These General Terms and Conditions aim to regulate the relationships between InnovatorsDesign EOOD ["Иноваторсдизайн" ЕООД], referred to hereinafter as "Provider" for brevity, and the users of Beboran, referred to hereinafter as "Users" – relationships established concerning the services being provided through the usage of the Application.
1. Introduction
1.1. The Application Beboran, that you have downloaded and are using, is developed by Deyan Vatsov (creator) and is property of InnovatorsDesign EOOD – the company behind the terms "Provider", "we", "us", "our" used in these General Terms and Conditions.
If you do not agree with these General Terms and Conditions and/or the Privacy Policy, you must cancel the downloading, and if you have already downloaded the Application, you must stop using it and uninstall it.
1.2. Information regarding the Electronic Commerce Act and the Consumer Protection Act:
Full name of the "Provider": InnovatorsDesign EOOD ["Иноваторсдизайн" ЕООД] is a company registered in Bulgaria with BULSTAT: 201624563, and head office and registered address at: city of Sofia 1220, residential complex Nadezhda 1, building 144, entrance 2 [Б], flat 55. You can contact us at contact@innovatorsdesign.com.
By entering your data in the Application, you become party to the agreements in these General Terms and Conditions and the Personal Data Protection Policy, and you also agree to all terms within them. If you do not agree with the terms, please immediately uninstall the Application.
2. Important Terms and Conditions
2.1. The Application can be downloaded and used free of charge. The Application should be used only in compliance with these General Terms and Conditions. Any use, copying, or distribution of the Application, or any parts of it, that do not comply with these Terms and Conditions, is strictly prohibited.
2.2. These General Terms and Conditions limit the responsibility as further explained in item 14.
2.3. If you are under 18 years of age, you need to receive a permission from a parent/legal guardian in order to download, install and use the Application.
2.4. To use the Application you should own an Apple iTunes/Google account. The rights to access the Application are linked to your iTunes/Google account, you should also follow all applicable requirements set by policies of Apple Inc. and Google Inc., including regarding in-app payments, if applicable.
2.5. Please have in mind that the Application should be used only for informational purposes. It does not provide medical advice or diagnoses, it is not designed and cannot substitute the professional advice or consultation of a paediatrician (and/or another medical professional) regarding your child. If you need medical advice, you should immediately contact your paediatrician. You also understand that the data you provide through the Application are in no way protected/confidential medical information defined by the Bulgarian legislation, your local legislation or any other applicable rules and regulations within and outside the European Union. Uploading protected/confidential information is not required by the Application and is solely your responsibility.
3. Privacy Policy
3.1. The Personal Data Protection Policy is an important agreement that regulates our use of the data we collect from the Application users in the course of their interaction with the Application. We use the data in accordance with our Privacy Policy and we strongly recommend you to read it carefully.
4. Developer’s Terms:
iOS users
Apple Inc. requires us to inform you about the following terms, and also requires your agreement in respect of using the Application:
4.1. Confirmation
We and you jointly confirm that these General Terms and Conditions are an agreement solely between us and you, and neither Apple Inc. ("Apple"), nor any other affiliate or subsidiary company is a party to this agreement. You also confirm our sole responsibility for the Application and its contents.
4.2. Right of Use
As a result of your complete compliance with all of these General Terms and Conditions, we grant you limited, personal, revocable, non-transferable, life-time right of use (\"licence\") of the Application on a device owned or controlled by you, and in accordance with the freedoms provided by these General Terms and Conditions and the Personal Data Protection Policy.
4.3. Maintenance and Support
We are only responsible for the maintenance of the Application and the support of its users. Both you and we confirm that Apple Inc. has no obligations to provide maintenance or other support regarding the Application.
4.4. Claims Concerning the Product
You confirm that we, and not Apple Inc., are responsible for dealing with any potential claims you may have regarding the Application, including but not limited to:
4.5. Intellectual Property Disputes
You confirm that in cases of any third party claims regarding the Application and infringement of intellectual property, we are solely responsible for the investigation, defence and settlement of the claims regarding such infringement of intellectual property, and not Apple Inc.
4.6. Third Party Users of Rights Granted by These General Terms and Conditions:
You confirm that Apple Inc. and its subsidiary companies are third parties beneficiaries of these General Terms and Conditions, and, according to the Terms, Apple Inc. has the right (the rights are considered to be accepted by Apple Inc.) to enforce the provisions herein against you in its capacity as a third party beneficiary thereof.
