Please read these Terms of Service and End User License Agreement (EULA) together with the Privacy policy (collectively the “Terms”) carefully so that you understand them before you start using our Services (as defined below) and to learn how and what data we collect and how we use it. The Terms govern the relationship between you and Bubadu d.o.o, a company registered in Slovenia, with registration number 1318349000 and registered address at this date at Bračičeva ulica 21, 1380 Cerknica, Slovenia, EU (‘’Bubadu’’, ‘’we’’), regarding your use of entertaining mobile applications (“App/s) distributed by Bubadu that you installed, as well as any and all related updates and upgrades that replace or supplement the App in any respect. The Services are licensed, not sold, to you.
By installing, using, or otherwise accessing our Services you agree to these Terms. If you do not agree to these Terms or do not wish to be bound by them, please do not install, use or otherwise access our Services.
If there is anything that you do not understand, please contact us at [email protected].
DEFINITIONS
“App” means all software programs distributed, published or otherwise made available by Bubadu notwithstanding the manner of the distribution, including any updates and upgrades as well as accompanying documentation, and any and all copies of such software.
“Service” means all services made available by Bubadu through the App.
“Services” means App and Service.
YOUR CONSENT
Your use of our Services is subject to the terms and conditions set forth in these Terms.
You represent to Bubadu that you are at least the age of majority under the applicable law of your jurisdiction, or if under the age of majority, you are either an emancipated minor, or possess the legal consent of a parent or legal guardian and are fully able and competent to enter into these Terms, and to abide by and comply with these Terms.
If you do not agree to these Terms do not install, use or access our Services.
The main characteristics of each App can be found in the app store’s descriptions of your selected app store.
LICENSE GRANT & TERM
Subject to these Terms, Bubadu grants you a personal, revocable, limited, non-exclusive, non-sublicensable, non-transferable license to download, install and use the App/Service for your personal, non-commercial use subject to the limitations defined in these Terms. The App/Service is being licensed to you and you hereby acknowledge that no title or ownership in the App/Service is being transferred or assigned to you. Your rights granted herein are subject to your compliance with these Terms and you agree not to use the App for any other purpose.
The term of these Terms and license commence when you download/install the App/accept these Terms and will continue in effect until terminated by you or Bubadu. You may terminate these Terms by deleting the App and all copies thereof from your device. Bubadu may terminate these Terms at any time without notice if it ceases to support the App, which Bubadu may do in its sole discretion. In addition, these Terms will terminate immediately and automatically without any notice if you attempt to circumvent any technical protection measures used in connection with the App/Service or if you otherwise use the App/Service in violation of the Terms.
OWNERSHIP
You acknowledge and agree that the App is provided under license, and not sold, to you. You do not acquire any ownership interest in the App under these Terms, or any other rights thereto other than to use the App in accordance with the license granted, and subject to all terms, conditions, and restrictions, under these Terms. Bubadu and its licensors and service providers reserve and shall retain their entire right, title, and interest in and to the App, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you by these Terms.
We retain our entire right, title and interest in and to the Services, including, but not limited to, all copyrights, trademarks, trade secrets, trade names, proprietary rights, patents, titles, computer codes, audiovisual effects, themes, characters, character names, stories, dialogue, settings, artwork, sound effects, musical works, and moral rights whether registered or not and all applications thereof. The Services are protected by applicable laws and treaties throughout the world. Unless expressly authorized by mandatory legislation, the Services may not be copied, reproduced or distributed in any manner or medium, in whole or in part, without prior written consent from Bubadu. All rights not expressly granted to you herein are reserved by Bubadu.
LICENSE LIMITATIONS
Use of the App/Service in violation of these License Limitations is strictly prohibited and can result in immediate revocation of the License that was granted to you. Bubadu reserves the right to determine in its sole discretion what kind of conduct is in violation of the Terms.
