MOBLE CMS
MASTER TERMS OF USE

1. Acceptance; Formation of Contract; Platform Overview

1. Acceptance. You may only access and use the Services if you accept these Terms. By accessing, browsing and/or using any part of the platform, you agree to be bound by these Terms and any document linked from them (including our Privacy Policy).
2. Formation. Upon (a) acceptance of an order or Proposal/SOW, (b) completion of online sign-up referencing these Terms, or (c) commencement of use, a contract incorporating these Terms is formed between the Account Owner and MOBLE CMS PTY LTD (and/or the relevant affiliate where applicable under Section 18).
3. Latest Version. We will always upload the latest version to https://www.moble.com/terms-cms.
4. Scope of Services (Modules). The platform includes Website Builder, CMS, Chatbot Builder, Ecommerce, CRM, Support Ticket System, and Project/Task Management (collectively, the “Services”). Some features may be offered in Beta (see Section 12).
5. Business Use. You confirm you acquire and use the Services for business purposes, not personal, domestic or household use.

2. Definitions & Interpretation

Key Definitions. For convenience, selected terms are defined below:

• Account Owner means the person or entity that creates the MOBLE account and is the contracting party to these Terms (see Section 4).
• Affiliate means an entity that directly or indirectly controls, is controlled by, or is under common control with a party.
• AI Tokens means the tokenised compute/usage consumed by AI features (e.g., generative responses, embeddings, extraction).
• Beta Services has the meaning in Section 12.
• Built By You (Software) Solution means self-service platform use under a subscription plan (including KB Page-based pricing).
• Built For You (Service) Solution means MOBLE professional services under a Proposal/SOW (including “Pause & Play”).
• Built With You (Consulting+) Solution means MOBLE’s “Not Just Consulting” monthly consulting/implementation service.
• Business Day means Monday–Friday excluding NSW public holidays.
• Confidential Information is defined in Section 10.
• Customer Personal Data means personal information processed by MOBLE on your behalf in providing the Services, as defined in Annex B (DPA).
• Documentation means the then-current usage guides, admin help, implementation guides, and API documentation we make available in-product or on our website.
• GST has the meaning in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
• KB Page means a Knowledge Base page counted for billing. A KB Page includes each distinct page in your Knowledge Base and each file (e.g., PDF or image) for which the platform’s Text Extraction feature extracts text and adds that text to the Knowledge Base. Draft KB Pages are counted. “System Pages” (see Section 7.7) do not count toward KB Pages.
• Minimum Term means the minimum subscription term where specified in an Order or plan.
• Non-Excludable Guarantee means a non-excludable guarantee implied by the Australian Consumer Law (ACL).
• Order means an online checkout, pricing plan selection, or other ordering document (including in-app plan changes) that references these Terms.
• Payment Gateway means a third-party payment processor supported by MOBLE (e.g., Stripe, Pin Payments, Braintree, as updated).
• Personal Information has the meaning in the Privacy Act 1988 (Cth).
• Platform means the MOBLE website platform, its code and content, and any mobile/desktop versions, apps, APIs, and related Services.
• Proposal/SOW means a written proposal, statement of work, or roadmap agreed by the parties for professional services.
• Professional Services means optional services MOBLE provides under a Proposal/SOW, including Built For You and Built With You. Professional Services are distinct from subscription plans.
  PRO Plan means the subscription tier named “PRO” described in Section 6. It is unrelated to Professional Services.
• Privacy Policy means the policy published at https://www.moble.com/privacy (update link if different).
• Registered User Data has the meaning in Section 9.
• Service Charges/Fees means fees payable for the Services, plans, addons, usage and professional services.

Interpretation. Headings are for convenience only; references to statutes include amendments; currency is USD unless otherwise stated (see Section 6 “Currency & Taxes”); time is NSW time; “including” is not limiting; references to a person include entities.

3. Access by Unregistered Users

Unregistered users may browse public-facing content but may not use subscription features or modules.

