Terms of Service

Contact information

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

• By Email: help@mobio-plus.com

Company information:

• Mobimilia B.V.
• Van Diemenstraat 356, 1013 CR Amsterdam, The Netherlands
• Registration number: 60009705

1. Eligibility and acceptance

In order to use the Service you must:

• Have reached the minimum age as per the rules and regulations of your country of residence (typically 18 years or older);
• If you are under the legal age of majority in your jurisdiction, you must have your parent or guardian's permission to use the Service on your behalf and they must agree to be bound by these Terms;
• Agree to be bound by these Terms and the Privacy Policy;
• Have the permission of the bill-payer if you are not the bill-payer for the account or mobile number used to access this paid Service. The Service must only be used with the permission of the bill-payer.

By subscribing to or using the Service, you represent and warrant that you meet these eligibility requirements.

2. Service description

The Service provides access to VR/XR games, videos, and astrology content (including horoscope, fortune and tarot readings), together with related digital entertainment, made available through various platforms including:

• Smartphones and tablets
• Desktop and laptop computers
• Other compatible devices

The Service includes access to a library of VR/XR games, movies, shows, exclusive originals and other digital content as made available from time to time.

3. Subscription and fees

3.1 Subscription plans

The Service operates on a subscription-based model. By subscribing, you agree to pay the subscription fees for the plan you select. Subscription plans and pricing are described on our website and may include daily, weekly, monthly, or other promotional or special-offer subscriptions.

1st day free. After the first day, Mobio+ renews daily at R15/day (incl. VAT) and is billed to your Vodacom account until cancelled. No card payment is required; payment is made using Vodacom Add to Bill. You can cancel anytime by dialling *135*997# from your Vodacom phone and following the prompts to manage your content services.

3.2 Recurring payments

IMPORTANT: Unless otherwise stated, all subscriptions automatically renew at the end of each billing cycle. You will be charged the then-current subscription fee for your plan unless you cancel your subscription before the renewal date.

3.3 Payment methods

Payment is processed through mobile operator billing (carrier billing), for example Vodacom Add to Bill. No card payment is required for carrier billing. When you subscribe, you authorise us (or our payment processors) to charge the applicable fees to your chosen payment method.

3.4 Price changes

We reserve the right to change our subscription fees at any time. We will provide you with reasonable advance notice of any price changes. If you do not agree to the price change, you may cancel your subscription before the new price takes effect.

3.5 Welcome messages and confirmation

When you subscribe to the Service, you may receive a welcome message or confirmation via SMS, email, or other communication method confirming your subscription and providing details about billing.

3.6 Taxes

Subscription fees shown for the Service are inclusive of VAT unless otherwise stated. You remain responsible for any other applicable taxes, duties, or government charges.

3.7 Network charges

Standard network data and messaging fees charged by your mobile operator or internet service provider may apply when accessing or using the Service. We are not responsible for any such network charges. Please check with your network provider for details of your applicable rates.

4. Cancellation and refunds

4.1 How to cancel

You may cancel your subscription at any time by:

• Sending an email to: help@mobio-plus.com
• Sending *135*997# to Vodacom

4.2 Effect of cancellation

When you cancel your subscription:

• You will continue to have access to the Service until the end of your current billing period;
• You will not be charged for subsequent billing periods;
• No refunds will be provided for the remaining days in your current billing period unless otherwise required by law.

4.3 Refund policy

Generally, subscription fees are non-refundable except:

• Where required by applicable consumer protection laws;
• In cases of billing errors or unauthorised charges;
• At our sole discretion in exceptional circumstances.

If you believe you are entitled to a refund, please contact our customer support with details of your request.

4.4 Billing errors

If you believe a billing error has occurred, please contact our customer support as soon as possible. We will investigate all reported billing errors promptly. Where a billing error is confirmed, we will arrange a refund or credit of the incorrectly charged amount. We may require reasonable supporting information to process your claim.

5. Account responsibilities

5.1 Account security

You are responsible for maintaining the confidentiality of your account credentials, all activities that occur under your account, and notifying us immediately of any unauthorised use of your account.

5.2 Accurate information

You agree to provide accurate, current, and complete information during the subscription process and to update such information to keep it accurate, current, and complete.

6. Acceptable use

6.1 Permitted use

You may use the Service only for lawful purposes and in accordance with these Terms. You agree to use the Service only for personal, non-commercial entertainment purposes.

6.2 Prohibited activities

You agree NOT to:

• Use the Service in any way that violates any applicable law or regulation;
• Reproduce, distribute, modify, create derivative works of, publicly display, or publicly perform any content from the Service without authorisation;
• Attempt to circumvent any content protection or access control mechanisms;
• Use the Service to transmit any malware, viruses, or harmful code;
• Interfere with or disrupt the Service or servers or networks connected to the Service;
• Attempt to gain unauthorised access to any portion of the Service;
• Share your account credentials with others or allow others to use your account;
• Use automated systems (bots, scrapers) to access the Service;
• Reverse engineer, decompile, or disassemble any portion of the Service;
• Remove any copyright, trademark, or other proprietary notices from the Service;
• Use the Service for any commercial purpose without our express written consent;
• Harass, abuse, or harm other users;
• Impersonate any person or entity or misrepresent your affiliation with any person or entity;
• Intentionally engage in illegal conduct, or knowingly create, store, or disseminate any illegal content;
• Knowingly infringe any copyright or intellectual property rights;
• Send spam or promote the sending of spam.

