate provided by our bank which may differ from the official conversion rate.
There may be instances where the Customer incur additional charges from the Customer’s bank or credit card provider based on currency conversion rates used and/or additional fees assessed. Cobira assumes no responsibility for the payment of bank or any other third party service fees or charges of the Customer’s service providers.
5. Order of services
"Order" shall mean the selection of payable Services and/or subscription to Services offered by Cobira including submission of payment method, as submitting the order by accepting in writing or other similar confirmation of acceptance in the order flow or providing other indication of acceptance terms that are presented to the Customer in the order flow.
The Customer agrees that all Orders shall be legally valid and binding. All Orders are subject to acceptance by Cobira.
6. Payment Terms
The Customer agrees to pay the charges related to the Order, and to ensure that the instrument of payment is valid at the time of the Order, that the person placing the Order is the rightful holder of the instrument and that the instrument is used within its credit limits. Cobira may issue a monthly invoice stating the payable services and applicable payment terms.
Cobira issues an invoice with the total amount of fees for the ordered Services in the given period. Additionally Cobira will provide the Customer with a total of each product and Service and the related detailed session list (Call Detail Records).
The Service may also offer a trial period. If the Customer Order involves a trial period (also known as try-and-buy), the Customer may be charged when the trial period expires, unless the Customer cancels in accordance with the subscription/trial terms.
7. Cancellations and Refunds
The Customer agrees to the access of the Services being initiated concurrently with the placement of the Order. The Customer will not be able to cancel the Order once it has been processed.
In the event that after the Customer has placed an Order, the Customer discover and promptly inform Cobira within 48 hours that (a) the Service the Customer has ordered is faulty; (b) the Service Cobira delivers to the Customer does not match the description of the Service the Customer ordered or (c) technical problems delayed or prevented delivery of the Service or accidental multiple orders caused by such technical problems, the Customer sole and exclusive remedy with respect to such Service will be either replacement of such Service, or refund of the price paid for such Service, as determined solely by Cobira.
Otherwise, no refunds are available for Services. If the Customer encounters any of the above issues, please contact Cobira Customer Care.
8. Notices
Cobira may post notices within the Service or per e-mail. Cobira may also send the Customer notices about products and services to the email address or telephone number the Customer has provided to Cobira. The Customer is deemed to have received such notices at the latest within five (5) days from Cobira sending or posting those. The Customer's continued use of the Service constitutes the receipt of all notices regardless of delivery method.
9. Feedback to Cobira
By submitting any ideas, feedback and/or proposals ("Feedback") to Cobira through the Service or other means, the Customer acknowledge and agree that: (1) Cobira may have similar development ideas to the Feedback; (2) the Customer Feedback does not contain confidential or proprietary information of the Customer or any third party; (3) Cobira is not under any obligation of confidentiality with respect to the Feedback; (4) Cobira may freely use, distribute, exploit and further develop and modify Feedback for any purpose; and (5) the Customer is not entitled to any compensation of any kind from Cobira.
10. Availability and Technical Requirements
The availability of the Service may vary and is subject to Cobira’s sole discretion. Cobira expressly disclaims any representation or warranty that any particular Service will be available. The Service may not be available in all countries and may be provided only in selected languages. The Service, operations and some features may also be dependent on the network, compatibility of the devices used, technologies supported, etc.
To access the Service, the Customer may need to download a specific piece of software developed by Cobira or by another party.
Cobira may, in its sole discretion, change, correct or discontinue the Service in whole or in part. The Service may not be available during maintenance breaks and other times. If Cobira considers a Software update to be important or critical the Customer may not continue using the previous version of the Software.
Cobira may temporarily disable the whole or part of the Service in order to protect the Service, application providers, wireless carriers over whose network the Customer accesses the Service or any other affected or potentially affected parties.
A particular Service may be a pre-release version, for example a beta release, and may not work in the way a final version works. Cobira may significantly change any version of Service or Software or decide not to release a final version.
11. Links to Third Party Sites and Content
Cobira may include access to sites and services on the Internet or preloaded clients that enable the Customer to interact with sites and services that are owned or operated by third parties and that are not part of the Service. The Customer must review and agree to the Terms and Conditions of these sites or services before using these sites or Services.
Cobira has no control over the third party content, sites or services and assumes no responsibility for services provided or material created or published on these third-party sites or services. A link to a third-party site does not imply that Cobira endorses the site or the products or services referenced in the site.
12. Advertisements
Service may include advertisements. Advertisements may be targeted to the content or information stored on the Service, queries made through the Service, or other information.
13. Personal Data
The Privacy Policy and any additional privacy information made available to the Customer governs the users of the Customer’s personal data. Cobira may take action to prevent information security violations and to eliminate disturbances affecting information security. Such actions may include temporary interruption of the use of a Service or closing a subscription, or other necessary actions. Cobira takes actions that are proportionate to the seriousness of the issue, and it will stop such actions as soon as such actions are not required.