4. Account Ownership, Registration & Team Access

1. Account Owner; Authority. The person or entity creating the account is the Account Owner and the contracting party. If you register on behalf of a company, you warrant authority to bind that entity; the entity is the Account Owner and you must use your organisation email.
2. Business Use Confirmation. You confirm Services are used for business purposes.
3. Accurate Details; Verification. Provide accurate information and keep it up to date. We may email a verification link; we may decline or cancel registration if verification is not completed or eligibility is not met.
4. Security; Credentials. You are responsible for maintaining the confidentiality and security of credentials. Notify us immediately of any unauthorised use. MOBLE is not responsible for loss arising from compromised credentials.
5. Team / Staff Accounts via “My Team”. The Account Owner may add/remove team users with granular permissions via Main Menu → “My Team.” The Account Owner is responsible for permissioning and all actions by team users.
6. Ownership Disputes. If an ownership/control dispute arises, we may request documentation (e.g., ASIC extract, ABN/ACN evidence, ID, last 4 digits of card on file, corporate role). We may temporarily freeze access and/or transfer control to the party we reasonably determine is the lawful owner. If we cannot reasonably determine ownership, we may suspend access until the parties resolve the dispute.
7. Affiliates & Contractors as Permitted Users. You may permit your Affiliates’ employees and your contractors (together, Permitted Users) to access the Services via “My Team”, provided that you remain responsible for their acts and omissions, their compliance with these Terms, and that access is solely for your benefit. You must immediately remove access for any individual who no longer requires it.

5. Services, Modules & Usage Restrictions

1. License. Subject to payment and compliance, MOBLE grants you a non-exclusive, non-transferable, non-sublicensable, revocable right to access and use the Services during your subscription for your internal business purposes as described in these Terms and your plan/Order.
2. Usage Restrictions. You must not (and must not permit anyone to): copy, modify, adapt, translate, reverse engineer, disassemble or decompile the Platform except to the extent permitted by law; circumvent security or technical protections; scrape, republish, mirror, rent, lease, sell, resell or sublicense the Platform (except your own content); create a competing product using the Services; use the Services in violation of law or third-party rights.
3. Acceptable Use. You must not use the Services to: violate rights (privacy, IP, publicity); distribute malware; harass; conduct fraud; engage in phishing; circumvent authentication; deny service; intercept data not intended for you; send unsolicited or unlawful communications in breach of applicable marketing/anti-spam laws (including the Spam Act 2003 (Cth), CAN-SPAM (US), and PECR/UK & EU ePrivacy rules); or in any unlawful manner. (Additional Chatbot requirements appear in Annex A.)
   
4. APIs; Rate Limits. Where provided, we may apply or change usage limits, authentication and technical requirements. Do not abuse or bypass API limitations.
5. MOBLE Scripts, SDKs & APIs. Some features require you to deploy MOBLE-provided code or SDKs on your sites or apps, or to use our APIs (MOBLE Code). During your subscription, MOBLE grants you a limited, non-exclusive, non-transferable, non-sublicensable licence to implement the MOBLE Code and use our APIs solely to enable the Services, strictly per our Documentation. Changes you make to your properties after initial implementation may cause features to fail; MOBLE is not responsible for such impacts. We may apply or change authentication, usage limits, and technical requirements, and may monitor usage to protect the security and integrity of the Services.
6. Acceptable Use & Suspension for Risk. In addition to Section 5 (Acceptable Use), MOBLE may suspend access to any feature or your account, with prompt notice where practicable, if (a) usage materially exceeds reasonable projections and threatens platform stability or security; (b) we reasonably suspect a breach of law or these Terms; or (c) non-payment per Section 8. Access will be restored when the issue is resolved.
7. Cookies & Tracking Disclosures. Where you deploy MOBLE Code, you must disclose on your site/app that third-party technology is used to set cookies or similar identifiers and explain the purposes (e.g., chat, analytics, security), and obtain any consents required by applicable law. You are solely responsible for providing appropriate notices and obtaining consents from your end users.

6. Pricing Plans, Currency, Taxes & No Refunds

1. Built By You (Software) — KB Page Plans (USD):
   • MINI — USD $9 / month — Up to 12 KB Pages
   • PLUS — USD $49 / month — Up to 50 KB Pages
   • PRO — USD $79 / month — Up to 500 KB Pages
   • ELITE — USD $299 / month — Unlimited KB Pages (subject to reasonable fair use and the limits in Section 7, including “Unlimited (ELITE) Fair Use” and “Technical Limits”)
     
