HomeMy WebLinkAboutMOBIIAPP, INC.. ?yn?a K??ly
OCT 1 1 2011
MobiiApp, Inc
Subscription Agreement
N-2011-122
This Agreement (the °Agreement") Ia made and entered into by and between MobllAop. Inc. ("MobiiApp"), having Its principal place of
business al 23 Peters Canyon Rd. Irvine. CA 92!306, and The City of Santa Ana ("Client"), having its principal place of business el 20 Civic
Center Plaza. Sanle Ane. CA 92701, with respect to the following facts.
1. GENERAL
THIS MASTER SUBSCRIPTION AGREEMENT ("AGREEMENT") GOVERNS PURCHASE AND ONGOING USE OF SERVICES.
BV ACCEPTING THIS AGREEMENT, YOV AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU ARE ENTERING INTO THIS
AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO
BIND SUCH ENTITY AND ITS AFFILIATES TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS "YOU" OR "YOUR"
SHALL REFER TO SUCH ENTITY AND ITS AFFILIATES. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOV DO NOT AGREE WITH
THESE TERMS AND CONDITIONS, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE THE SERVICES.
You may not access the Services If You are Our direct competitor, except with Our prior written consent. In addition, You may not access the
Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes-
2. DEFINITIONS
"We," "Us" or "Our" or •'MOb11App" means MobiiApp, Inc. described In Section 12 (Govertting Law, Jurisdiction, and Notlces)_
"You" or "YOUY' or "Client" means the company or other legal entity for which you are accepting this Agreement and Affiliates of that
company or entity.
"Your Data" means all electronic tlala or information submitted by You to the Purchased Services.
"AHIliate" means any entity which directly or indirectly controls, Is controlled by, or Is under common control with fhe sub)ect entity. "Control,"
for purposes of this definition, means direct or indirect ownership or control of more than 60 % of the voting interests of the subject entity.
"Malicious Code" means viruses, worms, Ilme bombs, Trojan horses and other harmful or malicious code,-files, scripts, agents or programs.
"Order Form" means the ordering documents for purchases hereunder, Including addenda thereto, that are entered into between You end
Us from time to time. Order Forma shall be deemed Incorporated herein by reference.
"Purchased 8ervlces" means Services that You or Your Affiliates purchase under an Order Forth.
"Services" means the online, Web-based and/or mobile appllcallons and platform provided by Us, as detailed in an Order Forth.
"Third-Party Appllcetlons" means online or offline appllcatlons entl software products that are provided by third parties, Interopera le with
the Servlcea, and are identified as third-parry appllcallons.
"Users" mean Individuals who are aulhonzed by You to use the Services. for whom subscriptions to a Service have been purchased
3. PURCHASED SERVICES
3.1. Provision of Purchased Sarvldes.. We shall make the Purchased Services available to You pursuant to this Agreement and the
relevant Order Forms during a subscription term. You agree that Your purchases hereunder are neither contingent on the delivery of any
future functionality or features nor dependent on any oral or written public comments made by Us regarding future functionality or features
3.2. User Subscriptions. Unless otherwise specified in the applicable Order Form, (i) Servlcea are purchased as User subscriptions and
may ba accessed by no more than the specified number of Users. (ii) additional User subscriptions may be atlded during the subscription
term at the same pricing as that for the pre-existing subscriptions, prorated for the remainder of the subscdpllon term In affect al the time the
additional User subscriptions are added, and (iii) the added User subscriptions shall terminate on the same date as the pre-existing
subscriptions. User subscriptions are for designated Users and cannot be shared or used by more than one User but may be reassigned to
haw Users replacing former Users who no longer require ongoing use of the Services.
4. USE OF THE SERVICES
4.1 Our Responslbllitles. We shall: (I) provide to You basic support for the Purchased Services al no additional charge, and/or upgraded
support If purchased separately, (II) use commarclatly reasonable efforts to make the Purchased Services available 24 hours a day, 7 days a
week, except for (a) planned downtime (of which We shall glue al least 8 hours notice via the Purchased Services and which We shall
schedule to the extent practicable during the weekend hours kom B:00 p.m. Pacific lime Friday l0 3:00 a.m. Pacific time Monday), or (b) any
unavailability caused by circumstances beyond Our reasonable control, Including without Ilmliation, acts of God, acts of government, flood,
fire, earthquakes, civil unrest, acts of terror, strikes or other labor problems (other than those involving Our employees), or Internet service
provider failures or delays, and (ill) provide the Purchased Services only In accordance with applicable laws and government regulations.
