Advertising disclosureUpdated May 15, 2020
ThinkMobiles accepts advertising, yet adheres to clear separation between advertising and editorial content. We present advertising material in a way as not to interfere with reading experience as best as possible, in terms of page design and the number of ads.
- All advertising or sponsored content on ThinkMobiles is visibly and unequivocally distinguished from editorial content. This may be design elements and/or identifiers (“Ad”, “Advertisement”, “Sponsored”).
- All ads or paid content on ThinkMobiles are marked as “Ad” / “Advertisement” / “Sponsored” / “Sponsorship”, etc., on indicating that the content is provided by or on behalf of a sponsor.
- Editorial content on ThinkMobiles is not influenced by advertisers in any way, except sponsored content marked as “Advertisement”, “Sponsored”, etc.
- In some cases, editorial content may include links to partners from which ThinkMobiles receives an affiliate commission (more details below). The placement of such links is not influenced by payment, and editorial staff keeps the right to modify or remove it any time in order to provide the best experience to users.
All ads or paid content must not contain any of the following: disruptive audio or animation, malware, spyware, adware, phishing or other scams, violated proprietary rights and trademarks, data collection forms. Alls ads must not promote any of the following: illegal activities, violence, discrimination, drug or alcohol use, adult content, profanity, misleading or false information.
How we earn money
The way ThinkMobiles is able to offer hundreds of articles and reviews for free to visitors is by partnering with advertisers and affiliate partners. This helps to pay our team of analysts and copywriters. At the same time, we maintain strict editorial independence, including software reviews and recommendations. If a product is worthy, we’ll recommend it no matter if it is advertised or not, and vice versa - advertised product does not guarantee 100% positive review.
Advertised content may be in one of the following forms:
An affiliate relationship (more information on affiliate marketing) is a mutually beneficial cooperation, when a company gets a product/service review by ThinkMobiles, and we get a fee from customer conversions. Thus, clicking on a hyperlink of a product means we receive a commission, either a visitor goes to a product or signs up to use it. Links to certain products may also not be from advertisers, and just a good product we are recommending in article context. Affiliate links may also be in the form of conventional banners, as in the beginning of “10 Best Free Driver updaters” for example.
Featured products are clips with brief summary and a link to products from our advertisers. Mainly, we include it in the form of top-3 products in the beginning of articles about best software or best companies. We always try to highlight the best possible offers or solutions, relevant to the topic, yet it is important to remember it may not coincide with editorial choice.
Typically in IT services categories or top companies selections, Sponsorship placement implies a monthly recurring fee paid by companies which would like to be ranked high, thus promoting their services to target audience. Aiming to distinguish sponsor content, we will mark it with the “Sponsored” designation.
Conventional display ads and video ads, as a part of digital ad networks, such as Google AdSense and others. All display ads are labelled as advertisements and are easily recognized.
Why are we disclosing this?
We strongly believe in transparency on the web, therefore we have to be honest with our visitors. For full transparency, you can find a list of affiliate partners ThinkMobiles is currently working with.
Editorial policyUpdated May 15, 2020
Our mission is to collect, analyze, simplify and present information about software so that our readers are able to make informed decisions. Software market is constantly expanding, evolving and shifting, it is extraordinarily tough to keep up as a casual user. Therefore, ThinkMobiles team reviews all kinds and sorts of modern software, recommends the best applications, reviews individual applications, picks top software development companies, compiles FAQs and user tips, etc. Over the years, we’ve helped thousands of people, small businesses and corporations.
Principles and ethics
Empowerment. There are literally millions of programs, mobile apps, extensions, platforms, utilities, online tools (SaaS). Our goal is to provide direction, advice and tips users can benefit from in decision making or problem solving.
No bias. From concise user tips, product reviews to extensive software analysis, we try to provide a full picture, with all the facts, nuances and cautions, in a proper context. We carefully research all the information available, compact it and present it without bias, prejudice or affection towards any agenda.
Accuracy. Having practical, accurate, relevant and unbiased information, presented in a comprehensive format is our prime goal. We are working hard to constantly improve the quality of content, and are always open to correcting any mistakes or inaccuracies. Contact us for corrections.
We are abiding by the Codes of Ethics of the Society for Advancing Business Editing and Writing (SABEW). We follow the guidelines of the Society for Professional Journalists’ foundations of ethical journalism: accuracy, fairness, harm minimization, independence, accountability and transparency. ThinkMobiles content serves informational purposes only, it is not intended to substitute the advice of certified experts.
Editorial process and standards
Our staff of analytics, researchers, consultants and writers writes and uploads all the articles and content on ThinkMobiles. We do not make direct recommendations to purchase any particular software. We provide relevant analysis, context, user tips and FAQa to help make clever decisions. Wherever possible we provide concrete examples capable of solving certain issues.
We are continually evaluating our articles, and updating them when information gets out of date. Such content is then date-stamped to reflect this. Every article is prepared by efforts of several people to ensure accuracy, usefulness, readability and preserving the editorial principles. A person you see as an author has been managing a team effort for that particular article. ThinkMobiles team decides on content topics independently, writers and contributors each possess a subject matter expertise in the topics assigned.
