1.1 BeeBonBox (hereinafter — the “Developer”, “we”) develops and publishes mobile applications (“Applications”), including games and non-game applications (such as a blood pressure diary), available for download in application stores, and provides services related to the Applications.
1.2 The Applications are offered exclusively to natural persons concluding a transaction for purposes which are predominantly not related to their commercial or professional activity.
1.3 All Applications are provided exclusively on the basis of these Terms. Any general terms and conditions of the user shall not form part of the agreement.
1.4 These Terms are available on the store listing page of each Application (e.g., Google Play or Apple App Store). Where technically feasible and appropriate, they may also be made available within the Application itself.
2.1 The user confirms full legal capacity and, in the case of restricted legal capacity, the consent of their legal guardian.
2.2 The contract for the use of the Application is concluded by downloading the Application from the respective application store. The contract is concluded for an indefinite period and may be terminated by either party at any time with four weeks’ notice.
2.3 Additional paid content (premium content) is purchased voluntarily. If premium content has a defined duration, ordinary termination during this period is excluded.
2.4 The Developer continuously updates, changes, and adds content to the Applications at its own discretion.
2.5 In the event of ordinary termination, no reimbursement of paid fees shall take place.
2.6 The user may not transfer this agreement to third parties. In the event of a breach of this provision, the Developer shall be entitled to terminate the agreement without notice, including agreements on premium content. A refund in such event is excluded.
2.7 The statutory right to extraordinary termination for good cause shall not be affected.
3.1 When using the Application, the Developer may store progress and purchased content. For details, please refer to the Privacy Policy.
3.2 The user must select secure access credentials and not make such data available to third parties. The Developer is not responsible for any damage resulting from the breach of this duty. In the event of suspected abuse, the Developer shall be entitled to temporarily block access.
3.3 If the user can select a username, it must not violate applicable laws and/or these Terms. The Developer shall be entitled to change the name in the event of a breach.
4.1 The contract for premium content shall only be concluded if the user clicks the “Pay” or “Order for a fee” button in the Application’s shop area. The contract shall be accepted by the Developer (or on its behalf by the respective application store) by sending an order confirmation or by actually providing the respective premium content. The fee shall be payable in advance.
4.2 A refund after the purchase of premium content can only be made within the scope of statutory consumer rights or the statutory right of revocation.
4.3 The prices displayed via the respective application stores shall apply in each case. Payments will be processed via the respective application stores. The terms of the application stores shall take precedence.
4.4 Virtual currencies (“Premium Points”) do not represent real money. They may only be converted back into real money if the operation of the Application as a whole is permanently discontinued.
4.5 The user shall be responsible for cancellations or chargebacks which the user itself has caused. The Developer shall be entitled to collect the costs arising therefrom together with the original fee.
4.6 If the user defaults on payment, the Developer may block access to the Application and demand the default interest stipulated by law.
4.7 The Developer may offer new premium content, change existing premium content, and discontinue premium content. Permanent premium content already purchased, which is removed from the Application, may in this case be used within a transitional period or exchanged for new premium content.
4.8 All claims of the user with respect to the premium content shall be asserted against the Developer (and not against the application stores).
5.1 Certain features of the Applications might be available through a subscription. If you order a subscription, you must ensure that all the information you submit is true and accurate and that you have appropriate parental or guardian consent if you are under 18 years of age.
5.2 The user can manage subscriptions and turn off auto-renewals in the respective device’s account settings.
5.3 The Developer reserves the right to alter the amount and/or terms of the subscription fees at any time.
5.4 Additional information on payment and use of subscriptions can be found in the terms of the respective platform:
5.5 If the user chooses to purchase the monthly subscription offer, the displayed monthly amount will be charged after confirming the purchase. It will auto-renew unless canceled at least 24 hours before the end of each 30-day period (“Monthly Subscription Period”).
5.6 If the user chooses to purchase the weekly subscription offer, the displayed weekly amount will be charged after confirming the purchase. It will auto-renew unless canceled at least 24 hours before the end of each 7-day period (“Weekly Subscription Period”).
5.7 For selected subscription offers, a trial period may be included. It will automatically be converted into a paid subscription unless canceled at least 24 hours before the end of the Free Trial Period.
5.8 A Free Trial Period can only be claimed once by each user.
6.1 When using the Applications, the user may not use any software or other routines that could interfere with the systems of the Developer or other users, including actions that could lead to an unreasonable overloading of the systems. The use of special software, particularly for systematic or automatic control of Applications, is prohibited.
6.2 The user may not use any software or exploit any programming errors that lead or could lead to obtaining premium content without having concluded a premium agreement. In the event of unjustified acquisition of premium content, the Developer may delete or deactivate the unjustified premium content.