4.2. Your Responsibilities. You shall (i) be responsible for Users' compliance with this Agreement, (it) be solely responsible for the
accuracy, quality, Integrity and legality of Your Data and of the means by which You acquired Your Data, (III) use commercially reasonable
efforts to prevent unauthorized access to or use of the Services, and notify Us promptly of any such unauthorized access or use, and (iv) use
the Services only as designed, and In accordance applicable laws and government regulations. You shall not (a) make the Services available
to anyone other than Users, (b) sell, resell, rent or lease the Services. (c) use the Services to store or transmit infringing, libelous, or
? Jrights, (d) use the Services to store or
otherwise unlawful or tortious material, or to store or transmit material In violation of third-party privacy
transmit Malicious Code. (e) Interfere with or disrupt the Integrity or performance of the Services or third-party data contained therein, or (f)
attempt to gain unauthorized access to the Services or their related systems or networks.
4.3. Usage Limitations. Services may be subject to other limitations, such as, for example, limits on disk storage space, on the number of
calls You are permitted to make against Our application programming Interface, and, for Services that enable You to provide public websites,
on the number of page views by visitors to those websites. Any such limitations are specified in the Order Form. The Services provide real-
time information to enable You to monitor Your compliance with such limitations.
5. FEES AND PAYMENT FOR PURCHASED SERVICES
6.1. User Fees. You shall pay all fees specified In all Order Forms hereunder. Except as otherwise specified herein or In an Order Form, (1)
fees are quoted and payable In United States dollars (11) fees are based on services purchased and not actual usage, (ill) payment
obligations are non-cancelable and fees paid are non-refundable, and (iv) the number of User subscriptions purchased cannot be decreased
during the relevant subscription term stated on the Order Form. User subscription fees are based on monthly periods that begin on the
subscription start dale and each monthly anniversary thereof; therefore, fees for User subscriptions added In the middle of a monthly period
will be charged for that full monthly period and the monthly periods remaining In the subscription term.
5.2. Invoicing and Payment. You will provide Us with valid and updated credit card Information, or with a valid purchase order or alternative
document reasonably acceptable to Us. If You provide credit card Information to Us. You authorize Us to charge such credit for all Services
listed In the Order Form for the initial subscription term and any renewal subscription term(s) as set forth in Section 11.2 (Tenn of Purchased
User Subscriptions). Such charges shall be made In advance, either annually or In accordance with any different billing frequency stated In
the applicable Order Form. If the Order Form specifies that payment will be by a method other than a credit card, We will Invoice You in
advance and otherwise in accordance with the relevant Order Form_ Unless otherwise stated In the Order Form, Invoiced charges are due
net 30 (thirty) days from the Invoice dale. You are responsible for maintaining complete and accurate billing and contact Information In the
Services.
5.3. Payment Disputes. We shall not exercise Our rights if the applicable charges are under reasonable and good-faith dispute and You are
cooperating diligently to resolve the dispute.
5.4. Taxes. Unless otherwise stated, Our fees do not include any taxes, levies, duties or similar governmental assessments of any nature.
Including but not limited to value-added, sales, use or withholding taxes, assessable by any local, state, provincial, federal or foreign
jurisdiction (collectively, "Taxes"). You are responsible for paying all Taxes associated with Your purchases hereunder.
6. PROPRIETARY RIGHTS
6.1. Reservation of Rights. Subject to the limited rights expressly granted hereunder. We reserve all rights, title and Interest in and to the
Services, Including all related Intellectual property rights. No rights are granted to You hereunder other than as expressly set forth herein.
The use of any Services does not constitute a distribution of software.
6-2. Reatrlctlona. You shall not (i) permit any third party to access the Services except as permitted herein or in an Order Form. (ii) create
derivate works based on the Services, (Ili) copy, Irame or mirror any pan or content of the Services. other than copying or framing on Your
own Intranets or otherwise for Your own internal business purposes, (iv) reverse engineer the Services, or (v) access the Services In order to
(a) build a competitive product or service, or (b) copy any (salutes, Tuncttorts or graphics of the Services.
