Terms of Use

last updated: 24 April 2024 

Introduction

Thanks for choosing the Bubibo SuperApp (“App, Software”). We're stoked to have you onboard. This document gives you the full rundown of who we are, outlines your rights and responsibilities when using the App, and explains the ground rules for using it properly. 

These Terms of Use (these "Terms") are a legally binding Agreement between users ("you") and Limited Liability Company "BUBIBO", registered and operating in accordance with the laws of Ukraine ("we", “our” or "us"), which regulates the conditions and rules of use of our App.

Table of contents

1. 1. We and our details
2. 2. Agreement to terms 
3. 3. Specific restrictions
4. 4. User account and verification
5. 5. Use of the App and its Functions
6. 6. End-user license agreement (EULA)
7. 7. Subscriptions and charges
8. 8. Fee changes
9. 9. Third parties’ Website and services
10. 10. Indemnification
11. 11. Limitation of liability 
12. 12. Disclaimer 
13. 13. Personal data
14. 14. User guarantees 
15. 15. App rules
16. 16. Content and intellectual property
17. 17. Dispute resolution and applicable law
18. 18. Termination
19. 19. Terms of use changing
20. 20. Miscellaneous

1. We and our details

2 Agreement to terms

Prior to using our App, please thoroughly review the Terms governing the Software as well as the Privacy Notice. In the event you donʹt agree with these Terms and Privacy Notice, you must stop using the App. 

By accessing or registering for the App, you hereby confirm your agreement to be legally bound by and to adhere to the Agreement in its entirety. Should you take issue with any of the Terms, refrain from accessing the App any further.

By utilizing the App, you represent and affirm that:

• You have carefully read, comprehended, and possess the legal capacity to enter into the binding Agreement and Privacy Notice.
• You are an individual over the age of 13 years old and hereby agree to be bound by these Terms and Privacy Notice, or your parents or guardian has read and agreed to these Terms and Privacy Notice;
• You are solely responsible for maintaining the confidentiality and security of your login credentials, passwords, and any other means of accessing the App from unauthorized use.

Notice: Your use of the App is strictly on an "as is" and "as available" basis. No warranties or guarantees of any kind are provided regarding the Appʹs performance, functionality, or alignment with your expectations, hopes, or assumptions. We expressly disclaim any and all liability for failure to meet such subjective criteria.

These Terms of Use, the Privacy Notice, and any supplementary terms, conditions, or documents that may be periodically posted within the App are hereby expressly incorporated by reference and deemed fully integrated components of this Agreement.

3. Restrictions

Our App services are not available to individuals located in the Republic of Belarus, the Russian Federation, Russian-occupied regions of Ukraine (including the Autonomous Republic of Crimea as an administrative part of Ukraine), the Republic of Cuba, the Islamic Republic of Iran, the Democratic Peopleʹs Republic of Korea (DPRK), the Republic of Sudan, the Syrian Arab Republic, or the Bolivarian Republic of Venezuela.

We do not engage in any business dealings or transactions with companies owned or affiliated with citizens of the aforementioned countries and territories.

We retain the right to terminate this Agreement without compensation or refund and prohibit the use of the App by any user providing support for the aggression against Ukraine, such as paying taxes or fees to the aggressor country or having affiliations with nations promoting aggression against Ukraine.

4. User account and verification

Registration for a user account on our App is optional. However, creating an account allows you to save data in your pet profile and prevents the loss of this information. 

During the registration process, you need to provide your phone number, full name, and email address, and you can set up a profile photo.

Alternatively, you have the option to register and log in through your existing Facebook, Apple, or Google accounts. By choosing this login method, you authorize these platforms to share certain information with us, which may include your profile data, profile photo, preferred language, and location.  

You are responsible for maintaining the accuracy of the information provided during registration and keeping your account credentials secure from unauthorized access.

