Terms and Conditions
1. Preamble
Algora Ventures Limited (hereinafter referred to as the "Company"), a trading company with registered address at Punchbowl Centre, Elia Zammit Street, St Julians, Malta and with registration number C105178, develops and sells the software solution www.bubbi.app (herein referred to as the “Site", the "Website", the "Service" or the "Software").
The present Terms and Conditions define the terms and conditions of access to the Website and the services marketed and distributed by the Website to its customers (herein the "Customer") for their personal or professional use, as well as the rights and obligations of the parties arising from the online subscription and the use of the Website.
By subscribing to a Service on the Website, the Customer acknowledges having read these Terms and Conditions of Sale and having accepted them without restriction or reservation. Given the electronic nature of the contract between the Client and the Website, this acceptance is in no way conditioned by a handwritten signature on the part of the Client. Any written document and/or any other particular condition contained in documents from the Client (including the order) cannot prevail over the present Terms and Conditions without the express prior written agreement of the Website.
The version of the Terms and Conditions available online on the Webite will prevail, where applicable, over any other version of these Terms and Conditions, except for modifications that would have occurred after an order, in accordance with common law.
In case of contradiction between the Website Terms and Conditions and the Order Form, the contractual provisions of a higher rank will prevail over those of the lower rank in the following descending ranking order:
- The Website Terms and Conditions
- The Website Order Form
- All of these contractual documents are herein referred to as the “contract”
By accessing or using the Website, or any content, products, services, or features available through the Website, including the embedded viewer (collectively, the “Website”), you agree to abide by and be bound by the Terms and Conditions described herein and by all terms, policies and guidelines incorporated by reference, as well as any additional terms and restrictions presented in relation to specific content or a specific product, service or feature (collectively, the “site terms”).
By using the Website, you represent and warrant that you are over the age of 18 and are lawfully able to accept these Terms and Conditions. If you are using the Website on behalf of any entity, you further represent and warrant that you are authorized to accept these Terms and Conditions on such entity’s behalf, and that such entity agrees to indemnify the Website for the violation of those Terms and Conditions.
We provide these Terms and Conditions exclusively in the English language. If you do not fully understand this language or the content of these Terms and Conditions please do not use the Website or any of our services.
If you do not agree to all of these Terms and Conditions, please do not use the Website or any of our services.
2. Use of the Site
The Customer undertakes to keep all access data to the Website (e.g. password and login email) secret. The Customer undertakes to refrain from any actions that compromise the functionality or operation of the Website. In particular, the Customer is prohibited from carrying out any actions that scan or test weak points of the Website, bypass security systems or access systems of the Website, integrate malware into the Website and commit any act of hacking.
Furthermore, The Customer agrees not to use and/or exploit the electronic and/or postal contact details of the Website with the intention of sending mass e-mail solicitations and engaging in the practice of spamming. The Customer guarantees that it has all the necessary rights (such as copyright, ancillary copyright, industrial property rights, and trademark rights) for processing the uploaded photos.
Furthermore, the Customer agrees not to use the Website for the following purposes: Research/development of artificial intelligence (in particular generation of training data), military use, pornography, gambling/betting, terrorism, and creation of fake news.
Use by organisations that carry out, encourage or require unlawful violence or physical injury to persons or property, or carry out, encourage or require unlawful force against any group based on race, religion, disability, gender, sexual orientation or national origin is also prohibited.
The Customer also agrees not to use the Website for illicit purposes and/or with the aim of causing damage to the reputation and image of the Website or more generally to infringe the rights, in particular intellectual property rights, of the Website and/or third parties.
The Customer agrees to provide correct, complete, and accurate purchase, personal and account information for all purchases made via the Software.
The Customer further agrees to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as may be needed.
The Customer agrees to access and use the Website and the services in good faith, in a reasonable manner, not contrary to the terms of these Terms and Conditions and for strictly personal and non-profit use. Transfer of the Software for use by third parties or other provision to third parties, such as by way of letting, is not permitted.
Furthermore, the Customer agrees not to reuse all or part of the Website and the services it contains, in particular for commercial and/or collective and/or personal purposes in a form and/or medium not authorized by the Company.