6.3. Ownarahlp of Your Data. As between Us and You, You exGuslvely own all rights, fills and interest In and to ail of Your Data_
6.4. 8uggestlons and/or Customizations. We shall have aroyalty-free, worltlwide, Transferable, sublicenseabte. irrevocable, perpetual
license to use or Incorporeie into the Services any suggestions, enhancement requests, recommendallons or other feedback provkled by
You. Including Users, relating to the operation of the Services. In addition, We shall have aroyally-free, wortdwide. transferable,
sublicenseable, irrevocable, perpetual license to use or Incorporate Into the Services any cuslomlzallons made to the Service by Us or any
Third Party that we have authorized to do so.
7. CONFIDENTIALITY
7.1. Deflnltlon of Confidential Inforrnatlon. As used herein, "Confldentlal Information" means all conFdential Information disclosed by a
party (" Dlaclosing Party") to the other party (" Recelving Party"), whether orally or In writing, that is designated as confldentlal or that
reasonably should be understood to be confidential given the nature oT the Information and the circumstances of disclosure. Your
Confldentlal Infortnatlon shall Include Your Data; Our Confldentlal Information shell Include the Services; and Confldentlal Information of each
party shall Include the terms end contlltlons of this Agreement and all Order Forms, as well as business and marketing plans, technology and
technical information, product plans and designs, and business processes disclosed by such party. However, Confldentlal Infortnetion (other
than Your Dela) shall not Include any Information That (1) Is or becomes generally known to the public without breach of any obllgatfon owed
to the Disclosing Party, (li) was known to the Recelving Peny prior to Its tllsclosure by the Disclosing Party without breach of any obligation
owed to the Disclosing PaAy, (iii) Is received from a third party without breach of any obligation owed to the DisGOSing Pany. or (Iv) was
Independently developed by the Recelving Pany.
7.2. Protection of Confldentlal Information. F?ccepl as otherwise permitted in wrlting by the Disclosing Pany, (i) the Recelving Party shell
use the same degree of care that It uses [o protect the confidentiality of Its own confldentlal information of like kind (but in no event lass than
reasonable care) not [o dlsGose or use any Confidential Information of the Disclosing Party for any purpose outside the scope of this
Agreement, and (il) the Recelving Party shalt Ilmlt access to Confidential Information of the Dlaclosing Party to those of Its employees,
contractors and agents who need such access for purposes consistent with this Agreement and who have signed confidenllallly agreements
with the Recelving Party containing pro[ecllons no less stringent Than those herein.
7.3. Protection of Your Data. Without Ilmiting the above, We shell melnteln appropriate administrative, phyelcal, and technical safeguards
for protealon o11he security, confidentiality and integrity of Your Data. We shall not (a) modiry Your Da[a. (b) disclose Your Data except as
compelled by law in accordance with Secllon 7.4 (Compelled Disclosure) or as expressly permitted in writing by You, or (c) access Your Data
except to provide the Services or prevent or address service or technical problems, or a[ Your request in connection with customer support
matters- Notwithstanding the above, You hereby release Us from any claim or Ilabllity related to data loss or any reason whatsoever
7.4. Compelled Dlacloaure. The Recelving Party may disclose Confldentlal InTOrmatlon of the Disclosing Party If it Fs compelled by law to do
so, provided the Receiving Party gives the Disclosing Party prior notice of such compelled disclosure (to the extent legally permitted) and
reasonable assistance, at the DisGosing Party's cost, ff the Disclosing Pany wishes to contest the discfosure. If the Receiving Party Is
compelled by law to disclose the Disclosing Party's Confldentlal Information as part of a civil procsetling to which the Dlaclosing Pamy is a
party, end the Dlaclosing Party is not contesting the disclosure, the Dlaclosing Party will reimburse the Recelving Party for Ile reasonable cost
of complling and providing secure access to such Confidential Information.
8. WARRANTIES AND DISCLAIMERS
8.1. Our Warrantless. We warrant that (I) the Services shall perform malerlally in accordance with the speclflcatlons, and (li) the functionality
of the Services will not be materially decreased during a subscripllon term. For any breach o! either such warranty. Your exclusive remedy
shall be as provided in Section 11.3 (Termination (or Cause) and Section 11.4 (Refund or Payment upon Terminetlon) below.