14. Limitation of Liability
The Service is provided on ‘as-is’ and ‘as-available’ basis. Cobira does not warrant that the Service will be uninterrupted, error free or will meet the Customer’s requirements. No warranty of any kind, either express or implied, including but not limited to warranties of title, non-infringement, merchantability, or fitness for a particular purpose, is made in relation to the availability, accuracy, reliability or information of the Service. The Customer expressly acknowledges and agrees that because some of the Services may be provided over mobile and Internet networks outside of Cobira’s control, they are subject to outages, disruptions and that Cobira has no liability for any such outages or disruptions. Cobira cannot make any representation or guarantees with regard to availability, quality, operation or support for data communication or any third party networks. The Customer expressly agrees and acknowledges that the use of Service is at the Customer’s sole risk and that the Customer may be exposed to information from various sources which Cobira is not responsible for. In addition, under no circumstances will Cobira be liable for damages arising out of or related in any way to the Customer’s inability to access, or the Customer’s difficulty in accessing the Service.
Except where prohibited by law Cobira will not be liable for damages that exceed the amount of Cobira’s charges to the Customer for the Customer’s actual use of the Services during the prior one month period. To the maximum extent permitted by law except for liability for death or personal injury caused by its gross negligence or international misconduct in no case will Cobira be liable for any indirect, incidental, punitive or consequential damages resulting from the Customer’s use or inability to use the Service.
15. Indemnification
The Customer agrees at the Customer’s cost and expense, to defend and indemnify Cobira and its affiliates from and against all third party claims and all liabilities, assessments, losses, costs or damages resulting from or arising out of (i) the Customer’s breach of the Terms, (ii) the Customer’s infringement or violation of any intellectual property rights, other rights or privacy of a third party, or (iii) misuse of the Service by a third party where the misuse was made possible by the Customer’s failure to take reasonable measures to protect the Customer’s username and password against misuse; or (iv) the Customer’s use of the Services and Cobira Account.
16. General provisions
16.1 Dispute and escalation
In the event any dispute, claim, question or difference between the Parties (a “Dispute”) arises with respect to the interpretation of the Service Agreement, the Terms and Conditions, the Parties’ performance or any matters relating to billing, enforcement, or breach thereof, no later than five (5) business days after the Dispute has arisen, the Designated Managers shall consult and negotiate with each other for at least ten (10) business days, in good faith and understanding of their mutual interests, in an attempt to reach a just and equitable solution to such Dispute that is satisfactory to both Parties.
In case there is not been found a solution, the matter shall be immediately escalated to the senior executives of each Party, who shall similarly consult with each other with regard to such Dispute for at least another ten (10) business days:
Notwithstanding the foregoing, nothing in these Terms and Conditions shall be deemed to prevent either Party from seeking any form of judicial or other relief that may be available to such party after thirty (30) days following the date that a Dispute arises, unless the Parties otherwise agree in writing to suspend such activities pending further negotiation of such Dispute pursuant to this Section.
16.2 Governing Law
The Terms are governed by the laws of Denmark without regard to its conflicts of law provisions and any disputes shall be settled in a Danish Court.
16.3 Validity
The Terms neither exclude nor limit any of the Customer’s mandatory rights in the Customer’s country of residence that cannot by law be waived. If a provision of the Terms is found to be invalid, the remaining provisions will not be affected and the invalid provision will be replaced with a valid provision that comes closest to the result and purpose of the Terms. In the event one or more provisions of these Terms are not relevant to the Customer’s use of the Service, it shall not impact the validity or enforceability of any other provision of the Terms or the Terms as a whole.
16.4 Changes in Terms
Cobira may modify the Terms at any time without prior notice. If the Terms are changed in a material, adverse way, Cobira will provide a separate notice advising of the change. The Customer is responsible for regularly reviewing the Terms. The Customer’s continued use of the Cobira Account and/or the Service following any changes or modifications to these Terms constitutes the Customer’s unconditional consent to any changes or modifications.
16.5 Severability.
If any part of this agreement is declared unenforceable or invalid, the remainder will continue to be valid and enforceable.
16.6 Waiver
(a) Affirmative Waivers. Neither party’s failure nor neglect to enforce any rights under this agreement will be deemed to be a waiver of that party's rights.
(b) Written Waivers. A waiver or extension is only effective if it is in writing and signed by the party granting it.
(c) No General Waivers. A party's failure or neglect to enforce any of its rights under this agreement will not be deemed to be a waiver of that or any other of its rights.
(d) No Course of Dealing. No single or partial exercise of any right or remedy will preclude any other or further exercise of any right or remedy.
17. Intellectual Property rights
The Service, Content and Software are protected under international copyright laws. Cobira claims copyrights in its Service, Content, and Software to the maximum extent of the law. Subject to the Terms, Cobira retains all right, title and interest in the Service, its Content, the Software and in all other Cobira products, software and other properties provided to the Customer or used by the Customer through the Service.
18. Assignment
Cobira may assign its rights and obligations under these Terms to a third party in connection with a merger, acquisition, sale of assets, by operation of law or otherwise.
19. Force Majeure
Cobira is not liable to the Customer for any delay, failure to perform, loss or damage due to causes beyond our reasonable control, including but not limited to fire, strikes, explosions, pandemics, earthquake, flood, water, labor disputes, war, national emergency, terrorism, acts or omissions of carriers or suppliers, systems failure, cyberattacks and acts of regulatory or governmental agencies.
For clarification this also applies if an operator in Cobira´s network changes and/or discontinues one or more services. (E.g. if a partner of Cobira (an operator) decides to cancel 2G or 3G).
Contact info. The Customer shall ensure that the Customer at all time has provided a correct and active email address to Cobira. The Customer can contact Cobira via the support form available at support@cobira.co.
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