You agree not to: (i) commercially exploit the Services; (ii) modify, translate, adapt, distribute, redistribute, sublicense, lease, license, sell, resell, rent, lend, convey, copy, display, publish, perform, market or otherwise transfer or assign the Services and any copies thereof, or any passwords or usernames of the third party providers or our Services; (iii) reverse engineer, decompile, disassemble, prepare derivative works based on or otherwise modify the Services, in whole or in part; (iv) seek to disable, reverse engineer, decompile or otherwise attempt to derive or gain access to the source code of the App or any part thereof; (v) attempt to introduce viruses or any other malicious computer code that interrupts, destroys or limits the functionality of any computer software, hardware or telecommunications equipment; (vi) use cheats, automation software, bots, hacks or any other unauthorized software, designed to modify or interfere with the Services and/or any files that are part of the Services; (vii) scrape, build databases or otherwise create permanent copies of content returned from the Services; (viii) re-use, copy or distribute text, pictures, music, barcodes, video, data, hyperlinks, displays or any other content provided by the Services; (ix) make the Services publicly available or available on a network for use or download by multiple users; (x) remove, obscure or modify any copyright, trademark or other proprietary rights notices, marks or labels contained on or within the Services, falsify or delete any author attributions, legal notices or other labels of the origin or source of the material; (xi) use the Services when operating vehicles; (xii) misrepresent the source of ownership of Services; (xiii) register domain names, social media accounts or related addresses, which include Bubadu trademarks; (xiv) transport, export or re-export (directly or indirectly) into any country forbidden to receive such services by any U.S. or other export laws or accompanying regulations or otherwise violate such laws or regulations, that may be amended from time to time; or; (xv) attempt to, or harass, abuse, threaten, defame or otherwise infringe or violate the rights of any other party; (xvi) post any information that contains nudity, violence or offensive subject matter or that contains a link to such content attempt to gain unauthorized access to Bubadu’s computer network or user accounts; (xvii) encourage conduct that would constitute a criminal offense, or would give rise to civil liability (xviii) use the Services in way that is, in Bubadu’s sole discretion unlawful, fraudulent, deceptive or in any manner not expressly allowed with these Terms.
USE OF THE APP IS LIMITED TO THE FUNCTIONALITY OF THE APP AND TO THE LICENSE GRANT ABOVE. YOU MAY NOT OTHERWISE USE THE APP OR ANY COMPONENT OF IT, EXCEPT AS EXPRESSLY AUTHORIZED BY BUBADU IN WRITING IN ADVANCE.
COLLECTION AND USE OF YOUR INFORMATION
When you download, install, or use the App/Services, you may be required to provide certain information about yourself as a condition to downloading, installing, or using the App or certain of its features or functionality, and the App may provide you with opportunities to share information about yourself with others. All personal and non-personal information we collect through or in connection with the App and/or our Services is subject to our Privacy policy.
The consequences of the collection of personal information from a child under the age of digital consent and any territory-specific child protection provisions are also described in our Privacy Policy.
UPDATES
Bubadu may from time to time in its sole discretion develop and provide App updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, "Updates"). Updates may also modify or delete in their entirety certain features and functionality. You agree that Bubadu has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your device settings, when your device is connected to the internet either:
(a) the App will automatically download and install all available Updates; or
(b) you may receive notice of or be prompted to download and install available Updates.
You shall promptly download and install all Updates and acknowledge and agree that the App or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the App and be subject to these Terms.
USER GENERATED CONTENT
Our Services may allow you to create content such as videos, data, photographs, messages, graphics, text, and other information ("User Generated Content"). Unless you obtain our prior written approval or as enabled within the functionalities of our Services (for example storing screenshots in Photo Gallery), you are not allowed to use User Generated Content.
Licence grant for the User Generated Content
By creating User Generated Content through Bubadu Apps, you expressly grant, and you represent and warrant that you have a right to grant to Bubadu a royalty-free, sub-licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, monetize, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of, and otherwise exploit, all such User Generated Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the App and Bubadu’s (and its successors’ and affiliates’) business, including and without limitation for promoting and redistributing part or all of the App (and any derivative works thereof) or any Bubadu App in any media formats and through any media collections and in connection with various advertisements, such as banner ads, mobile ads, and video ads. You also hereby grant each user of the App a non-exclusive license to access your User Generated Content through the App, and to use, reproduce, distribute, display, and perform such User Generated Content as permitted through the functionality of the App or the Internet and under these Terms.