6.3 The user may not use any software that enables “data mining” or otherwise collects information in connection with the Applications.
6.4 The user may not use, buy for real money (except through the application stores), sell, trade, or attempt to use Premium Content outside the Application.
6.5 When using any communication functions within the Applications, the user must comply with all applicable laws and must not infringe the rights of third parties. Users may not publish harassing, threatening, disturbing, insulting or defamatory, discriminatory, political, immoral, pornographic, offensive, violent, sexist, extremist content or content that violates laws, particularly laws for the protection of minors.
6.6 The Developer shall be entitled to delete content that violates applicable law and/or these Terms.
6.7 The user may only use the Applications for private purposes, unless the Developer has given its express prior written consent to any other use.
6.8 Any breach of these Terms may lead to termination for good cause. The Developer may impose sanctions of any kind, including a temporary or permanent ban.
6.9 Users shall be obligated to regularly back up all their data on the devices on which they use the Applications.
7.1 The Developer grants the user a non-exclusive, non-transferable and non-sublicensable right of use for private use with respect to the respective Application for the duration of the contract. Reproduction, distribution, public performance, decompilation, disassembly and reverse engineering shall be prohibited, unless expressly permitted by law.
7.2 If the user sends the Developer feedback, suggestions and/or ideas (“Feedback”), the Developer may use such Feedback free of charge, permanently, without territorial limitation, and with the right to transfer and sublicense. The user waives all possible copyrights in connection with the use of the Feedback.
7.3 The user shall indemnify the Developer against all claims, including damage compensation claims, asserted by third parties due to an infringement of their rights by the user’s conduct or the content posted, including reasonable costs of legal defence.
8.1 Insofar as the Developer provides services free of charge, no warranty claims shall exist and the Developer shall only be liable for intentional and gross negligence; the Developer shall only be liable for defects if it has fraudulently concealed them.
8.2 The Developer reserves the right to update, modify and develop its Applications and Services on an ongoing basis at its sole discretion, as well as to discontinue the operation of an Application for economic and/or technical reasons.
8.3 If services are rendered in return for payment, the warranty claims of the user shall be governed by the provisions of law, unless stipulated otherwise in this Section.
8.3.1 The Developer does not guarantee the error-free provision of its Applications or Services. It is recommended to always install the latest version of the Application.
8.3.2 The statutory liability of the Developer for damage compensation and reimbursement of futile expenses shall be unrestricted only in the event of intentional action or gross negligence, in the event of negligent or intentional injury to life, limb or health, due to the assumption of a guarantee, and due to mandatory liability under the Product Liability Act.
8.3.3 In events other than those referred to in Section 8.3.2, the Developer shall only be liable for minor negligence in the event of a breach of a material contractual duty. Otherwise, the Developer shall not be liable for minor negligence.
8.3.4 The damage compensation for the minor negligent breach of material contractual duties shall be limited to the foreseeable damage typical in contracts.
8.4 To the extent the Developer is liable for data loss, the amount of such liability shall also be limited to the costs that would have been necessary to restore the data if the user had made reasonable regular data backups.
9.1 The Developer is a natural person. To receive payments from application stores, the Developer may engage a third party (a resident of Brazil) as the recipient of payments. This does not affect users’ rights under these Terms.
9.2 All payment-related matters are resolved through the respective application store.
10.1 The Developer reserves the right to amend these Terms in accordance with this Section.
10.2 The Developer shall notify you in writing (e.g. by message within the Application or by e-mail) at least four weeks in advance of any changes for necessary reasons, e.g. expansion of services, changes to the Applications, amendments to laws. These Terms shall then be deemed approved if the user does not object in writing or in text form within four weeks of receiving this information. The time limit for objection and the consequences of silence shall be indicated separately in the notice.
10.3 Changes other than those mentioned in Section 10.2 shall require the user’s consent, which can be requested at the start of the next Application.
10.4 If there is an objection or no consent given, the user shall retain the right to use the current version of the Application. However, the Developer may make the use of an extended version of the Application subject to approval of the modification of these Terms.
11.1 These Terms shall be governed by the laws of the Russian Federation. If the user is resident in another member state of the EU, this choice of law shall not result in the mandatory consumer protection regulations of his or her home country being rescinded.
11.2 For disputes with the user, the statutory place of jurisdiction shall apply, provided the user has a general place of jurisdiction in Russia. If the user has moved his or her domicile from Russia after concluding the contract or if his or her domicile is not known at the time the action is filed, jurisdiction shall be determined in accordance with the laws of the Russian Federation.
For all questions: beebonbox@gmail.com