Terms Of Use - Bimi Boo

TERMS OF USE

Effective Date: 24 July 2025

IMPORTANT NOTICE TO USERS

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OUR SERVICE. THESE TERMS CONTAIN IMPORTANT INFORMATION ABOUT YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. BY ACCESSING OR USING ANY OF OUR APPLICATIONS AND RELATED SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND OUR PRIVACY POLICY.

DEFINED TERMS

As used in these Terms, the following terms have the meanings set forth below:

“Apps” means all mobile applications developed and offered by Bimi Boo Kids Learning Games for Toddlers FZ-LLC.

“Company” (or “we,” “us,” or “our“) means Bimi Boo Kids Learning Games for Toddlers FZ-LLC, a company established under the laws of the United Arab Emirates, with its registered office at 1112, Bldg 03, Dubai Internet City, Dubai, United Arab Emirates.

“Content” means all text, images, photos, audio, video, graphics, features, data, software, and all other types of works that appear on or through the Service.

“In-App Purchases” means one-time purchases of digital content or features within our Apps.

“Service” means the Apps and any related services, websites, and products offered by the Company in connection with the Apps.

“Subscription” means any recurring payment plan offered within our Apps.

“Terms” means these Terms of Use.

“User,” “you,” or “your” means any person who accesses or uses the Service.

“User Content” means all content and information submitted by a User.

1. ACCEPTANCE AND BINDING AGREEMENT

1.1 LEGAL AGREEMENT

These Terms constitute a legally binding agreement between you and the Company governing your use of the Service. These Terms, together with our Privacy Policy and any other agreements expressly incorporated by reference herein, constitute the entire agreement between you and the Company regarding the Service.

1.2 USER REPRESENTATIONS

BY ACCESSING OR USING THE SERVICE, YOU REPRESENT AND WARRANT THAT YOU:

(a) Have read, understood, and agree to be bound by these Terms;
(b) Are of legal age to form a binding contract in your jurisdiction of residence; and
(c) Have the authority to enter into these Terms personally or on behalf of the entity you represent.

If you do not agree to these Terms, you may not access or use the Service.

1.3 PARENTAL CONSENT AND RESPONSIBILITY

If you are a parent or legal guardian permitting a child under 13 to use the Service:

(a) You hereby consent to your child’s use of the Service;
(b) You accept full responsibility for:

Monitoring your child’s use of the Service;
All activities occurring under your child’s account;
All charges incurred in connection with the account; and
Ensuring compliance with these Terms.

(c) You acknowledge that the Company may collect, use, and disclose certain personal information from children as described in our Privacy Policy, and you expressly consent to such collection, use, and disclosure.

1.4 MODIFICATIONS TO TERMS

The Company reserves the right, at its sole discretion, to:

(a) Modify these Terms at any time by posting the revised Terms on the Service;
(b) Change, suspend, or discontinue any aspect of the Service at any time, with or without notice; and
(c) Impose limits on certain features or restrict access to parts or all of the Service.

Your continued use of the Service following any modifications to these Terms constitutes acceptance of such changes. It is your responsibility to review these Terms periodically for changes. If you do not agree to the modified Terms, you must discontinue your use of the Service.

1.5 ELECTRONIC ACCEPTANCE

By accessing, downloading, or using the Service, you expressly acknowledge and agree that:

(a) You are entering into a legally binding agreement;

(b) Electronic acceptance constitutes valid and enforceable agreement;

(d) Electronic records and communications satisfy any legal requirement that such communications be in writing.

2. SUBSCRIPTION AND PAYMENT TERMS

2.1 GENERAL PAYMENT PROVISIONS

All payment transactions for Subscriptions and In-App Purchases are processed through third-party app distribution platforms (including but not limited to Apple App Store or Google Play).

Our applications are only available for download through official app distribution platforms (including but not limited to Apple App Store or Google Play). The source through which you purchase a subscription determines the applicable payment processor for all subsequent transactions. Users acknowledge and agree that all payment transactions and billing processes shall be governed by the terms and conditions of the applicable payment processor.

2.2 SUBSCRIPTION TERMS

2.2.1 App Store Subscription Terms

For Subscriptions purchased through third-party app distribution platforms (including but not limited to Apple App Store or Google Play):

(a) The subscription, billing, and cancellation terms of the applicable app distribution platform shall exclusively govern your Subscription.

(b) The app distribution platform, not the Company, is solely responsible for:

Processing all payments for Subscriptions
Managing subscription billing and renewals
Providing all notices regarding subscription renewals, price changes, or cancellation processes

(c) The Company cannot and does not directly manage, modify, or cancel subscriptions purchased through app distribution platforms. Any requests for refunds, billing disputes, or subscription modifications must be directed to the applicable app distribution platform.

(d) For information regarding automatic renewals, billing cycles, and cancellation policies for Subscriptions purchased through app distribution platforms, please refer to the respective platform’s terms of service and subscription policies.

