Terms of Service

Welcome to MoGo, the smart application that turns your smartphones into super smart surveillance cameras. MoGo gives you capabilities like push notifications upon motion detection, alerting you whenever something is going on and enabling you to monitor and be aware of ongoing things at the site being monitored. 

This page explains the terms by which you may use our online and/or mobile Services, website, and software provided on or in connection with MoGo’s Services and features (collectively, the “Services”). By accessing or using the Services and by logging in, you electronically represent (“sign”) that you agree to the stated terms and further certify that you have read, understood, and completely agree, to be legally bound by our Terms of Service (this “Agreement”). This Agreement further applies to all visitors, users, and others who access the Services (the “Users”). MoGo reserves the right to make changes to this Agreement at any time. If a change is a material, we’ll let you know before it takes effect through an email, on-screen revision update or pushes notification on the phone on which the application has been installed. By using MoGo on or after that effective date, you agree to the new Agreement. If you don’t agree to it, please delete your account before it takes effect, otherwise, your use of the application, site and content will be subject to the new Agreement.

General

In terms of the Information Technology Act, 2000, this document is an electronic record. Being generated by a computer system it does not require any physical or digital signatures. This document is published under the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of www.MoGo.co.in.

(a) The use of this Website and our mobile applications, by you, is solely governed by this policy and any policy so mentioned by terms of reference. Moving past the Homepage or using any of the services shall be taken to mean that you have read and agreed to be bound by all of the policies. You will be subject to the rules, guidelines, policies, terms, and conditions applicable to any service that is provided by this site, and they shall be deemed to be incorporated into these Terms of Use and shall be considered as part and parcel of these Terms of Use.

(b) We hold the sole right to modify the terms of service without prior permission from you or informing you. The relationship creates a duty on you to periodically check the terms and stay updated on its requirements. If you continue to use our product following such a change, it is deemed as consent by you to the amended policies. As long as you comply with these Terms of Use, we grant you a personal, non-exclusive, non-transferable, limited privilege to use the product.

Personal Information and Content

We receive and store any Personal Information and Content you enter or upload to our Services. The types of Personal Information and Content collected may include, but are not limited to:

• Video and audio signals and data are recorded and processed, depending on how you may have configured your Services. This may include MoGo sending you portions of the Content as part of a notification or analyzing the data to identify motion or other events. If you have recording features enabled, we will capture, process and retain video and audio recordings from your device, which you will be able to access, for the duration of your recording subscription period.
• You may save and choose to share Content for others to access using the Services. We will collect and store information required for us to save or share your Content.
• We may also draw upon this Personal Information and Content to modify and customize the Services to better suit your needs, to improve the effectiveness of our network and Services, and to develop new tools to enhance usability and security. Under no circumstance will any employee or agent of MoGo ever look at your private videos within your account unless given express consent to do so.

Information we receive from third parties and Cookies

We may receive and store information from third parties that interact with the Services or that provide services to us in connection with our operation and the Services, mostly to collect data, serve you the right content and monitor application usage and performance. MoGo will provide your Personal Information to these 3rd party Services solely for the purposes noted above. In addition, you may choose to use third-party apps that share with MoGo the Personal Information, activities and/or content you provide to those third-party apps. In such a case, we would like to remind you to please read the privacy policy of any such app so that you understand its sharing practices. We will also use cookies to identify each user.

You Are Always In Control

We assure you that you are the sole person who may choose to share your Personal Information. We neither rent nor sell your Personal Information to anyone. The default setting for all Personal Information and Content is to make that information visible only to others in the private groups you create or join on MoGo while using our feature to extend the visibility of your streaming camera phone to others (Friends & Family); or when they extend theirs to you. You may modify that setting as part of the Services. MoGo may only share your Personal Information and Content only as described in this Privacy Policy, except for when required by law or applicable authorities to release the information.

Is Personal Information About Me Secure?

Your Personal Information is protected on MoGo by your username and password. We highly recommend that you select and protect your password appropriately, and limit access to your computer and mobile phone to only those individuals whom you trust to prevent unauthorized access to your account and your Personal Information and Content. MoGo endeavors to safeguard Personal Information and Content to ensure that information is kept private, through physical, electronic, encrypted and procedural measures.