6.3 Enforcement

We reserve the right to investigate and take appropriate action against anyone who violates these Terms, including suspending or terminating accounts without refund. We also reserve the right to take down any content hosted as part of the Service that we consider to be illegal or for which we have received a valid take-down notice.

7. Content and intellectual property

7.1 Ownership

The Service and all content, features, and functionality (including but not limited to games, videos, software, text, graphics, images, audio, and the design, selection, and arrangement thereof) are owned by us, our licensors, or other providers of such material and are protected by copyright, trademark, patent, and other intellectual property laws.

7.2 Limited licence

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Service for your personal, non-commercial use only.

7.3 User-generated content

If you submit, upload, or post any content to the Service: you retain ownership of your content; you grant us a worldwide, non-exclusive, royalty-free licence to use, reproduce, modify, and display such content in connection with operating the Service; you represent that you have all necessary rights to grant this licence; and you are responsible for ensuring your content does not violate any laws or third-party rights.

8. Disclaimers

8.1 Service availability

We strive to provide uninterrupted access to the Service, but we do not guarantee that the Service will be available at all times or that it will be free from errors or interruptions. The Service is provided on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind, either express or implied.

8.2 Content disclaimer

We do not warrant that the Service will meet your specific requirements, that the content available through the Service will be accurate, complete, or current, that the quality of any content obtained through the Service will meet your expectations, or that any errors in the Service will be corrected.

9. Limitation of liability

9.1 Limitation of damages

To the maximum extent permitted by applicable law, we shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation loss of profits, data, use, goodwill, or other intangible losses, resulting from your access to or use of (or inability to access or use) the Service, any conduct or content of any third party on the Service, any content obtained from the Service, or unauthorised access, use, or alteration of your transmissions or content.

9.2 Liability cap

Our total liability to you for all claims arising from or related to the Service shall not exceed the amount you paid us in the twelve (12) months preceding the claim, or an equivalent neutral monetary threshold, whichever is greater.

9.3 Exceptions

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities. In such jurisdictions, our liability will be limited to the maximum extent permitted by law.

10. Indemnification

You agree to indemnify, defend, and hold harmless Mobimilia B.V., its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of or in any way connected with your access to or use of the Service, your violation of these Terms, your violation of any rights of another party, or your content submitted to the Service.

11. Termination

11.1 Termination by you

You may terminate your subscription at any time by following the cancellation procedures outlined in Section 4.

11.2 Termination by us

We may suspend or terminate your access to the Service immediately, without prior notice or liability, for any reason, including without limitation if you breach these Terms. Upon termination, your right to use the Service will cease immediately, and any provisions of these Terms that by their nature should survive termination shall survive.

12. Modifications to service and terms

12.1 Service modifications

We reserve the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof), change the content available through the Service, and update features and functionality. We will attempt to provide reasonable notice of significant changes, but we are not obligated to do so.

12.2 Terms modifications

We may revise these Terms from time to time. The most current version will always be posted on our website with the "Last Updated" date at the top. By continuing to use the Service after revisions become effective, you agree to be bound by the revised Terms.

13. Governing law and dispute resolution

13.1 Governing law

These Terms shall be governed by and construed in accordance with the laws applicable to the Service, without regard to conflict of law principles.

13.2 Jurisdiction

Any disputes arising from or relating to these Terms or the Service shall be subject to the exclusive jurisdiction of competent courts having authority to hear such matters.

13.3 Dispute resolution

Before filing any formal legal action, you agree to first contact us to attempt to resolve any dispute informally by sending a written notice to help@mobio-plus.com describing the dispute and your proposed resolution.

14. Miscellaneous

14.1 Entire agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding the Service and supersede all prior agreements and understandings.

14.2 Waiver

Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

14.3 Severability

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

14.4 Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction.

14.5 No third-party beneficiaries

These Terms do not and are not intended to confer any rights or remedies upon any person other than you and us.

14.6 Language

These Terms may be translated into other languages. In case of any inconsistency or conflict, the English version shall prevail.

15. Privacy Policy

Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand our practices regarding the collection and use of your information.

16. WASPA membership and complaints

Mobimilia B.V. is a member of WASPA and is bound by the WASPA Code of Conduct. Customers have the right to approach WASPA to lodge a complaint in accordance with the WASPA complaints procedure. Mobimilia B.V. may be required to share information relating to a service or a customer with WASPA for the purpose of resolving a complaint. WASPA web site: www.waspa.org.za