WELCOME TO PIBOCO!
THE FOLLOWING TERMS AND CONDITIONS (HERINAFTER “TERMS”) SET FORTH THE
LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE PIBOCO
SO PLEASE, CHECK OUT THESE TERMS BEFORE YOU ENTER OUR AMAZING WORLD
OF DIGITAL PICTURE BOOKS – CAREFULLY SELECTED FROM AROUND THE WORLD!
PIBOCO (hereinafter “PIBOCO”, “we” or “us”) is an international online platform that enables users (hereinafter “you” or “your”) to purchase a subscription service for digital picture books of high-quality digital content for children (hereinafter the “Service”) via our mobile application (hereinafter the “App”).
Our address is Kompagnistræde 16, 3rd floor, 1208 Copenhagen K, and the owner is PIBOCO ApS, CVR-no.: 39818566. You may contact us at firstname.lastname@example.org.
YOUR SUBSCRIPTION TO OUR APP AND ONLINE CANCELLATION
You can subscribe to our App through a platform operated by a third party e.g. App Store, Google Play, etc. (hereinafter “Mobile Platform”). Subscription is monthly and your payment will be charged at your Mobile Platform account at the confirmation of your subscription. Your payment may be processed by third parties acting on our
behalf, or by the Mobile Platform.
Please note, that your subscription will automatically renew for the same price and period. Subscription will be charged in advance unless you deactivate/turn off the auto-renew on the Mobile Platform (Apple App Store, at least 24-hours before the end of the current subscription period and Google Play, at any time before the end of the subscription period). You can find further information on cancelling and any associated refunds on Mobile Platform which also may contain certain additional terms, conditions and requirements.
You are responsible for updating your payment information. If payment cannot be deducted from your Mobile Platform account, you will not be able to use the App until payment has been executed.
Your subscription to our App may, from time to time, begin with a free trial period offered through the Mobile Platform for a fixed period of time. The trial period is intended to allow you to view our amazing collection of digital picture books before deciding whether or not to subscribe.
You are free to cancel a free-trial subscription at any time via the subscription setting in your Mobile Platform account. Please note that your free-trial subscription will automatically renew as a paid subscription unless (a) auto-renew is turned off at least 24 hours before the end of the free-trial subscription period (Apple) or (b) you cancel before the end of the trial period (Google).
USE OF OUR APP
By installing and using the App on your smartphone, tablet or another mobile device (hereinafter “Device”), you acknowledge that:
i) you have read, understood and agree to be bound by the Terms and agree to comply with all applicable laws and regulations regarding your use of the App. If you do not agree with our Terms, please do not
download, install, access or use the App;
ii) payments will be charged to your Mobile Platform account at confirmation of purchase and the subscription will automatically renew unless you deactivate the auto-renew or cancel to such subscription before the end of your subscription period;
iii) you are the owner of or otherwise legally use the Device and are at least 16 years of age. If you are under the age of majority, you agree that your legal guardian has reviewed and agreed to these Terms;
iv) our App download/purchase is downloaded through a platform operated by a Mobile Platform, which may contain certain additional terms, conditions and requirements that constitute a part of the Terms;
v) you will not use our App for any illegal, immoral, unlawful and/or unauthorized purpose.
OUR LICENSE TO YOU
We grant you a personal, revocable, non-exclusive, non-transferable, nonsublicensable, license to download, access and use the App and the Content (as defined below) solely for personal, non-commercial purposes as permitted by these Terms and intended by us through the normal functionality of the App. This license to you will automatically terminate if you violate these Terms. Except for the foregoing limited license, no right, title or interest is transferred to you.
OWNERSHIP; RESTRICTIONS ON USE
All right, title, and interest in and to the App is and will remain the exclusive property of PIBOCO and its licensors. The content on the App, including without limitation, books, text, software, graphics, photos, sounds, music, videos, interactive features and the like (“Content”) and the PIBOCO word mark and design mark, as well as certain other of the names, logos, and materials displayed on or through the App that constitute trademarks, tradenames, service marks or logos ("Marks") are owned by or licensed to PIBOCO and are subject to copyright, trademark, and other intellectual property rights.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any purposes the App or any portion of the App, including, without limitation, Content and Marks, except as authorized by these Terms or as otherwise authorized in writing by us or our applicable licensors. You also agree to view Content (including but not limited to books and videos) as made available through the App only in geographic locations where we offer the App and have licensed such Content. The App is provided for your personal, non-commercial use only. You must abide by all copyright notices, information, or restrictions contained in or associated with any content.
