TERMS OF USE

Effective Date (last updated): February 2024

1. ACCEPTANCE OF TERMS

Please read this Terns of Use carefully before using the website https://familyfresh.app/ operated by Bini Bambini OÜ, a company incorporated under the laws of Estonia, registered address: Pae tn 25-47, Lasnamäe district, Tallinn city, Harju county, 11414, Estonia, registration number: 14086465.

These Terms of Use apply to all visitors, users and others who access or use the Services (as they are described below) and is a legally binding agreement with the Company.

Bini Bambini OÜ (“Company,” “we,” “us,” “our”) provides its Services to you subject to your agreement with these Terms of Use (“ToU”). This document describes in details your rights and our rights relating to the provision of our Services, so please review the ToU carefully.

We may update this ToU from time to time by posting a new version on our website. We will notify you about significant modifications where it is possible and necessary via email provided by you, however please be advised that we are not obliged to do so. Such modifications shall be effective upon our posting of the revised ToU on our website. It is therefore important that you review these ToU regularly to ensure you are updated as to any changes. Your continued use of the Services after any such update constitutes your binding acceptance of such changes. If you do not agree to be bound by this ToU, you should discontinue all use of the Services immediately. 

If you register with our website (or application) or buy any product or Services (or any portion thereof) from our website, we may ask you to expressly agree to these ToU or confirm that you have read it and have proceeded with using our Services knowingly.

Please see also our Privacy Policy, our Cookies Policy, which are not part of this agreement.

1. DESCRIPTION OF SERVICES

We offer our users access to content, viewing, use of our applications through our website or the ability to download them to their device, as well as distance learning services (through the use of our applications), including interactive communication with a mentor with online use entertaining, educational and developmental materials aimed at the formation and development of useful skills and habits of users (collectively "Services"). Unless explicitly stated otherwise, any new features that augment or enhance the current Services shall be subject to this ToU. The Company may additionally publish or otherwise notify you of the procedure for ordering Services, scheduling classes, conditions for refusing Services or rescheduling services.

To use our Services, you will need a device that meets certain system and compatibility requirements. Apps available on or through our website may have additional system requirements. Please note that Services may only be available for certain operating systems (such as iOS, Android). You may only use Services (including download and use the apps) on a device running validly licensed copies of the operating systems on which Services were designed to operate. To be able to access and/or use the Services, or any portion thereof, you must legally obtain all the applicable or required facilities, utilities, software and equipment at his/her sole risk and expense.

The availability of apps and features may vary between countries and not all of them may be available in your country.

Unless we have agreed a particular level of service with you, we make absolutely no promises about the quality or existence of any of our Services. Please read the sections below and our general exclusion of liability.

The Company has the right to use the services of any natural and legal persons, in order to provide timely and high-quality Services. The Company makes every effort to control the quality of the Services provided, the accuracy of information about mentors, their qualifications, contact methods and schedules, but cannot make any guarantees regarding this information.

The Company has the right to record audio-video- sessions upon your voluntary consent for the purpose of monitoring and improving the quality of Services and their analysis (measuring the effectiveness of service provision, finding ways to improve service provision, improving user experience, feedback on the services provided), including using artificial intelligence.

Some of our activities are carried out on web platforms provided by third parties. For example App Store (https://www.apple.com/app-store/) or Google Play (https://play.google.com/store). If you make use of any Service where that is the case, you are responsible for complying with any terms of service of the third party platform.

1. YOUR REGISTRATION OBLIGATIONS

Before you can use our Services, you may need to register for an account (“Account”). In order to create an Account, you must:

• be at least 13 years old (unless different age limitations apply in your country). We may require and adequate evidence of your age at any time; and
• be legally permitted to use the Services by the Laws of your home country.

If the user is minor, he/she shall become acquainted of these ToU with the help of his or her parents/legal guardians. To protect children’s privacy, we advise parents or legal guardians to check that their children never disclose their personal data without prior consent of their parents or guardians. We reserve the right to restrict access to certain Services on age grounds and may allow the registration for certain Services with parental approval when underage. We reserve the right to ask for written proof of parental consent for any user or potential user of our Services suspected to be a minor. In all cases, use of the Services by minors must take place under the responsibility of their parents or legal guardians and any use of the Services is assumed to have been validated by them.

You can create an Account via manual registration or we may provide you with option to register via your account on third party platform (e.g. Facebook account, Google account etc). 

