Basic Terms and Conditions of ”Bobi”

May 24, 2023

Basic terms and conditions

These terms and conditions (“Agreement”) set forth the general terms and

conditions of your use of the “Bobi” mobile application (“Mobile Application” or

“Service”) and any of its related products and services (collectively, “Services”).

This Agreement is legally binding between you (“User”, “you” or “your”) and

Bobi (“Bobi”, “we”, “us” or “our”). If you are entering into this agreement

on behalf of a business or other legal entity, you represent that you have the

authority to bind such entity to this agreement, in which case the terms “User”,

“you” or “your” shall refer to such entity. If you do not have such authority, or

if you do not agree with the terms of this agreement, you must not accept this

agreement and may not access and use the Mobile Application and Services.

By accessing and using the Mobile Application and Services, you acknowledge

that you have read, understood, and agree to be bound by the terms of this

Agreement. You acknowledge that this Agreement is a contract between you

and Bobi, even though it is electronic and is not physically signed by you, and

it governs your use of the Mobile Application and Services.

Contents

1 Accounts and membership 4

2 User content 4

3 Backups 4

4 Links to other resources 5

5 Prohibited uses 5

6 Intellectual property rights 5

7 Limitation of liability 6

8 Indemniﬁcation 6

9 Severability 7

10 Dispute resolution 7

11 Changes and amendments 7

12 Acceptance of these terms 7

13 Contacting us 8

1 Accounts and membership

You must be at least 16 years of age to use the Mobile Application and Services.

By using the Mobile Application and Services and by agreeing to this Agreement

you warrant and represent that you are at least 16 years of age.

If you create an account in the Mobile Application, you are responsible for

maintaining the security of your account and you are fully responsible for all

activities that occur under the account and any other actions taken in connection

with it. We may monitor and review new accounts before you may sign in and

start using the Services. Providing false contact information of any kind may

result in the termination of your account. You must immediately notify us of

any unauthorized uses of your account or any other breaches of security. We

will not be liable for any acts or omissions by you, including any damages of any

kind incurred as a result of such acts or omissions. We may suspend, disable,

or delete your account (or any part thereof) if we determine that you have

violated any provision of this Agreement or that your conduct or content would

tend to damage our reputation and goodwill. If we delete your account for the

foregoing reasons, you may not re-register for our Services. We may block your

email address and Internet protocol address to prevent further registration.

2 User content

We do not own any data, information or material (collectively, “Content”) that

you submit in the Mobile Application in the course of using the Service. You

shall have sole responsibility for the accuracy, quality, integrity, legality, relia-

bility, appropriateness, and intellectual property ownership or right to use of all

submitted Content. We may, but have no obligation to, monitor and review the

Content in the Mobile Application submitted or created using our Services by

you. You grant us permission to access, copy, distribute, store, transmit, refor-

mat, display and perform the Content of your user account solely as required

for the purpose of providing the Services to you. Without limiting any of those

representations or warranties, we have the right, though not the obligation, to,

in our own sole discretion, refuse or remove any Content that, in our reasonable

opinion, violates any of our policies or is in any way harmful or objectionable.

Unless speciﬁcally permitted by you, your use of the Mobile Application and

Services does not grant us the license to use, reproduce, adapt, modify, pub-

lish or distribute the Content created by you or stored in your user account for

commercial, marketing or any similar purpose.

3 Backups

We are not responsible for the Content residing in the Mobile Application. In

no event shall we be held liable for any loss of any Content. It is your sole re-

sponsibility to maintain appropriate backup of your Content. Notwithstanding

the foregoing, on some occasions and in certain circumstances, with absolutely

no obligation, we may be able to restore some or all of your data that has been

deleted as of a certain date and time when we may have backed up data for our

own purposes. We make no guarantee that the data you need will be available.

4 Links to other resources

Although the Mobile Application and Services may link to other resources (such

as websites, mobile applications, etc.), we are not, directly or indirectly, imply-

ing any approval, association, sponsorship, endorsement, or aﬃliation with any

linked resource, unless speciﬁcally stated herein. We are not responsible for

examining or evaluating, and we do not warrant the oﬀerings of, any businesses

or individuals or the content of their resources. We do not assume any respon-

sibility or liability for the actions, products, services, and content of any other

third parties. You should carefully review the legal statements and other con-

ditions of use of any resource which you access through a link in the Mobile

Application. Your linking to any other oﬀ-site resources is at your own risk.

5 Prohibited uses

In addition to other terms as set forth in the Agreement, you are prohibited

from using the Mobile Application and Services or Content: (a) for any unlawful

purpose; (b) to solicit others to perform or participate in any unlawful acts; (c)

to violate any international, federal, provincial or state regulations, rules, laws,

or local ordinances; (d) to infringe upon or violate our intellectual property

rights or the intellectual property rights of others; (e) to harass, abuse, insult,

harm, defame, slander, disparage, intimidate, or discriminate based on gender,

sexual orientation, religion, ethnicity, race, age, national origin, or disability;

(f) to submit false or misleading information; (g) to upload or transmit viruses

or any other type of malicious code that will or may be used in any way that

will aﬀect the functionality or operation of the Mobile Application and Services,

third party products and services, or the Internet; (h) to spam, phish, pharm,

pretext, spider, crawl, or scrape; (i) for any obscene or immoral purpose; or (j)

to interfere with or circumvent the security features of the Mobile Application

and Services, third party products and services, or the Internet. We reserve the

right to terminate your use of the Mobile Application and Services for violating

any of the prohibited uses.