Account Security Concerns. We kindly request that you promptly notify us if:

• You become aware or have any reason to suspect that an unauthorized party has gained access to your account; or
• Your login credentials (such as username and password) have been lost, stolen, misappropriated, or otherwise compromised.

Timely reporting of such incidents allows us to take appropriate measures to safeguard the security and integrity of your Account. Your vigilance in notifying us of potential security breaches or compromised credentials is greatly appreciated and aids in maintaining a secure environment for all our users.

Account Transfer and Security. You are prohibited from transferring or assigning your account to any third party.  You bear sole responsibility for safeguarding the confidentiality and security of your account credentials, as well as for any and all activities conducted under your Account. Ensure proper measures are taken to prevent unauthorized access or misuse.

5. Use of the App and its Functions

Our App is an all-in-one pet care and training which is designed to simplify life as a pet owner. Its core functions include:

• Pet Profile Creation. Register your petʹs details like breed, age, and behavior traits to receive personalized content recommendations.
• Educational Resources. Access a vast library of articles, video tutorials from professional trainers, and care tips tailored to your petʹs needs. Learn about using dog whistles, clickers, petting spots, and more.
• Training Tools. Utilize built-in features like a dog clicker and whistle along with positive reinforcement techniques for effective obedience and trick training.
• Content Personalization. Get customized training videos, articles, and tutorials based on your petʹs profile and training goals like recall, potty training, etc.
• Training Tracking. Save and access your favorite videos and articles within the app for consistent training sessions.

6. End-user license agreement (EULA)

Under these Terms, we grant you a personal, global, revocable, non-transferable, and non-exclusive license to access and use the App and its content solely for your private and non-commercial purposes.

This license is provided strictly to allow you to enjoy the benefits of the App as described herein personally and for no other purpose.

You are strictly prohibited from using the App or any of its content, including partial elements, for any commercial or promotional activities without first obtaining our express written consent.

You do not have the right to: 

• Copy or reproduce the App or any part thereof beyond what is permitted under this Agreementʹs license grant.
• Sell, resell, rent, lease, loan, distribute, redistribute, publish, or republish the App or any component of the App.
• Modify, alter, adapt, translate, edit, or create derivative works based on the App or any part of the App.
• Reverse engineer, decompile or disassemble the App or any part of the App.
• Copy, modify, transmit, distribute, publicly display, demonstrate, derive works from, use, or reproduce in any way the copyrighted materials, images, screenshots, trademarks, trade names, proprietary information, service marks, and other intellectual property available within the App.

Notice! This list is not exhaustive.

7. Subscriptions and charges 

Users can access information about subscriptions and pricing within the App. Subscription purchases are facilitated through the Apple or Google payment systems, subject to their respective rules and policies.

Requests for refunds on subscription purchases made through the Apple App Store or Google Play are governed by the refund policies set forth by Apple App Store or Google Play, respectively. For detailed guidance on refunds, please refer to the following resources:

• Google Play Refund Policy;
• Apple App Store Refund Policy;

We recommend reviewing the refund procedures outlined by these platforms before proceeding with a subscription purchase.

Trail. Some of our subscriptions may include a free trial period, during which you can experience the App at no cost. Once your free trial expires, your subscription will automatically renew to a paid subscription. If you decide to unsubscribe from a paid subscription before the Apple App Store or Google Play starts charging your payment method, cancel the subscription before the free trial ends.

Your subscription charges will be processed through your linked Apple App Store (Apple ID) or Google Play account payment method. The applicable fees will be billed accordingly upon selecting your desired subscription plan and confirming the purchase.

Unless auto-renewal is disabled or the subscription is canceled within your account settings under the "Manage Subscriptions" section, paid subscriptions will automatically renew upon expiration of the current billing cycle.

We recommend reviewing your subscription settings regularly to ensure they align with your intended renewal preferences.

Learn more about managing your subscriptions on the Apple App Store here.

Cancel a Google Play subscription. Unless you unsubscribe, you’ll be charged at the beginning of each billing cycle according to your subscription terms (for example, weekly, annually, or another period).

