Terms of Use

Before you start using Bubu

Read these Terms. We will rely on these Terms when dealing with you. If you have any questions, you can contact us, see the section Questions, complaints, and comments.

These Terms of Use help define Bubu's relationship with you as you interact with our services. For example, these Terms include the following topic headings:

• What we expect from you, which establishes certain rules for using our services
• Subscription and billing terms, which include cancellation, subscriptions, refunds, fees, and other charges
• What you can expect from us, which describes how we provide and develop our services
• In case of problems or disagreements, which describe how these issues should be resolved

Besides these terms, we also publish a Privacy Policy. We encourage you to read it to better understand how you can update, manage, export, and delete your information.

Understanding these terms is important, and to use our services you must accept them

Introduction

Please read the Terms of Use carefully. This Agreement is a legally binding contract between you and BubuApp S.L, seated at Padilla 300, 08025 Barcelona Spain. Access to and use of Bubu's products and services is expressly conditioned upon acceptance of this Agreement. If you do not agree to these Terms, you will not be able to access Bubu or its products or services.

By creating an account or accessing or using the App, you acknowledge that you accept and agree to be bound by the terms of this Agreement.

02 Who are we?

We are BubuApp S.L. ("Bubu,", "Bubu AI", "BubuApp", "we," "us," or "our"). We have developed software and personal services that aim to increase or improve your child's development and wellness (including but not limited to helping children sleep better and longer). Bubu websites, including www.bubuapp.ai and www.bubuapp.es, and our applications on mobile phones, or tablets are copyrighted materials belonging to Bubu. The website, the applications, and as well as any personal services provided by Bubu, its affiliates, agents, or third-party service provider partners are referred to collectively as the "Products" in this document.

Your use of the Products is subject to the terms and conditions set forth below (these "Terms of Use").

THESE TERMS OF USE CONTAIN VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS, OBLIGATIONS, LIMITATIONS, AND EXCLUSIONS THAT MAY APPLY TO YOU, INCLUDING A CHOICE OF LAW PROVISION, AND A FORUM SELECTION CLAUSE.

To access and use certain features of the Products you may be required to agree to certain additional terms and conditions and to register for those features. All such additional terms and conditions are hereby made a part of these Terms of Use. In the event of any conflict or inconsistency between these Terms of Use and any additional terms and conditions, the additional terms and conditions will control but solely concerning the subject matter thereof.

1. Account

In order to access and use our Products, you must have an account ("Account") that contains certain information about you. You represent and warrant that (a) all required information you submit is truthful and accurate; and (b) you will maintain the accuracy of such information. You may delete your Account at any time, for any reason, by following the instructions in the Product or contacting us at support@bubuapp.ai. We may suspend or terminate your Account in accordance with Section 18 (Termination). You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify us of any unauthorized use, or suspected unauthorized use, of your Account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to comply with these requirements.

2. Fees

A. We provide access to certain features in our Products on a paid basis (each, a "Paid Offering"). Upon using any Paid Offering, you will be responsible for the payment of the applicable fees as described in our Products. You acknowledge that we reserve the right to change our fees from time to time. We will notify you of such changes by posting a notice on our Products or sending you an email notice to the email address you provided for your Account. You hereby authorize us to bill your credit card or other payment method as described in this Section.

B. Free Trial. We may offer a free trial of the Paid Offerings, the duration of which may change from time to time. You will not be charged for the Paid Offerings during the trial period nor will we collect your payment information or start a subscription for you automatically after your free trial period ends without consent. Unless communicated otherwise, free trials are only available to new users of Bubu and you may receive your free trial offer only once. Once the trial period ends, you can continue to use the Products for free but will no longer have access to the Paid Offerings unless you pay for the products. If you subscribe to a Paid Offering before your free trial period ends, your subscription will start immediately and your free trial will end.

