Terms of Service
OnCell Terms of Service
By using the oncell.com web site (“Service”), or any services of OnCell, Inc. (“OnCell”), you are agreeing to be bound by the following terms and conditions (“Terms of Service”).
OnCell reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: http://www.oncell.com/legal
Violation of any of the terms below will result in the termination of your active, live mobile application (“Account”). While OnCell prohibits such conduct and Content on the Service, you understand and agree that OnCell cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.
- You must be 16 years or older to use this Service
- You must be a real, live human being. Accounts registered by “bots” or other automated methods are not permitted.
- You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
- Your login may only be used by one person – a single login shared by multiple people is not permitted. You may create separate logins for as many people as your plan allows.
- You are responsible for maintaining the security of your account and password. OnCell cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have accounts under your account).
- One person or legal entity may not maintain more than one free account.
- You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
Payment, Refunds, Upgrading and Downgrading Terms
A valid credit card is required for paying accounts, unless other payment terms have been agreed upon in writing. Free accounts are not required to provide a credit card number.
If you initially sign up for an OnCell subscription, and you don't cancel that subscription within 30 days, you will be billed monthly starting on the 30th day after your account was initially created. If you cancel prior to the processing of your first invoice on the 30th day, you will not be charged.
When you decide to publish your project by purchasing a public slot on the OnCell platform, this will end your free trial. You will be billed for your first month immediately upon upgrading.
The Service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) income taxes.
For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle, unless alternate payment methods have been agreed upon writing.
Downgrading your Service may cause the loss of Content, features, or capacity of your Account. OnCell does not accept any liability for such loss.
Cancellation and Termination
You are solely responsible for properly canceling a paid subscription, should you wish to do so. There will be no refunds under any circumstances for previous months or years subscription. An email or phone request to cancel a subscription is required to cancel a subscription. Contact your Client Account Manager to cancel your subscription.
Please note well that when you cancel your account, all of your Content will be immediately deleted from the Service. This information can not be recovered once your account is cancelled. If you wish to keep your content available and temporarily pause your account, contact your Client Account Manager to determine what arrangements can be made.
If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.
OnCell, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other OnCell service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. OnCell reserves the right to refuse service to anyone for any reason at any time.
Modifications to the Service and Prices
OnCell reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the OnCell Site (oncell.com) or the Service itself. OnCell shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
Copyright and Content Ownership
All content posted on the Service must comply with U.S. copyright law. Please review our copyright compliance policy.
We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours. However, by setting your pages to be shared publicly, you agree to allow others to view and share your Content. OnCell does not pre-screen Content, but OnCell, Inc. and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.
Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.
OnCell may assign and transfer any Account or all or any part of its rights hereunder to any person, firm or corporation without limitation. Terms shall continue to remain in effect and shall be binding upon and inure to the benefit of the parties hereto and their successors, representatives and assigns forever.
Technical support is only provided to paying account holders and is only available via email.
You understand that OnCell uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, OnCell, or any other OnCell partner or service.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by OnCell
We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
Verbal, physical, written or other abuse (including threats of abuse or retribution) of any OnCell customer, employee, member, or officer will result in immediate account termination.
You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.
You must not transmit any worms or viruses or any code of a destructive nature.
If your bandwidth usage exceeds 20 GB/month, or significantly exceeds the average bandwidth usage (as determined solely by OnCell) of other OnCell customers, we reserve the right to examine your account and, if necessary, may require you to purchase additional bandwidth.
You expressly understand and agree that OnCell provides a software service that enables you to create, manage and publish mobile web and native applications. When you agree to pay a subscription fee and make your mobile application available to the public, you are using the OnCell Services and you have an Account. OnCell is not a product and therefore you will not receive, or claim ownership to, any software code, software programs, user analytics, OnCell website domain or subdomain, or any mobile application created on, with, or in association with OnCell or OnCell.com.
OnCell does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
You expressly understand and agree that OnCell shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if OnCell has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.
The failure of OnCell to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and OnCell and govern your use of the Service, superceding any prior agreements between you and OnCell (including, but not limited to, any prior versions of the Terms of Service). Questions about the Terms of Service should be sent to support at firstname.lastname@example.org
When accessing our Website, OnCell will learn certain information about you during your visit. How we will handle information we learn about you depends upon what you do when visiting our site.
If you visit our site to read or download information on our pages, we collect and store only the following information about you:
1. The name of the domain from which you access the Internet
2. The date and time you access our site
3. The Internet address of the website you used to link directly to our site.
4. Name (optional)
5. Email address (optional)
6. Organization (optional)
7. Phone number (optional)
If you identify yourself by sending us an e-mail containing personal information, then the information collected will be solely used to respond to your message.
The information collected is for statistical purposes. OnCell may use software programs to create summary statistics, which are used for such purposes as assessing the number of visitors to the different sections of our site, what information is of most and least interest, determining technical design specifications, and identifying system performance or problem areas.
For site security purposes and to ensure that this service remains available to all users, OnCell uses software programs to monitor network traffic to identify unauthorized attempts to upload or change information, or otherwise cause damage.
OnCell will not obtain personally-identifying information about you when you visit our site, unless you choose to provide such information to us, nor will such information be sold or otherwise transferred to unaffiliated third parties without the approval of the user at the time of collection.
App StoreSM, Apple®, Apple logo®, iPad®, iPhone®, iPod®, iPod touch®, iTunes® are trademarks of Apple Inc., registered in the U.S. and other countries.
Android is a trademark of Google Inc.
BlackBerry®, RIM® and Research In Motion® and related trademarks, names and logos are the property of Research In Motion Limited and are registered and/or used in the U.S. and countries around the world.
Windows is a registered trademark of Microsoft Corporation in the United States and other countries.
Palm, Treo, Pre, webOS, Centro, Treo Pro, Blazer and AddIt are trademarks of Palm, Inc.
Adobe and Photoshop are trademarks of Adobe Systems.
All other brand and product names are or may be trademarks of, and are used to identify products or services of, their respective owners.
Grand Central Station photograph by Jim Wong (Jim Wong Photography)
All watercolor drawings by Mark Steele, Cambridge, MA (Mark Steele Art)