By creating an Account, you agree:

- to provide accurate, current and complete information about yourself as prompted (“Registration Data”), maintain and promptly update the Registration Data to keep it accurate, current and complete. You must supply us with a valid e-mail address and/or telephone number. If you provide any information that is inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is inaccurate, not current or incomplete, we may deny you access to areas requiring registration, at our sole discretion;

- that you are responsible for the security of your Accounts and making sure that any contact details in the Account are kept up to date. If we need to contact you but are unable to do so, for example because your e-mail address and/or telephone number is no longer valid, then any consequences of that failure will be your responsibility;

- that you must not let anyone else use your Account. You must let us know of any unauthorized use of your Account as soon as you are able to after becoming aware of it;

- that unless an Account is associated with paid-for Services, we may suspend or terminate it at any time. Equally, you may close your Account at any time. 

As a result of your registration for the Services, you may receive certain communications from us. You understand and agree that these communications are part of your registration.

You acknowledge, consent and agree that we may access, preserve and disclose your Account information and content if required to do so by law or in a good faith belief that such access, preservation, or disclosure is reasonably necessary: (i) to comply with legal process; (ii) to enforce the ToU; (iii) to respond to claims that any content violates the rights of third parties; (iv) to respond to your requests for customer service; or (v) to protect the rights, property, or personal safety of us, our users and the public.

1. PRIVACY POLICY

Your Registration Data, as well as information that you may provide at other times during your use of the Services, is subject to our Privacy Policy. Please check it out for more information about data we use and how we use it. 

1. PAYMENT AND BILLING

We may allow you to download, view or use our apps or other Services free of charge. And some our Services may be available for a fee (whether by way of in-app purchases or by way of subscription fees), as further described on our application detail pages. Additional restrictions may apply to access to and use of certain free Services. Pricing and availability of all Services provided by us are subject to change at any time prior to purchase.

All fees are based on Services purchased, regardless of actual usage. Please note that we do not provide price protection or refunds for existing subscribers in the event of a price drop or promotional offering for new subscribers.

 

You must either use a credit card or other payment method accepted by us (e.g., Credit Card, Apple’s iTunes App Store, Google Play, PayPal) to activate and maintain your paid-for Services.

By providing a payment method, you expressly authorize us to charge the applicable fees through the payment method that you use when registering for an Account. You will also be responsible for charges for any products or services that you order that are offered for sale through the Services.

You may terminate a paid-for Services at any time by giving us notice of termination. Any payment you have already made to us will not be repayable, but we will continue to supply the Services — unless you ask us otherwise — until the next payment date.

We may suspend a paid-for Services if we reasonably believe:

• It is necessary for us to do so in order to prevent any unlawful activity;
• You have breached this agreement in a sufficiently serious way to justify suspending the service in order to prevent that breach;
• You have failed to pay us any sum of money you owe.

If we do suspend a service for any of the above reasons, we will take all reasonable steps to inform you promptly of what we have done and we will lift the suspension as soon as we are satisfied that the reason for the suspension no longer applies.

1. USER CONDUCT

By using the Services, it is your responsibility to know, understand and abide by our rules of use. These rules are not meant to be exhaustive, and we reserve the right to determine what types of conduct it considers to be inappropriate use of the Service and to take such measures as it sees fit. We reserves the right to add to or amend this list of rules at any time.

You agree that you will not use the Services to:

- interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services.

- intentionally or unintentionally violate any applicable local, state, national or international law.

- use the Services for non-personal or commercial purposes without our express prior written consent.

- copy, modify, alter, adapt, make available, translate, port, reverse engineer, decompile, or disassemble any portion of the content made accessible by us on or through the website, including any information, videos, text, graphics, software programs used by us in connection with the website, Services or our apps, materials, descriptions, data obtained from or through the website (collectively, “Content”), or publicly display, reproduce, create derivative works from, perform, distribute, or otherwise use such Content, other than as permitted under these Terms; 

- copy, distribute, display, execute publicly, make available to the public, reduce to human readable form, decompile, disassemble, adapt, sublicense, make any commercial use, sell, rent, transfer, lend, process, compile, reverse engineer, combine with other software, translate, modify or create derivative works of any material that is subject to our proprietary rights, including our Intellectual Property, in any way or by any means, unless expressly permitted in the Terms; 

- make any use of the Content on any other site or networked computer environment for any purpose, or replicate or copy the Content without our prior written consent; 

- infringe and/or violate any of the Terms.