Android users:
By downloading the Application from Google Play Store (https://play.google.com/store) you declare that you have read and agreed to the Google Play Terms of Service (https://play.google.com/intl/en-gb_uk/about/play-terms.html) and Google Play Terms of Business (https://store.google.com/intl/en-gb_uk/about/device-terms.html). If you have downloaded the Application from another online market of a device with Android operating system, you declare that you have read and agreed to the respective terms and conditions.
4.7. Terms of External Services Providers
Beboran uses and may use different providers in order to provide high-quality services, to fulfil its contractual obligations towards the users, and to protect the users’ legitimate interests. In cases of transfer of personal data outside the European Economic Area (EEA), we make sure that the country the data are sent to is party to the so-called e-Privacy Shield framework. We are actively monitoring and developing our infrastructure through acceptance and enforcement of important for the sector and approved codes of conduct, certification mechanisms, etc., and we plan to continue doing so in the future. Especially important to us is the IAB Europe initiative – a specialized framework for integration of receiving and transferring of agreement between the different participants in the technically complex programmatic ecosystem.
Google Analytics for Firebase
Key tool for collection of information about your behaviour – used for statistical purposes related to our Application. We consider its usage to be our legitimate interest with the exception of the cases described below.
You can find the Google Privacy Policy and Terms, including Google Analytics, here: https://policies.google.com/technologies/partner-sites?hl=bg
Beboran may include added codes allowing third party platforms to access the Application and serve advertisements. Furthermore, these third parties collect personal data of the visitors for the purposes of selecting, serving and accessing advertisements, personalizing and measuring. Data collected by such partners are anonymous. Beboran examines and follows carefully the IAB Europe initiatives regarding the establishment of codes of conduct, technical standards and certification mechanisms that will be reflected in an approved list of services providers (dealing with programmatic advertising) and a mechanism for using only the providers for whose services prior approval by the users have been received. Until the aforementioned frameworks and standards are adopted, and for the optimal protection of the personal data of its users, Beboran will require agreement regarding all specific purposes, described in the Privacy Policy and the process for receiving consent regarding the serving of programmatic advertisements.
For more information about the ways we collect, use and store your personal data, visit our Privacy Policy.
Beboran may partner with third party providers in order to provide other services so you can continue using the Application free of charge.
5. Use of the Application
5.1. By downloading the Application, you confirm/declare that you are at least 18 years of age, or, in case you are under 18 years, you are at least 16 years of age and have the permission of your parents or legal guardians to download and use the Application.
5.2. By downloading and/or using the Application, you acknowledge that the Application is not intended to offer medical advice or provide diagnoses or treatment. If you believe you have emergency medical condition, please contact your doctor or call for an ambulance immediately. Never ignore professional medical advice and do not delay seeking such, because of something you have read in the Application. Always seek professional advice from an eligible medical specialist in cases of questions regarding potential health issues.
This Application is not a medical device as defined in Council Directive 93/42/EEC, amended by Council Directive 2007/47/EC.
The Application is not designed to be used "specifically for diagnostic and/or therapeutic purposes", or with the following aims:
5.3. By downloading and/or using the Application, you acknowledge and accept that we cannot control the other users of the Application and the quality or truthfulness of the information uploaded by both them and you. We cannot guarantee the correctness and reliability of any content shared by the users and uploaded to the Application.
5.4. As long as the Application is installed on your device, it can send you notifications with news, including when it is not active. You can turn off these notifications from the Settings, in case you do not want to receive them.
6. Ownership and Contents of the Application
6.1. All rights and intellectual property are owned by the creator of the Application.
7. Data Input and Content Upload
7.1. By uploading various content allowed on the Application – texts, photos, data and other information (content) – you give your free, specific and informed consent this content to be stored, copied, modified, adapted and processed, and presented back to you in a usable form.
7.2. The content you upload is not visible by the other users, unless you intentionally agree to share it with friends and family members.
7.3. The content you upload is protected in compliance with our Personal Data Protection Policy.
7.4. You confirm/declare that the content you upload is not an intellectual property of a third party and is not insulting or improper. You consent to compensate InnovatorsDesign for any possible loss inflicted as a result of a claim by a third party due to incorrectly declared information/circumstances in the content uploaded by you. The compensation should fully correspond to the suffered loss.
In cases of incorrectly declared information, circumstances and/or content, InnovatorsDesign reserves its right to seek compensation for other related damages, including loss of profit.