   • Clarification:
     The “PRO” plan is a subscription tier only. It does not include any Professional Services (Built For You / Built With You) unless expressly stated in an Order or Proposal/SOW.
2. Currency & Taxes (subscriptions). Plans are priced and invoiced in USD. For Australian customers, GST applies; we calculate GST on the USD consideration and will reflect the GST amount (and, where required, the AUD equivalent and the FX rate used) on the tax invoice to satisfy applicable ATO requirements. You are responsible for all other taxes, duties and withholdings unless we are required by law to collect them. If any withholding or deduction is required by law, you will gross-up the payment so that MOBLE receives the full amount invoiced.
3. No Refunds. All Fees are non-refundable, except as required by the ACL or expressly stated otherwise in these Terms.
4. AI Tokens. No current cap. MOBLE reserves the right to introduce reasonable caps, throttles or fair-use thresholds on prior notice. High-volume usage may require a custom plan.
5. Plan changes (no proration). All plan changes (upgrade or downgrade) take effect on your next billing cycle date (default: the 1st; legacy customers may be on the 15th). We do not pro-rate partial months and we do not issue credits for mid-cycle changes. Any metered or usage-based charges (if enabled for your plan) are billed in arrears on your regular cycle date.
6. Renewals; billing in advance. Monthly plans are billed in advance on your billing cycle date and renew month-to-month until cancelled per Section 24. Annual plans are billed in advance for the 12-month term and renew for successive 12-month terms unless either party gives 30 days’ written notice before the current term ends. Any metered or over-limit usage is billed in arrears at the then-current rate or as stated in your Order.
7. Recurring payment method authority. By adding a card or other recurring payment method, you authorise MOBLE (or our payment processor) to charge it automatically on each cycle for fees then due, including plan fees, surcharges, taxes, usage/overages and authorised add-ons. If a charge fails (expiry, insufficient funds, issuer decline), you remain responsible for amounts due; we may re-attempt the charge, invoice you directly, or suspend services under Section 8.

7. KB Page Counting, Scraping Consent, Plan Changes & System Pages

1. KB Pages Defined. A “KB Page” is any Knowledge Base page and each file (e.g., PDF, image) for which the Text Extraction feature extracts text and adds it to the Knowledge Base. Draft KB Pages are counted.
2. Signup Scrape Consent. During signup you may provide your website address for automated ingestion. You authorise MOBLE to crawl/scrape your site (and linked assets as configured) to ingest content for initial setup. You warrant you have rights to permit ingestion and use of such content. You are responsible for excluding confidential/non-public materials or content you do not have rights to. MOBLE is not obliged to verify your rights to any scraped content.
3. Plan Recommendation. After scraping, we may estimate or recommend a plan based on detected KB Pages. You may change the selected plan before confirming signup.
4. Import Scraped Content.
   1. If your selected plan’s KB Page limit is less than the detected pages, the default is not to create your Knowledge Base on signup.
   2. You may enable a toggle “Add my website content to my Knowledge Base now.” If enabled, we will ingest and create the Knowledge Base. Until you reduce KB Pages below your plan limit, you cannot downgrade your plan.
5. Post-Signup Adds. You may add new knowledge at any time. If doing so would exceed your current plan limit, you must either remove content to remain within your limit or schedule an upgrade. Upgrades take effect on your next billing cycle date (no proration). Until the upgrade is effective, ingestion or features that would exceed your plan limit may be blocked.
6. Counting & Billing Day. KB Page counts are measured and billed on the 1st day of each month. Counts include Draft KB Pages and extracted file text.
7. System Pages Excluded. “System Pages” do not count toward KB Pages (e.g., Home, Checkout, certain navigation Sections like Footers, slide-in menus). MOBLE determines and may change which page types qualify as System Pages (e.g., during releases or new features).
8. Transparency; Review. We will provide an admin view showing KB Page counts. If you dispute a count, notify us within 10 days of the billing date with details. If we confirm an error, we will credit or adjust the next invoice accordingly.
9. Unlimited (ELITE) Fair Use. ELITE includes “unlimited KB Pages” subject to reasonable fair use, technical and infrastructure limits, and our Acceptable Use. We may request cooperation to remediate excessive or abusive usage, and may propose a custom plan.
10. Technical Limits. Availability and performance are subject to platform and infrastructure limits (e.g., bandwidth, throughput, storage), and scheduled/unscheduled maintenance.
11. No Archive Service. MOBLE is not an archival service. While we do not intentionally delete Registered User Data during the Term, you are responsible for maintaining independent backups and exports. Export and deletion on exit are addressed in Annex B (DPA).