Eligibility and Safety

You may use the Services only if you can form a binding contract with MoGo and only in compliance with this Agreement and all applicable local, state, provincial, national, and international laws, rules and regulations. The Services are not available to any Users previously removed from MoGo, whether for violation of this Agreement or otherwise. Furthermore, you represent and warrant the followings:

1. You understand that MoGo DOES NOT become involved in transactions or actions between or amongst parties and does not certify, investigate, or in any way guarantee the legal capacity of any party to transact.
2. You are responsible for obeying all applicable enforcement mechanisms, including, but not limited to federal, state, municipal, and tribal statutes, rules, regulations, ordinances, and judicial decisions, any applicable executive orders, including compliance with all applicable privacy protection requirements.
3. You will not use MoGo’s Services or our technology for any illegal purpose(s).
4. You consent to have your data transferred to and processed in India.
5. We do our best to keep MoGo safe, but we cannot guarantee it. We need your help to keep MoGo safe, which includes the following commitments by you:

1. You will not collect Users’ content or Personal Information or otherwise access MoGo, using automated means (including, but not limited to, harvesting bots, robots, spiders, or scrapers) without our prior written permission.
2. You will not upload viruses or other malicious code.
3. You will not solicit login information or access an account belonging to someone else. You will not bully, intimidate, or harass any user.
4. You will not post content on MoGo that: is hate speech, threatening, or pornographic; incites violence or contains nudity or graphic or gratuitous violence.
5. You will not develop or operate on MoGo a third-party application containing alcohol-related, dating or other mature content.
6. You will not use MoGo to do anything unlawful, misleading, malicious, or discriminatory.
7. You will not do anything that could disable, overburden, or impair the proper working or appearance of MoGo, such as a denial of Services attack or interference with page rendering or other MoGo functionality.
8. You will not facilitate or encourage any violations of this Agreement or our policies.

1. You must provide us with your real personal information. Additionally, to further ensure account liability and registration security, you must adhere to the following conditions:

1. You may never use another User’s account without their permission.
2. When creating your account, you must provide accurate and complete information. You will keep your contact information accurate and up-to-date.
3. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You will not share your password, let anyone else access your account without your permission, or do anything else that might jeopardize the security of your account.
4. If we disable your account, you will not create another one without our written permission.
5. You will not use MoGo if you are a convicted sex offender.
6. The accounts created are non-transferable. You will not transfer your account to anyone without first getting our written permission.
7. If you select a username or similar identifier for your account, we reserve the right to remove or reclaim it if we believe it is appropriate (such as when a username may infringe the rights of a trademark owner).
8. You will provide MoGo with an email address of which you consent to our use of that email address to send you Service-related notices, including any notices required by law, instead of communication by postal mail.

1. You must notify MoGo immediately of any breach of security or unauthorized use of your account. MoGo will not be liable for any losses caused by any unauthorized use of your account. You will not provide any false personal information on MoGo, or create an account for anyone other than yourself.
2. You are solely responsible for all consequences of such actions. You further acknowledge and understand that if you violate these terms, MoGo may permanently remove you from the Services or the site, and depending on the nature and severity of the violation, avail yourself of such remedies as are prescribed by law. MoGo will comply with applicable federal, state, provincial, municipal, and tribal law enforcement entities under applicable laws and regulations. You must take responsibility for your actions whilst using MoGo and take responsibility for any of your actions related to, or resulting from, my use of MoGo.

Sharing Your Content and Information

You own all of the content and Personal Information you enter or post on MoGo, and can control how it is shared through your privacy and application settings. In addition: for content that is covered by intellectual property rights such as videos, images & posts on social media, you specifically give us the following permission, subject to the limitations outlined in our Privacy Policy: you grant us a non-exclusive, perpetual, irrevocable, transferable, sub-licensable, royalty-free, worldwide license to use any Content that you post on or in connection with MoGo on any public platform.

Furthermore, although we always appreciate your feedback or other suggestions about MoGo, you understand and acknowledge that we may use them without any obligation to compensate you for them, just as you have no obligation to offer them to us.

Protecting Other People’s Rights

We respect other people’s rights and expect you to do the same. You will not post content or take any action on MoGo that infringes, misappropriates or violates someone else’s rights, privacy or otherwise, violates applicable laws, rules or regulations. We reserve the right to remove any content or Personal Information you post on MoGo if we believe that it violates this Agreement or our policies. If you infringe other people’s intellectual property rights, we reserve the right to disable your account when we, in our sole discretion, deem it appropriate. Lastly, you will not post anyone’s identification documents or sensitive financial information on MoGo.

Mobile and Other Devices

We currently provide our product for free or may charge towards the use of certain premium features. However, please be aware that your carrier’s normal rates and fees, such as text messaging fees and data fees, will still apply. You provide consent and all rights necessary to enable Users in your MoGo groups to sync (including through an application) their devices with any of your Content and Personal Information that is visible to them on MoGo.

Paid Upgrade and Refund

MoGo offers various paid upgrades, which are detailed extensively on our website. The list of features available in each of the upgrade packages is mentioned along with the subscription fee. The payment goes through the Google Play Store, App Store, and other Third-party payment gateways/ service providers. Therefore, it has to abide by the rules of these platforms.