Violation of our rules may result in the canceling of your account.

1. INDEMNITY

You agree to indemnify, defend, and hold us and our subsidiaries, affiliates, officers, employees, agents, co-branders and other partners, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Service, any transaction resulting from use of the Service, your connection to the Service, your violation of these Terms, and/or your violation of any rights of another.

1. TERMINATION

 

You agree that we may, in its sole and absolute discretion and without notice or liability to you or any third party, immediately terminate your access to the Services. Grounds for such termination shall include, but not be limited to, (a) breaches or violations of the ToU or other agreements or guidelines, (b) requests by law enforcement or government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification of the Service (or any part thereof), (e) unexpected technical or security issues or problems, and (f) extended periods of inactivity. 

Termination of your Account(s) may include (a) removal of access to all offerings within the Services, and (b) barring further use of the Services.

1. DEALINGS WITH ADVERTISERS AND OTHER USERS

Your correspondence or business dealings with, or participation in promotions of, advertisers or third parties found on or through the Services, such as through banner ads or hyperlinks displayed on the Services, including payment for and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that we shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or third parties on the Services.

1. LINKS

The Services may provide links to other World Wide Web sites or resources. Because we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

1. OUR PROPRIETARY RIGHTS

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, "Content"), including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of such Content, contained on the website is owned, controlled or licensed by or to Bini Bambini OÜ, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

You acknowledge and agree that the Services contains proprietary and confidential information that is protected by applicable intellectual property and other laws. 

1. ADVERTISEMENT

We may promote our apps through advertising platforms or direct deals. At the same time, we ensure that our ad creatives intended for kids undergo thorough human vetting review to ensure age appropriateness before it is displayed to users.

In case that ad creatives from third parties under direct deals are displayed in our apps, we also conduct a human review of these creatives to ensure compliance with the requirements for the kids category.

1. DISCLAIMER OF WARRANTIES

You expressly understand and agree that:

• Your use of the Services is at your sole risk. The Services is provided on an “AS IS” and “as available” basis. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, accuracy, and non-infringement. We assume no responsibility for the timeliness, deletion, mis-delivery or failure to provide any content.
• Any content downloaded or otherwise obtained through the Services is downloaded and used at your sole discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results form the download or use of any such content.
• No advice or information, whether oral or written, obtained by you from us or through or from the Services shall create any warranty not expressly stated in the ToU.

1. LIMITATION ON LIABILITY

YOU UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICES; (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (iv) ANY OTHER MATTER RELATING TO THE SERVICE. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE GREATER OF ONE HUNDRED U.S. DOLLARS (USD 100) OR THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM.

1. EXCLUSIONS AND LIMITATIONS

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.

1. NO THIRD PARTY BENEFICIARIES

You agree that, except as otherwise expressly provided in this ToU, there shall be no third party beneficiaries to this Agreement.

1. NOTICE

We may provide you with notices, including those regarding changes to the ToU, by email, regular mail, or postings on the Services; provided, however, that this Section places no requirements us not already expressly set forth herein.

1. TRADEMARK INFORMATION

Company’s and other names, logos and marks are the trademarks and service marks of Bini Bambini OÜ or its Licensors or Affiliates (the “Company Marks”). You agree that you will not display the Company Marks, or use the Company Marks in any manner, without the prior written permission of the Company.

1. DISPUTES

Any dispute arising out of or related to the Services or the ToU will be brought in, and you hereby consent to exclusive jurisdiction and venue in, the competent courts of the territory we base. You agree to waive all defenses of lack of personal jurisdiction and forum non-convenience and agree that process may be served in a manner authorized by applicable law or court rule. Notwithstanding the foregoing, we may seek injunctive relief in any court of competent jurisdiction. 

1. GENERAL INFORMATION

Entire Agreement. The ToU constitutes the entire agreement between you and us with respect to the Services and supersedes any prior agreements, oral or written, between you and us.

Waiver and Severability of Terms. Our failure to exercise or enforce any right or provision of the ToU shall not constitute a waiver of such right or provision. If any provision of the ToU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the ToU remain in full force and effect.

Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Services or the ToU must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Section Titles. The section titles in the ToU are for convenience only and have no legal or contractual effect.

1. VIOLATIONS

Please report any violations of the ToU to support@familyfresh.app