ThinkMobiles staff are carefully recruited, vetted and trained. Each of them is experienced in a given area, e.g. security software, e-commerce, trading applications, PC utilities etc., and all are perfectly capable of communicating complex topics in accessible form. Every author is listed at the top of the blog article, along with brief biography/credentials and links to social media profiles. All writers are required to uphold the editorial principles and guidelines listed above.
Third-party content is cautiously reviewed by the ThinkMobiles editorial team to ensure it too upholds our principles and standards. In this regard, we reserve the right to modify and edit third-party content. All such content is labeled to notify readers. Currently, we do not accept or post third-party content on ThinkMobiles blog. It is accepted only to the catalogs of IT products and services (as their description, pricing, pictures), and in user reviews of products and services generated by our visitors and contributors.
Protecting the privacy and safeguarding the personal and financial information of our clients and website visitors is one of our highest priorities. The following Privacy Statement explains how ThinkMobiles collects and protects your personal information. References to "ThinkMobiles" in this Privacy Statement include all ThinkMobiles companies and divisions, including ThinkMobiles. By opening a ThinkMobiles account or by using ThinkMobiles websites, you give your consent to the collection and use of personal information by ThinkMobiles as explained in this Privacy Statement.
We understand the importance of protection of your privacy and personal data and commit a lot of efforts to develop and maintain high standards of inner security measures and technologies to provide you with secure processing and storage of the data we collect from you; and keep your data safe against unauthorized or unlawful processing and against accidental loss, destruction or damage.
Personal information refers to “information or an opinion, whether true or not, and whether recorded in a material format or not, about an identified individual, or an individual who is reasonably identifiable”. Any information or opinion that may lead to the reasonable inference to the identity of an individual may be considered personal information.
Personal data we collect and objective
When registering for an account via ThinkMobiles we collect and further process the following categories of data:
Information requested during the registration of the Account that identifies you, for example your name, date of birth, citizenship, etc.
When you go through the registration process, you shall provide an e-mail address and create a password.
Financial information, including your income, source of income / funds, taxation residence information, etc.
Information, which we may collect through automated means. Through your use of the Website and its tools, we also monitor and collect tracking information related to usage such as access date & time, device identification, operating system, browser type and IP address. This information may be directly obtained by ThinkMobiles or through third party services.
Your identity and residency verification documents, for example passport and/or ID card, utility bill, etc.
Contact information, i.e. your phone number, e-mail address, etc.
We do not collect any information that may identify you without your permission.We use Google Analytics on Our Technology Platform. If you want to know more about Google Analytics and its “do not track” policy, please visit https://www.google.com/analytics/terms/us.html
We do not intend to solicit or collect Personal Information from anyone under the age of 16 or under the legal age of your country, if it is higher. If you are under 16 or are not of a legal age of your country, do not enter any personal information on our Website.
We collect and process the abovementioned data to fulfil our contractual obligations and legitimate interest before you, namely:
provide services, including execution of requested transactions and related maintenance of the services you registered for and manage the account you hold;
provide you with the information about your activities on the account;
inform on any changes and updates to the services you are provided with;
assess and mitigate risks related to anti-money laundering and terrorism financing regulations as well as transaction related risks;
comply with applicable legislation;
maintain actions in relation to legal claims;
provide additional or supportive services, as well as perform Client surveys, statistical analysis;
to ensure marketing activities (send you news, updates, promotions, product information, event announcements, and other);
improve the performance and functionality of our services.
The above list may be extended depending on the development of the services. We collect your personal information directly from you and indirectly as a result of your relationship with us. ThinkMobiles may use the information collected from you to verify your identity and contact information, issue you an account number and a secure password, maintain your account activity and contact you with account information, among other reasons. This information also helps us improve our services to you, customize your browsing experience and inform you about additional products, services or promotions that may be of interest to you. You directly provide us with the majority of information we collect. This information includes your contact details, including name, mailing address, telephone number and e-mail address, personal identification data we are required by law to collect, including your passport number and/or tax identification number. We also collect demographic information when you open an account, including gender, birth date, occupation and employment status.
You provide us with this information by completing the account application and related documentation, by sending us an e-mail or by submitting information in response to a promotion or special offer. The information we collect indirectly from you includes your Internet protocol ("IP") address, browser type, operating system, Internet service provider (ISP), time stamps and transaction history. Should you close your account with us, ThinkMobiles will retain your information, but only use it to comply with regulatory requirements and to periodically contact you to offer you the opportunity to reactivate your account or participate in other offers.
Processing of your personal data
Your personal data may be received and processed:
by ThinkMobiles within our inner systems of processing, which complies to technical and organizational measures in a manner that meets applicable requirements of Regulation and security standards; and/or
at outsource service providers and processors who access and use the data only to the extent required to perform the obligations subcontracted to them by ThinkMobiles (hereinafter – ‘subprocessors’).
Those subprocessors perform tasks on our behalf and are contractually obligated not to disclose or use collected information for any other purposes, then storage, help in facilitation of technical aspects of our services or perform functions related to the administration of services (collection and analysis) or other indicated under contractual closes.
If such subprocessors are outside of Swiss Confederation or the European Union or European Economic Area, the processing of personal data is done or will be done in accordance with applicable laws.