THIRD PARTY SERVICE PROVIDERS
We cannot provide all the services necessary for the successful operation of our Services by ourselves. We, therefore, use various providers for the purposes of offering the Services to you and improve your user experience. When you use our Services via or in combination with other services, you also consent to such third party’s terms of service, so please read their terms of service carefully before you start using our Services. We are not responsible or liable for your interaction with such third parties.
THIRD-PARTY TECHNOLOGY AND CONTENT
Some content and functions available via the Services may include materials from third parties (such as images from iStock, YouTube videos etc. ) or may be offered by third party providers. These services may include, but are not limited to gameplay recording and sharing, social media connectivity and the like. We may include links to third party websites, products, or services and/or the third party services may be made available to you via our Services. Please see the section ‘Who has access to your data’ within our Privacy policy for more information about third party providers that we use.
Ad Serving
When you use our App, we or third parties may serve contextual advertisements. For this reason, our Services incorporate third-party dynamic in-game advertisement serving technology which enables advertising to be temporarily uploaded into the App on your mobile device and/or your PC while you are online. Please see the section ‘Advertising Providers’ within our Privacy policy for more information about Advertising Providers that we use.
App stores
Apple App Store: Licensed Application End User License Agreement (“Standard EULA”), published by Apple, Inc. (located online at http://www.apple.com/legal/itunes/appstore/dev/stdeula/ ), which is incorporated into these Terms by reference. You acknowledge that:
- Your use of the App on the AppStore must comply with the Apple Media Services Terms and Conditions (located online at http://www.apple.com/legal/itunes/us/terms.html#APPS).
- Apple, Inc. and its subsidiaries are third-party beneficiaries of these Terms and that upon your acceptance of these Terms, Apple, Inc. will have the right (and will be deemed to have accepted the right) to enforce these Terms.
- Apple, Inc. has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
By using the App on AppStore 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 “watch list” of prohibited or restricted parties, including the Specially Designated Nationals list published by the Office of Foreign Assets Control of the U.S. Treasury or the Denied Persons List published by the U.S. Department of Commerce.
Google Play: By using our Services you agree to be bound by Google Play Terms of Service (located online at https://play.google.com/intl/en_US/about/play-terms/) if you are downloading the App from Google Play.
Other stores: If you download the App from any other online market for software applications that operate on devices powered by the operating system not expressly stated herein, or when the App can be played online, you acknowledge that you have reviewed and accepted the terms of service applicable to such market or platform or operating system.
ACCESS
You can access and download our App via app stores. By doing so you agree to be bound by such app store terms. You must provide at your own expense the equipment, Internet connections or mobile devices and/or service plans to access and use this App. We may not provide our Services in all geographic locations. You acknowledge that when you use our Services, your internet provider/carrier may charge you fees for data, messaging, and/or other wireless access. You are solely responsible for any costs you incur to access our Services from your mobile device and/or PC device. Your right to use the App is also predicated on your compliance with any applicable terms of agreements you have with third parties when using our Services.
IN-APP PURCHASES
By completing an In-App Purchase we license to you certain virtual goods to be used within our Services on a limited, personal, non-transferable, non-sublicensable and revocable basis and limited only for non-commercial use. These virtual goods shall be deemed an integral part of the App and may be licensed both for a fee using “real world money” and without any separate fee, as applicable from time to time. These virtual goods may also be licensed by using third party virtual currency, such as Facebook Credits or by using separate activation codes, such transactions are governed by the agreement between you and Facebook and we are not a party to the transaction. We reserve the right to manage, regulate, control, modify or eliminate virtual goods at any time, with or without notice and we shall have no liability to you or any third party in the event that we exercise any such rights.
