MOGOplus MOBILE SECURITY SOFTWARE
Mogoplus Pty Ltd (“Mogoplus”) provides, markets and sells MOGOplus, a mobile software program to individuals, financial institutions and other businesses. MOGOplus allows end users to enter, encrypt and store confidential and sensitive data, such as passwords and other credentials, on mobile devices for the purpose of accessing secure websites. Mogoplus also aggregates important data collected from secure websites, such as account balances, to provide end users with an overview of their data. Data that is sensitive and critical to end users (e.g. Bank Account Numbers and balances, Website Login ID’s / Passwords, Vendor Account Numbers, Financial Routing Information, Private Phone Numbers, Alarm Codes, Social Security Numbers and Confidential / Privileged Notes) never leaves the user’s device and is not shared with Mogoplus Pty Ltd or any other third party. MOGOplus utilizes strong encryption techniques and a distributed security architecture to protect users’ sensitive data. MOGOplus is referred to as “MOGOplus”, “MOGO+,” the “System” or “Software”.
1. Copyright, Patent and Trademark Information
Copyright © 2013 Mogoplus. All Rights Reserved. Patents applied for and pending. MOGOplus, and the information which it contains, is the property of Mogoplus Pty Ltd and is protected from unauthorized copying and dissemination by Australian copyright law, trademark law, international conventions and other intellectual property laws. By way of example only, and not as a limitation, “MOGOplus”, “Mogo+” and the Mogoplus logos are registered trademarks of Mogoplus, under the applicable laws of Australia and/or other countries. Other Software or service names or logos appearing in the Software are either trademarks or registered trademarks of Mogoplus, and/or their respective owners. The absence of a Software or service name or logo from this list does not constitute a waiver of Mogoplus’s trademark or other intellectual property rights concerning that name or logo.
a. The Software may only be used for lawful purposes.
b. The Software is free to operate on a single mobile device.
c. You understand that upon using the Software, you will be required to create a “Master Password.” The Master Password will be used by you and only you. You agree to not share your Master Password with any employee, agent, officer or director of Mogoplus. You agree that your Master Password will be of equal or greater length and complexity as required by the institutions and/or websites that you will access using the Software.
d. Mogoplus will not under any circumstances have access to your Master Password or the data stored in Mogoplus.
e. If you lose or forget your Master Password, Mogoplus will not be able to assist you in gaining access to your data since Mogoplus does not have access to or knowledge of your Master Password. It is imperative that you do not forget your Master Password since this is required to gain access to the Mogoplus Software.
f. Mogoplus will keep a record of your email address and your answer to a security question. This information will be used only for the purpose of disabling the Mogoplus Software in the event that you request Mogoplus to do so due to loss or theft of your mobile device.
3. Software and Support
MOGOplus requires an internet connection to function on Apple iOS or Android software platforms. You are responsible for all charges payable in respect of such internet connection. Your information in MOGOplus is held securely using “3 key triple DES” encryption with 3×56 = 168 bit keys to encrypt your data on your mobile device. Mogoplus employees do not have access to your records. We cannot help you retrieve your data if you forget your Master Password.
4. Right to Disable Access
5. Restrictions and Responsibilities
5.1. No Rights in Software
Unless you are an authorised reseller of the Software, you may not display, copy, reproduce or distribute the Software, any component thereof, any documentation provided in connection with the Software, or any content, including but not limited to newsletters distributed to you by Mogoplus in connection with the Software. Violation of these restrictions may result in the termination of your right to access and use the Software.
5.2. Permitted Use of the Software
You agree to use the Software for your internal business purposes only
5.3. Compliance with Laws; Monitoring
5.4 Your Information
In using the varied features of the Software, both existing and planned, you may provide information about yourself (such as name, contact information, or other registration information) to Mogoplus. Mogoplus may use this information and any technical information about your use of the Software to tailor its presentations to you, facilitate your movement through the Software, or communicate separately with you. If you licensed the Software as a result of solicitation by a marketing partner of Mogoplus, Mogoplus may share your information with the marketing partner and the marketing partner may share related information with Mogoplus. Mogoplus will not provide your contact information to companies you have not authorized for that purpose unless required by law.