Important! When you uninstall the app, your subscription wonʹt cancel.

• On your Android device, go to subscriptions in Google Play.
• Select the subscription you want to cancel.
• Tap Cancel subscription.
• Follow the instructions.

Tip! If you have a subscription with an app and the app gets removed from Google Play, your future subscription will be canceled. Your past subscriptions can’t be refunded, with some exceptions as specified in this article or Google Play’s refund policies.

Learn more about how to manage your subscriptions on Google Play here.

8. Fee Changes

We reserve the sole right to modify the subscription fees at any time and at our discretion. Any such fee changes will become effective at the end of your then-current billing cycle.

Your continued use of the App after a subscription fee change has been implemented will constitute acceptance of the modified fee amount.

Please note that if you cancel your subscription and later decide to re-subscribe, you will be subject to the subscription fee pricing in effect at that time, which may differ from your previous rate.

9. Third parties’ Website and services 

The App may rely on or contain links to websites and online services operated by third parties, which are outside of our control.

The respective third parties govern your access and use of such external websites and services and do not fall under the scope of these Terms.

We do not assume any responsibility for the content, functionality, or services provided through third-party websites or platforms. We shall not be liable for any loss, damage, or other issues arising from your use of such external websites, services, content, or features. The availability and operations of these third-party offerings are beyond our control.

You acknowledge that separate terms of service (or equivalent agreements) and privacy notices (or equivalent notices) apply to your use of third-party websites, services, content, and functionalities accessed through or linked from our App.

We expressly disclaim any responsibility or liability for any materials communicated via these third-party websites and services or for any loss or damage resulting from their use.

10. Indemnification  

You agree to defend, indemnify, and hold harmless our company, our licensors, and our respective employees, contractors, agents, officers, and directors from and against any and all claims, damages, obligations, losses, liabilities, costs, debt, and expenses (including but not limited to attorneyʹs fees) arising out of or resulting from:

• Any breach by you of these Terms;
• Your misuse or unauthorized use of the App or its Content;
• Your violation of any applicable laws, infringement of a third partyʹs intellectual property rights or other rights, or breach of any agreement or terms with a third party to which you are bound.

At our sole discretion, we reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In such cases, you agree to cooperate with us and provide assistance as requested to support our legal strategy.

11. Limitation Of Liability  

Under no circumstances shall our company, partners, agents, suppliers, or affiliates be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to losses of profits, data, use, goodwill, or other intangible losses, resulting from:

• Your access, use, or inability to access or use the App;
• Any conduct or content of third parties on the App;
• Any content obtained from the App;
• Unauthorized access, use, or alteration of your transmissions or content;

We also disclaim liability for damages arising from violations by users or third parties of intellectual property rights using our App or disruptions/limitations to App functionality caused by issues with mobile devices, internet providers, or mobile operator applications.

The foregoing limitations shall apply to the maximum extent permitted by applicable law.

12. Disclaimer  

The Software is provided "as is" and "as available," meaning we canʹt guarantee it will always function perfectly, be constantly available, or be completely secure.

While we make efforts to fix bugs and errors, we canʹt promise theyʹll all be addressed in time.

We  don’t warrant that the software will function uninterrupted, secure, or available at any particular time or location; 

• any errors or defects will be corrected; 
• the software is free of viruses or other harmful components or
• the results of using the software will meet your requirements.

Some jurisdictions don’t allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

13. Personal data

We collect and process your data to provide our software and allow you to use the App. The Privacy Notice section describes how your data can be collected, processed, and transmitted.

14. User guarantees

By using or visiting our App, you guarantee the following:

• the compliance with age restrictions;
• that you will use the app for personal use;
• that you have all the powers (competence and legal capacity) required by law to accept these terms.
• that you will not use the software for fraud, other atrocities, insults defaming the honor and dignity of other users, distributing obscene content, distributing pornographic content, unapproved collection, process, and distribution of personal data of other users;
• not to violate the rights of other users, including but not limited to the intellectual property rights of third parties.