8.2. Mutual Warrantless. Each party represents and warrants that (I) it has the legal power fo enter Into this Agreement, and (ii) It will not
transmit to the other pany any Mallclous Code (except for Mellcious Code previously transmitted to the warranting party by the other party).
6-3. Dlselalmer. EXCEPT AS F?(PRESSLY PROVIDED HEREIN, NEITHER PARTY MAKES ANY WARRANTIES OF ANY KIND,
WHETHER F?CPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND EACH PARTY SPECIFICALLY DISCLAIMS ALL IMPLIED
WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICVLAR PURPOSE, Tp THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
9. MUTUAL INDEMNIFICATION
9.1- Indemnification by Us. We shall defend You against any claim, demand, suit, or proceeding (" Claim") made or brought against You by
a third party alleging that the use of the Services as permitted hereunder infringes or misappropriates the intellectual property rights of a third
party, and shall indemnify You for any damages finally awarded against, and for reasonable attorney's fees Incurred by, You In connection
with any such Claim; provided. that You (a) promptly give Us written notice of the Claim; (b) give Us sole control of the defense and
settlement of the Claim (provided that We may not settle any Claim unless the settlement unconditionally releases You of all liability); and (c)
provide to Us all reasonable assistance.
9.2. Indemnification by You. You shall defend Us against any Claim made or brought against Us by a third party alleging that Your Data, or
Your use of the Services In violation of this Agreement, Infringes or misappropriates the Intellectual property rights of a third party or violates
applicable law, and shall Indemnify Us for any damages finally awarded against, and for reasonable attorney's fees incurred by. Us in
connection with any such Claim; provided. that We (a) promptly give You written notice of the Claim; (b) give You sole control of the defense
and settlement of the Claim (provided that You may not settle any Claim unless the settlement unconditionally release Us of all liability); and
(c) provide to You all reasonable assistance.
'10. LIMITATION OF LIABILITY
9.3. Exclusive Remedy. This Section states the indemnifying party's sole liability to, and the Indemnified party's exclusive remedy against.
the other party for any type of Claim described In this Section.
11.1. Term of Agreement. This Agreement commences on the data You accept it and continues until all User subscriptions granted In
10.1. Limitation of Liability. IN NO EVENT SHALL EITHER PARTY'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS
AGREEMENT, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, EXCEED THE TOTAL AMOUNT
PAID BY YOU HEREUNDER OR, WITH RESPECT TO ANY SINGLE INCIDENT, THE LESSER OF $500,000 OR THE AMOUNT PAID BY
YOU HEREUNDER IN THE 12 MONTHS PRECEDING THE INCIDENT. THE FOREGOING SHALL NOT LIMIT YOUR PAYMENT
OBLIGATIONS UNDER SECTION 5 (FEES AND PAYMENT FOR PURCHASED SERVICES).
11.2. Term of Purchased User Subscriptions- User subscriptions purchased by You commence on the start date specified in the
applicable Order Form and continue for the subscription tens specified therein. Except as otherwise specified In the applicable Order Form,
unit pricing during any such renewal term shall be the same as that during the prior term unless We have given You written notice of a pricing
70-2. Exclusion of Consequential and Related Damages. IN NO EVENT SHALL EITHER PARTY HAVE ANY LIABILITY TO THE OTHER
PARTY FOR ANY LOST PROFITS OR REVENUES OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER OR
PUNITIVE DAMAGES HOWEVER CAVSED, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY. AND
WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMER
SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
11. TERM AND TERMINATION
accortlance with Ihis Agreement have expired or been tennlnatetl.
all User subscriptions shall automatically renew for additional periods equal to the expiring subscription term or one year (whichever Is
shorter), unless either party glues the other notice of non-renewal at least 30 days before the end of the relevant subscription term. The per-
change at least 30 days before the and of such prior term, in which case the pricing increase shall be effective upon renewal and thereafter
11.3. Terminatlon for Causes. A party may terminate this Agreement for cause: (i) upon 30 days written notice to the other party of a material
breech If such breach remains uncured al the expiration of such period. or (II) if the other party becomes the subject a. a pat lion in
bankruptcy, or any other proceeding relaling to insolvency, recelvemhip, liquidation or assignment for the benefit of creditors, or (iii) if the
other party sells or transfers a controlling Interest In Its ownership, or (Iv) if either party sells its assets to include the Service to another entity.