3. Payment Responsibilities

3.1. You may use the Products only if you are at least 18 years old or the legal age of majority in your province, territory, or country. By using the Products, you represent and warrant that you are at least 18 years old or the legal age of majority in your province, territory, or country. If you are under 18 years old or the legal age of majority in your province, territory, or country, you may not use the Products.

3.2. You may not use the Products if you are a convicted sex offender or if you are prohibited from receiving the Products under applicable law.

3.3. You may not use the Products if you have previously been banned from using the Products or if your account has been terminated for violations of these Terms of Use.

3.4. You may not use the Products for any illegal or unauthorized purpose. You agree to comply with all laws, rules, and regulations (for example, federal, state, local, and provincial) applicable to your use of the Products and your Content (defined below), including but not limited to, copyright laws.

3.5. You must provide accurate information when you create your account and keep your account information updated.

3.6. You are responsible for keeping your password secret and secure.

3.7. You may not solicit, collect, or use the login credentials of other Bubu users.

3.8. You are responsible for any activity that occurs through your account and you agree that you will not sell, transfer, license, or assign your account, followers, username, or any account rights. Bubu prohibits the creation of, and you agree that you will not create, an account for anyone other than yourself. You also represent that all information you provide or provided to Bubu upon registration and at all other times will be true, accurate, current, and complete, and you agree to update your information as necessary to maintain its truth and accuracy.

3.9. You agree that you will not post private or confidential information or do anything that violates someone else's rights, including intellectual property rights (e.g., copyright infringement, trademark infringement, counterfeit, or pirated goods).

3.10. You agree that you will not use the Products to upload, post, email, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.

4. Authorized Providers

Notwithstanding anything to the contrary in these Terms of Use, if you receive access to our Products from a provider authorized by Bubu (the "Provider"), you acknowledge that any warranty made by the Provider regarding our Products or any services provided by us are solely that of the Provider and not Bubu and that your remedies with respect to any issues you may have regarding such warranties will lie solely with the Provider and as such, you must contact the Provider. You agree that Bubu may suspend or terminate your Account or your right to receive our Products at the Provider's instructions, including any instruction based on your failure to pay the Provider any amounts owed by you to the Provider.

5. Proprietary Rights

A. Products and Site Content; Ownership; and License. Bubu owns and provides the Products. The content and information available on the Products (the "Site Content") including data created as you use the Products ("Product Data") and user feedback ("Feedback") but excluding any content submitted by users of the Products ("User Content"), is owned by Bubu and its licensors. Subject to these Terms of Use, Bubu grants you a limited license to: (i) access and use the Products solely for your personal, non-commercial purposes; and (ii) view the Site Content solely for your personal, non-commercial purposes. You may not: (i) reproduce, modify, display, publicly perform, distribute, create derivative works of, or otherwise use the Products or Site Content for any purpose other than as described in these Terms of Use; (ii) reverse engineer, decompile, or disassemble the Products or Site Content; (iii) remove any copyright, trademark, or other proprietary notices from the Products or Site Content; or "frame" or "mirror" any part of our Products or Site Content without prior written consent from Bubu. Any unauthorized use, reproduction, modification, distribution, display, or performance of the Products or any Site Content is strictly prohibited. You shall not disassemble, reverse compile, or reverse engineer any part of the Products or Site Content. Bubu and its licensors reserve all rights not granted in these Terms of Use.

B. Product Data; Ownership; and License. The information that is created when you sign up to use our Products; for example, data regarding your child's sleep, the information you provide to us in questionnaires or data generated by your use of or progress in the Products (collectively, "Product Data"); is owned by Bubu and its licensors.

C. Feedback; Ownership; and License. If you provide any comments, testimonials, feedback, or suggestions to Bubu regarding the Products, or any of Bubu's services (collectively, "Feedback"), Bubu may use such Feedback for any purpose. So that we may incorporate such Feedback into Bubu's Products and/or Bubu's services, Bubu alone will own all rights, title, and interest, including all related intellectual property rights, in and to all such Feedback, and you hereby assign all such rights to Bubu.