8. Billing, Payment Timing, Legacy Cycles & Stage 1/2/3 Option

1. Billing cycles & charges. Unless stated otherwise in an Order, plan fees are billed in advance on your billing cycle date (default: the 1st of each month; legacy customers may be on the 15th). Any metered or usage-based charges (if enabled for your plan) are billed in arrears on the same cycle date. We may place a pre-authorisation hold to validate your payment method.
2. Payment method & authority. By adding a card or other recurring payment method, you authorise MOBLE (or our processor) to automatically charge it on each cycle for fees then due, including plan fees, surcharges, taxes, usage/overages and approved add-ons. If a charge fails, you remain responsible for amounts due; we may re-attempt the charge or invoice you directly.
3. Plan changes (no proration). Plan changes take effect on your next billing cycle date and are not pro-rated. See Section 6 (Plan changes (No Proration)) and Section 7 (Import Scraped Content & Post-Signup Adds) regarding downgrade constraints.
4. Legacy cycles. Existing customers on the 15th may remain on that cycle unless migrated to the 1st by agreement or notice. New customers default to the 1st.
5. Non-payment; suspension; reinstatement. If fees remain unpaid after the due date, we may suspend the Services and/or access to Registered User Data until payment is made. If overdue by more than 30 days, we may place the account on hold; a AUD $50 + GST (where applicable) reinstatement fee may apply in addition to all outstanding amounts. If any fees remain unpaid 60 days after suspension, we may terminate the Services and delete the account pursuant to Annex B (DPA) B10.
6. American Express surcharge. Where permitted by law and card-scheme rules, payments via American Express may attract a 3% surcharge.
7. Stage 1/2/3 option (legacy / by request). For legacy or expressly agreed projects, the following staged payments may apply:
   Stage 1: 50% deposit in advance;
   Stage 2: 25% on design sign-off of the home page;
   Stage 3: 25% on supply of HTML/CSS and CMS access (due on receipt of CMS access, before go-live and before training).
8. No refunds or partial refunds are available for completed stages. Training forms part of your ongoing monthly subscription, not the design/build.
9. Currency & taxes. Prices are in USD unless stated otherwise. Australian GST is added where applicable. You are responsible for all taxes, duties and withholdings unless we are required to collect them.
10. No refunds. Fees are non-refundable except as required by law or expressly stated otherwise in these Terms.

9. Your Data (Registered User Data) & Ownership

1. Ownership. As between you and MOBLE, you own all data you upload or transmit via the Services (“Registered User Data”), subject to these Terms.
2. Hosting & Location. The Services and/or Registered User Data may be hosted on infrastructure in or outside Australia, operated by MOBLE or our suppliers.
3. Your Warranty. You warrant you have all rights to upload/ingest Registered User Data (including scraped website content) and that our collection, use, hosting, and disclosure to provide the Services does not infringe law or third-party rights.
4. Licence to MOBLE. You grant MOBLE a non-exclusive, worldwide, royalty-free licence to host, copy, transmit, process, display and otherwise use Registered User Data solely to provide and support the Services and for security, maintenance, and compliance.
5. Backups. Except for any Non-Excludable Guarantees, you are responsible for backing up/archiving Registered User Data.
6. Access Contingent on Payment. Access to Registered User Data hosted in the Services is subject to your compliance with these Terms (including payment).
7. Loss/Corruption. Except for any Non-Excludable Guarantees, MOBLE is not responsible for any loss, corruption or hacking of Registered User Data.
8. Indemnity. You indemnify MOBLE and suppliers against claims or losses arising from Registered User Data (including infringement, illegality, or loss/corruption).
9. Platform Usage Data & De-Identified Analytics. MOBLE may collect technical and operational data about how you and your users interact with the Services (Usage Data) and may create de-identified or aggregated data derived from Registered User Data (De-Identified Data). MOBLE owns the Usage Data and De-Identified Data and may use them to operate, secure, analyse, support and improve the Services, develop new features, and generate insights, provided that MOBLE will not re-identify De-Identified Data or disclose it in a manner that identifies you or your users, except as required by law. For jurisdictions treating certain analytics/advertising uses as “sharing” or “targeted advertising,” MOBLE does not use Registered User Data for third-party targeted advertising. If you configure integrations that do so, you are solely responsible for providing required notices and opt-outs.

10. Confidentiality (Mutual NDA Clause)

1. Definition. “Confidential Information” means non-public information disclosed by a party that is identified as confidential or should reasonably be understood as confidential in context. MOBLE’s Confidential Information includes non-public details of the Services and security practices. Your Confidential Information includes your non-public business information and Customer Personal Data.
2. Protection. The Receiving Party will (a) use Confidential Information only to perform under these Terms; (b) protect it with at least reasonable care; and (c) limit access to personnel/contractors bound by confidentiality.
3. Exclusions. Information that is public without breach, already known without restriction, lawfully obtained from a third party, or independently developed without use of the disclosing party’s Confidential Information is not confidential.
4. Compelled Disclosure. A party may disclose Confidential Information when legally required, providing (where lawful) prompt notice and reasonable cooperation to seek protective measures.