Subprocessors remain fully liable for all obligations subcontracted to, and all acts and omissions of, ThinkMobiles is not responsible in the event that information is disclosed at a result of a breach or security lapse at any such subprocessors, or for such subprocessors' non-compliance with the foregoing requirements.
If ThinkMobiles becomes aware of any breach of our security leading to the accidental or unlawful destruction, loss, alteration or unauthorized disclosure of, or access to (excluding unsuccessful attempts or activities) personal data of Clients on systems managed or otherwise controlled by us we will notify you promptly and without undue delay and in compliance to the procedure prescribed under respective Regulation.
The notification will be made to your e-mail address at the discretion of ThinkMobiles or by other direct communication available to ThinkMobiles and allowed by Client (for example, by phone or e-mail). It is sole responsibility of the Client to provide us with the e-mail address and ensure that this e-mail address is valid and current.
None of Data Incidents notification from ThinkMobiles may not be and will not be construed as an acknowledgment of any fault or liability with respect to data incident by us.
Client’s security commitments
Client agrees that without prejudice to our security measures and data incidents that it is Client’s responsibility to make appropriate use of our services to ensure a level of security appropriate to the risk in respect of your personal data and securing your authorization credentials, system and devices which you use to access to our services.
We are not obliged to protect your personal data that you choose to store or transfer outside ThinkMobiles and our subprocessors’ systems.
Client’s rights in respect to its personal data
Under the General Data Protection Regulation (EU) 2017/676, you have various rights in relation to your personal data. All of these rights can be exercised by contacting us at info@ThinkMobiles.com. In certain circumstances, you have the following rights in relation to your personal data:
Right of access — you have the right to obtain from us information as to whether your personal data is being processed, and, where that is the case, access to such personal data. You may access and amend your personal data, request the details about purposes of processing of your personal data and prevent from undesirable marketing by opting-out. If you wish to opt out of marketing, use ‘unsubscribe’ option available at our e-mails.
Right to withdraw consent — when we rely on your consent for processing of your personal data, you have the right to withdraw your consent at any time. However, the withdrawal of your consent will not affect the lawfulness of ThinkMobiles’s processing based on consent before your withdrawal.
Right to rectification — we will use reasonable endeavors to ensure that your personal information is accurate. In order to assist us with this, you should notify us of any changes to the personal information that you have provided to us by sending us a request to rectify your personal data where you believe the personal data we have is inaccurate or incomplete.
Right to restriction of processing — you have the right to ask us to stop processing your personal data at any time.
Right to erasure — Asking us to delete all of your personal data will result in ThinkMobiles deleting your personal data without undue delay (unless there is a legitimate and legal reason why we are unable to delete certain of your personal data, in which case we will inform you of this). Asking us to stop processing your personal data or deleting your personal data will likely mean that you are no longer able to use our Services.
Right to data portability — You have the right to request that ThinkMobiles provides you with a copy of all of your personal data and to transmit your personal data to another data controller in a structured, commonly used and machine-readable format, where it is technically feasible for us to do so and the processing is based on consent or contractual performance.
Right to complain — although we encourage our customers to engage with us in the event they have any concerns or complaints, you have the right to lodge a complaint to a supervisory authority.
Right to object automated processing — you have the right not to be subject to a decision based solely on automated processing of your personal data, including profiling, which produces legal or similarly significant effects on you. There may be exceptions or limitations to this right as defined under relevant data protection laws. We will not ordinarily charge you in respect of any requests we receive to exercise any of your rights detailed above, however, if you make excessive, repetitive or manifestly unfounded requests, we may charge you an administration fee in order to process such requests or refuse to act on such requests. When you request us to rectify or erase your personal data or restrict any processing of such data, we may notify third parties to whom such personal data has been disclosed of such request. However, such third party may have the right to retain and continue to process such personal data in its own right, for example to enable it to comply with its own legal obligations.
Right to make a request - you may also send a request to receive the information which is been processed, amended, deleted or locked and information about any parties to which we transmit your personal data.
In some case we may charge a fee (based on our reasonable costs) if the requests are excessive considering the nature of the request itself or nature and functionality of our services.
Cookie & similar technologies
Sharing personal information with ThinkMobiles affiliates and non-affiliated third parties
ThinkMobiles does not sell, license, lease or otherwise disclose your personal information to any affiliate or third party for any reason, except as described below. ThinkMobiles may share information with affiliates if the information is required to provide the product or service you have requested or to provide you the opportunity to participate in the products or services our affiliates offer.
To help us improve our services to you, we may engage another business to help us carry out certain internal functions, such as account processing, fulfillment, client service, client satisfaction surveys or other data collection activities relevant to our business. We may also provide a non-affiliated third party with client information from our database, including your name, address, phone number, and/or e-mail address, to help us analyze and identify client needs, notify clients of product and service offerings or conduct general marketing and market research for us.
ThinkMobiles also forges partnerships and alliances with non-affiliated third parties which offer high-quality products and services that might be of value to our clients. In order to ensure that these products and services meet your needs and are delivered in a manner that is useful and relevant, ThinkMobiles may share some personal information with these non-affiliated third parties.
