Terms of Use
These Terms of Service (the “Terms”) apply when you (“User”, “Users”) use Bear Room mobile application (the “App”) and all related services, features and content (collectively, the “Products”) offered by DŌBRA GPI UAB (registration code 306269277, address: Krokuvos str. 53-3, LT-09306 Vilnius, Lithuania) (“DŌBRA“, “we,” or “us”).
In addition to these Terms, we post our Privacy Policy (the “Privacy Policy”). We strongly recommend you to review Privacy Policy to learn how you can update, export, delete, and manage your data.
Effective: January 15, 2024.
AGREEMENT TO THE TERMS
These Terms govern your access to and use of the Products. By accessing or using the Products, you confirm that you have read these Terms, Privacy Policy and agreed to be bound by these Terms, Privacy Policy and all applicable laws, rules, regulations, or similar binding legal instruments. You may also be asked to click “I accept” previous to purchasing or accessing the Products. If you do not click “I accept”, you shall not be able to perform your purchase or access the Products.
The Terms constitute an agreement between you and DŌBRA regarding access to and use of the Products. If you do not wish to accept these Terms, you are required to stop using the Products.
THE PRODUCTS USE
Eligibility. To use the App, you need to be at least 16 years old . If you are below the legal age in your jurisdiction, you can only use the App if your parent or guardian agrees to our Terms. It is important to review these Terms together with them. If you are a parent or legal guardian of a User below the legal age in your jurisdiction, you are also bound by these Terms and responsible for monitoring and managing your child’s activities through the App.
Account registration and security. In order to access some of the Products, you should create an account. For registration an account it is essential to provide accurate, including personal, information, keep it updated, and ensure the security of your account. If you suspect any unauthorized use or breach of security, please promptly notify us via email at hello@dobra.world. You are responsible for all activities that occur in connection with your account, as permitted by applicable law. Unless we expressly agree otherwise, you should not create a new account if we have previously banned you or your account from any of the Products.
DŌBRA reserves the right, in its sole discretion, to refuse the creation of an account or to restrict access to certain content on the App.
SUBSCRIPTIONS
a) When you purchase a subscription for the Products that are available by subscription, the subscription will continue for the duration you select and automatically renew for another period unless canceled. By doing so, you give DŌBRA permission to charge your designated payment method at the start of each subscription period for the current price of your subscription, including any applicable taxes and fees as specified, unless you cancel as outlined in section (b). If we are unable to charge your payment method for the subscription, you will still be responsible for any outstanding amounts.
b) Cancellation: To avoid being charged for the next subscription period, you must cancel your subscription at least 24 hours before the current subscription period ends. However, if you purchased your subscription through a third-party, such as an app store, you need to cancel the renewal directly with that third-party. If you choose to cancel, you will not receive a refund for any fees already paid. However, you will still have access to the Products by the subscription until the end of your current subscription period, subject to these Terms.
c) Trial version: Some of our subscriptions include a trial period during which you can use the content of the App for free or at a reduced price (the “Trial”). At the end of the Trial, trial versions automatically change to paid subscription versions. If you do not want to be charged, you should cancel your subscription before the end of the Trial. Please read all terms and conditions carefully before signing up for the Trial.
d) Changes: We have the right to make changes to your subscription, which may include changes to the price. We will notify you in advance of any material changes, including price changes, to your subscription via the email address linked to your account or via in-Product message or message in your account in the App. If you do not agree to these changes, you have the option to cancel your subscription as outlined in section (b).
PAYMENT TERMS
(a) Your usage of the Products may require payment of fees. We have the right to determine the pricing for the Products. The fees you are responsible for may vary based on different factors. We will make reasonable efforts to keep the pricing information on our Products accurate and up-to-date.
(b) Payment method: When you buy a subscription or any other item through the Products, it is necessary to provide a payment method that is accurate and up-to-date and meets our requirements. By doing so, you give DŌBRA permission to charge your designated payment method for any purchases, including the current price along with any applicable taxes and fees specified. We may update your stored payment method using information from our payment service providers. After any update, you authorize us to continue charging the relevant payment method(s). You are responsible for any additional charges imposed by your payment method provider.
