Terms of Service

Last updated: January 15, 2025

1. Agreement to Terms

Welcome to Ongo Mobile ("Company", "we", "our", "us"). These Terms of Service ("Terms") govern your use of our customer relationship management software and services (collectively, the "Service").

By accessing or using our Service, you agree to be bound by these Terms. If you disagree with any part of the terms, you may not access the Service.

2. Accounts

When you create an account with us, you must provide accurate, complete, and current information at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

3. Subscription Plans and Billing

3.1 Free Plan

Our Free Plan is provided at no cost and includes limited features as specified on our pricing page. Free Plan limitations include:

  • Maximum of 15 customers
  • Maximum of 3 technicians
  • Maximum of 1 route
  • Limited export capabilities

3.2 Pro Plan

The Pro Plan is a paid subscription that provides access to additional features including unlimited customers, technicians, routes, and advanced export capabilities. Pricing for the Pro Plan is displayed on our pricing page and is subject to change with notice.

3.3 Billing

Pro Plan subscriptions are billed in advance on a monthly or annual basis depending on the plan you select. Payment is due at the beginning of each billing cycle and is non-refundable except as required by law or as explicitly stated in these Terms.

3.4 Cancellation

You may cancel your Pro subscription at any time. Upon cancellation, your account will be downgraded to the Free Plan at the end of your current billing cycle. You will retain access to Pro features until the end of the paid period.

4. Acceptable Use

You agree not to use the Service to:

  • Violate any applicable laws or regulations
  • Infringe on the intellectual property rights of others
  • Transmit any harmful or malicious code
  • Attempt to gain unauthorized access to the Service or related systems
  • Interfere with or disrupt the Service or servers
  • Use the Service for any illegal or unauthorized purpose
  • Harass, abuse, or harm another person
  • Impersonate any person or entity

5. Your Data and Privacy

5.1 Your Data

You retain all rights to the customer data, notes, and other information you input into the Service ("Your Data"). We claim no intellectual property rights over the material you provide to the Service.

5.2 Data Security

We implement commercially reasonable technical and organizational measures to protect Your Data against unauthorized access, loss, or alteration. However, no method of transmission over the Internet or electronic storage is 100% secure.

5.3 Privacy Policy

Your use of the Service is also governed by our Privacy Policy. Please review our Privacy Policy to understand our practices regarding the collection and use of your personal information.

5.4 Data Backup

While we perform regular backups of the Service, you are responsible for maintaining your own backups of Your Data. We recommend regularly exporting your customer data.

6. Intellectual Property

The Service and its original content, features, and functionality are and will remain the exclusive property of Ongo Mobile and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries.

Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Ongo Mobile.

7. Third-Party Services and Links

Our Service may contain links to third-party websites or services (such as Setmore, QuickBooks, or calendar services) that are not owned or controlled by Ongo Mobile.

Ongo Mobile has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that Ongo Mobile shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of any such content, goods, or services available on or through any such websites or services.

8. Termination

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service or contact us to request account deletion.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

9. Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ONGO MOBILE AND ITS SUPPLIERS AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

ONGO MOBILE MAKES NO WARRANTY THAT THE SERVICE WILL BE ERROR-FREE OR THAT ACCESS THERETO WILL BE CONTINUOUS OR UNINTERRUPTED.

10. Limitation of Liability

IN NO EVENT SHALL ONGO MOBILE, NOR ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

  • Your access to or use of or inability to access or use the Service
  • Any conduct or content of any third party on the Service
  • Any content obtained from the Service
  • Unauthorized access, use, or alteration of your transmissions or content

WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

11. Indemnification

You agree to defend, indemnify, and hold harmless Ongo Mobile and its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of:

  • Your use and access of the Service
  • Your violation of any term of these Terms
  • Your violation of any third-party right, including without limitation any copyright, property, or privacy right
  • Any claim that Your Data caused damage to a third party

12. Governing Law

These Terms shall be governed and construed in accordance with the laws of the State of california, United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

13. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days' notice prior to any new terms taking effect.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

14. Contact Us

If you have any questions about these Terms, please contact us:

  • By email: customer-support@ongomobile.com

Acknowledgment

By using Ongo Mobile, you acknowledge that you have read these Terms of Service and agree to be bound by them.