Terms and Conditions

1. Agreement to Terms

These Terms and Conditions ("Terms") constitute a legally binding agreement between you and MobileKraft ("Company," "we," "our," or "us") regarding your use of our website, services, and software solutions for TRIRIGA-Maximo integration.

By accessing our website at maximoref.com, using our services, or participating in our free trial program, you agree to be bound by these Terms. If you disagree with any part of these terms, you may not access or use our services.

2. Description of Services

MobileKraft provides enterprise software solutions specializing in:

• MREF-Maximo Manage integration and data transformation
• ExpressFlow connector technology
• Automated middleware elimination solutions
• Enterprise asset lifecycle management integration
• Technical consulting and implementation services
• Software deployment and configuration support

3. Free Trial Terms

3.1 Trial Duration and Scope

• Free trial period: 12 months from activation date
• Includes full deployment, configuration, and technical support
• Access to ExpressFlow connector technology
• Performance monitoring and custom rule configuration
• No setup fees, licensing costs, or hidden charges during trial period

3.2 Trial Eligibility

• Available to qualified businesses and organizations only
• One trial per organization/company
• Requires valid business email address and project information
• Subject to approval based on project requirements and compatibility
• Available through channel partners as well
• Requires core MREF/TRIRIGA users to be licensed for all environments
• Specific terms or usage or restrictions may apply

3.3 Trial Limitations

• Trial use is limited to evaluation and testing purposes
• Production deployment, although still free for the term, requires separate commercial agreement
• Data processing volume may be subject to reasonable usage limits
• Support response times may differ from commercial service levels

3.4 Trial Termination

• Either party may terminate the trial with 30 days written notice
• Automatic termination upon expiry of 12-month period
• Immediate termination for violation of these Terms
• Data export assistance provided upon reasonable request before termination
• All software must be removed from the all the environments on termination.

4. User Accounts and Registration

4.1 Account Creation

To access our services, you must:

• Provide accurate, complete, and current information
• Maintain and update your account information
• Be responsible for all activities under your account
• Notify us immediately of any unauthorized access

4.2 Account Security

• You are responsible for safeguarding your login credentials
• We recommend using strong, unique passwords
• Enable two-factor authentication when available
• Immediately report any security breaches or unauthorized access

5. Acceptable Use Policy

5.1 Permitted Use

You may use our services for:

• Legitimate business evaluation and integration purposes
• Testing compatibility with your existing systems
• Training and educational activities within your organization
• Performance benchmarking and analysis

5.2 Prohibited Activities

You agree not to:

• Reverse engineer, decompile, or disassemble our software
• Use the services for illegal or unauthorized purposes
• Attempt to gain unauthorized access to our systems
• Interfere with or disrupt the service or servers
• Use automated scripts or bots without prior written consent
• Share access credentials with unauthorized third parties
• Use the service to compete directly with MobileKraft
• Violate any applicable laws or regulations

6. Intellectual Property Rights

6.1 Our Intellectual Property

• MobileKraft retains all rights to our software, technology, and documentation
• Our trademarks, logos, and brand names are protected intellectual property
• No license or rights are granted except as explicitly stated in these Terms
• ExpressFlow connector technology remains proprietary to MobileKraft

6.2 Your Data and Content

• You retain ownership of all data you provide to our services
• You grant us limited rights to process your data to provide services
• We do not claim ownership of your business data or configurations
• You represent that you have rights to all data you provide

6.3 Third-Party Intellectual Property

• IBM, Maximo, TRIRIGA and MAS suite products are related to International Business Machines Corporation
• We respect all third-party intellectual property rights
• Our services integrate with but do not replace third-party software

7. Data Protection and Privacy

Your privacy and data protection are important to us. Our data handling practices are governed by our Privacy Policy, which is incorporated by reference into these Terms.