15. App Rules

By using our App, you agree to comply with the rules outlined in this document, including but not limited to the following prohibited activities.

We ask that you avoid the following:

• Misusing the App. This includes fraud, threats, harassment, and impersonation.
• Respecting Others. Be kind and avoid invading anyone`s privacy.
• Playing Fair. One account per person and no sharing of login details.
• Following the Law. This includes international laws, common sense, and ethical behavior.
• Keeping it Safe. Donʹt upload viruses or hack accounts.

We have the right to delete, restrict access, or block content or the account as a whole for non-observance of the terms and conditions in this document.

16. Content and intellectual property

Intellectual property. All intellectual property rights, including but not limited to copyrights, trademarks, and any other proprietary rights, in and to the App (including its source code, design, GUI, UI/UX design, text, logos, videos, sounds, music, articles, and other content) are and shall remain the exclusive property of Limited Liability Company "BUBIBO" (except for content used by us under licenses from third parties).

Content. The content found (posted) in the App is the property of the Limited Liability Company "BUBIBO" or is used with the permission of the copyright owners. You may not distribute, modify, transmit, reuse, download, repost, copy, or use the said content, in whole or in part, for commercial purposes or for personal gain, without prior written permission from us.

17. Dispute resolution and applicable law 

The parties shall make good faith efforts to resolve any disputes or disagreements arising under or in connection with this Agreement through amicable negotiations.

In the event negotiations fail to reach a mutually acceptable resolution, any such disputes shall be subject to litigation and adjudication by the National Courts of Ukraine, pursuant to the jurisdictional rules established under applicable procedural laws.

This Agreement shall be governed by and construed in accordance with the laws of Ukraine without giving effect to any principles of conflicts of laws.

Users` complaints and claims are accepted to the email address inbox@bubibo.com. Our support team will contact you in the shortest lines and as soon as possible.

18. Termination

Termination by Us. We reserve the sole right to modify, suspend, or discontinue the App, its content, features, or offerings at any time in the following cases:

• Your violation of these Terms;

• Attempts to inflict damage on the reputation or normal operations of the App;

• Any other circumstances expressly stipulated within these Terms.

We may take any lawful actions deemed appropriate in response to actual or suspected violations of these Terms, including, but not limited to, the suspension, cancellation, or termination of your license (in whole or in part) and access to your account on the App.

We will cooperate with legal authorities or third parties in investigating any suspected or alleged criminal activities or civil wrongdoings.

Termination by You. You may terminate these Terms with us by canceling your Account and discontinuing access to the App.

Consequences of Termination. Upon termination of the Agreement, all permissions and licenses granted under these Terms will immediately terminate, and we shall have no obligation to provide refunds.

19. Terms of use changing

We are continuously enhancing and improving our service offerings to provide a more convenient and user-friendly experience. As a result, our service use policies may be periodically updated and supplemented with new provisions.

In the event of any modifications to the terms and conditions, we will provide you with advance notice of such changes, allowing you the opportunity to review and familiarize yourself with the updated policies before they take effect.

We recommend regularly reviewing the latest version of our terms to ensure you remain informed of any revisions that may impact your use of our services.

20. Miscellaneous

Assignment. The company reserves the right to freely assign its rights and/or obligations under this Agreement without requiring the userʹs consent. Unless expressly stated otherwise in this Agreement, users are prohibited from assigning, transferring, or otherwise disposing of or dealing with this Agreement and/or any of its associated rights and obligations.

Survival. Upon termination of this Agreement, all provisions that by their nature should survive termination shall remain in full force and effect, including but not limited to provisions related to ownership, warranty disclaimers, and limitations of liability.

Individual Claims. All claims or disputes between the parties relating to these Terms shall be litigated on an individual basis. The users shall not consolidate or pursue class treatment for any claims.