The Customer agrees not to use any devices or software other than those provided by the Company for the purpose of i) affecting or attempting to affect the proper functioning of the Website and/or the services it contains ii) or extracting, modifying, consulting, reverse engineering, all or part of the Website.
The Customer agrees not to reproduce, or represent all or part of the Website for private purposes beyond the legal exceptions provided by intellectual property law, or with a view to direct or indirect marketing, particularly to third parties.
The Customer shall acquire the non-exclusive right, which is limited in time to the duration of this Contract, to use the Software to the extent of the selected variant worldwide for internal or its own use.
In the event of failure to comply with any of these obligations and, without this list being exhaustive, the Customer acknowledges and accepts that the Website shall have the right to refuse, unilaterally and without prior notice, access to all or part of the Website and to terminate the Contract(s), without the Customer being able to claim any reimbursement, credit or compensation.
The Customer also declares that he has the knowledge, skills and resources, in particular human and technical, required to use the Website.
3. Service Availability
The Services distributed online by the Website are those that appear on the Website on the day the Client consults the Website and within the limits of their availability and the availability of the various service providers involved.
In case of unavailability of a Service, the Website will inform the Client as soon as possible by e-mail of the availability of a partial order or the cancellation of his order.
However, in case of unavailability of the Service ordered by the Client, the Website will be likely to propose or deliver to the Client a Service of equivalent quality and price.
If the Client's bank account has already been debited at the time of the Client's aforementioned information, the Website undertakes to reimburse the Client as soon as possible, the price of the unavailable Service on the bank account debited at the time of the order. At any time, the Website reserves the right to modify or no longer market the Services offered on the Site, these modifications will not affect the orders that the Website would have accepted before the coming into force of these modifications.
4. Terms of payment
The Customer acknowledges and agrees to be billed through an online billing account for purchases made via the Website.
Upon making a purchase, the Customer authorizes us to charge the chosen payment method for any such amounts and to charge the same payment method on a recurring basis without requiring prior approval for each recurring charge, until notification of cancellation.
We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.
We also reserve the right to refuse any order placed through the Site and to change prices at any time.
Taxes and duties which are related to the current fee shall be paid by the Customer. The Customer hereby indemnifies the Website in this respect. The Customer's activation shall take place as soon as the current fee has been paid.
Should the Customer be in default even for one day only, the Website is entitled to prohibit the Customer from further use of the Software and to cancel all services.
This is without prejudice to the obligation of the Customer to pay the agreed fee. The Customer is not entitled to offset claims against the Website unless such claims have been legally established by a court.
5. Order of Service
By browsing the Webite, the Customer has the opportunity to freely take note of the various Services offered for sale on the day of consultation of the Website.
The Customer has the opportunity, at any time during the order process, i.e. until the effective payment of the order under the conditions set below, to return to his order in order to complete, modify or even cancel it.
Once the selection of the Services has been completed, the Customer will be invited to communicate his contact details by filling in the Order Form made available to him.
In this respect, the Customer formally agrees to provide a valid and functional e-mail address that does not constitute the offence of impersonation.
In case of false and/or misleading supply of the e-mail address by the Customer, the Website reserves the right to cancel the order without delay and without the Customer being able to claim any compensation.
The payment of the order is made on the Internet by an electronic payment system.
The Website uses a secure payment tool and guarantees the Customer that he never has access to confidential information relating to the means of payment used by the latter to pay for his order. In order to proceed with the payment due, the Customer will be asked to provide the credit card number, the CVV, the expiry date of the card and, if applicable, the visual cryptogram.
As soon as the payment information is communicated, the Customer will be invited to click on the payment confirmation button in order to proceed with the payment of his order and test the offer and the Website services for 48 hours.
By clicking on the payment confirmation button during the order process, the Customer declares having read and accepted fully and unreservedly all of these Terms and Conditions.
The Customer's bank details are requested for each order insofar as only the bank chosen by the Website to carry out this financial transaction remains in possession of the confidential information. To this end, the Client guarantees the Website that he has the authorizations that may be necessary to use the payment method chosen at the time of the validation of the order and that this bank card gives access to sufficient funds to cover all the costs resulting from the payment on the site of the Website.