(c) You are responsible for all applicable fees and charges, including taxes. Before making any payments, you will have the opportunity to review and accept the fees that will be charged. To access the Products, you may need to provide your payment information. You agree to notify DŌBRA of any changes to your payment method while there are any outstanding payments. You authorize DŌBRA or a third-party payment processor to charge all fees, including taxes, for the Products to the designated payment method. If you pay with a credit card, we (or a third-party payment processor) may seek pre-authorization from your credit card issuer to verify the card’s validity and available funds or credit.
(d) During your use of the Products, DŌBRA and its third-party payment processor may receive and use updated credit card information from your credit card issuer to prevent any interruptions in your subscription caused by an outdated or invalid card. This information is shared with DŌBRA and the payment processor solely based on your credit card issuer’s decision. Your credit card issuer may provide you with the option to opt-out of this update service. If you wish to do so, please contact your credit card issuer. You agree not to hold us responsible for any banking charges incurred due to payments on your account.
(e) Refunds: You will not have the right to receive a refund for any amounts paid to us unless otherwise required by applicable law.
CONTENT OWNERSHIP AND IP RIGHTS
Ownership of the Products. With the exception of the limited license rights granted under these Terms, DŌBRA and its licensors are the exclusive owners of all rights, titles, and interests in the Products, including all text, graphics, images, audio, video, or other materials provided through the Products, as well as any associated intellectual property rights. You acknowledge that the Products are protected by intellectual property rights and other applicable laws. You are not allowed to remove, change, or hide any copyright, trademark, service mark, or other proprietary rights notices that are included with or accompany any part of the Products. Additionally, you are prohibited from reproducing, distributing, modifying, creating derivative works, publicly displaying or performing, republishing, downloading, storing, or transmitting any part of the Products, unless it is necessary for your authorized use of the Products.
Trademarks. You are not allowed to copy, imitate, or use any of DŌBRA’s trademarks, including but not limited to DŌBRA and its affiliates, as well as DŌBRA’s logos, product and service names, including App, slogans, and the overall appearance of the Products, without obtaining prior written permission from DŌBRA. Just because a trademark is not listed here does not mean that DŌBRA waives its rights to that trademark or other intellectual property rights. Any third-party trademarks mentioned on the Products belong to their respective owners. Any reference to products, services, processes, or other information by trade name, trademark, manufacturer, supplier, or in any other way does not imply endorsement, sponsorship, or recommendation by DŌBRA.
Limited license. In accordance with these Terms, DŌBRA grants you a restricted, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and utilize the Products solely for your personal, non-commercial purposes (unless otherwise permitted by DŌBRA in writing, such as during a trial or test period). Additionally, DŌBRA grants you a limited, non-exclusive, non-transferable, and non-sublicensable license to download and install any mobile app distributed by DŌBRA through an App Store on a mobile device that you own or control. Any use of the Products beyond what is specifically authorized herein, without our prior written consent, is strictly prohibited, will result in termination of the granted license, and will infringe upon our intellectual property rights. Depending on your mobile device settings, you authorize us to automatically install updates to any of our mobile apps.
User Content ownership. Except for the license you grant below, DŌBRA does not claim ownership rights over any messages, images, text, or other content posted by Users through the Products, including any content you post on social media platforms that tags a DŌBRA account or uses a hashtag incorporating a DŌBRA trademark (collectively referred to as “User Content”). User Content does not include any portion of the Products included in your User Content. These Terms do not restrict any mandatory rights you may have to use and exploit your User Content, as determined between you and DŌBRA.
License granted to DŌBRA. By making any User Content available to DŌBRA, you hereby grant DŌBRA a non-exclusive, transferable, sublicensable, worldwide, royalty-free license to use, store, publish, translate, reproduce, adapt, copy, modify, create derivative works, publicly display, publicly perform, and distribute your User Content, as well as any provided name, username, or likeness associated with your User Content, in all media formats and channels currently known or developed in the future, for the purpose of operating, marketing, and providing the Products, without any compensation to you. To the extent permitted by applicable laws, you also waive any moral or special rights in this regard. When you post or share User Content through the Products, you understand that it may be visible to others. You represent and warrant that your User Content, and our use of such content as permitted by these Terms, will not violate any rights or cause harm to any individual or entity.