In-app purchases may be made only upon entering your app store password and you are responsible for maintaining the security of such password. Your authentication and security maintenance are subject to the specific terms of the App Store and the operating system of your mobile device. You should be aware of the iOS 15-minute and Android 30-minute window after downloading an Application, during which time In-App Purchases may be made without the insertion of an app store password. You should also take into account that OS 2.1 or older versions of Android mobile phones do not require the entering of an app store account password to carry out In-App Purchases.
PAYMENT FOR LICENSES FOR VIRTUAL GOODS OR REDEMPTION OF THIRD PARTY VIRTUAL CURRENCY IS ALWAYS FINAL AND NON-REFUNDABLE. SUBJECT TO MANDATORY LEGISLATION, YOU ACKNOWLEDGE THAT WE ARE NOT REQUIRED TO PROVIDE A REFUND FOR VIRTUAL GOODS FOR ANY REASON AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL GOODS, WHETHER YOUR LOSS OF LICENSE UNDER THIS EULA WAS VOLUNTARY OR INVOLUNTARY.
We offer In-App purchases ranging from 0.99 to 99.99 USD subject to local currencies exchange rates and any applicable taxes. While we offer basic gameplay free of charge, we do require In-App purchases to unlock levels, buy virtual goods, play minigames and disable ads.
In-app purchases are subject to the payment terms and conditions of the mobile platform (e.g. iOS Platform, Android Platform, Windows Platform, etc.) from which you make your purchase. We do not process payments for In-App Purchases nor have access to your credit card information.
Payment transactions for In-App Purchases are completed through the App Stores via your App Store account. Any post-purchase processes are controlled by the App Stores and are subject to their specific terms of service.
You hereby acknowledge that by clicking “BUY”, “PURCHASE”, or a similarly described button, in order to make an In-App Purchase, Bubadu provides you with immediate access to and performance of the digital content, without having to wait for the 14-day withdrawal period. You hereby expressly consent and acknowledge you waive your right of withdrawal from such purchase.
DISCLAIMER OF WARRANTIES
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, OUR APP AND SERVICES ARE PROVIDED TO YOU “AS IS,” WITH ALL FAULTS AND DEFECTS, WITHOUT WARRANTY OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. WE DO NOT MAKE AND HEREBY DISCLAIM, ANY AND ALL EXPRESS, IMPLIED, STATUTORY WARRANTIES OR OTHERWISE, WITH RESPECT TO THE APP, INCLUDING ALL IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD-PARTY RIGHTS, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. NOT TO LIMIT THE FOREGOING, WE DO NOT WARRANT AGAINST: A) INTERFERENCE WITH YOUR ENJOYMENT OF THE APPLICATION; B) THAT THE APP WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS; C) THAT OPERATION OF THE APP WILL BE UNINTERRUPTED, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR ERROR-FREE; C) THAT THE APP WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES; D) THAT ANY ERRORS IN THE APP WILL BE CORRECTED; OR THAT E) THE APPLICATION WILL BE AVAILABLE FOR REINSTALLS TO THE SAME OR MULTIPLE DEVICES.
NO ORAL OR WRITTEN ADVICE PROVIDED BY BUBADU OR ANY AUTHORIZED REPRESENTATIVE OR THIRD PARTY SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF, OR LIMITATIONS ON, IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL BUBADU, ITS SUBSIDIARIES OR ITS AFFILIATES, OR ANY OF ITS RESPECTIVE LICENSORS HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APP OR THE SERVICES FOR: PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER FORM OF DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES FROM ANY CAUSES OF ACTION ARISING OUT OF OR RELATED TO THIS LICENSE OR THE APPLICATION, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE, WHETHER OR NOT BUBADU HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND WHETHER OR NOT REPAIR, REPLACEMENT OR A REFUND (IF AWARDED AT OUR SOLE DISCRECTION) FOR THE APPLICATION DOES NOT FULLY COMPENSATE YOU FOR ANY LOSSES.