11. Availability; Support; Priority Support (Annual Plans)

1. Availability. We will use best endeavours to procure hosting of the Services and Registered User Data and to make the Services available, subject to platform limits and maintenance windows.
2. Support. Standard email support is available at team@moble.com.au for: help using MOBLE CMS; domain configuration; billing enquiries; bug reports and fixes to MOBLE functionality. The following are chargeable at AUD $100–$250 + GST per hour, billed in 30-minute increments: face-to-face support; content changes; design changes; HTML/CSS/coding training/support/troubleshooting; investigation of issues outside MOBLE’s responsibility.
3. Annual Plan — Priority Support (Encouraged).
   1. Eligibility. Annual subscription customers receive Priority Support.
   2. Includes. Priority routing; reasonable access to a MOBLE developer or systems administrator for configuration advice and tweaks to platform-level settings to help meet customer cyber security or insurer requirements; reasonable assistance evaluating platform configuration alternatives; expedited handling of platform-level issues.
   3. Limits. No guarantee of any specific security outcome or compliance certification; subject to platform architecture and safety; does not include custom development or extensive environment changes (which may require a SOW and fees); provided on a fair-use basis. If needs exceed Priority Support, MOBLE may propose Built For You or Built With You services.
4. Monthly plans. Monthly customers receive standard support described above and may purchase professional services as needed.
   

12. Beta Services (All Modules)

1. We may offer pre-release or Beta features/modules (including Chatbot, Ecommerce, CRM, Support Tickets, Project/Task). Beta Services are provided AS IS, for evaluation only, may change, break, or be withdrawn at any time, and have no warranties, no SLAs, and no liability arising from their use.
2. Participation and all related information are MOBLE Confidential Information. You must not publicly disclose your participation without our written consent.
3. Evaluation & Trials. From time to time we may offer no-charge evaluation access to certain features. Evaluation access is AS IS, with no warranties, indemnities, or SLAs, may be withdrawn at any time, and does not include data migration commitments. Unless expressly agreed, evaluations do not auto-convert to paid plans.

13. Ecommerce (Online Shop Builder): Merchant Responsibilities

1. Merchant of Record. You, not MOBLE, are the seller/merchant of record. The Services are not a marketplace; sales contracts are solely between you and your customer(s).
2. Compliance & Operations. You are solely responsible for: legal compliance (consumer/ACL, product safety, labelling, sanctions/export, privacy, marketing/spam); tax determination, collection, reporting and remittance; refunds, returns and customer service; payment authorisation; shipping/fulfilment; fraud screening/chargebacks; and required disclosures.
3. Chargebacks and disputes. You are responsible for chargebacks, disputes, and refunds; MOBLE does not handle payment settlement and is not liable for gateway decisions or outcomes.
4. Public-Facing Policies. Publish accurate and compliant terms of sale, refund/returns, shipping/fulfilment timelines, and contact details on your store.
5. Third-Party Services. Where you use shipping/tax calculators, carriers, marketing tools or other services, you are responsible for those services and their terms.

14. Payment Gateways, PCI DSS & Security

1. Payment Gateways; No MOBLE Transaction Fee. MOBLE integrates with supported Payment Gateways (currently including Stripe, Pin Payments, Braintree, and others as updated). You contract directly with the Payment Gateway and pay all gateway fees. MOBLE charges no transaction fee.
2. Configuration & Responsibility. You are responsible for activating, configuring and maintaining Payment Gateway accounts. MOBLE does not control or guarantee Payment Gateway performance, settlement, chargebacks or availability.
3. PCI DSS. Where MOBLE stores/processes/transmits cardholder data for supported flows, MOBLE maintains controls appropriate to that scope under PCI DSS. You are responsible for your own PCI obligations where you store/process/transmit card data (e.g., custom code, third-party apps, off-platform systems). Do not bypass technical controls or impair card data security.
4. Chargebacks. You remain responsible for chargebacks and related fees imposed by your Payment Gateway.