D. User Content; Ownership; and License. User Content refers to any publicly available content that you submit to us, such as a profile photo or comments in the community. User Content does not include Product Data. We do not claim ownership of any of your User Content. You hereby grant us a worldwide, perpetual, irrevocable, non-exclusive, fully paid, and royalty-free license, with the right to sublicense through multiple levels, to store, reproduce, perform, display, transmit, distribute, create derivative works of, and otherwise use your User Content in connection with providing our Products. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content. You should only upload your User Content to our Products (a) for which you are willing to grant the licenses described above and (b) for which you have sufficient rights to grant the licenses described above.

E. No Implied Licenses. There are no implied licenses granted in these Terms of Use.

6. Apple App Store; Google Play Store Terms and Conditions

You acknowledge and agree that the availability of the Products as native applications on mobile phones and tablets is dependent on the third party from which you received the Products ("App Store"), e.g., the Apple App Store or Google Play Store. You acknowledge that these Terms of Use are between you and Bubu and not with the App Store. Each App Store may have its own terms and conditions to which you must agree before downloading the Products from it. You agree to comply with, and your license to use the Products is conditioned upon your compliance with, all applicable terms and conditions of the applicable App Store. The following additional terms and conditions apply to you if you are using Products from the Apple App Store. To the extent the other Terms of Use are less restrictive than, or otherwise conflict with, the terms and conditions of this Section 5, the more restrictive or conflicting terms and conditions in this Section 5 apply, but solely concerning Products from the Apple App Store.

A. Acknowledgement: Bubu and you acknowledge that Terms of Use are concluded between Bubu and you only, and not with Apple, and Bubu, not Apple, is solely responsible for the Products and the content thereof. To the extent these Terms of Use provide for usage rules for the Products that are less restrictive than the Usage Rules set forth for the Products in, or otherwise is in conflict with, the Apple App Store Terms of Service, the more restrictive or conflicting Apple term applies.

B. Scope of License: The license granted to you for the Products is limited to a non-transferable license to use the Products on an iOS product that you own or control and as permitted by the Usage Rules set forth in the Apple App Store Terms of Service.

C. Maintenance and Support: Bubu is solely responsible for providing any maintenance and support services with respect to the Products, as specified in these Terms of Use (if any), or as required under applicable law. Bubu and you acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Products. Bubu may choose to terminate the compatibility of its Products at any time with older operating systems of Apple or Google but will provide notice to you by either of the means noted above (email or posting revised terms on our Products).

D. Warranty: Bubu is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Products to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Products to you; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Products, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Bubu's sole responsibility.

E. Product Claims: Bubu and you acknowledge that Bubu, not Apple, is responsible for addressing any claims of you or any third party relating to the Products or your possession and/or use of the Products, including, but not limited to: (i) product liability claims; (ii) any claim that the Products fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. These Terms of Use do not limit Bubu's liability to you beyond what is permitted by applicable law.

F. Intellectual Property Rights: Bubu and you acknowledge that, in the event of any third party claim that the Products or your possession and use of the Products infringes that third party's intellectual property rights, as between Bubu and Apple, Bubu, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.

G. Legal Compliance: You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

H. Developer Name and Address: Bubu's contact information for any end-user questions, complaints, or claims with respect to the Products is set forth in 26 (Contact Information).

I. Third-Party Terms of Agreement: You must comply with applicable third-party terms of agreement when using the Products.

J. Third Party Beneficiary: Bubu and you acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of these Terms of Use, and that, upon your acceptance of the terms and conditions of these Terms of Use Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as a third party beneficiary thereof.

7. Acceptable Use and Conduct

You are solely responsible for your User Content. You assume all risks associated with the use of your User Content, including any reliance on its accuracy, completeness, or usefulness by others, or any disclosure of your User Content that makes you or any third party personally identifiable. You agree that you will use the Products in a manner consistent with any and all applicable laws and regulations.