SOME JURISDICTIONS DO NOT ALLOW A LIMITATION OF LIABILITY FOR DEATH, PERSONAL INJURY, FRAUDULENT MISREPRESENTATIONS OR CERTAIN INTENTIONAL OR NEGLIGENT ACTS, OR VIOLATION OF SPECIFIC STATUTES, OR THE LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. In no event shall Bubadu’s (its affiliate’s or licensor’s) total liability to you for all damages (except as required by applicable law) exceed the amount actually paid by you for the App or five euros (5) EUR whichever is less, this limitation applies, but is not limited to anything related to the App, Services or content made available through the App. You agree that the provisions in these Terms that limit liability are essential terms of these Terms.
INDEMNIFICATION
You agree to defend, indemnify, and hold harmless Bubadu and its employees, contractors, officers, and directors from any and all losses, claims, suits, damages, costs, lawsuits, fines, penalties, liabilities, deficiencies, actions, settlements, interest, awards, penalties, fines, or expenses of whatever kind, including attorney's fees arising from or relating to your use or misuse of the Services, your violation of the Terms or violation of any rights of a third party. Bubadu reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate in asserting any available defenses.
FINAL PROVISIONS
Term
The term of these Terms commences when you download/install the App/accept these Terms and will continue in effect until terminated by you or Bubadu. You may terminate these Terms by uninstalling/deleting the App and all copies thereof from your device. Uninstalling the App does not result in a refund of the App. Bubadu may terminate these Terms at any time without notice if it ceases to support the App, which Bubadu may do in its sole discretion. In addition, these Terms will terminate immediately and automatically without any notice if you attempt to circumvent any technical protection measures used in connection with the App/Service or if you otherwise use the App/Service in violation of the Terms. In such event, you must cease all use of the App and destroy all copies of the App and all of its component parts and cease and desist from accessing the Services.
Termination will not limit any of Bubadu’s other rights or remedies at law or equity. If any of the platforms disable the ability to use the App on your device pursuant to your agreement with such platform, any associated rights with Bubadu will terminate as well.
Changes
We will occasionally update these Terms as necessary to furnish current information and respond to legal and technical changes. The most current version of these Terms will govern your use of Bubadu Services and will be available at https://bubadu.com/tos. Please check these pages regularly for any changes. We reserve the right to change the Terms at any time and we will publish changes as needed at the above-mentioned address. Your usage of the Bubadu Services after the changes are integrated will constitute your acceptance of the changes.
Equitable Remedies
You agree that a breach of these Terms will cause irreparable injury to Bubadu for which monetary damages would not be an adequate remedy and Bubadu shall be entitled to seek equitable relief in addition to any remedies it may have hereunder or at law without a bond, other security, or proof of damages.
Export control legislation
You agree to abide by U.S., EU and other applicable export control laws and agree not to transfer the App to a foreign national, or national destination, which is prohibited by such laws, without first obtaining, and then complying with, any requisite government authorization. You certify that you are not a person with whom Bubadu is prohibited from transacting business under applicable law.
Entire Agreement
These Terms constitute the entire agreement between you and Bubadu with respect to the Services and supersede all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of these Terms will be binding unless made in writing and signed by Bubadu.
Severability
If any provision of these Terms is illegal or unenforceable under applicable law, the remainder of the provision shall be amended to achieve as closely as possible the effect of the original term and all other provisions of these Terms shall continue in full force and effect.
Wavier
No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereinunder. In the event of a conflict between these Terms and any applicable purchase or other terms, the Terms shall govern.
Governing law and dispute resolution
The Terms are governed by and construed in accordance with the laws of Slovenia without reference to its choice of law rules. The United Nations Convention for the International Sale of Goods shall not apply.
Any dispute, controversy or claim arising out of or relating to these Terms or the breach, termination or validity thereof shall be finally settled at Bubadu's discretion (i) at your domicile's competent courts; or (ii) by Permanent Arbitration at Chamber of Commerce and Industry of Slovenia. The arbitration shall be conducted in Ljubljana, Slovenia, in the English language. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST BUBADU ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
Our Contact
We are always available at [email protected] should you have any questions, complaints or claims with respect to the Services.
Last update: December 2023