15. Intellectual Property; Feedback; Images; Links; Promotion

1. MOBLE IP. These Terms do not transfer any IP rights in the platform to you. As between you and MOBLE (and except for Registered User Data and custom Deliverables per Section 16), MOBLE owns all IP in the Platform, code, and underlying technology.
2. Improvement Suggestions & Feedback. Any comments, improvement requests, or Feedback you provide become MOBLE property immediately upon submission. You assign all rights in Feedback to MOBLE and irrevocably waive Moral Rights to the extent permitted by law. Feedback is not confidential and MOBLE owes no compensation.
3. Website Images (Stock). Stock images used on your website remain owned by the rights holder. You may not reuse, edit, or repurpose them outside the website without appropriate licences. This does not apply to images you own and supply.
4. Links/Back-links. MOBLE may include a discreet back-link to MOBLE as part of your website build/hosting. If you wish to remove it, contact us; removal may attract a reasonable fee.
5. Promotional Use. MOBLE may use client names, logos, websites, designs, layouts, prototypes, wireframes and collateral in our portfolio, case studies and marketing. You may opt out by written notice; we will cease new uses promptly (existing printed or archived materials may persist).
6. MOBLE IP Infringement Indemnity. MOBLE will defend you against third-party claims alleging that the unmodified Services, when used as authorised, infringe that third party’s patent, copyright, or trademark, and will pay amounts finally awarded (or agreed in settlement by MOBLE) for such claim. If your use is enjoined, MOBLE may (at its option) (a) procure the right for you to continue using the Services; (b) replace or modify the Services so they are non-infringing and substantially equivalent; or (c) terminate the affected feature and refund prepaid fees for the unused portion of the Term for that feature. This clause does not apply to claims arising from: (i) combinations with items not provided by MOBLE; (ii) your materials or configurations; (iii) use contrary to our Documentation; or (iv) third-party services. This Section states your sole remedy for IP infringement. Liability remains subject to Section 20.

17. Responsibility for Other Users; Third-Party Services; Hyperlinks

1. Other Users. MOBLE is not responsible for the conduct of other users. Disputes are solely between you and that user.
2. Third-Party Services. The Services may interoperate with third-party software, apps, AI providers, plugins, shipping/tax tools, carriers, or Payment Gateways. You use third-party services at your own risk and subject to their terms. MOBLE is not responsible or liable for third-party services, and availability may change.
3. Hyperlinks. We do not endorse third-party sites linked from the Platform.
4. Third-Party Platforms & Messaging Apps. The Services may interoperate with third-party platforms or messaging channels (e.g., WhatsApp, Meta, Google, Slack). You are solely responsible for complying with those providers’ terms and obtaining any required consents. MOBLE does not control those services and is not responsible for their acts, omissions, availability, or use of data once shared at your direction. Integrations may be modified or discontinued at any time.

20. Liability; Non-Excludable Guarantees (ACL)

1. Information Not Advice. Information on or via the Platform is not legal, financial, medical or professional advice.
2. Limitation & Exclusion. To the maximum extent permitted by law and except with respect to any Non-Excludable Guarantees: (a) neither party is liable for any indirect, special or consequential loss (including lost profits, lost savings, lost business, or loss of data); (b) MOBLE is not liable for third-party systems (e.g., Payment Gateways, third-party CMS/plugins, accounting or marketing tools).
3. Cap. Subject to any Non-Excludable Guarantees, MOBLE’s total aggregate liability arising from or in connection with the Services is limited to the Fees paid by you to MOBLE in the 12 months preceding the event giving rise to the liability.
4. ACL Statement. For goods and services supplied to an Australian “consumer” under the ACL: “Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.”
5. 64A ACL Limitation. Where permitted by s 64A ACL and where not ordinarily acquired for personal, domestic or household use, our liability for breach of a Non-Excludable Guarantee is limited to: (a) for goods—repair/replacement or cost thereof; and (b) for services—re-supply or cost of re-supply.
6. Claims Procedure. To claim under a Non-Excludable Guarantee or express warranty, provide written notice with supporting documentation; continue to use the Platform per these Terms. On a valid claim, we will arrange a remedy; you may claim reasonable expenses evidenced by receipts.

21. Website Design Deliverables; Ownership (Static Copy)

If you purchase a website package, you own a static copy of the design, style sheets and content in its live form (HTML/CSS/JS). We can supply the static copy should you leave MOBLE; you may host it elsewhere. The MOBLE platform/software and dynamic features remain MOBLE IP unless otherwise agreed in writing.

22. Content Standards (Websites)

Websites from MOBLE must not be used to disseminate, store or transmit: sexually explicit content; malware; copyright-infringing data; trade secret or other IP-infringing data; defamatory, harassing, threatening content; illegal business activity; deliberately misleading or deceptive content; or other content we deem inappropriate under these Terms.