11.4_ Refund yr Payment upon Termination. Vpon any termination for cause by You, We shall refund You any prepaid tees covering the
remainder of the term of all subsaiptlons after the effective date of temtlnatlon. Upon any lemtinatlon for cause by Us. Yvu shall pay any
unpaid fees covering the remainder of the term of all Order Forma after the effective date of termfnelion. In no event shall any termination
relieve You of the obligation to pay any fees payable to Us for the period prior to the effective date of termination.
11.8_ Return of Your Data- Upon request by You made within 30 days after the effective date of termination of a Purchased Services
subscription, We will make available to You for download a file of Your Data In an electronic formal. After such 30-day period. We shall have
no obligation to maintain or provide any of Your Data and shell thereafter, unless legally prohibited, delete all of Your Data in Our systems or
otherwise In Our possession or under Our control.
11.6. Surviving Provisions. Section 6 (Fees and Payment for Purchased Services), 6 (Proprietary Rights), 7 (Confidentiality), 8.3
(Dlsclalmer), 9 (Mutual Indemnification), 10 (Limitation of Liability), 11.4 (Refund Or Payment upon Termination), 11.6 (Return of Your Data).
12 (Who You Are Contracting With, Notices. Governing Law and Jurisdiction) and 13 (General Provisions) shall survive any termination or
expiration of this Agreement-
12. GOVERNING LAW, JURISDICTION, AND NOTICES
12.2. Governing Law. This Agreement shall be deemed to have been made and entered Into In the State of California, and the construction,
validity and enforceability of this Agreement shall be governed by the laws of the Slate of California.
12.2. Notice. Except as otherwise specified In this Agreement, all notices, permissions and approvals hereunder shall be in writing and shall
be deemed to have been given upon: (1) personal delivery, (11) the date of receipt after mailing certified mall, return reoelpl requested, (111) the
second business day after sending by confirmed facsimile, or (Iv) the first business day after sending by email (provided email shall not be
sufficient for notices of termination or an indemniflable claim). Notices to You shall be addressed to the system administrator designated by
You for Your relevant Services account, and In the case of billing-related notices, to the relevant billing contact designated by You. Any
notices required under this Agreement should be sent to:
MobilApp, Inc.
23 Peters Canyon Rd
Irvine, CA 92606
12.3. Agreement to Governing Law and Jurisdiction. Each party agrees to the applicable governing law above without regard to choice or
conflicts of law rules, and to the exclusive jurisdiction of the applicable courts above.
12.4. Waiver of Jury Trial. Each party hereby waives any right to jury trial In connection with any action or litigation In any way arising out of
or related to this Agreement.
13. GENERAL PROVISIONS
13.1. Export Compliance. Each party shall comply with the export laws and regulations of the United States and other applicable
jurisdictions in providing and using the Services. Without limiting the foregoing, (1) each party represents that it is not named on any U.S.
government list of persons or entities prohibited from receiving exports, and (11) You shall not permit Users to access or use Services in
violation of any U.S. export embargo, prohibition or restriction.
13.2. Relationship of the Pardee. The parties are Independent contractors. This Agreement does not create a partnership, franchise, joint
venture, agency, fiduciary or employment relationship between the parties.
13.3. No Third-Party Beneficiaries. There are no third-party beneficiaries to this Agreement.
13.4. Waiver and Cumulative Remedies. No failure or delay by either party In exercising any right under this Agreement shall constitute a
waiver of that right. Other than as expressly staled herein, the remedies provided herein are In addition to. and not exclusive of, any other
remedies of a party at law or In equity.
13.6. Severabillty. If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, the provision shall be
modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law,
and the remaining provisions of this Agreement shall remain In effect.