A. Prohibited Content. You agree that you will not post, exchange, make available, provide, or process any Prohibited Content on the Products. "Prohibited Content" means content that: (a) we believe, in our sole discretion, is objectionable, offensive, harmful (i.e., computer viruses) or unlawful, or content that may cause harm to us, our Products, and other users, directly or indirectly.

B. Breach. Any use of our Products in violation of these Terms of Use may result in, among other things, immediate suspension or termination of your Account and/or suspension or termination of your rights to use our Products. All suspension decisions are made at our sole discretion and may be made without prior notice to you. In order to cooperate with legitimate governmental requests, subpoenas, or court orders, to protect our systems, affiliates, service providers, partners, and other users, or to ensure the integrity and operation of our business and systems, we may access and disclose any information or content we consider necessary or appropriate, including your Account information (i.e. name, email address, etc.), IP address and traffic information, usage history, and your User Content. All such disclosures shall be made in compliance with our Privacy Policy, which can be found at bubuapp.ai/privacy.

C. Enforcement by Us. We have the right (but not the obligation) to review any or all portions of your User Content and delete (or modify) any of your User Content from our Products for any reason, including if we believe, in our sole discretion, your User Content violates these Terms of Use or is Prohibited Content, or may otherwise threaten the safety of, or harm any other person, or create liability for us or any other person. We reserve the right (but have no obligation) to investigate and take appropriate action, including removing the Prohibited Content from our Products (or modifying it), suspending or terminating your Account and/or suspending or terminating the provision of our Products, and reporting you to law enforcement authorities, in our sole discretion, if you violate this provision or any other provision of these Terms of Use.

D. No Disruption. You will not: (a) cover or obscure any advertisements on any web page that is part of our Products via HTML/CSS, scripting, or any other means; (b) harvest, collect, gather, or assemble information or data regarding other users, including email addresses, without their consent; (c) interfere with, disrupt, or create an undue burden on servers or networks connected to the Products or violate the regulations, policies or procedures of such networks; (d) attempt to gain unauthorized access to the Products or other computer systems or networks connected to or used together with the Products, through password mining or other means; (e) harass or interfere with another user's use and enjoyment of the Products; or (f) introduce software or automated agents or scripts to the Products to produce multiple accounts, generate automated searches, requests and queries, or to strip, scrape, or mine data from the Products.

8. Public Areas and Group Areas

"Public Areas" are those areas of our Products such as chat rooms or forums, message boards, bulletin boards, news groups, and pages that include testimonials, to which you may send communications that are publicly available to anyone who may have access to that public area. A "Group Area" is an area of our Products that may be accessed only by the invited members of a group who are logged into their Accounts. A "Friend Network" is a social network made up of you and your "friends" who use the Products. You should be careful about your communications in Public Areas because these communications disclose to the public your Account username and any personally identifiable information you choose to disclose. Similarly, you should be careful about your communications in Group Areas because these communications disclose to the other members of the group your Account username and any personally identifiable information you choose to disclose. You should also be careful about whom you include as part of your Friend Network because they will have access to certain aspects of your user profile, including your Account username, certain of your activities and achievements on the Products, and any content you post to your Friend Network, including any personally identifiable information you choose to disclose. Any information you include in any public profile, such as your message board profile, is also available to others. You (and not Bubu) are solely responsible for your communications and the consequences of posting these communications to any Public Area, Group Area, and/or Friend Network.

9. Third Party Sites; Other Users and Third Party Referrals

A. Third-Party Sites. The Products may contain links to other websites or services operated by third parties or advertisements for third parties (collectively, "Third Party Sites"). Third Party Sites are not under our control and, therefore, we are not responsible for the content of any Third Party Site or any link contained in a Third Party Site. Bubu provides these links only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations concerning Third Party Sites. If you decide to access or use any of the Third Party Sites linked to the Products, you do this entirely at your own risk. Third-party sites are not subject to these Terms of Use or the Bubu Privacy Policy but are subject to their own terms and policies, including those relating to privacy, tracking, and data-gathering practices.