We always require that all non-affiliated third parties to which we provide your nonpublic personal information agree to keep your information confidential and use such information solely for the limited purpose for which we have engaged them, or as otherwise required by law. In addition, where offers are made to you by non-affiliated third parties, we always require that they disclose that the offer is being extended because of your relationship with us. We also seek to ensure that these nonaffiliated third parties maintain appropriate data security procedures to guard against unauthorized use of, or access to, your personal information.
The security of your personal information
We employ security software, systems and procedures to offer you a safe and secure working environment and to protect your personal, financial information. When you open an account with us, you are issued a unique User ID and a password. Only a limited number of ThinkMobiles employees who have a need to know this information will have access to your User ID, and password. Remember that you are ultimately responsible for maintaining the secrecy of your User ID and password. We strongly recommend that you do not disclose this information to anyone. On our websites and online account application we use technology to encrypt information transmitted by or to you. We use certificate authority (CA) certificates to authenticate our websites and secure trading and customer-facing applications, allowing you to verify that you are connected to our websites.
Changes to this privacy statement and opting out
You may contact ThinkMobiles for any reason under this Privacy Statement, or otherwise, as follows: info@ThinkMobiles.com.
California Privacy NoticeUpdated May 15, 2020
This California Consumer Act Privacy Notice (“CCPA Notice”) applies to “Personal Information” (PI) of “Consumers” as defined by the California Consumer Privacy Act (“CCPA”).
We collect and share the following categories of PI from the corresponding sources and for the corresponding purposes set forth in the table below.
|Category of Personal Information||Sources of Personal Information||Purposes for Collection||Categories of Third Parties with whom Personal Information is Shared||Purposes of Third Parties Receiving PI|
|Identifiers and Personal Records (e.g., email address, name, address, IP address, credit card number)||Directly from you; your devices; Vendors||Performing Services; Processing and managing interactions and transactions; Quality Assurance; security; debugging; marketing||Vendors which assist us in providing services and running our internal business operations ("Vendors"); Data Analytics Partners; Corporate affiliates||Performing Services on our behalf; Processing and managing interactions and transactions; performing services; Quality Assurance; security; debugging|
|Customer Acct. Details/Commercial Information (e.g., details of your use of our service)||You; your devices; Vendors||Performing Services; Research and development; quality assurance; security; debugging; and marketing||Data Analytics Partners; Vendors; Corporate affiliates||Performing Services on our behalf; research and development; quality assurance; security; and debugging|
|Internet Usage Information (e.g., information regarding your interaction with our services)||You; your devices; Data Analytics Partners; Vendors||Performing Services; Research and development; quality assurance; security; debugging; and marketing||Data Analytics Partners; Advertising Networks; Vendors; Corporate affiliates||Performing Services on our behalf; research and development; quality assurance; security; and debugging|
|Inferences (e.g., information regarding your interaction with our services)||Data Analytics Partners; Vendors; Advertising Networks||Research and development; quality assurance; and marketing||Data Analytics Partners; Vendors; Advertising Networks; Corporate affiliates||Performing Services on our behalf; research and development; quality assurance; marketing|
Some browsers have signals that may be characterized as do not track signals, but we do not understand them to operate in that manner or to indicate a do not sell expression by you, so we currently do not recognize these as a do not sell request. We understand that various parties are developing do not sell signals and we may recognize certain such signals if we conclude such a program is appropriate.
California Consumers have the right to exercise the privacy rights under the CCPA. California Consumers may exercise these rights via an authorized agent who meets the agency requirements of the CCPA. Any request you submit to us is subject to an identification and residency verification process (“Verifiable Consumer Request”). Please follow the instructions at our Contact Us page here and respond to any follow up inquiries we may make. In order to verify your identity, we will send you an email to the email address that you provide to us, and you must take action as described in our email. This will enable us to verify that the person who made the request controls and has access to the email address associated with the request. We will check our systems for the email address that you provide, and any information associated with such email address. If you provide us with an email address that has not been used to interact with us, then we will not be able to verify your identity. In other words, the only reasonable method by which we may verify the identity of individuals is if we have an email address on file that was provided to us in relation to our services. We will be unable to fulfill your request if we cannot verify your identity.
Some personal information we maintain about Consumers is not sufficiently associated with enough personal information about the Consumer for us to be able to verify that it is a particular Consumer’s personal information (e.g., clickstream data tied only to a pseudonymous browser ID). As required by the CCPA, we do not include that personal information in response to Verifiable Consumer Requests. If we cannot comply with a request, we will explain the reasons in our response.
We will make commercially reasonable efforts to identify Consumer PI that we collect, process, store, disclose, and otherwise use and to respond to your California Consumer privacy rights requests. We will typically not charge a fee to fully respond to your requests, but we may charge a reasonable fee, or refuse to act upon a request, if your request is excessive, repetitive, unfounded, or overly burdensome.
To make a request according to your rights to know or to request deletion of your PI set forth below, please click here, where you will find a description of the process we use to verify your request and any information that we will need to confirm your identity. For your specific pieces of information, as required by the CCPA, we will apply heightened verification standards, which may include a request to provide further information.
You have the right to send us a request, no more than twice in a twelve-month period, for any of the following for the period that is twelve months prior to the request date:
- The categories of PI we have collected about you.
- The categories of sources from which we collected your PI.
- The business or commercial purposes for our collecting or selling your PI.