23. Payment Gateway Terms & Indemnity

1. We utilise third-party Payment Gateways (currently including Stripe, Pin Payments, Braintree). You agree to the applicable Payment Gateway terms and privacy notices.
2. The Payment Gateways may be affected by delays, faults or other matters beyond our control. Except for any Non-Excludable Guarantees, we do not warrant that unauthorised access cannot occur and are not responsible for Payment Gateway performance/non-performance.
3. You indemnify MOBLE against losses arising from your breach of a Payment Gateway agreement.

24. Termination; Suspension

1. Cancellation by You. You may cancel by written notice per Section 18 (Notices). On termination: Services cease; your store/workspace may be taken offline; no refunds for prior payments except as required by law; outstanding balances become immediately due.
   
2. Suspension/Termination by MOBLE. We may suspend or terminate for material breach (including non-payment) not remedied within 30 days of notice, or immediately for unlawful conduct, platform abuse or risk to security.
3. Data deletion/export. Addressed in Annex B (DPA).

25. Partner Program

From time to time, MOBLE CMS Pty Ltd (“MOBLE”) offers a Partner Program (including the AI Agency and AI Sales Partner Partner Types). If you apply for, are approved for, or participate in the Partner Program, the MOBLE Partner Program Terms of Use (the “Partner Terms”) apply in addition to these Terms. In the event of any conflict between these Terms and the Partner Terms, the Partner Terms govern but only for your Partner Program participation.

If you participate in the Partner Program (including the AI Agency and AI Sales Partner Partner Types), the Partner Program Terms apply in addition to these Terms and govern in the event of a conflict for your partner activities.

ANNEX A — CHATBOT SAFETY ADDENDUM

A1. Scope & Priority. This Annex governs Chatbot Builder features and any conversational AI/assistants/automations you deploy. If there is a conflict between this Annex and the main Terms for Chatbot features, this Annex prevails.

A2. Your Responsibilities. (a) You are responsible for prompts, instructions, Knowledge Base materials, integrations, disclosures to end-users, moderation, and regulatory compliance (e.g., consumer, advertising, privacy, sector-specific). (b) No Professional Advice. Chatbots must not provide medical, legal, financial or other regulated advice unless you implement suitable human review, disclaimers, and regulatory controls. (c) Sensitive Data. Do not solicit or process sensitive data (e.g., health, biometric, criminal, precise location, payment card numbers, government IDs) unless you have a lawful basis, appropriate safeguards, and meet disclosure/consent requirements. (d) Transparency & Human Contact. Disclose clearly that users are interacting with AI; provide access to a human support path; publish applicable terms and privacy disclosures covering Chatbot interactions. (e) Human-in-the-Loop. For high-risk uses (safety-critical, credit, employment, housing, healthcare triage, etc.), implement human review before automated decisions are final.

A3. Safety Controls; Abuse. (a) MOBLE may implement safety filters, rate limits, content blocking, or model updates that affect outputs. Do not bypass safety controls. (b) Maintain reasonable monitoring/logging proportional to risk; promptly remediate prompts creating harmful/unlawful outputs. (c) Prohibited use includes generating/facilitating: CSAM; incitement to violence/terrorism; malware/unauthorised intrusion; discrimination/harassment; doxxing/privacy invasion; IP infringement; spam/unlawful marketing; any illegal conduct.

A4. Model Behaviour; Hallucinations. You acknowledge generative AI can produce inaccurate or fabricated content (“hallucinations”). Implement disclaimers and—where risk is material—verification (citations, retrieval checks, or human review). MOBLE does not warrant factual accuracy of outputs.

A5. Data Sources & Knowledge Base. You are responsible for the lawfulness of materials ingested (copyright, privacy, confidentiality). You warrant you have rights to use such data. Remove or correct infringing/unlawful/inaccurate content promptly on notice.

A6. Incident Response. If you become aware of misuse, harmful outputs causing material risk, or a material breach, promptly notify MOBLE and suspend affected Chatbots until mitigated. MOBLE may suspend Chatbots to protect users or comply with law.

A7. Allocation of Risk. You indemnify MOBLE against claims/losses arising from your Chatbot configurations, prompts, content, failure to implement required disclosures/human review/safeguards, or breach of this Annex. MOBLE’s liability remains limited under the main Terms.

ANNEX B — DATA PROCESSING ADDENDUM (Controller–Processor)

B1. Parties & Roles. This DPA forms part of the Terms between MOBLE CMS PTY LTD (and/or relevant affiliate) (“Processor”/“MOBLE”) and the Account Owner (“Controller”/“Customer”) to the extent MOBLE processes Customer Personal Data on behalf of Customer.