Third-party Content. The Products may include details and links to products, services, websites, resources, activities, or events offered by third parties, and we may permit third parties to share their content and information on or through the Products (collectively referred to as “third-party Content”). We offer third-party Content solely for convenience and do not have control over or endorse, nor do we provide any representations or warranties regarding any third-party Content. To the extent permitted by applicable laws, you acknowledge that you are solely responsible for and assume all risks associated with accessing and using such third-party Content.
PROHIBITED USE OF THE PRODUCTS
When using the Products, you agree to refrain from the following actions:
(a) Replicating, storing, reproducing, transmitting, modifying, altering, reverse-engineering, emulating, decompiling, or disassembling the Products in any manner, or creating derivative works based on them.
(b) Utilizing the Products (or any part thereof) to develop tools or software products that can be used to create software applications of any kind.
(c) Uploading, posting, emailing, or transmitting any material that contains software viruses or any other computer code, files, or programs intended to interrupt, harm, damage, destroy, or limit the functionality of any computer software, hardware, or equipment associated directly or indirectly with the Products.
(d) Interfering with the servers or networks underlying or connected to the Products, or violating any procedures, policies, or regulations of networks linked to the Products.
(e) Accessing the Products in an unauthorized manner, including violating any local, national, or international laws.
(f) Evading any territorial restrictions imposed on the Products.
(g) Engaging in any fraudulent activity, including impersonating another person or entity while using the Products.
(h) Behaving offensively while using the Products, such as engaging in bullying, harassment, hate speech, or making degrading comments related to race, religion, culture, sexual orientation, gender or identity, age, disability, or serious disease.
(i) Using the Products for any illegal, immoral, or harmful purposes, including unlawful activities, harassment, libel, invasion of privacy, abuse, threats, or obscene actions.
(j) Renting, leasing, loaning, making available to the public, selling, distributing, or using the Products (in whole or in part) except for personal use.
(k) Using the Products for scientific research, analysis, or evaluation without the express written consent of DŌBRA.
(l) Violating or encouraging others to violate any third-party rights, including infringing or misappropriating any third-party intellectual property rights.
(m) Selling or transferring access granted under these Terms or any right or ability to view, access, or use any Products.
(n) Attempting or assisting others in engaging in any acts described in this section or any other acts prohibited by these Terms.
If we determine that you are engaging in inappropriate behavior or violating any provisions or these Terms, we have the right to terminate your access to the Products immediately. By violating the terms in this section, you may also be committing a crime according to the applicable laws. We may report any such violations to the authorities and cooperate with them by revealing your identity. If a violation occurs, your right to use our Products will be terminated immediately. Additionally, if we believe that you pose a serious threat to yourself, others, or property, we may contact emergency services.
WARRANTIES AND DISCLAIMERS
Medical disclaimers. The Products provided are solely for informational purposes and should not be considered as a means to diagnose, prevent, or treat any condition or disease, or considered health care, a medical device, or considered medical advice. They are not intended to replace professional medical care.
DŌBRA is not a licensed medical care provider and does not have the expertise to diagnose, examine, or treat any medical conditions or prescribe treatments. We are also not obligated to provide emergency services or contact you or anyone else regarding your medical condition or treatment.
DŌBRA cannot guarantee the accuracy, reliability, effectiveness, or proper use of any of the Products.
It is important to consult a medical professional if you have any questions or concerns about a medical condition. You should never ignore or delay seeking professional medical advice based on information you have read or received through the Products.
Not all activities described in the Products are suitable for everyone. It is advised not to use the Products while driving, operating heavy machinery, or performing tasks that require focus and concentration. You are solely responsible for your use of the Products.
Warranty. Your use of the Products is solely at your own risk. Unless otherwise stated in writing by us and to the extent permitted by applicable laws, the Products are provided “as is” and “as available” without any warranties, whether express or implied. We explicitly disclaim any warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising from the course of dealing or usage of trade. Please note that some jurisdictions may not allow the exclusion of implied warranties or limitations on consumer rights granted by applicable laws, so the exclusions and limitations in this section may not apply to you.