B. Other Users. Each user of the Products is solely responsible for any and all of his or her User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content and we make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content, and we assume no responsibility for any User Content. Your interactions with other users of our Products are solely between you and such users. You agree that Bubu will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any user, we are under no obligation to become involved.

C. Third Party Referrals. We may provide referrals to you of third-party services that we believe may be beneficial to you or your child ("Third Party Referrals"). Third Party Referrals are not under our control and, therefore, we are not responsible for any services they may provide. Bubu provides these referrals only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Referrals. If you decide to contact or work with any Third Party Referral, you do this entirely at your own risk.

D. Release. You hereby release and forever discharge us (and our officers, directors, employees, agents, successors, and assigns) from, and hereby waive and relinquish, every past, present, and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, any interactions with, or act or omission of, other users of our Products, Third Party Sites or Third Party Referrals.

10. No Medical Advice

The Products, Site Content, User Content, and your Product Data are for informational purposes only and are not intended to substitute for professional medical advice, diagnosis, or treatment. You should seek the advice of a physician or other qualified health provider with whom you have such a relationship if you have questions regarding any medical condition or if you or your child are experiencing any symptoms of or believe you may have any medical condition, regardless of any information contained within the Products, Site Content, User Content, or your Product Data. You should not ignore professional medical advice or delay in seeking it because of any information contained within the Products, Site Content, User Content, or your Product Data. Furthermore, you should not interpret any information contained within the Products, Site Content, User Content, or your Product Data as recommending any specific treatment plan, product, or course of action. You should always consult your physician or other qualified health provider before starting any new treatment or stopping any treatment that has been prescribed for you by your physician or other qualified health provider. If you believe you or your child are experiencing any negative effects or illness from using the Products, you should immediately stop such use and contact your physician or other qualified health provider as well as Bubu at the address specified below. We do not guarantee the accuracy, completeness, or timeliness of any information contained within the Products, Site Content, User Content, or your Product Data.

11. Backups

We are not obligated to back up any of your User Content or your Product Data. You are solely responsible for creating backup copies of and replacing any of your User Content that you post or store on our Products.

12. Copyright Policy

Bubu respects the intellectual property of others and asks that users of our Products do the same. In connection with our Products, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our Products who are repeat infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of our Products, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification must be provided to our Designated Copyright Agent:

A. your physical or electronic signature;

B. identification of the copyrighted work(s) that you claim to have been infringed;

C. identification of the material on our Products that you claim is infringing and that you request us to remove;

D. sufficient information to permit us to locate such material;

E. your address, telephone number, and email address;

F. a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and

G. a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.

H. Please note that any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs, and attorney's fees incurred by us in connection with the written notification and allegation of copyright infringement.

13. Trademarks

All trademarks, logos, and service marks (collectively, "Marks") displayed on the Products are Bubu's property or the property of other third parties. You are not permitted to use these Marks without Bubu's prior written consent or the consent of the third party that owns the Marks.

14. Privacy

Bubu may collect certain personal information from you in connection with your use of the Products. The collection, use, and sharing of such personal information is governed by the Bubu Privacy Policy www.bubuapp.ai/privacy.