Once the payment of an order has been executed, a summary of the Customer's order will be displayed and will notably mention the references of the order.
The data recorded by the Website constitutes proof of all the transactions made between the Website and the Client.
The Website informs the Client that bank charges are invoiced by his bank for each Service subscription on the Site.
The order will only be considered firm and definitive once confirmed by the Website to the Client after receipt of payment.
The Website reserves the right to refuse any order or any access to the Service in the event of a dispute with the Client following in particular the Client's failure to respect the obligations subscribed to under the terms of the present General Terms and Conditions of Sale, in particular with regard to any incident of payment of the price of an order, likely to lead to the suspension of access to the Site of the Website, or even the termination of the present Contract without prejudice to any damages that the Website may request.
Following the payment of the order, the confirmation of the Website will be sent as soon as possible by e-mail. This order confirmation e-mail sent by the Website will include the reference of the order determined by the Website at the time of its validation by the Customer, and the summary of the order (designation of the Service(s) ordered, quantity, price). the total amount of the order, all taxes included, the payment confirmation, and the terms and conditions relating to access to the Service ordered.
The Website retains at all times the control of the Client's access to the Services ordered until full payment of the order price. In case of non-payment, the Website reserves the right to suspend access to the ordered Services under the conditions of Article 17.
6. The Monthly Subscription
The Customer is informed that the subscription procedure is carried out exclusively online using the Website order form.
The Customer is informed of the need to communicate a valid e-mail address in order to receive an e-mail confirming the creation of the account.
As soon as the order form has been validated, the Website will assign by email the identifying codes, i.e. a Login and a Password, to the Customer. The Customer acknowledges that these Login and Password constitute the only means of validating the Customer's access to the Services and the online administration, to the exclusion of any other means.
The Customer accepts that all acts carried out using the aforementioned Login and Password shall be considered as having been carried out by the Customer himself and shall be deemed authentic. The Client accepts that the computer or electronic records made by the Website and/or by its suppliers for the delivery of the Services, of all operations carried out in particular through its Admin, may be opposed or used before any competent administrative and/or judicial authority as evidence.
The Client acknowledges that it is solely responsible for the actions carried out using its Login and Password. He undertakes to maintain and keep these Identifying Codes strictly confidential, not to disclose them to third parties even temporarily in any form whatsoever and to use them only for strictly personal purposes. In the event of loss, theft or any fraudulent act with regard to the Identifying Codes, it is up to the Customer to inform the Website as soon as possible by email and/or by registered letter with acknowledgement of receipt and to prove his identity by any means. Upon receipt of this duly justified written notification, the Website will study the file and may, for security reasons, suspend all access to the Admin.
The Website will process the Client's request as soon as possible and send him/her the new Identifying Codes by e-mail.
The Client remains responsible for the use of the Service by third parties until the modification by the Website of the Identifying Codes, thus the Client guarantees the Website against any action or claim concerning the loss of data resulting from the loss or fraudulent use of his Identifying Codes.
The Client is reminded that his express confirmation of his Personal Information will exonerate the Website from any responsibility regarding the data provided and confirmed by him. The Client is obliged to always update his Personal Information by following the procedures provided by the Website. Should the data provided prove to be inaccurate, incomplete or misleading, the Website reserves the right not to activate and/or suspend the Service until the Customer corrects its errors, and to terminate the Contract(s) by operation of law in the event of failure by the Customer to update within the required timeframe, without the Customer being able to claim any reimbursement, credit or compensation.
The same applies in the event that the competent bodies (e.g. banks or credit card/bank holders) dispute payments made by the Customer.
The Customer agrees to pay the trial price and, upon termination of the trial, the monthly price of his chosen plan in order to access the Website services.
The Customer may cancel his subscription to the Service at any time, and the Customer shall continue to have access to it until the end of the paid period.
7. The 48 hours Trial Period
When the Customer orders a Service as part of the order procedure described in the hereby agreement, the Website offers the Customer the possibility to test the Service for a period of 48 hours from the validation of the said order by the Customer.