5.5. Intellectual Property Rights in Your Content
You agree that you will not upload or transmit any contact lists, communications or content of any type to Mogoplus or in connection with the Software that infringe, misappropriate or violate any rights of any party. By submitting ideas, concepts, inventions, or content to our web site or using them in connection with the Software, you agree that such submission is non-confidential for all purposes. If you make any such submission, you agree that you will not send or transmit to Mogoplus or to any third party using the Software, any communication or content that infringes or violates any rights of any party. If you submit any business information, ideas, concepts or inventions or content to Mogoplus by email, you agree such submission is non-confidential for all purposes. If you make any submission to Mogoplus or if you submit any business information, idea, concept or invention to Mogoplus by email, you automatically grant or warrant that the owner of such content or intellectual property has expressly granted Mogoplus a non-exclusive, royalty-free, perpetual, irrevocable, worldwide license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display such content in any manner.
5.6. Security Notification & Disclosure Policy
The unauthorized access to Mogoplus’s systems, Software and/or a user’s device which runs Mogoplus is prohibited. Furthermore, the threat of disclosing or actual disclosure of any purported weakness, security flaw or degradation of our Software or systems (which are proprietary and property of Mogoplus) in a public forum – is prohibited.
If we determine that an entity or individual has attempted to reverse engineer, enter, infiltrate or breach our Software, infrastructure and/or a user’s device (which could include a breach or weaknesses in an operating system created by or utilized by one of our strategic OEM partners), we will take such action as to protect our rights.
6.2 Mogoplus reserves the right to do the following, at any time, without notice:
1. Modify, suspend or terminate operation of or access to the Mogoplus website, or any portion of the Mogoplus website, for any reason;
2. Modify or change the Mogoplus website, or any portion of the Mogoplus website, including prices, and any applicable policies or terms; and
3. To interrupt the operation of the Mogoplus website, or any portion of the Mogoplus website, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
7.1 You must indemnify and hold harmless Mogoplus or its employee’s, contractors and agents and keep them indemnified against all loss, actions, proceedings, costs, expenses (including legal fees), claims and damages arising from:
b) reliance by you on any information obtained through the Mogoplus website.
8. Links to Third-Party Web Sites
This Software permits users to link to non-Mogoplus, third-party web sites. These links are provided to you as a convenience, and Mogoplus is not responsible for the content of any linked web site. Any non-Mogoplus web site accessed using Mogoplus Software is independent from Mogoplus, and Mogoplus has no control over the content of that web site. In addition, a link to any non-Mogoplus web site does not imply that Mogoplus endorses or accepts any responsibility for the content or use of such web site.
9. No Implied Endorsements
In no event shall any reference to any third party or third party Software or service be construed as an approval or endorsement by Mogoplus of that third party or of any Software or service provided by a third party.
10. Your Master Password
You are responsible for maintaining the security of your Master Password and credentials entered, imported and exported using the Software. Mogoplus has no knowledge of your Master Password and will not ask or be permitted to ask for your Master Password. You agree to not issue your Master Password to any third parties and shall not, under any circumstances, issue your Master Password to any customer support representative of Mogoplus in the event you contact Mogoplus for Software assistance. Mogoplus shall not be responsible for the actions of any individuals who misuse or misappropriate your information or other any of your assets using your Master Password or the information stored in MOGOplus.
12.5 The Mogoplus website (excluding any linked third party websites) is controlled by Mogoplus. By accessing the Software, you accept that any disputes are to be determined by the courts having jurisdiction in New South Wales, Australia. In accordance with the laws in force in New South Wales (subject to the application of any principal of conflict of laws inconsistent with this requirement).
12.6 Although the Mogoplus website can be accessed throughout Australia and overseas, Mogoplus does not represent that the Software complies with the laws (including the intellectual property laws) of countries outside Australia. If you access the Mogoplus website and Software from outside Australia, you do this on your own responsibility and are responsible for ensuring compliance with all laws in the place where you are located
If you have any questions about the rights and restrictions above, please contact Mogoplus by email at firstname.lastname@example.org.