Generally, all charges for purchases are nonrefundable, and there are no refunds for partially used periods. We may make an exception if a refund for a subscription offering is requested within seven calendar days of the transaction date. You will need to raise a written request at our mail address mentioned in the Contact section of the website, clearly stating the reason for requesting the refund.  

Special Provisions Applicable to Software

If you download our software, such as a stand-alone software product or a browser plugin, you agree that from time to time, the software may download upgrades, updates and additional features from us to improve, enhance and further develop the software. You will not modify, create derivative works of, decompile or otherwise attempt to extract source code from us, unless you are expressly permitted to do so under an open-source license or we give you express written permission.

Limitation of Liability

The Services provided herein are provided “as is” and without warranty of merchantability or warranty of fitness for a particular purpose or any other warranty, express or implied. MoGo makes no representation or warranty that the Services or the use of the MoGo app will not infringe any other patent or other proprietary rights. In no event shall MoGo be liable for any incidental, special or consequential damages resulting from the exercise of the license granted herein or the use of the Services.

Furthermore, MoGo is not responsible for addressing any claims you have or any claims of any third party relating to the Services, the MoGo app or your possession and use of the MoGo app, including, but not limited to: (i) product liability claims; (ii) any claim that the MoGo app fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

Neither MoGo nor its suppliers, its parent company, owners, directors, officers, employees, and agents, shall be responsible or liable concerning any subject matter of this Agreement or terms or conditions related thereto under any contract, negligence, strict liability or other theory (a) for loss or inaccuracy of data or cost of procurement of substitute goods, Services, or technology, or (b) for any indirect, incidental, or consequential damages including, but not limited to loss of revenues and loss of profits. 

You agree to indemnify, defend, and hold MoGo, and all of its officers, directors, owners, employees, agents, information providers, affiliates, licensors and licensees (collectively, “Indemnified Parties”) harmless from and against any and all liability and costs incurred by the Indemnified Parties including, without limitation, reasonable attorneys’ fees, in connection with any claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with (i) use of the Service infringing any third party intellectual property rights or privacy rights; and/or (ii) breach of its agreements, covenants, undertakings, declarations, obligations, responsibilities, representations and warranties under this Agreement including without limitation confidentiality obligations/data privacy under the Agreement; and/or (iii) violation of Applicable Law; and/or (iv) arising from or relating to Company’s negligence or misconduct.

Termination

If you violate the letter or spirit of this Agreement or otherwise create risk or possible legal exposure for us, we reserve the right to stop providing all or part of MoGo services to you. We will notify you by email or the next time you attempt to access your account. You may also uninstall your application at any time.

Disputes

In the event of any dispute, claim or controversy arising under, or concerning, this Agreement, such dispute shall be resolved by arbitration under the Arbitration and Conciliation Act, 1996. The dispute shall be settled by a sole arbitrator to be appointed by the parties to the dispute. If the parties are unable to appoint a sole arbitrator by way of mutual consent, then such arbitrator shall be appointed under the provisions of Section 11 of the Arbitration and Conciliation Act, 1996. The seat of arbitration shall be New Delhi, India. All arbitration proceedings shall be conducted in English. The arbitration award shall be final and binding on the Parties and shall be enforceable in any competent court of law, and the Parties agree to be bound thereby and to act accordingly.

We do not Guarantee that MoGo will always be safe, secure or error-free or that MoGo will always function without disruptions, delays or imperfections. The team at MoGo is not responsible for the actions, content, information or data of Third parties, and you release us, officers, directors, owners, employees, agents, information providers, affiliates, licensors and licensees from any claims and damages, known or unknown, arising from of or in any way connected with any claim you have against any such third parties.  

Other

This Agreement makes up the entire agreement between the parties regarding the Services and supersedes any prior agreements, whether written or oral. If any portion of this Agreement is found to be unenforceable, the remaining portion will remain in full force and effect. If we fail to enforce any provision of this Agreement, it will not be considered a waiver of that provision or any other provision of this Agreement. You will not transfer any of your rights or obligations under this Agreement to anyone else without our written consent. All of our rights and obligations under this Agreement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise. Nothing in this Agreement shall prevent us from complying with applicable laws, rules or regulations. This Agreement does not confer any third-party beneficiary rights. We reserve all rights not expressly granted to you. You will comply with all applicable laws when using or accessing MoGo. Any amendment to or waiver of this Agreement must be made in writing and either signed by us or posted by us on the Services. MoGo may amend this Agreement from time to time, at its sole discretion. If we make material changes to the way we use Personal Information or Content, we will notify you by posting an announcement on our Services or by sending you an email to the address you have registered with us. Users will be bound by any changes to the Agreement when they use the Services after they have first been notified of such changes.

We would love to hear from you

We welcome your comments and questions regarding our Terms of Service and Privacy Policy. Please contact us following the link/ email address on our website, MoGo.co.in.