Terms of Use - MobiSec Cloud

Effective as of November 20, 2025

Welcome to the MobiSec Terms of Use agreement. For purposes of this agreement, “Site” refers to the Company’s website, which can be accessed at mobisec.cloud, and “Service” refers to the Company’s suite of mobile applications and platforms, including but not limited to OmniLock, OmniShield, OmniWatch, OmniPatrol, Row Call, and the Gauss C2 Platform.

The terms “we,” “us,” and “our” refer to the Company (MobiSec). “You” refers to you, as a user of our Site or our Service.

The following Terms of Use apply when you view or use the Service via our website or by accessing the Service through clicking on the applications (the “App”) on your mobile device.

Please review the following terms carefully. By accessing or using the Service, downloading our Apps, or granting Device Owner/Administrator privileges, you signify your agreement to these Terms of Use. If you do not agree to be bound by these Terms of Use in their entirety, you may not access or use the Service.

PRIVACY POLICY

The Company respects the privacy of its Service users. Please refer to the Company’s Privacy Policy (found here: mobisec.cloud/privacy) which explains how we collect, use, and disclose information that pertains to your privacy. When you access or use the Service, you signify your agreement to the Privacy Policy as well as these Terms of Use.

ABOUT THE SERVICE

The Service provides advanced digital security, asset tracking, community intelligence, and command-and-control capabilities. The Service allows you to:

Secure mobile devices against theft and unauthorized factory resets (OmniLock).
Filter and block malicious communication (OmniShield).
Report community security incidents and receive alerts (OmniWatch/Gauss C2).
Track workforce or security personnel attendance and location (Row Call/OmniPatrol).

REGISTRATION; RULES FOR USER CONDUCT AND USE OF THE SERVICE

You need to be at least 18 years old to register for and use the Service on your own behalf. Minors may only use the service with the explicit consent and supervision of a parent or legal guardian.

If you are a user who signs up for the Service, you will create a personalized account which includes a unique username and a password to access the Service. You agree to notify us immediately of any unauthorized use of your password and/or account. The Company will not be responsible for any liabilities, losses, or damages arising out of the unauthorized use of your member name, password and/or account.

CRITICAL NOTICE: DEVICE ADMINISTRATOR & OWNER PRIVILEGES

Certain MobiSec applications (specifically OmniLock and Row Call) require Device Administrator or Device Owner privileges to function. By granting these permissions, you explicitly acknowledge and agree that:

Factory Reset Protection: The software may prevent you or any third party from factory resetting the device via standard means. This is an anti-theft feature.
Remote Wipe Authority: You grant the Service the authority to wipe all data from the device upon receiving a verified command from your account credentials. MobiSec is not liable for data loss resulting from a user-initiated (accidental or intentional) remote wipe command.
Uninstallation: You acknowledge that standard uninstallation may be blocked to prevent theft. You must follow the specific "Prepare for Uninstall" procedures outlined in the App to remove the software.

USE RESTRICTIONS

Your permission to use the Site and Service is conditioned upon the following use and conduct restrictions. You agree that you will not under any circumstances:

Use the Service for stalking, harassment, or covert surveillance of any individual without their explicit consent.
Install the software on devices you do not legally own or have explicit, written authorization to manage.
Attempt to reverse engineer, decompile, disassemble, or hack any aspect of the Service or the App code.
Use the Service for any unlawful purpose or for the promotion of illegal activities.
Provide false or inaccurate information when registering an account or reporting a security incident (e.g., filing false "Panic" alerts).
Interfere or attempt to interfere with the proper functioning of the Service.
Bypass any robot exclusion headers or other measures we take to restrict access to the Service.

POSTING AND CONDUCT RESTRICTIONS (INCIDENT REPORTS)

When you create your own personalized account, you may be able to provide Incident Reports, Panic Alerts, Photos, and Voice Notes (“User Content”) to the Service via apps like OmniWatch or OmniPatrol. You are solely responsible for the User Content that you post, upload, or otherwise make available via the Service.

