Agreement between User and www.getmcss.com
Welcome to www.getmcss.com. The www.getmcss.com website (the "Site") is comprised of various web pages operated by DO GENIUS ON, LLC ("DO GENIUS ON"). www.getmcss.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of www.getmcss.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
www.getmcss.com is an E-Commerce Site.
Monthly and yearly subscription service to license the use of MCSS framework for mobile apps built for iOS and Android
Visiting www.getmcss.com or sending emails to DO GENIUS ON constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that DO GENIUS ON is not responsible for third party access to your account that results from theft or misappropriation of your account. DO GENIUS ON and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Children Under Thirteen
DO GENIUS ON does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.getmcss.com only with permission of a parent or guardian.
We follow a reliable refund policy to let our customers feel privileged about their association with us. Please read the guidelines governing the refund policy.
Fraud: Without limiting any other remedies, Do Genius On may suspend or terminate your account if we suspect that you (by conviction, settlement, insurance or investigation, or otherwise, forcefully removed our branding) have engaged in fraudulent activity in connection with the services offered by us.
Note: No refunds are offered, even if a plan is canceled mid-month.
15 Day No Obligation Cancellation
Do Genius On offers MCSS license service a 15-day no obligation cancellation policy. The no obligation cancellation begins immediately upon subscription. The 15-day no obligation cancellation period only applies to new customers and does not apply to existing customers that have a subscription plan. Do Genius On will also not honor a free trial period for customers who were once paying subscribers, cancelled, and then decided to re-instate their MCSS license.
At any time during the 15-day, potential subscriber (customer) can cancel their account and will be refunded in full with a minor service charge.
In order to continue using the MCSS license after the 15-day no obligation cancellation period, you will be automatically be put to continue to your selected payment plan which you have selected initially at time of buying from the selections of monthly or receiving a discount by paying a full year of service.
Monthly/Yearly Billing, Cancellation, and Refund Policies
Do Genius On charges and collects in advance for use of the MCSS license or service. All services rendered are non-refundable. Once a customer selects a subscription plan and provides billing information, Do Genius On will charge the payment amount and the billing cycle will start at the date of the subscription.
All subscriptions monthly and yearly renew automatically on their due renewal date according to date of purchase until officially cancelled in writing. Customers may cancel anytime by emailing a notice to: email@example.com
Customers will receive an email from Do Genius On confirming that their MCSS license has been cancelled and the application linked to that license will keep all adjustment and changes made by MCSS for the next following 30 days. Please contact firstname.lastname@example.org before the 30 day grace period if you wish to keep the changes and adjustments made by MCSS to reinstate the license.
Important: No refunds or credits for partial months or years of service will be refunded to a customer upon cancellation.
All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and the customer is responsible for payments of all such taxes, levies, or duties.
The fees that Do Genius On charges for the monthly, or yearly services exclude phone, and Internet access charges, as well as other data transmission charges. Any currency exchange settlements are based on the customer's agreement with the payment method provider. To be clear: these charges are the customer's responsibility.
Customers have the ability to upgrade or downgrade their MCSS license at any time.
The chosen method of billing will automatically be charged the new subscription rate on the next billing cycle.
Links to Third Party Sites/Third Party Services
www.getmcss.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of DO GENIUS ON and DO GENIUS ON is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. DO GENIUS ON is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by DO GENIUS ON of the site or any association with its operators.
Certain services made available via www.getmcss.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.getmcss.com domain, you hereby acknowledge and consent that DO GENIUS ON may share such information and data with any third party with whom DO GENIUS ON has a contractual relationship to provide the requested product, service or functionality on behalf of www.getmcss.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of DO GENIUS ON or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. DO GENIUS ON content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of DO GENIUS ON and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of DO GENIUS ON or our licensors except as expressly authorized by these Terms.
Third Party Accounts
You will be able to connect your DO GENIUS ON account to third party accounts. By connecting your DO GENIUS ON account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
The Service is controlled, operated and administered by DO GENIUS ON from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the DO GENIUS ON Content accessed through www.getmcss.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless DO GENIUS ON, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. DO GENIUS ON reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with DO GENIUS ON in asserting any available defenses.