In order to benefit from this 48 hours test offer, the Customer must pay the Website the sum of EUR 1. Thus, for a period of 48 hours, the Customer has the time to test the service offered by the Website.
During the trial period, the customer will have a maximum of 30 credits available to test the service. One credit will equal to one image download. If the customer finishes the 30 credits allocated during the trial period, and he wishes to continue using the service before the end of the trial period, the Customer can upgrade early to the full version of the service (monthly Pro Plan) using the payment form available inside his account.
When using the Website, one credit equals to one image generation or modification.
After the end of the trial period, the customer agrees to pay the monthly price of his chosend plan to the Website.
At any time, the Customer has the choice to unsubscribe or not to the full version of the Service.
If the Customer decides to unsubscribe from the service, the Customer has to use the unsubscription form available in the "Settings" section of his account before the end of the 48 hours trial period.
Any cancellation request made after the expiry of the said 48 hours period shall automatically lead to the Subscription being activated at the monthly price of the Customer's chosen plan, available on the Website pricing page.
It is understood that the subscription to the Service by the Customer, including for its 48 hours test version, implies full acceptance of the Terms and Conditions herein.
The duration of the Service provided by the Website to the Customer is the one specified in the Order Form or by default a duration of (1) one month from the expiry of the 48 hours test period.
The Service is tacitly renewable for the same duration unless the Customer cancels his subscription under the conditions of Article 17.
The Customer is informed that the Service will be automatically interrupted and deleted on the expiry date indicated in the Admin and by email if it has not been duly paid before the expiry date.
Invoices will be available by contacting us through the contact form on the contact page and in the Customer's account in the "Billing" section.
Users are allowed only one test account. Creating multiple accounts for testing purposes is strictly prohibited. Users who have previously benefited from our trial offer are not eligible to create another test account to avail of the trial again.
In the event that a user creates an additional account after already benefiting from our trial offer in the past, the user will be immediately debited for the full monthly price of his/her plan.
We reserve the right to terminate accounts that violate our one test account policy and take appropriate legal action if necessary.
8. Refund Policy
Under the European law, we inform you that you have an automatic statutory right of withdrawal from contracts for purchases of digital content, such as apps, web applications, games, or other media such as movies or music.
However, when you purchase or subscribe to digital content with the Website, you agree that the digital content will be available to you immediately, and you acknowledge that, as a result, you waive your automatic statutory right of withdrawal. Therefore, the Client will not be eligible for a refund (or any alternative remedy) unless the digital content is defective, unavailable or doesn't perform as stated.
To request a refund, the Client may contact the Website using the website contact form. In the case that a refund request is accepted, the refund will be issued as soon as the claim is accepted, usually, the re-crediting of these sums is effective less than 10 days after acceptance of the claim. All refunds will be issued to the same card that was used for the payment, without exeptions.
9. Disputes of Payments
Any request for cancellation of payment will be contested by the Website. This contestation will be accompanied by the evidence in our possession.
In order to simplify the settlement of complaints through civil proceedings and to reduce costs, the Company does not exclude the possibility of submitting to an Equity Arbitration of the Court of Arbitration of the Chambers of Commerce and Industry.
In this regard, and according to the applicable regulations, the Company informs you of the existence of a European online platform for resolving disputes which enables these disputes to be settled out-of-court for contracts concluded online between consumers and Internet service providers. You may access this platform through the following webpage: http://ec.europa.eu/odr
10. Intellectual Property
Unless otherwise indicated, all of the content featured or displayed on the Site, including, but not limited to, text, graphics, data, photographic images, moving images, sound, illustrations, software, and the selection and arrangement thereof (“the Website Content”), is owned by the Website, or its licensors.
All elements of the Site, including the Website Content, are protected by copyright, trade dress, moral rights, trademark and other laws relating to the protection of intellectual property. We also appreciate any feedback or other suggestions about our services that you may submit to us, but you understand that we may use such feedback or suggestions without any obligation to compensate you for them.