B2. Scope, Nature, Duration & Purpose. Subject Matter: Processing Customer Personal Data submitted to or collected via the Services (admin users, end customers, chatbot transcripts where configured). Nature/Purpose: Hosting, storage, retrieval, indexing/search, knowledge base, chatbot generation, analytics (as configured), support and security. Duration: For the Term and until deletion under this DPA. Data Subjects/Types: Customer staff/contractors; Customer’s end-customers/users; typical data includes names, contact details, order info, interaction logs, device/technical identifiers. Customer must not input special categories unless permitted by law and agreed in writing. Customer will not instruct MOBLE to process special categories or children’s data unless the parties agree in writing on additional safeguards.

B3. Instructions. MOBLE processes Customer Personal Data only on documented instructions in the Terms/DPA, including international transfers, unless required by law.

B4. Confidentiality & Personnel. MOBLE ensures personnel are bound by confidentiality and trained appropriately.

B5. Security. MOBLE implements appropriate technical/organisational measures to protect Customer Personal Data against unauthorised or unlawful processing and accidental loss/destruction/damage (e.g., access controls, encryption at rest/in transit where applicable, segmentation, logging/monitoring, vulnerability management, incident response, least-privilege access, secure SDLC).

B6. Sub-processors. Customer authorises MOBLE to use Sub-processors (infrastructure, delivery, support, optional AI model providers). MOBLE will impose protections no less protective than this DPA. We will maintain a Sub-processor list (available via help centre or on request) and notify of material changes. Customer may object on reasonable privacy grounds within 10 days; if unresolved, Customer may suspend the affected feature or terminate that impacted portion (with a pro-rata refund of prepaid unused fees for that feature only).

See our current sub-processor list at https://moble.com/terms-sub-processor-list. We will update that page for new or replacement sub-processors and provide prior notice where required under this DPA. To receive change notifications, email team@moble.com.au with the subject “Subscribe – Sub-processor Updates”.

B7. International Transfers. Where Customer Personal Data is transferred internationally, MOBLE will implement lawful transfer mechanisms (e.g., EU SCCs Module 2/UK Addendum). Hosting may occur inside or outside Australia. Copies of applicable clauses may be provided on request (redacted as needed).

B8. Assistance; Data Subject Rights. Taking into account the nature of processing, MOBLE will reasonably assist with data subject requests and privacy impact assessments; Customer bears its own costs and any reasonable costs for requests beyond standard features. If MOBLE receives a data subject request directly, MOBLE will (where feasible) direct the subject to Customer.

B9. Personal Data Breach. MOBLE will notify Customer without undue delay after becoming aware of a Personal Data Breach affecting Customer Personal Data and provide available information to assist with notifications. Notification is not an admission of fault.

B10. Deletion & Return. Upon termination/expiry or upon written request, MOBLE will delete Customer Personal Data within <em>60 days</em> (and backups per standard retention), unless retention is legally required or permitted for evidential purposes. Where feasible, export options are available via admin or by agreement.

B11. Audit. Once per 12 months (or as required by law/authority), MOBLE will provide available audit/security documentation (e.g., summaries of controls, test results). If additional audits are legally required, onsite audits may be conducted during business hours on reasonable notice, subject to confidentiality and safety; Customer bears its own costs and reasonable MOBLE costs for extraordinary efforts.

B12. Liability; Precedence. Each party’s liability under this DPA is subject to the limitations/exclusions in the main Terms. In case of conflict, this DPA prevails for processing of Customer Personal Data.

B13. US State Laws (Service Provider/Processor). To the extent US state privacy laws apply (e.g., CCPA/CPRA), MOBLE acts as a “service provider/processor” and will not: (a) sell/share Customer Personal Data; (b) retain/use/disclose it other than to provide the Services; or (c) combine it with other personal data, except as permitted (e.g., security, debugging, or to provide the Services).

APPENDIX — Legacy Website Monthly Fee (where applicable)

1. Commencement. Legacy monthly fees commence upon website approval or within 14 days of CMS account creation.
2. Monthly Billing. Billed monthly (1st or 15th as applicable). You are billed in advance for the month; additional services are billed retrospectively. No refunds or partial refunds for unused portions.
3. Data Transfer/Storage. Usage is subject to reasonable and proportionate platform limits and fair use.
4. Non-Payment. If overdue by more than 30 days, we may put the account on hold until fees are collected and charge a AUD $50 + GST reinstatement fee.
5. Cancellation. Cancel anytime by written notice; no retrospective cancellation.