- The categories of third parties to whom we have shared your PI.
- The specific pieces of PI we have collected about you.
- A list of the categories of PI disclosed for a business purpose in the prior 12 months, or that no disclosure occurred.
A list of the categories of PI sold about you in the prior 12 months, or that no sale occurred. If we sold your PI, we will explain:
- The categories of your PI we have sold.
- The categories of third parties to which we sold PI, by categories of PI sold for each third party.
You have the right to make or obtain a transportable copy, no more than twice in a twelve-month period, of your PI that we have collected in the period that is 12 months prior to the request date and are maintaining.
Please note that PI is retained by us for various time periods, so we may not be able to fully respond to what might be relevant going back 12 months prior to the request.
Except to the extent we have a basis for retention under CCPA, you may request that we delete your PI that we have collected directly from you and are maintaining. Note also that we are not required to delete your PI that we did not collect directly from you.
You may alternatively exercise more limited control of your PI by instead exercising one of the following more limited opt-outs, including unsubscribing from email newsletters.
We will not discriminate against you in a manner prohibited by the CCPA because you exercise your CCPA rights. However, we may charge a different price or rate, or offer a different level or quality of good or service, to the extent that doing so is reasonably related to the value of the applicable data. In addition, we may offer you financial incentives for the collection, sale and retention and use of your PI as permitted by the CCPA that can, without limitation, result in reasonably different prices, rates, or quality levels. The material aspects of any financial incentive will be explained and described in its program terms. Please note that participating in incentive programs is entirely optional, you will have to affirmatively opt-in to the program and you can opt-out of each program (i.e., terminate participation and forgo the ongoing incentives) prospectively by following the instructions in the applicable program description and terms. We may add or change incentive programs and/or their terms by posting notice on the program descriptions and terms linked to above so check them regularly.
The company is registered as ThinkMobiles, Shandora Petefi sqr., 47/701, Uzhhorod, 88000, Ukraine (hereinafter – “ThinkMobiles”, “we” or “us”), operating under the brand ThinkMobiles, assisting buyers in identifying prospective service providers by creating reviews of such companies and their products under the current Terms and Conditions (“Terms”).
The “Website” - is the website https://ThinkMobiles.com/, which belongs to and/or is administered by the ThinkMobiles or an authorized third party.
The “Account” is a user account accessible after the registration process and via the Services where the user may submit information and content.
"Third-Party Content" shall mean the content provided by third parties, including without limitation links to webpages of such parties, which may be represented on the Website.
The term “you”, “users”, “buyers” or “service provides” refers to users who visit the ThinkMobiles website (“Website”) and/or contribute content to ThinkMobiles via the Website, email, telephone, or otherwise.
Acceptance of terms
By using our Website and/or Services including but not limited obtaining information from ThinkMobiles such as research publications, using the ThinkMobiles API or mobile application, contributing content to ThinkMobiles by any channel including by posting information on the website, responding to a survey, submitting an email, or participating in a telephone interview you, therefore, constitute that you have read, understood and accept the given Terms. If you do not agree with the provisions of the Terms, refrain from using the Website and/or Services.
ThinkMobiles grants you a non-exclusive, non-transferable and limited personal license to access and use the Website (the "License"). This License is conditional upon your full compliance with these Terms.
If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to the Terms. In that case, the terms “you” or “your” shall also refer to such entity, and its affiliates, as applicable. If you do not have such authority, or you do not accept all of these Terms, do not use the Services or provide information to ThinkMobiles.
Changes to the terms
We may without prior notice modify, change or discontinue all or any part of these Terms at any time and in our sole discretion. Any edition of the Terms made publicly available on the Website is actual and final. We will notify you only with the sufficient changes.
You shall check this Terms from time to time during your use of the Services. If you do not accept the modified version of Terms, you must stop using the Services.We may terminate these Terms and your access to all or any part of the Services at any time and for any reason without prior notice or any liability for us.
The mission of ThinkMobiles is to connect buyers and sellers of business services. To achieve our mission, ThinkMobiles website assists buyers in identifying prospective service providers, including by providing reviews of such companies. We also assist service providers in marketing their companies and services. You acknowledge and agree that the all information made available via the Website is estimation only and may differ from information available via other sources outside of the Website.
We are not obligated to maintain or support any of the Services, to provide all or any specific content of the Services, or to provide you with updates, upgrades or services related thereto. You acknowledge that we may from time to time in our sole discretion make updates or upgrades to any of the Services, disable access for any period of time or permanently, and automatically update or upgrade the version of any of the Services that you are using. You consent to such automatic updating or upgrading and agree that these Terms will apply to all such updates or upgrades, unless such upgrade is accompanied by a separate license, in which case the terms of that license will govern.
To be able to use all the possibilities and functionality of our Services you shall undertake the registration process and create an Account. When you create an Account you oblige to:
- set a strong password that you do not use for any other Websites, online or offline services;
- provide accurate email, which belongs to you and you have regular access to;
- maintain the security of your Account and promptly notify us if you discover any suspicious activity related to your account;
- take responsibility for all activities that occur under your Account.