By transmitting and submitting any User Content while using the Service, you agree as follows:

You are solely responsible for your account and the activity that occurs while signed in to or while using your account;
You will not post information that is malicious, libelous, false, or inaccurate (e.g., false crime reports);
You will not post any information that is abusive, threatening, obscene, defamatory, or racially, sexually, religiously, or otherwise objectionable;
You retain all ownership rights in your User Content but you are required to grant the following rights to the Site and to users of the Service: When you upload or post User Content to the Service (e.g., a photo of a suspicious vehicle), you grant to the Company a worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, distribute, and display that Content in connection with the provision of the Service (e.g., sharing the alert with local security providers or the Gauss C2 network).

ONLINE CONTENT DISCLAIMER

Opinions, advice, statements, offers, or other information or content made available through the Service, but not directly by the Site, are those of their respective authors, and should not necessarily be relied upon.

We do not guarantee the accuracy, completeness, or usefulness of any information on the Service (e.g., crowd-sourced crime reports). We take no responsibility and assume no liability for any User Content that you or any other user or third party posts or sends via the Service. Under no circumstances will we be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on the Service, or transmitted to users.

INTELLECTUAL PROPERTY

You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the Service, including applicable copyrights, trademarks, and other proprietary rights. Other product and company names that are mentioned on the Service may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you under these Terms of Use.

USER CONSENT TO RECEIVE COMMUNICATIONS IN ELECTRONIC FORM

For contractual purposes, you: (a) consent to receive communications from us in an electronic form via the email address you have submitted; and (b) agree that all Terms of Use, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing.

WARRANTY DISCLAIMER

THE SERVICE IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SERVICE INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT.

SPECIFICALLY, MOBISEC DOES NOT WARRANT THAT:

THE SERVICE WILL PREVENT THE THEFT OF YOUR DEVICE OR ASSETS.
THE SERVICE WILL SUCCESSFULLY RECOVER A STOLEN DEVICE OR ASSET.
THE SERVICE WILL FUNCTION WITHOUT INTERRUPTION IN AREAS WITH POOR CONNECTIVITY OR SIGNAL JAMMING.
THE "PANIC" OR "EMERGENCY" FEATURES WILL GUARANTEE A PHYSICAL RESPONSE FROM SECURITY PROVIDERS OR LAW ENFORCEMENT.

YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR USE OF THE SERVICE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU.

LIMITATION OF DAMAGES; RELEASE

TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE, OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM:

(A) THE USE, DISCLOSURE, OR DISPLAY OF YOUR USER CONTENT;
(B) YOUR USE OR INABILITY TO USE THE SERVICE;
(C) ANY LOSS OF DATA OR DEVICE FUNCTIONALITY RESULTING FROM THE USE OF REMOTE WIPE OR LOCK FEATURES;
(D) THE FAILURE OF THE SERVICE TO PREVENT A SECURITY INCIDENT, THEFT, OR PHYSICAL HARM.

WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

If you have a dispute with one or more users (e.g., regarding a community alert), you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

MODIFICATION OF TERMS OF USE

We can amend these Terms of Use at any time and will update these Terms of Use in the event of any such amendments. It is your sole responsibility to check the Site from time to time to view any such changes in this agreement. Your continued use of the Site or the Service signifies your agreement to our revisions to these Terms of Use.

GENERAL TERMS

If any part of this Terms of Use agreement is held or found to be invalid or unenforceable, that portion of the agreement will be construed as to be consistent with applicable law while the remaining portions of the agreement will remain in full force and effect.

You agree that any cause of action related to or arising out of your relationship with the Company must commence within ONE year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

These Terms of Use and your use of the Site are governed by the laws of the Republic of South Africa, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the magistrate courts located within South Africa for the purpose of litigating all such claims or disputes.

YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, UNDERSTAND THE TERMS OF USE, AND WILL BE BOUND BY THESE TERMS AND CONDITIONS. YOU FURTHER ACKNOWLEDGE THAT THESE TERMS OF USE TOGETHER WITH THE PRIVACY POLICY REPRESENT THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US.