7.5. You agree/declare that you will not use the Application to spread offensive or improper content and materials, or use it for commercial purposes.
8. Follow-up Upgrades and New Versions of the Application
8.1. We may upgrade the Application.
9. System Requirements
9.1. The Application is designed to work with the latest iOS and Android versions, as of the time of release of the Application. At times Apple Inc. and Google Inc. can update the iOS/Android software and we may, but are not obliged to, update the Application versions respectively to guarantee smooth performance of all functions. It is your responsibility to use the latest published iOS or Android software.
10. Indemnity/Compensation
10.1. You agree to compensate us for and protect us against any damages caused by any claims/actions, by covering all expenses (including reasonable court fees) related to or incurred by your use of our Application or any violation, or possible violation, made by you of these General Terms and Conditions or of any law or rights of third parties.
11. Term and Termination
11.1. By agreeing to these General Terms and Conditions, you enter into an Agreement that comes into effect with your entering of data in the Application, installed on your device. The Agreement remains in effect until terminated by you or us. You can terminate the Agreement under these General Terms and Conditions, by removing the Application from your device. The Agreement will be automatically terminated if you violate any of these General Terms and Conditions. Upon termination you are obliged to stop using the Application and to delete any copies of it.
11.2. We reserve our right to change, discontinue or restore the Application, with or without prior notice. You do not have the right to hold us responsible for any changes to the Application or its withdrawal from the market.
11.3. The following clauses shall remain valid after the termination of the Agreement: item 6 (Ownership), item 10 (Compensations), item 11 (Term and Termination), item 13 (General Provisions), item 16 (Limitation of Liability).
12. Support and Contacts
12.1. The Application is provided as is. However, if you need any help, contact us at contact@beboran.app and will do our best to assist you.
13. General Provisions
13.1. The following General Terms and Conditions set out our complete and mutual understanding and can be supplemented, amended or waived only in written form by us. No waiver by us of any failure by you to comply with or perform a provision of these General Terms and Conditions shall be deemed to be a waiver of any preceding or succeeding failure. In case any of the provisions of the General Terms and Conditions are considered invalid or inapplicable, the remaining provisions remain valid and in full effect.
13.2. You, personally, enter into this Agreement. You cannot transfer rights or obligations related to it.
13.3. You can only use the Application for your private and personal purposes; it is forbidden to use it for commercial purposes. You cannot reproduce, distribute, publicly display or perform, translate, modify, adapt, reverse engineer, create derivative works, deconstruct, decompile the Application or parts of it in any way, including but not limited to graphic, associated software or proprietary communications protocol used by the software or any utilities, applications, emulators or tools derived from them, save to the extent that such rights cannot be excluded by law.
13.4. You agree not to access, or attempt to access, the profiles of other users, or to break through, or attempt to break through, the security measures of the Application, or to transfer files containing viruses, Trojan horses or other malicious programs.
14. Limitation of Liability
14.1. The Application is provided free of charge as is, without any representation, endorsement or warranty of any kind, including but not limited to implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and/or accuracy.
14.2. We do not guarantee that: (a) the Application will run without any errors, viruses, bugs or any other defects; (b) that information provided by the Application is complete and comprehensive and is everything you will need to bring up your child; (c) the information shared by other users is correct and authentic; and (d) any faults will be corrected.
14.3. You acknowledge that counting on any information provided by the Application is at our own risk.
14.4. Any other liability for damages or losses is limited to the full extend allowed by the law, including by your local jurisdiction and concerning damage to a device or a computer.
14.5. Nothing within these General Terms and Conditions limits your rights as a consumer granted to you by the local laws.
14.6. Our full liability towards you is limited to the amount of the purchase value, if there is such – the Application or other services purchased in it.
15. Amends to the General Terms and Conditions
15.1. We reserve our right to amend the terms for any legal, regulatory reasons, for any compliance with any changes that may be required by Apple Inc. and Google Inc., or our own reasons. You will be informed about any amends and will be required to accept the changes in order to continue using the Application.
16. Jailbroken Devices
16.1. This Application is not designed to work on devices which software no longer matches the obligatory standards (jailbroken devices). You agree not to install, attempt to install or use the Application on jailbroken devices. Any attempt to install or use the Application on a jailbroken device is considered a violation to the General Terms and Condition of this Agreement and will result in a one-sided termination of the Agreement by us, termination of your profile, without refund of the purchase value (if there is any). We are not responsible for any damages or losses caused by the use of a jailbroken device.