YOU HEREBY UNDERSTAND AND ACKNOWLEDGE, THAT ANY MISTAKES ARE POSSIBLE; YOU INDEMNIFY AND HOLD US HARMLESS AGAINST ANY CLAIMS, DEMANDS AND DAMAGES, WHETHER DIRECT, INDIRECT, CONSEQUENTIAL OR SPECIAL, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE MISTAKES, WHETHER ORIGINATED FROM OUR FAULT OR NOT ELIGIBILITY
Prior to your use of the Services and on an ongoing basis you represent, warrant, covenant and agree that:
- you use our Services at your sole option, discretion and risk;
- you are solely responsible for any applicable taxes which may be payable while using our Services;
- you use our Services personally;
- you are at least 16 years old or of other legal age providing full capacity according to your relevant jurisdiction;
- there are risks, associated with Internet-based systems, such as the failure of hardware, software, and Internet connections, such as any malfunction, unintended function, unexpected functioning of or attack on the network or servers;
You further represent and warrant that you:
- have not previously been suspended or removed from using our Services;
- are not located in, under the control of, or a national or resident of any Restricted Locations, or any country to which the United States has embargoed goods or services;
- are not identified as a "Specially Designated National;"
- are not placed on the Commerce Department’s Denied Persons List;
- will not use our Services if any applicable laws in your country prohibit you from doing so in accordance with these Terms.
YOU INDEMNIFY AND HOLD US HARMLESS AGAINST ANY CLAIMS, DEMANDS AND DAMAGES, WHETHER DIRECT, INDIRECT, CONSEQUENTIAL OR SPECIAL, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA OR LOSS OF ASSETS, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ORIGINATED FROM OR IN ANY WAY CONNECTED WITH INVALIDITY OR BREACH OF ANY OF THE PROVISIONS OF THIS SECTION AND THE ENTIRE TERMS.
WARRANTIES & ACKNOWLEDGMENT
Customer warrants to:
keep and maintain information, including without limitation personal data, financial details and information about all activities;
keep safe the login, password and other information, related to the account to prevent unauthorized access;
provide accurate, complete and current data;
provide all information requested by ThinkMobiles in full and in timely manner;
review and comply with notices sent by ThinkMobiles concerning the Services.
Customer acknowledges that:
ThinkMobiles neither bears any responsibility nor cover any losses caused by inappropriate or unauthorized use of the Services;
availability of payment service may cause delays in payment transactions;
it is your sole responsibility to provide all accurate information correctly and without mistakes or mistypes in any portion of information, otherwise it may lead to transfer of funds to account specified by mistake or to delays in processing.
You further represent, agree and warrant, that you will not violate any law, contract, third-party right or commit a tort by accessing or using the Services, and that you are solely responsible for your actions and/or inactions while using our Services. Without prejudice to the foregoing, you represent, agree and warrant that YOU WILL NOT:
- Submitting any inaccurate, fake, false, or defamatory information in your company profile, reviews, comments, or any User Content;
- Provide compensation or receive compensation in exchange for writing or requesting the removal of content, except for incentivized reviews that comply with our Review Guidelines.
Submit, email, transmit, or otherwise make available or initiate any content that:
- Is unlawful, libelous, abusive, obscene, discriminatory or otherwise objectionable;
- Includes information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- Infringes upon patents, trademarks, trade secrets, copyrights, privacy rights, rights of publicity, or any other intellectual or proprietary rights;
- Contains software viruses, worms, or any other computer code, files or programs that could interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment of ThinkMobiles or any user of ThinkMobiles;
- Duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, or otherwise transfer information found on ThinkMobiles (excluding User Content submitted by you) except as permitted in these Terms, or as expressly authorized by ThinkMobiles;
- Remove or modify any copyright, trademark, or other proprietary rights notice that appears on the Services;
- Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Services or any underlying intellectual property used to provide the Services, or any part thereof;
- Utilize or copy information, content or any data you view on or obtain from ThinkMobiles to provide any service that is competitive, in ThinkMobiles sole discretion, with ThinkMobiles or to create a searchable database of reviews or content available on ThinkMobiles;
- Collect, use, copy, download, or transfer any information, including, but not limited to, personal information obtained from ThinkMobiles except as expressly permitted in these Terms or as the owner of such information may expressly permit;
- Record, process or mine information about other users;
- Use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” “spider,” or index any web pages or any other portion of the Services;
- Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of ThinkMobiles Services or content except as expressly permitted by ThinkMobiles (such as through an approved ThinkMobiles API);
- Attempt to or actually override any security component included in or underlying ThinkMobiles;
- Attempt to gain unauthorized access to the Services, user accounts, or ThinkMobiles systems or networks through hacking, password mining or other means;
- Engage in any action that directly or indirectly interferes with the proper working of or places an unreasonable load on ThinkMobiles infrastructure;
- Post reviews on services or products offered by your current employer or by direct competitors of your current employer’s services or products, or on any products or services for which you have a conflict of interest;
- Threaten, harm, or harass others, and/or
- Log in using an alias that masks your true identity.