15. WARRANTY DISCLAIMER

BUBU IS PROVIDING THE PRODUCTS AND ANY SERVICES PROVIDED BY BUBU HEREUNDER ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR USE AT YOUR OWN RISK. BUBU (AND ITS SUPPLIERS) DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY WARRANTIES OF TITLE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND QUIET ENJOYMENT. BUBU DOES NOT PROMISE, GUARANTEE, OR WARRANT ANY SPECIFIC RESULTS FROM YOUR USE OF THE PRODUCTS. BUBU (AND ITS SUPPLIERS) DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE SITE CONTENT OR THAT THE PRODUCTS OR ANY SERVICES PROVIDED BY BUBU HEREUNDER WILL BE PROVIDED FREE OF VIRUSES OR OTHER HARMFUL CODE, UNINTERRUPTED, OR ERROR-FREE OR THAT ALL ERRORS WILL BE CORRECTED. THE SITE CONTENT IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER BUBU NOR ITS LICENSORS OR SUPPLIERS ARE ENGAGED IN RENDERING MEDICAL, LEGAL, OR OTHER PROFESSIONAL SERVICES OR ADVICE. THE SITE CONTENT IS INTENDED SOLELY FOR YOUR INFORMATIONAL PURPOSES AND IS NOT INTENDED AS MEDICAL ADVICE, OR TO BE USED FOR MEDICAL DIAGNOSIS OR TREATMENT, FOR ANY PROBLEM. IT IS ALSO NOT INTENDED AS A SUBSTITUTE FOR PROFESSIONAL ADVICE AND SERVICES FROM A QUALIFIED HEALTHCARE PROVIDER FAMILIAR WITH YOUR OR YOUR CHILD'S UNIQUE FACTS.

16. LIMITATION OF LIABILITY

IN NO EVENT SHALL BUBU BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THESE TERMS OF USE, THE PRODUCTS OR ANY SERVICE PROVIDED BY BUBU HEREUNDER, INCLUDING ANY DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT BUBU HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ON ANY THEORY OF LIABILITY. BUBU'S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OF USE, THE PRODUCTS OR ANY SERVICE PROVIDED BY BUBU HEREUNDER, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED THE GREATER OF THE AMOUNTS PAID BY YOU TO BUBU IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM OR ONE HUNDRED DOLLARS (€100). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU ACKNOWLEDGE THAT OUR SUPPLIERS AND LICENSORS WILL HAVE NO LIABILITY UNDER THESE TERMS OF USE.

17. Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so those specific limitations that are not allowed in Sections 14 (Warranty Disclaimer) and/or 15 (Limitation of Liability) above, as applicable, may not apply to you. The duration of any such warranty that may not be excluded is limited to a period of thirty (30) days after your first use of our Products, or, if such limitation on duration is not permitted under applicable law, to the minimum period permitted under applicable law.

18. Indemnification

You agree to indemnify and hold Bubu and its directors, officers, employees, agents, successors, and assigns (collectively, the "Indemnified Parties") harmless from and against any claim, liability, loss, injury, damage, cost, or expense (including attorneys' fees) incurred by Bubu or any Indemnified Party arising out of or relating to your: (a) use of the Products; (b) your User Content; (c) your violation or breach of any provision in these Terms of Use or your violation of any rights of a third party; or (d) your violation of applicable laws or regulations.

19. Termination

These Terms of Use shall remain in full force and effect for any period of time in which you are a user. You may terminate your Account at any time and for any reason by providing notice of termination to us by sending an email to support@bubuapp.ai. We may suspend or terminate your Account and/or suspend or terminate providing our Products to you (a) immediately, if we, in our sole discretion, believe that you are in breach of these Terms of Use; (b) at any time, if we decide, in our sole discretion, to stop providing the applicable Product by sending an email to you at the email address that you have provided for your Account or posting a notice on our Products; or (c) for any or no reason, by sending an email to you at the email address that you have provided for your Account. If you terminate your Account, we have no obligation to refund you any fees. If we terminate your Account without cause, we will refund you a pro rata portion of any fees that you have paid for the unused portion of the applicable subscription period(s). You understand that any termination of these Terms of Use and/or your Account may involve deletion from our databases of the information you provided in connection with your Account. We will have no liability whatsoever to you for any suspension or termination of your Account or any suspension or termination of our Products, or any deletion of any information you have provided to us. We may modify our Products at any time, for any reason, in our sole discretion. The following Sections will survive any termination of these Terms of Use: 2 (to the extent any amounts are owed by you as of the termination of these Terms of Use), 3, 4A (but not the license granted therein to you), 4B, 4C, 4E, 6 through 11, and 12 through 24.

