BUUK Terms of Service
Valid as of March 16th 2020
1. Object and Validity
- The company
Mobiarts EOOD, 13 Lubata Street , 1407 Bulgaria
E-Mail address: email@example.com
(hereinafter referred to as “BUUK”) operates a platform for mobile reading and listening on the internet portal http://www.buukapp.com as well as on mobile applications (a.k.a. Apps)(hereinafter referred to as “Platform”). In this context, BUUK’s authors summarize the main takeaways from non-fiction books for the user. This allows the user to learn from best-selling and acclaimed books on the user’s computer or mobile device. In addition, the user has the possibility to purchase content on the Platform for download into their BUUK account library.
- The use of the Platform shall be subject to the following General Terms and Conditions (“General Terms and Conditions”) in the version valid at the time of the user’s registration. BUUK does not acknowledge any different general terms and conditions belonging to the user unless BUUK agrees to their validity in writing.
- No separate contract text is provided for the agreement pertaining to the use of the Platform. The content of the agreement between the user and BUUK is based on these General Terms and Conditions, as well as on the specific information provided to the user as part of the registration (see Section 3), when ordering a paid subscription (Section 4), that will be saved by BUUK and that is available in the user user account at any time.
- The user accepts the validity and applicability of these General Terms and Conditions when registering and purchasing a paid subscription, as the case may be.
2. BUUK’s Services and Rights
- BUUK provides the main takeaways from non-fiction books (hereinafter referred to as ”Content”), which allow the user to learn their essence quickly.BUUK may provide a personal profile to the user, which the user can fill with the user’s preferred platform content and text markers as well as sorting this content into different categories and lists.
- The extent of the platform Content and the options to use (the “License”) depend on the type of account the user has selected. There is a difference between a free account (see Section 3), a paid subscription (see Section 4) and a free trial (see Section 5). In terms of duration, the license is limited to the validity period of the free account / paid subscription / free trial.
- The rights to BUUK's service and the content distributed through the service are and will remain with BUUK and /or BUUK's licensors. The BUUK software applications and content are licensed to the user within the scope of the contractual use. We only grant the user a non-exclusive (simple), time-limited right to personal use of the BUUK service and its contents.
- All BUUK trademarks as well as our trade names, logos, domain names and other distinctive features of the BUUK trademark are the sole property of BUUK. The license does not give the user any right to use the BUUK trademarks, our trade names, logos, domain names or any other distinctive features of the BUUK trademark, be it for commercial or non-commercial purposes.
- If the user does not use a paid service, BUUK is allowed to show the user promotional information on the Platform.
3. Registering with BUUK
- In order to be able to use BUUK’s services, a registration with BUUK is required. Individuals over the age of 18 have the right to register. As a minor, the user may only register with BUUK if the user is at least 14 years old and the user’s legal representatives have provided their consent. BUUK reserves the right to make the use of BUUK services contingent on proper proof of the user’s identity, the user’s legal age, or the user’s legal representative’s consent.
- The registration itself is free of charge (free account) and does not oblige the user to obtain a paid subscription. By registering, the user is executing an agreement with BUUK for a limited, free use of the Platform.
- The user can use their e-mail address as well as a password of their choice to register. Alternatively, the user may register using a single sign-on service (for example, Facebook login). The user can register after downloading our iOS or Android apps.
- Any information required for registration must be complete and correct and always up-to-date. BUUK has the right to save and process the data the user provided during registration, in accordance with the provisions on Data Protection.
- The password used must be kept confidential. Keeping it a secret is solely and fully the user’s responsibility. The BUUK user account may only be used by the user. Any unauthorized use of the user’s account, as well as any such suspicion to that effect should be communicated to BUUK immediately.
4. Executing an Agreement for a Paid Subscription
- To be able to fully benefit from BUUK's services, additional service packages in the form of paid subscriptions (“Subscription Access”) are available to the user after registering. These can be purchased for different, and variable periods of time, which the user will see in the order options.
- BUUK's Subscription Accesses are ad-free, paid subscriptions that allow the user to access additional content and features through our mobile and web-based applications. We currently offer the following subscription / service package:
- The BUUK Premium service package includes ad-free access to all of our Platform Content in both, text and audio.
- The user will have access to the respective services as long as the user’s subscription is valid.
- The user submit a legally binding offer for a fee-based subscription, if the user enters the information requested in the online order form and then clicks on the “Order with obligation to pay” button. By doing so, the user submits a legally binding offer for an agreement for a paid subscription. Before submitting the user’s order, the user may change and view the data at any time.
- The user can also sign up for a paid subscription through an in-app purchase through our iOS or Android apps. In order to do this, the user must select the desired option on the subscription screen within the app, and a pop-up will appear where the user has to enter the user’s password for the third party appstore. As soon as the user finishes, a pop-up will appear in which the user has to confirm the purchase of the subscription again. At this point the user can still cancel the process. The user should then receive a receipt confirmation from the third party appstore (not directly from BUUK).