Your Responsibility For the Content You Submit The Services may enable you to provide, submit, post, upload, or otherwise make available via the Website, email, telephone, online survey, or otherwise (collectively, “submit”) content such as reviews, comments, messages, and other content (collectively, “User Content”) that may or may not be viewable by other users. You acknowledge and agree that you are solely responsible for all User Content you submit. Once User Content is submitted, it cannot be withdrawn. Any User Content you submit must be accurate and up to date. You agree that you have all required rights to submit, use, or disseminate such User Content without violating any third-party rights. You assume all risk for any User Content you submit, including anyone’s reliance upon such User Content. You may expose yourself to liability if you submit User Content that is false, misleading, defamatory, violates any third-party right or contractual restriction or contains unlawful material. You agree that you will indemnify, defend, and hold harmless ThinkMobiles for all claims resulting from User Content that you submit, including but not limited to claims alleging defamation. We reserve the right, at our own expense, to assume the exclusive defense and control of such disputes, and in any event, you will cooperate with us in asserting any available defenses. You further acknowledge and agree that we reserve the right, in our sole discretion, to reject, move, edit, or remove any User Content that is contributed to the Services for any reason or no reason, but we do not assume the obligation. For example, we may remove a review if we, in our sole discretion ThinkMobiles has no obligation to retain or provide you copies of the User Content.
You acknowledge and agree that we do not verify, adopt, ratify, or sanction User Content and that you must evaluate and bear all risks associated with your use of or reliance on User Content. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise and any ranking on the Services does not constitute or imply endorsement or recommendation thereof by ThinkMobiles. User Content and rankings consist of the opinions of third-parties and may contain inaccuracies. ThinkMobiles makes no assurances regarding the quality, accuracy, or reliability of any User Content or rankings on the Services. You also understand that by using the Services, you may be exposed to User Content that you may consider offensive or objectionable.
From time to time, ThinkMobiles may provide incentives to encourage users to submit reviews. Any such incentives are not dependent on whether the review is positive or negative.
ThinkMobiles is under no obligation to enforce the Terms on your behalf. You may notify ThinkMobiles if you believe another user has violated the Terms; however, ThinkMobiles reserves the right, in its sole discretion to investigate violations of and enforce the Terms.
ThinkMobiles License to User Content
When you submit User Content on or through your use of the Services, you grant us a worldwide, perpetual, irrevocable, royalty-free, non-exclusive, transferable and sub-licensable license, subject to these Terms, to use the User Content for any purpose, including to use, publish, reformat, copy, distribute, reproduce, modify, edit, adapt, publicly perform, translate, and create derivative works from such User Content, in whole or in part, in any format or medium now known or developed in the future, including without limitation for providing, promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels, without any further consent, notice and/or compensation to you or to any third-parties.
ThinkMobiles and its licensees may publicly display advertisements and other information adjacent to or included with User Content. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.
Any and all of your feedback about the Services, such as suggestions for corrections, updates, alterations, changes, or modifications to the Services will be the property of ThinkMobiles and you hereby assign any rights in such feedback to ThinkMobiles, without payment to you.
THIRD-PARTY CONTENT AND SERVICES
For the purposes hereof at the same time "Third-party service" refers to any platform or network which is maintained by a third party outside of the Services, including, but not limited to third-party accounts.
No control over third-party services. You may be charged fees by the third-party service provider. ThinkMobiles is not responsible for any third-party services' fees. You are solely responsible for your use of the third-party service, and you agree to comply with all terms and conditions applicable to any third-party service.
While using our Website, you may view Third-Party Content. We do not control, endorse or adopt (unless otherwise expressly stated by us) any Third-Party Content and shall have no responsibility for Third-Party Content, including without limitation material that may be misleading, incomplete, erroneous, offensive, indecent or otherwise objectionable. In addition, your business dealings or correspondence with such third parties are solely between you and the third parties. We are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings, and you understand that your use of Third-Party Content, and your interactions with third parties, is at your own risk.
All our intellectual property assets ("IP") including but not limited to all copyrights, trademarks, patents, service marks, trade names, software code, icons, logos, characters, layouts, trade secrets, buttons, colour scheme, and graphics are protected by local and international intellectual property laws and treaties.
We hereby grant you a limited, nonexclusive and non-sublicensable license to access and use our IP for your personal use only. In any case, you may not alter, modify, reproduce, distribute or commercially exploit any materials, including text, graphics, video, audio, software code, user interface design or logos. The license granted under this Section will automatically terminate if we suspend or terminate your access to the Services. In case you upload or share any feedback, suggestion, idea or other information or material ("Content") with us you automatically grant us a worldwide license to use your content. It becomes part of the public domain as long as it remains on our Website. It can be used for marketing or any other purposes at our sole discretion.
ThinkMobiles respects the intellectual property rights of others and expects users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that User Content has been copied in a way that constitutes copyright infringement, please provide our copyright agent with the following information in accordance with the Digital Millennium Copyright Act: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Our designated copyright agent for notice of alleged copyright infringement or other legal notices regarding User Content appearing on the Service is:
Shandora Petefi sqr., 47/701,
Uzhhorod, 88000, Ukraine
Please note that we will send a copy of your notice to the person who provided the allegedly illegal content and a link to your published notice may be displayed on ThinkMobiles in place of the removed content. We reserve the right to remove User Content alleged to be infringing or otherwise illegal without prior notice and at our sole discretion. In appropriate circumstances, we will also terminate a user's account if the user is determined to be a repeat infringer.
