Terms and Conditions

These terms and conditions (“Agreement”) set forth the general terms and conditions of your use of this website (“Website”) and any of its related products and services (collectively, “Services”). This Agreement is legally binding between you (“User”, “you” or “your”) and Open Mobile (“Open Mobile”, “we”, “us” or “our”). If you are entering into this Agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this Agreement, in which case the terms “User”, “you” or “your” shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of this Agreement, you must not accept this Agreement and may not access and use the Website and Services. By accessing and using the Website and Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. You acknowledge that this Agreement is a contract between you and Open Mobile, even though it is electronic and is not physically signed by you, and it governs your use of the Website and Services.

Billing and Payments

You are required to pay all fees and charges associated with your account in accordance with the pricing and billing terms in effect at the time the payment is due. All pricing is listed in United States Dollars (USD) unless otherwise specified. We offer a money-back guarantee for new purchases in accordance with our refund policy. If you are not satisfied with your purchase, you may request a refund within the specified time frame outlined in the refund policy. After the refund window has passed, no refunds will be provided. In the event that we determine a purchase constitutes a high-risk transaction, we reserve the right to request additional information to verify the transaction, such as a copy of a valid government-issued photo ID or a recent bank statement associated with the payment method used. This process is designed to ensure the security and integrity of all transactions conducted through our Website and to protect both our users and Open Mobile from fraudulent activity.

Accuracy of Information

While we strive to ensure that all information on the Website is accurate and up to date, the information available on the Website may contain inaccuracies, omissions, or typographical errors. We reserve the right to correct any errors, inaccuracies, or omissions at any time, without prior notice, even after an order has been submitted. This may include canceling orders if the information pertaining to the purchase was incorrect at the time of submission. Additionally, we are not obligated to update or amend any outdated information on the Website, including but not limited to pricing information, except as required by law. It is important to note that the presence of an update or refresh date on the Website should not be interpreted as an indication that all information has been modified or is current.

Links to Other Resources

Although the Website and Services may link to other resources (such as websites, mobile applications, etc.), we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked resource, unless specifically stated herein. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their resources. We do not assume any responsibility or liability for the actions, products, services, and content of any other third parties. You should carefully review the legal statements and other conditions of use of any resource which you access through a link on the Website. Your linking to any other off-site resources is at your own risk.

Prohibited Uses

In addition to other terms as set forth in the Agreement, you are prohibited from using the Website and Services or Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website and Services, third party products and services, or the Internet; (h) to spam, phish, pharm, pretext, spider, crawl, or scrape; (i) for any obscene or immoral purpose; or (j) to interfere with or circumvent the security features of the Website and Services, third party products and services, or the Internet. We reserve the right to terminate your use of the Website and Services for violating any of the prohibited uses.

Disclaimer of Warranty

The Website and Services are provided on an “as is” and “as available” basis, without any warranties or guarantees, whether express or implied. We expressly disclaim any and all implied warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no representations or warranties that the Services will meet your specific requirements, that they will be uninterrupted, timely, secure, or error-free, or that any defects in the Services will be corrected. Any product, content, data, or material downloaded or otherwise obtained through the Website is done at your sole discretion and risk, and you agree that you are fully responsible for any damage to your computer system or loss of data that results from such downloads. No information, whether oral or written, obtained from Open Mobile or through the Services shall create any warranty not expressly stated in this Agreement.

Limitation of Liability

To the maximum extent permitted by applicable law, Open Mobile, its affiliates, directors, officers, employees, agents, suppliers, and licensors shall not be held liable for any indirect, incidental, special, punitive, or consequential damages arising from or related to your use of the Website and Services. This includes, but is not limited to, damages for loss of profits, revenue, data, goodwill, or business opportunities, regardless of the legal theory under which the claim arises. Open Mobile’s total liability for any claims related to the Services shall be limited to the greater of one dollar ($1.00) or the amount you paid to Open Mobile for the Services in the one-month period preceding the event giving rise to the claim. These limitations apply even if the remedies provided herein fail to fulfill their essential purpose or if we were advised of the possibility of such damages in advance.

Indemnification

You agree to indemnify and hold Open Mobile and its affiliates, directors, officers, employees, agents, suppliers and licensors harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys’ fees, incurred in connection with or arising from any third party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Website and Services or any willful misconduct on your part.

Severability

All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.

Dispute Resolution

The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of the State of Minnesota, United States of America without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of United States of America. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts located in the State of Minnesota, United States of America, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

Changes and Amendments

We reserve the right to modify this Agreement or its terms related to the Website and Services at any time at our discretion. When we do, we will revise the updated date at the bottom of this page. We may also provide notice to you in other ways at our discretion, such as through the contact information you have provided.

An updated version of this Agreement will be effective immediately upon the posting of the revised Agreement unless otherwise specified. Your continued use of the Website and Services after the effective date of the revised Agreement (or such other act specified at that time) will constitute your consent to those changes.

Acceptance of These Terms

You acknowledge that you have read this Agreement and agree to all its terms and conditions. By accessing and using the Website and Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to access or use the Website and Services. This policy has been created with the help of the terms and conditions generator.

Contacting Us

If you have any questions or concerns regarding this Agreement, you can contact us.

This document was last updated on April 15, 2025