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and DO GENIUS ON agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. DO GENIUS ON, LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
DO GENIUS ON, LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. DO GENIUS ON, LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
DO GENIUS ON reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Texas and you hereby consent to the exclusive jurisdiction and venue of courts in Texas in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and DO GENIUS ON as a result of this agreement or use of the Site. DO GENIUS ON's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of DO GENIUS ON's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by DO GENIUS ON with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and DO GENIUS ON with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and DO GENIUS ON with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Expenses & Payment.
All orders placed will be considered final. Fees will be due and payable as set forth on the web site or otherwise conveyed to you during the order process. Fees for any Renewal Term shall be at Do Genius On's standard rates, currently in effect, or if applicable, as otherwise set forth on the web site or otherwise conveyed to you by Do Genius On. If Client fails to pay in accordance with the payment terms, Do genius On shall be entitled, at its sole discretion, (i) to suspend provision of the Software Services temporarily until Client fulfills its pending obligations or (ii) to terminate this Agreement for breach. Unless otherwise stated, all payments made under this Agreement shall be in United States dollars. Except as otherwise expressly provided herein, fees are non-refundable.
Upgrading Your Account.
Client may, at any time during the Term, upgrade to a different MCSS account type. The change in account type will take effect immediately. After an upgrade in account type, Client will be billed immediately for the additional fees due under the upgraded account type for the remaining time of the applicable Term. The amount due and owing for the upgraded account type will be reduced by what the amount the Client has already paid for the applicable Term if it is a yearly license. In regard to an upgraded account type which will be renewed monthly, Client will be billed the fees due for the upgraded account type at the commencement of the Renewal Term.
Policy For Automatic Renewal
IF A CUSTOMER'S ACCOUNT IS SET TO RENEW ON THE ANNIVERSARY DATE, THE DATE OF THE START OF THE MCSS LICENSE, DO GENIUS ON MAY AUTOMATICALLY CHARGE SAID CUSTOMER AT THE END OF THE TERM FOR THE RENEWAL FOR ADDITIONAL PERIODS EQUAL TO THE CURRENT SERVICES AND EXPIRING TERM, UNLESS EITHER PARTY GIVES NOTICE OF NON-RENEWAL AT LEAST NINETY (90) DAYS PRIOR IN WRITING TO EXPIRATION OF THE THEN-CURRENT TERM. THIS NON-RENEWAL WRITTEN NOTICE MUST BE ACCEPTED AND ACKNOWLEDGED BY DO GENIUS ON IN WRITING. Do Genius On reserves the right to increase the fees for any such renewal term at Do Genius On's own discretion without prior notice to the said customer. Customer agrees to pay for all of Do Genius On LLC legal costs, all fees associated with the collection of any late payments, or if the renewal is not paid within 15 days.
The fees are exclusive of taxes, and Client shall pay or reimburse Do Genius On for all taxes arising out of transactions contemplated by this Agreement. If Client is required to withhold any tax for payments due under this Agreement, Client shall gross its payments to Do Genius On so that Do Genius On receives sums due in full and free of any deductions. Client will provide documentation to Do Genius On showing that taxes have been paid to the relevant taxing authority. “Taxes” means any sales, VAT, use, and other taxes, export and import fees, customs duties and similar charges imposed by any government or other authority. Client hereby confirms that Do Genius On can rely on the name and address that Client provides to Do Genius On when Client agrees to the Software Services fees or in connection with Client's payment method as being the place of supply for sales tax and income tax purposes or as being the place of supply for VAT purposes where Client has established its business.
Changes to Terms
DO GENIUS ON reserves the right, in its sole discretion, to change the Terms under which www.getmcss.com is offered. The most current version of the Terms will supersede all previous versions. DO GENIUS ON encourages you to periodically review the Terms to stay informed of our updates.
DO GENIUS ON welcomes your questions or comments regarding the
DO GENIUS ON, LLC