7.1 Data Processing

• We process your data only as necessary to provide our services
• Data is encrypted in transit and at rest
• We implement appropriate security measures to protect your information
• We comply with applicable data protection regulations including GDPR

7.2 Data Location and Transfers

• Data may be processed in various jurisdictions
• We ensure appropriate safeguards for international data transfers
• You may request information about data processing locations

8. Service Availability and Performance

8.1 Service Levels

• We strive to maintain high service availability but cannot guarantee 100% uptime
• Scheduled maintenance will be communicated in advance when possible
• Emergency maintenance may be performed without prior notice
• Service levels for free trial may differ from commercial agreements

8.2 Technical Support

• Technical support is provided during business hours via email
• Support response times are on a best-effort basis for trial users
• Documentation and self-service resources are available 24/7
• Emergency support may be available for critical issues

9. Limitation of Liability

9.1 Service Disclaimer

Our services are provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to:

• Merchantability or fitness for a particular purpose
• Non-infringement of third-party rights
• Continuous, uninterrupted, or error-free operation
• Accuracy, reliability, or completeness of information

9.2 Limitation of Damages

To the maximum extent permitted by law, MobileKraft shall not be liable for:

• Direct, Indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or business opportunities
• Business interruption or loss of goodwill
• Damages arising from third-party products or services

9.3 Maximum Liability

Our total liability for any claims related to these Terms or our services shall not exceed the amount paid by you for our services in the 12 months preceding the claim. For free trial users, our maximum liability shall not exceed SD 100.

10. Indemnification

You agree to indemnify, defend, and hold harmless MobileKraft and its officers, directors, employees, agents and affiliates from any claims, damages, losses, or expenses arising from:

• Your use of our services in violation of these Terms
• Your violation of any applicable laws or regulations
• Infringement of third-party rights by your data or content
• Unauthorized access to our services using your credentials

11. Termination

11.1 Termination by You

• You may terminate your use of our services at any time
• Contact us to request account closure and data deletion
• Some data may be retained as required by law or legitimate business interests

11.2 Termination by Us

We may suspend or terminate your access to our services:

• For violation of these Terms or acceptable use policy
• If we reasonably believe your use poses security risks
• Upon expiry of trial period without commercial agreement
• For extended periods of inactivity
• If required by law or regulatory authorities

11.3 Effect of Termination

• Your right to access and use our services will cease immediately
• We will provide reasonable assistance for data export
• Sections of these Terms that should survive will remain in effect

12. Governing Law and Disputes

12.1 Governing Law

These Terms are governed by and construed in accordance with the laws of England and Wales, UK, without regard to conflict of law principles.

12.2 Dispute Resolution

• We encourage resolving disputes through direct communication first
• Formal disputes shall be resolved through binding arbitration
• Arbitration shall be conducted under the rules of London Court of International Arbitration (LCIA)
• Each party shall bear their own costs unless otherwise determined

12.3 Class Action Waiver

You agree that any arbitration shall be conducted in your individual capacity only and not as a class action or representative proceeding.

13. General Provisions

13.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and MobileKraft regarding the use of our services.

13.2 Modifications

• We may update these Terms from time to time
• Material changes will be communicated via email or website notice
• Continued use after changes constitutes acceptance of new Terms
• If you disagree with changes, you must stop using our services

13.3 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.

13.4 Assignment

• You may not assign your rights under these Terms without our consent
• We may assign our rights and obligations to any third party
• These Terms bind and benefit successors and assigns

13.5 Force Majeure

Neither party shall be liable for any failure to perform due to circumstances beyond their reasonable control, including natural disasters, government actions, or network failures.

14. Contact Information

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

For urgent matters, please clearly mark your communication as "URGENT" in the subject line.

15. Definitions

• "WebSite" means all content available within the maximoref.com website.
• "Services" means all software, technology, and support services provided by MobileKraft
• "User" or "You" means any individual or entity using our services
• "Content" means any data, text, software, or other materials
• "Intellectual Property" means patents, copyrights, trademarks, trade secrets, and other proprietary rights
• "Personal Data" has the meaning given in our Privacy Policy and applicable data protection laws
• "Business Day" means Monday through Friday, excluding public holidays