REMOVAL OF OUR APP
Removal methods vary depending on your Device. To uninstall and remove our App, please use the application manager provided with your Device or consult your Device manual for reference.
We may amend the subscription prices on an ongoing basis. Price increases will be notified through the Mobile Platform, e.g. in App Store you will be asked to agree to the new price, otherwise the auto-renewal feature will be disabled. In case of Google Play, a notice will be sent to you and the increase will apply to the next payment due,
provided that you have been given at least 10 days’ prior notice before the charge is made. If you are given less than 10 days’ prior notice, the price increase will not apply until the payment after the next payment due.
We aim to make our App available to all users. However, we make no representation that our App can be used and accessed on any Device. You should make sure before download, that our App is functional on your Device and available in your preferred language.
AVAILABILITY AND ACCESS TO THE SERVICE
We want the App to be accessible to as many people as possible, and therefore make the most of the fact that the primary features are always available with the most widely used mobile platform providers. As far as possible, we endeavour to make the Service available all year, seven (7) days a week. However, there may be operational
disruptions due to technical conditions with us or our subcontractors.
We cannot therefore guarantee that the App will always be free of errors or interruptions. If errors or omissions are found or interrupted in the App, we have the right to remedy them without any breach of these Terms. We also have the right, within reasonable limits, to close the App, e.g. to perform upgrades and maintenance.
LIABILITY AND LIMITATION OF LIABILITY
Subject to the limitations set out in these Terms, we are liable for damages in accordance with the general rules of Danish law. Unless there is gross negligence or continuation on our part, however, we are never
liable for any financial consequential loss, operating loss, lack of savings, lost profits, goodwill, image, data loss or indirect loss. In any case, our obligation to pay compensation is limited to the lower of (i) an amount
equal to DKK 25,000 or (ii) to your payments for the Service in the preceding 12 months.
These Terms is subject to Danish Law and must be interpreted in accordance with Danish law.
ADDITIONAL TERMS FOR APPLE IOS APPLICATIONS
The following additional terms are required by Apple:
The following applies to you if you downloaded the App from the Apple App Store (“iTunes-Sourced Software”): You acknowledge and agree that (i) the license granted herein is limited to a non-transferable license to use the iTunes-Sourced Software on an iOS device that you own or control, as well as accessed and used by other accounts associated with you via Family Sharing or volume purchasing (as set forth in the Apple
App store Terms of Service) (ii) these Terms are solely between you and PIBOCO, not Apple Inc. (“Apple”), and that Apple has no responsibility for the iTunes-Sourced Software or content thereof, (iii) your use of the iTunes-Sourced Software must comply with Usage Rules established by Apple, including those set forth in the App Store Terms
of Service effective as of the date you enter into these Terms, and (iv) Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the iTunes-Sourced Software.
In the event of any failure of the iTunes-Sourced Software to conform to any applicable warranty, you may notify Apple, and Apple will refund you the purchase price you paid, if any, for the iTunes-Sourced Software. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the iTunes-Sourced Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms and any law applicable to PIBOCO as provider of the App.
PIBOCO and you acknowledge that PIBOCO, and not Apple, is responsible for addressing any claims relating to the iTunes-Sourced Software or your possession and/or use thereof, including, but not limited to: (i) product liability claims; (ii) any claim that the iTunes-Sourced Software fails to conform to any applicable legal or regulatory
requirement; and (iii) claims arising under consumer protection or similar legislation.
You acknowledge that, in the event of any third party claim that the iTunes-Sourced Software or your possession and use thereof infringes that third party’s intellectual property rights, PIBOCO, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
You acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms, and that, upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms against you as a third party beneficiary thereof. Without limiting other provisions hereof, you must comply with all applicable third party terms agreement when using the iTunes-Sourced Application.
If you have any questions or complaints, we are very interested to hear about it. You are therefore most welcome to contact us by written request by email at email@example.com.