6 Intellectual property rights

“Intellectual Property Rights” means all present and future rights conferred by

statute, common law or equity in or in relation to any copyright and related

rights, trademarks, designs, patents, inventions, goodwill and the right to sue

for passing oﬀ, rights to inventions, rights to use, and all other intellectual

property rights, in each case whether registered or unregistered and including

all applications and rights to apply for and be granted, rights to claim priority

from, such rights and all similar or equivalent rights or forms of protection and

any other results of intellectual activity which subsist or will subsist now or in

the future in any part of the world. This Agreement does not transfer to you any

intellectual property owned by Bobi or third parties, and all rights, titles, and

interests in and to such property will remain (as between the parties) solely with

Bobi. All trademarks, service marks, graphics and logos used in connection with

the Mobile Application and Services, are trademarks or registered trademarks of

Bobi or its licensors. Other trademarks, service marks, graphics and logos used

in connection with the Mobile Application and Services may be the trademarks

of other third parties. Your use of the Mobile Application and Services grants

you no right or license to reproduce or otherwise use any of Bobi or third party

trademarks.

7 Limitation of liability

To the fullest extent permitted by applicable law, in no event will Bobi, its

aﬃliates, directors, oﬃcers, employees, agents, suppliers or licensors be liable

to any person for any indirect, incidental, special, punitive, cover or consequen-

tial damages (including, without limitation, damages for lost proﬁts, revenue,

sales, goodwill, use of content, impact on business, business interruption, loss

of anticipated savings, loss of business opportunity) however caused, under any

theory of liability, including, without limitation, contract, tort, warranty, breach

of statutory duty, negligence or otherwise, even if the liable party has been ad-

vised as to the possibility of such damages or could have foreseen such damages.

To the maximum extent permitted by applicable law, the aggregate liability

of Bobi and its aﬃliates, oﬃcers, employees, agents, suppliers and licensors re-

lating to the services will be limited to an amount no greater than one dollar

or any amounts actually paid in cash by you to Bobi for the prior one month

period prior to the ﬁrst event or occurrence giving rise to such liability. The

limitations and exclusions also apply if this remedy does not fully compensate

you for any losses or fails of its essential purpose.

8 Indemniﬁcation

You agree to indemnify and hold Bobi and its aﬃliates, directors, oﬃcers, em-

ployees, agents, suppliers and licensors harmless from and against any liabili-

ties, losses, damages or costs, including reasonable attorneys’ fees, incurred in

connection with or arising from any third party allegations, claims, actions, dis-

putes, or demands asserted against any of them as a result of or relating to

your Content, your use of the Mobile Application and Services or any willful

misconduct on your part.

9 Severability

All rights and restrictions contained in this Agreement may be exercised and

shall be applicable and binding only to the extent that they do not violate

any applicable laws and are intended to be limited to the extent necessary so

that they will not render this Agreement illegal, invalid or unenforceable. If

any provision or portion of any provision of this Agreement shall be held to

be illegal, invalid or unenforceable by a court of competent jurisdiction, it is

the intention of the parties that the remaining provisions or portions thereof

shall constitute their agreement with respect to the subject matter hereof, and

all such remaining provisions or portions thereof shall remain in full force and

eﬀect.

10 Dispute resolution

The formation, interpretation, and performance of this Agreement and any dis-

putes arising out of it shall be governed by the substantive and procedural laws

of Switzerland without regard to its rules on conﬂicts or choice of law and, to the

extent applicable, the laws of Switzerland. The exclusive jurisdiction and venue

for actions related to the subject matter hereof shall be the courts located in

Switzerland, and you hereby submit to the personal jurisdiction of such courts.

You hereby waive any right to a jury trial in any proceeding arising out of or

related to this Agreement. The United Nations Convention on Contracts for

the International Sale of Goods does not apply to this Agreement.

11 Changes and amendments

We reserve the right to modify this Agreement or its terms related to the Mobile

Application and Services at any time at our discretion. When we do, we will

send you an email to notify you. We may also provide notice to you in other ways

at our discretion, such as through the contact information you have provided.

An updated version of this Agreement will be eﬀective immediately upon

the posting of the revised Agreement unless otherwise speciﬁed. Your continued

use of the Mobile Application and Services after the eﬀective date of the revised

Agreement (or such other act speciﬁed at that time) will constitute your consent

to those changes.

12 Acceptance of these terms

You acknowledge that you have read this Agreement and agree to all its terms

and conditions. By accessing and using the Mobile Application and Services

you agree to be bound by this Agreement. If you do not agree to abide by the

terms of this Agreement, you are not authorized to access or use the Mobile

Application and Services. This terms and conditions policy was created with

the help of WebsitePolicies.

13 Contacting us

If you have any questions, concerns, or complaints regarding this Agreement, we

encourage you to contact us using the details below: yourcontactbobi@gmail.com