5. Trials/ Testing Phases
- BUUK occasionally offers in particular to new users free Subscription Access for testing purposes for a certain period of time (“Trial”). BUUK determines, at its sole discretion, if the user may participate in a Trial. In case of an important reason, BUUK may discontinue or change such free Trial at any time without prior notice or notification.
- The user can only participate in certain Trials if the user enters the the payment details when the user signs up for the Trial. In such a case, we need the user’s consent at the beginning of the Trial that the user’s free access will be converted into a paid Subscription Access (Section 4) on the day following the end of the Trial. In this situation, the user’s subscription renews itself on a recurring basis and can be terminated up to one day before the end of the respective subscription period (Section 7.2).
- If, in a case of Section 5.2 , the user does not wish to have the Subscription Access and the charge associated with it, the user must cancel the user’s Subscription Access given to the user during the Trial before the end of the Trial (for example, by simply going to the user’s BUUK Account Settings or the respective app store settings).
6. Cancellation Policy
- If the user is a consumer (i.e., a person completing the legal transaction for purposes that can be predominantly attributed to neither their commercial nor their independent professional activity), the user is entitled to a statutory withdrawal right when concluding a distance selling agreement. Please note that in the case of an in-app purchase, the user has a right of withdrawal within the respective app store, i.e., Apple-App-Store or Google Play Store.
7. Reimbursement and Payment Methods, Compensation and Retention Rights
- The conclusion of a subscription for Subscription Access (Section 4) is subject to a fee and must be paid at the beginning of the subscription.
- When purchasing a subscription with the BUUK iOS or Android apps, payment is made by Apple's or Google's in-app purchase process.
- As part of the user’s Subscription Access, the user’s payment obligation to BUUK will be automatically renewed at the end of the relevant subscription term if the user does not cancel the user’s paid subscription at least 24 hours before the end of the term (Section 8.2).
- The user is not entitled to offset any claims against claims of BUUK, unless the user’s counterclaims are finally determined with legal effect or undisputed. The user is also entitled to offset against the claims of BUUK, if the user makes complaints for defects or counterclaims based on the same agreement.
- The user may only exercise the user’s right of retention if the user’s counterclaim results from the same agreement.
8. Term and Cancellation
- The paid subscription for the Subscription Access (see Section 4) will run for at least the term the user originally selected and will automatically renew if it is not canceled at least 24 hours before the end of that period. The subscription term will be extended according to the subscription model used so far. The user can cancel as instructed below:
- The user can cancel paid subscriptions completed via our web app in the "Settings" menu item of the web app. To do this, the user must log in, open the settings in the context menu and click on “Cancel subscription”.
- A paid subscription completed in our iOS or Android apps can be canceled in the user’s iTunes or Google Play settings.
- The Subscription Access cancellation takes effect on the day following the last day of the user’s current subscription period and the user will be downgraded to the free user agreement (free account). However, once the user renews a subscription again, the user will be able to access their old status and reading lists. If the user wishes to delete their entire account, the user can do so from the settings in our web apps. All data will be deleted irrevocably.
- The right to blocking and cancellation for an important reason due to a good cause remains unaffected by the preceding provisions.
- BUUK disqualifies any claims for damages coming from the user. This does not apply to claims for damages arising from fatal injuries, physical injuries, health damage or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages that are based on an intentional or grossly negligent breach of duty by BUUK, its legal representatives or affiliates. Essential contractual obligations are those the fulfillment of which enables the proper execution of the Agreement in the first place and on the fulfillment of which the user can trust.
- In the event of a breach of essential contractual obligations, BUUK shall only be liable for the typical, foreseeable damages stipulated in a contract, if they were simply caused by negligence, unless it also involves claims for damages due to fatal injuries, physical injuries or damages to health.
10. Change of Terms and Conditions
- BUUK reserves the right to amend and/or supplement the General Terms and Conditions with effect in the future, provided that this is reasonable for the user taking into account BUUK’s interests. If no explicit consent is obtained from the user to adapt the General Terms and Conditions, the user will be notified by BUUK of any amendments and/or supplements to the terms and conditions in a timely manner (at least four weeks before the amended General Terms and Conditions enter into force). To this end, BUUK will send the user the new version of the General Terms and Conditions to the e-mail address specified by the user in the registration. In this context, BUUK will expressly point out to the user the possibility and deadline for an objection to the new version of the General Terms and Conditions, as well as the consequences, should the user not object.
- If the user does not object to the applicability of the new version of the General Terms and Conditions within four weeks after receipt of the notification referred to in paragraph (1) of this Section, the new version of the General Terms and Conditions shall be deemed accepted by the user.
- If the user objects to the new version of the General Terms and Conditions in due time, the contractual relationship shall be continued under the previous General Terms and Conditions, but BUUK may decide to terminate the free user agreement or the paid subscription with effect from the next possible regular termination date.
11. Final Provisions
- If any provision of these General Terms and Conditions is invalid, the remainder of the agreement remains valid. The statutory provisions shall take effect over the invalid regulations.