11. Copyright Infringement Policy
In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable laws, the Website has adopted a policy of terminating, in appropriate circumstances and at the Website's sole discretion, account holders who infringe the intellectual property rights of the Website or any third party.
12. Hyperlinks
the Website makes no claim or representation regarding, and accepts no responsibility for, directly or indirectly, the quality, content, nature or reliability of third-party websites accessible by hyperlink from the Site, or websites linking to the Site.
Such sites are not under the control of the Website and the Website is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. the Website provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by the Website of any site or any information contained therein.
When you leave the Site, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data-gathering practices, of any site to which you navigate from the Site.
Your participation, correspondence or business dealings with any third party found on or through the Site, regarding the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party.
You agree that the Website shall not be responsible or liable for any loss, damage or other matters of any sort incurred as the result of any such dealings
13. Non-renunciation of the Terms and Conditions
The fact that one of the Parties to these General Terms and Conditions of Sale has not required the application of any clause whatsoever, whether permanently or temporarily, shall under no circumstances be considered as a waiver of that Party's rights arising from the said clause.
14. Nullity of the Terms and Conditions
If one or more provisions of these General Terms and Conditions of Sale are held to be invalid or declared as such in the application of a law, a regulation or following a decision that has become final by a competent court, the other provisions of these General Terms and Conditions of Sale shall retain all their force and scope. If necessary, the Website undertakes to delete and replace the said clause immediately with a legally valid clause.
15. Termination of the Agreement
In the event of termination for any reason whatsoever or the expiry of this Agreement, the Customer shall be responsible for the recovery of all the Data belonging to him before the end of the term of the Agreement - at the latest 24 hours before the end of the term. Failing this, these elements will only be accessible in paid consultation mode.
16. Indemnification
You agree to defend, indemnify and hold harmless the Website and the Company, its operators, directors, subsidiaries, affiliates, licensors, employees, agents, third party information providers and independent contractors against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to any User Content that you post, store or otherwise transmit on or through the Site, your conduct, your use or inability to use the Site, your breach or alleged breach of the Site Terms or of any representation or warranty contained herein, your unauthorized use of the the Website Content, or your violation of any rights of another
17. Disclaimer
The Website and the Company will not be liable for any damages of any kind arising from the use of the Website or the Website content, or the unavailability of the same, including, but not limited to lost profits, and direct, indirect, incidental, punitive and consequential damages.
The functions embodied on or in the materials of this site are not warranted to be uninterrupted or without error. We make no warranty that the Website or its content is free from infection by viruses or anything else that has contaminating or destructive properties.
The Website uses reasonable efforts to ensure the accuracy, correctness and reliability of the its Content, but we make no representations or warranties as to the Website Content’s accuracy, correctness or reliability.
The Website explicitly disclaims any responsibility for the content or availability of information contained in our search index or directory. the Website also disclaims any responsibility for the completeness or accuracy of any directory or search result.
Some US states and foreign countries do not permit the exclusion or limitation of implied warranties or liability for certain categories of damages. Therefore, some or all of the limitations above may not apply to you to the extent they are prohibited or superseded by state or national provisions.
18. Limitation of Liability
In no event shall the Website or the Company, its directors, members, employees or agents be liable for any direct, special, indirect or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of the Site, the services, the the Website content or the materials contained in or accessed through the Site, including without limitation any damages caused by or resulting from reliance by user on any information obtained from the Website, or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorized access to the Website' records, programs or services.
In no event shall the aggregate liability of the website, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of the site exceed any compensation you pay, if any, to the website for access to or use of the site.
19. Legal Venue and Jurisdiction
This agreement shall be exclusively regulated and governed by the Laws of Malta and any dispute arising between the parties from any matter related or otherwise connected to the use of the Website or to this agreement shall be subject to the exclusive jurisdiction of the Courts of Malta.
In the event of a dispute, the Client shall first contact the Company in order to obtain an agreement.
20. Contact
For any further clarification, incident or complaint, please contact us through:
- the contact form available on the Website
- by email: contact@bubbi.app
21. Privacy Policy
The Website is committed to protecting your privacy. Please refer to our privacy policy page for information on how we collect, use and disclose personal information.