We do not guarantee that the Products will meet your requirements or be uninterrupted or error-free. We do not provide any warranty regarding the quality, accuracy, timeliness, truthfulness, completeness, or reliability of the Products. As permitted by applicable law, you assume all risks related to the quality and performance of the Products.
LIABILITY
Limitation of liability. To the maximum extent permitted by applicable law, neither DŌBRA nor any other party involved in providing the Products will be held liable for any incidental, special, exemplary, or consequential damages. This includes, but is not limited to, lost profits, loss of data or goodwill, service interruption, computer damage or system failure, or the cost of obtaining substitute products/services. These damages may arise from these Terms or from the use or inability to use the Products, regardless of whether they are based on warranty, contract, negligence, product liability, or any other legal theory. Please note that some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.
Unless prohibited by applicable law, DŌBRA’s total liability arising from these Terms or from the use or inability to use the Products will not exceed the amounts you have paid to DŌBRA for using the Products. The exclusion and limitation of damages stated above are essential aspects of the agreement between DŌBRA and you.
Indemnity. To the maximum extent allowed by the law, you agree to protect, defend, and release DŌBRA and its officers, directors, partners, employees, and agents (collectively referred to as “DŌBRA Parties”) from any claims, disputes, demands, liabilities, damages, losses, and expenses, including reasonable legal and accounting fees, that arise from or are related to: (a) your use of the Products; (b) your User Content or feedback; (c) your violation of these Terms; (d) your infringement of someone else’s rights, including intellectual property or privacy rights; or (e) your behavior in connection with the Products. You will promptly inform DŌBRA Parties of any third-party claims, cooperate with them in defending such claims, and cover all costs associated with defending those claims, including attorney fees. You also acknowledge that DŌBRA Parties have the choice to control the defense or settlement of any third-party claims. This indemnification clause is in addition to any other indemnities stated in a written agreement between you and DŌBRA or other DŌBRA Parties.
MODIFICATION TO THE TERMS
DŌBRA has the right to make changes to the Terms or add new terms and conditions by posting the revised Terms on the applicable Product or providing additional notice (like by email or via in-Product message) in order to improve its processes and operations. By using the Products after any changes have been made, you agree to abide by the updated Terms. DŌBRA encourages you to regularly check the Terms to stay informed.
SUSPENSION OR TERMINATION
DŌBRA has the authority to decide, at its own discretion, to discontinue providing access to the Products either permanently or temporarily, without prior notice and without any responsibility or cost to DŌBRA.
If DŌBRA encounters technical issues with the Products, there may be a period where you are unable to access the Products, your account information, or complete transactions. DŌBRA will make reasonable efforts to inform you when the problem will be resolved, but there are no guarantees about when the Products will be restored. Any timing guidance provided during technical difficulties should be considered as a rough estimate and should not be relied upon.
APPLICABLE LAW
The substantive law of the Republic of Lithuania is applicable to these Terms and any action related thereto.
Any disputes arising out of or in connection with the Terms not resolved by means of negotiations, shall be resolved in Vilnius Court of Commercial Arbitration.
MISCELLANEOUS
These Terms, along with any additional terms included, represent the entire agreement between DŌBRA and you regarding the Products. They replace any previous oral or written agreements between DŌBRA and you concerning the Products.
If any part of these Terms is found to be unlawful, invalid, or unenforceable, that part will be enforced to the maximum extent allowed by law. It will be considered separate from these Terms, and the other provisions will remain in effect.
These Terms, along with any related documents and communications, are in English. Translations provided are for convenience only.
You cannot assign or transfer your rights or obligations under these Terms without prior written consent from DŌBRA. Any attempt to do so without consent will be invalid. DŌBRA, on the other hand, can freely assign or transfer its rights and obligations. These Terms will still apply to both parties, their successors, and permitted assigns.
DŌBRA’s failure to enforce any right or provision in these Terms does not mean it waives that right or provision. Waivers are only valid if in writing and signed by an authorized representative of DŌBRA. Except as explicitly stated in these Terms, exercising remedies under these Terms will not affect other remedies available to either party.
CONTACTS
If you have questions about these Terms or the Products, please contact by email at hello@dobra.world.