You agree and consent to receive electronically all Communications that ThinkMobiles may be willing to communicate to you in connection with your ThinkMobiles Account and/or use of our Services. For the purposes hereof “Communications” shall mean all and any communication, agreement, document, receipt, notice, and disclosure, which may be from time to time addressed to User by ThinkMobiles. You may withdraw your consent to receive electronic Communications by sending a withdrawal notice to support. If this is the case, you waive your right to plead ignorance. If you decline or withdraw consent to receive electronic Communications, ThinkMobiles may suspend or terminate your use of the Website.
APPLICABLE LAW AND JURISDICTION
You and ThinkMobiles agree to notify each other in writing of any dispute within thirty (30) days of when it arises. Notice to ThinkMobiles shall be sent by email. Any dispute, controversy, difference or claim arising out of or relating to the Terms, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to it shall be governed by these Terms and the laws of Ukraine, without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction. The exclusive means of resolving any dispute or claim arising out of or relating to these Terms and the Services (including any alleged breach thereof), any litigation against the Company may be commenced only in the courts located in Ukraine. You hereby irrevocably consent to the jurisdiction of those courts for such purposes. Whether the dispute is heard in arbitration or in court, you will not commence against ThinkMobiles a class action, class arbitration or representative action or proceeding.
DISCLAIMERS & LIMITATION OF LIABILITY
Except as expressly provided to the contrary in a writing by us, our services are provided on an "As is" and "As available" basis. WE EXPRESSLY DISCLAIM, AND YOU WAIVE, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO OUR SERVICES, INCLUDING THE INFORMATION, CONTENT AND MATERIALS CONTAINED THEREIN. Except as otherwise required by law, IN NO EVENT SHALL ThinkMobiles, OUR DIRECTORS, OFFICERS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL OR SPECIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE OUR SERVICES, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY ANY USER ON ANY INFORMATION OBTAINED FROM ThinkMobiles, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM A FORCE MAJEURE EVENT, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO ThinkMobiles'S RECORDS, PROGRAMS OR SERVICES. To the maximum extent permitted by applicable law, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF ThinkMobiles (INCLUDING OUR DIRECTORS, OFFICERS, MEMBERS, EMPLOYEES AND AGENTS), WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, ThinkMobiles OR TO THESE TERMS EXCEED THE FEES PAID BY YOU TO ThinkMobiles WITHIN 3 MONTHS IMMEDIATELY PRECEDING THE DATE OF ANY CLAIM GIVING RISE TO SUCH LIABILITY. ThinkMobiles DOES NOT GUARANTEE THAT THE SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS IN FUNCTIONING. IN PARTICULAR, THE OPERATION OF THE SERVICES MAY BE INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR SYSTEM OR NETWORK FAILURES. ThinkMobiles DISCLAIMS ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN FUNCTIONING. FURTHERMORE, ThinkMobiles DISCLAIMS ALL LIABILITY FOR ANY MALFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE SERVICES DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, TO THE SATURATION OF THE INTERNET NETWORK, AND FOR ANY OTHER REASON. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SERVICES, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You agree to indemnify, defend, and hold ThinkMobiles harmless from and against any and all third-party claims, liabilities, demands, settlements, damages, losses, and expenses of any kind (including, but not limited to, reasonable attorneys’ fees and costs) arising out or relating in any way to (1) your failure to comply with these Terms, including, without limitation, your submission of User Content or (2) your use of the Services or any activity in which you engage on or through ThinkMobiles.
We reserve the right to terminate these Terms and delete your Account and registration (including your username and password) for the following reasons: If we believe that you have breached any of the provisions of these Terms, immediately without notice; An attempt by yourself or assist at attempting to gain unauthorized access to the Website; If we decide to terminate our Services, immediately without notice; Use of the Services for performance of illegal activities; Upon the request of legal authorities. We reserve the right to change, suspend or discontinue all or any aspect of the Services at any time without prior notification. The termination does not affect any previous transactions, rights or obligations accrued prior to the notice of termination.
These Terms contain the entire agreement and supersede all prior and contemporaneous understandings between the parties regarding the Services. In the event of any conflict between these Terms and any other agreement you may have with ThinkMobiles, the terms of that other agreement will prevail only if these Terms are specifically identified and declared to be overridden by such other agreement. Nothing in these Terms shall be construed to create a partnership, fiduciary, joint venture or agency relationship between you and us. Our failure or delay in exercising any right, power or privilege under these Terms shall not operate as a waiver thereof. The invalidity or unenforceability of any of these Terms shall not affect the validity or enforceability of any other of these Terms, all of which shall remain in full force and effect. Notwithstanding anything to the contrary contained herein, in no event shall the maximum aggregate liability of ThinkMobiles arising out of or in any way related to these Terms, the access to and use of the Services, content, or any products or services exceed $100. You may not assign or transfer any of your rights or obligations under these Terms without prior written consent from ThinkMobiles, including by operation of law or in connection with any change of control. ThinkMobiles may assign or transfer any or all of its rights under these Terms, in whole or in part, without obtaining your consent or approval. No waiver of any breach of any provision of these Terms shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provisions, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
In case of any questions arising in connection to these Terms, feel free to contact us at info@ThinkMobiles.com.
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