Terms of Use

Motile provides clients with an agreement for Services. The Service must not be used for sending unsolicited messages (SPAM) or used in any way which violates local laws and intellectual property rights. Motile reserves the right to suspend or cancel your account in the event of a suspected breach.

You agree to indemnify and hold harmless Motile against any damages, losses, liabilities, settlements, and expenses (including without limitation costs and reasonable legal fees) in connection with any claim or action that arises from any actions arising from or relating to your use of Services.

You are responsible for maintaining the confidentiality of your password and account. You agree to immediately notify Motile of any unauthorised use of their account or any other known breach of access.

As the User of the Service you agree that the use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis, without any warranty or representations whether express or implied.

Motile makes no warranty that the service will be uninterrupted, timely, or error-free. Nor does it make any warranty as to the accuracy or reliability of any information obtained through this service or that potential defects in the software will be corrected.

Motile or any of its associated entities, service providers, business partners, contractors, employees, or agents (collectively referred to as “Motile” for the purposes of this section) shall not be liable for any direct, indirect, special, incidental or consequential damages, resulting from the use or the inability to use the service.

Your sole and exclusive remedy for damages from any cause, regardless of the form of the action whether in contract, tort (including negligence), failure or non-performance of the Services or otherwise shall be limited to the amount you paid for the Service.

If any provision of the Agreement is found to be unenforceable or invalid, that will not prejudice or effect all other terms of this Agreement from remaining in full force and effect.

Motile may modify the Terms of Use for Services from time-to-time which will be updated on our website.

SPAM Compliance

All electronic communication and other services generated through Motile on behalf of our clients in Australia must comply with the Spam Act (2003) and other anti-spam guidelines and regulatory requirements.

Motile clients must comply with all legislation related to the privacy of personal and other information. Any client who violates this agreement is subject to services termination and potential legal action.

For further related information and resources please visit the following sites:

Australian Communications and Media Authority – www.acma.gov.au

Australian Privacy Commissioner – www.privacy.gov.au

Australian eMarketing Code of Practice – http://www.acma.gov.au

Privacy & Security

Motile takes the privacy of our clients’ customer databases seriously.  A client’s customer database is owned by the client as an asset of their business, as such your customer information will be kept confidential.  Motile will not contact, sell or share your customer list with any other party, unless required to by law.

All of our clients’ data assets including customer lists, email messages and reports are securely stored and constantly backed up as part of a sophisticated security architecture on firewall protected servers located in a premium data facility with multiple layers of protection.

Your personal information is used to create your account access and provide our Service to you. Only authorised persons will have access to your account for the purpose of fulfilling our Service to you. We may from time-to-time scan the contents of your account to ensure compliance with our terms of use.