13.8. Attorney Fees. You shall pay on demand all of Our reasonable attorney fees and other costs Incurred by Vs to collect any fees or
charges due Us under this Agreement following Your breach o1 SeUlon 5.2 (Invoicing arW Payment)
13.T. Assignment. Neither party may assign any of its rights or obligations hereunder, whether by operation of law or olhenNisa, without the
prior written consent of the other party (not to be unreasonably withheld). Notwithstanding the foregoing, either party may assign this
Agreement in its entirety (Including all Order Fonns), without consent of the other party, to Its AHlllate or In connection with a merger,
acquisition, corporate reorganization, or sale of all or substantially all of its assets not involving a direU competitor of the other party- A
party's sole remedy for any purported assignment by the other party In breach of this paragraph shall be, at the non-assigning party's
election, termination of this Agreement upon wdtten nonce to the assigning party. In the event of such a termination, We shall refund to You
any prepaid fees covering the remainder aF the term of ell subscripliona after the effeUive date of termination. Subject [o the foregoing, this
Agreement shall bind and Inure to the benefit of the parties, their respeUlve successors antl permitted assigns.
13.8. Entire Agreement. This Agreement, InUuding all exhibHs and addenda hereto and all Order Fomts, constitutes the entire agreement
between the parties and supersedes all prior and contemporaneous agreements, proposals or representations, written or oral, concerning Its
sub)ect matter. No modification, amendment, or waiver of any provision of this Agreement shall be effective unless in writing and either
signed or accepted elaclronically by the party against whom the modification, amendment or waiver Is to be asserted. However, to the extent
of any conflict or Inconsistency between the provisions in the body of Ihis Agreement and any exhibit or addendum hereto or any Order Form,
the terms of such exhibit, addendum or Order Form shall prevail. Notwlthslanding any language to the contrary therein, no terms or
conditions stated In Your purchase order or other order documentation (excluding Order Forms) shall be Incorporated Into or form any part o/
this Agreement, and all such term9 or conditions shall be null end void.
13.9. Ceasetlon of the Service. In the event that Mo411App or its' successors ceases to provide lha Sarvlca, Client will receive, a perpetual
license to the software needed to Independently maintain the full functionality of the Sarvlce for the Client's own exclusive use. This Includes
the 'MyClty29 o° mobile application and management portal software, but epeclflcally excludes any business Intelligence or analytical
reporting software owned or marketed by MobllApp. In addition, this speclflcally excludes any ihlrcl-party software, including operating
systems, databases. end libraries necessary to support the application.
This Agreement becomes effective or?D/6/?, In the City of Santa Ana and County of Ore nge, Stela of California.
MobllApp By: p Client By:
Name: ?pIH BS' /JO'/'/J??`7?" Name: pA TT. M WAT TFRS
Title: eUV 2 Tiue: ? "nte i ' t r Manager
Signature: ?!O A-?LvI?? Signature
Dale/6 /?1? Date??,/1 /?
ATTEST]
Maria D. Huizar
Clerk of the Council
RECOMMEND?I R APPROVAL ?+
Carlos Ro,7 as
Deputy Chef of Police
APP?RO?VED AS TO FORM
? ? ?.G t Ctl(? ?
Laura Stitt eedy
Assistant City Attorne
MobiiApp, Inc
Master Subscription Agreement
ORDER FORM
Services
? . Configuration of the "MyCily2go" application to allow use by You
2. Usa oT the MyCity2go management portal by Your employees.
3. Use of the MyCily2go mobile application and webslte by Your employees, citizens, end other parties.
Service Fees
?. The monthly ongoing fee for the Service shall be 599 (ninety-nine dollars)
a. This lee InGUdes up to 60 (fifty) internal users oT the MyCity2go management portal
b. Thig (ee inGudes usage of the mobile application and webslte by an unlimited number of users
c. There shell be no eddllionel coal to the end user to access the Service, whether through a Web browser or through a
mobile application.
2. Cllenl shall directly bear the coals for;
a. Domain reglalration and/or transfer Teas, if required by Client
b. Any SSL Certificates, if required by Clianl
Term
?. This prder will commence on the effective data written of the Subscription Agreement and shall continue for a period of 2 (two)
years.
2. Billing shall be In advance, each _X_ Month. `Quarter, _ Year (choose one), and payment Is due net 45 Days from the
Invoice date.
MobllAp? p/By:
Name: ?.lyy!') ?? ,??r! Pi??
Title: CGG R
Signature: ??? ?f/
Date/d/6/ //
Client By:
Name: Paul M. Walters
Titre: im City Manager
Signature: ?
Date??
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