20. Amendment

These Terms of Use may be amended by Bubu from time to time. If we make material changes to these Terms of Use, we may notify you by posting the revised Terms of Use on our Products or notifying you at your primary email address (if any, as specified in your Account information). You are responsible at all times for updating your Account to provide us with your most current email address. If the last email address that you have provided to us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the email containing such notice will nonetheless constitute effective notice of the changes described in the notice. Any changes to these Terms of Use will be effective immediately for new users of our Products; otherwise, these changes will be effective upon the earlier of five (5) calendar days following our dispatch of an email notice to you or five (5) calendar days following our posting of a notice on our Products. Your continued use of our Products five (5) calendar days after the changes are first notified by Bubu as described above will constitute your agreement to such changes. If you object to any change, your sole recourse shall be to immediately terminate your Account and cease using the Products. Except as otherwise provided in Section 19, no amendment to these Terms of Use will be valid.

21. Intended Audience

Our Products are maintained by Bubu from its offices in Spain. Bubu makes no representation that the materials in our Products are appropriate or available for use in other locations. Those who choose to access our Products from other locations do so on their own initiative and are responsible for compliance with local or national laws, as applicable. The software, technology, and other information from our Products are further subject to Spain export controls and, potentially, the import laws of your jurisdiction. No software, technology, or other information from our Products may be downloaded or otherwise exported or re-exported to any person or entity on the Spanish Treasury Department's list of Specially Designated Nationals or the Spanish Commerce Department's Table of Denial Orders or otherwise prohibited by Spain export control laws. By accessing or using any software, technology, or other information from our Products in any manner whatsoever, you represent and warrant that you are not on any such list or located in, under the control of, or a national or resident of any such country.

22. General Provisions

Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. If any provision in these Terms of Use is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms of Use will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect. The word "including" means including without limitation. These Terms of Use, and any other additional terms located on particular pages of our Products, constitute the entire agreement between you and Bubu regarding the use of the Products.

23. International Users

These Terms of Use were written in English (US). To the extent that any translated version of this agreement conflicts with the English version, the English version controls. The Products are located in Spain. If you choose to use the Products or other services from the U.S. or other regions of the world with laws governing data collection and use that may differ from the European Union law, then please note that you are transferring your Personal Information (as defined in the Privacy Policy at www.bubuapp.ai/privacy) to Spain and by providing your Personal Information you consent to (a) such transfer, and (b) the application of the laws of Spain and/or the State of Catalonia for any dispute arising from or related to these Terms of Use (except for any dispute arising out of your use of a Third Party Company's websites or services, which shall be governed by the applicable Third Party Company's terms of use and/or privacy policy), other than such rules, regulations, case law, and/or international treaties that would result in the application of the laws of a jurisdiction other than Spain or the State of Catalonia.

24. Governing Law

These Terms of Use, and any claim, dispute, or controversy of any nature arising out of or relating to these Terms of Use, shall be governed by and construed solely and exclusively in accordance with the laws of the State of Catalonia, Spain without giving effect to any law that would result in the application of the law of another jurisdiction. You expressly agree and consent to the exclusive jurisdiction and venue of the state and courts of the State of Catalonia, for the resolution of any such dispute.

25. Referral Program

Bubu may make referral programs with different features to any Users or prospective Users. Your participation in the referral program is subject to these Terms of Use and the additional Referral Program rules.

25. Contact Information

If you have any questions about these Terms of Use, please contact us by email at support@bubuapp.ai or by writing to us at BubuApp S.L., Padilla 300 08025 Barcelona Spain, in each case marking the message "Attention: Terms of Use".