IMPORTANT: Deleting or uninstalling the App from your device does not terminate or cancel your subscription. You must actively cancel your subscription through the applicable app distribution platform to stop recurring charges.

2.3 IN-APP PURCHASE TERMS

2.3.1 App Store In-App Purchases

For all In-App Purchases (which are exclusively available through third-party app distribution platforms):

(a) All In-App Purchases are final, subject to the refund policies of the applicable app distribution platform.

(b) In-App Purchases may be restored on compatible devices using the same app distribution platform account that made the original purchase.

(d) The Company cannot process refunds for In-App Purchases as these are managed solely by the applicable app distribution platform.

(e) Technical issues related to In-App Purchases must be directed to the relevant app distribution platform’s customer support.

(f) The Company reserves the right to modify, add, or remove In-App Purchase offerings at any time.

2.4 FREE TRIALS

If we offer a free trial subscription:

(a) You may be required to provide valid payment information to start the free trial;

(b) Your paid subscription will begin automatically at the end of the free trial period unless you cancel prior to the end of the trial period;

2.5 SUBSCRIPTION CHANGES

The Company reserves the right to:

(a) Change subscription fees and charges at any time, provided that any price changes will apply to renewal periods after the current subscription period; and

(b) Offer different subscription terms and plans to any user, including promotional offers and discounts.

(c) Modify the features, content, or services included in any subscription plan with reasonable notice to subscribers; and

(d) Discontinue any subscription plan upon providing reasonable notice to affected subscribers.

2.6 REFUND POLICY

2.6.1 App Store Purchases

For purchases made through third-party app distribution platforms (including but not limited to Apple App Store or Google Play):

(a) All refunds are governed by and must be requested through the respective app distribution platform’s refund policies and procedures.

(b) The Company has no ability to and cannot process refunds directly for purchases made through third-party app distribution platforms.

2.6.2 Non-Refundable Actions

The following actions do not automatically qualify you for a refund:

(a) Deleting your account

(b) Removing the Apps from your device

3. USER RIGHTS AND RESTRICTIONS

3.1 LICENSE GRANT

Subject to these Terms and your compliance with them, the Company grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to:

(a) Download, install, and use the Apps for your personal, non-commercial use on devices that you own or control; and
(b) Access and use the Service as permitted by these Terms.

This license does not grant you any right to use the Company’s trademarks, logos, domain names, or other distinctive brand features.

3.2 PROHIBITED ACTIVITIES

You expressly agree not to engage in any of the following prohibited activities:

(a) Use the Service for any illegal purpose or in violation of any local, state, national, or international law;

(b) Create duplicate accounts or register accounts using false or misleading information;

(d) Use any automated systems, software, or bots to access or interact with the Service;

(e) Attempt to circumvent any security measures or technological protection measures;

(f) Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Apps or any part of the Service;

(g) Submit false, misleading, or deceptive information or content;

(h) Interfere with or disrupt the proper operation of the Service or servers connected to the Service;

(i) Scrape, collect, or harvest any information from the Service;

3.3 ACCOUNT SECURITY

You are responsible for:

(a) Maintaining the confidentiality of your account credentials;
(b) Restricting access to your device and account;
(c) All activities that occur under your account; and
(d) Notifying us immediately at [email protected] of any unauthorized access to or use of your account or any other security breach.

The Company will not be liable for any loss or damage arising from your failure to comply with these security obligations.

3.4 TERMINATION BY USER

You may terminate your account at any time by contacting us at [email protected] to request account deletion.

Termination of your account does not automatically cancel any active subscriptions. You must separately cancel subscriptions as described in Section 2.2.

3.5 TERMINATION BY COMPANY

The Company reserves the right to suspend or terminate your access to the Service at any time, with or without cause, and with or without notice, at our sole discretion. Reasons for termination may include, but are not limited to:

(a) Violations of these Terms or other policies;
(b) Requests by law enforcement or other government agencies;
(c) Discontinuance or material modification of the Service; or
(d) Unexpected technical or security issues.

Upon termination, your right to use the Service will immediately cease, and we may delete or deactivate your account and all related information and files associated with it.

4. INTELLECTUAL PROPERTY RIGHTS

4.1 OWNERSHIP

The Company and its licensors own all right, title, and interest in and to:

(a) The Service, including all content, features, and functionality thereof;
(b) Company trademarks, service marks, trade names, logos, domain names, and other distinctive brand features;
(c) All intellectual property rights associated with the Service, including copyrights, patents, trade secrets, and proprietary rights.

Nothing in these Terms grants you any right, title, or interest in the Service or any content on the Service, other than the limited license expressly set forth in Section 3.1.

4.2 USER CONTENT

By submitting content to the Service, you:

(a) Retain your intellectual property rights;

(b) Grant the Company a worldwide, non-exclusive, royalty-free license to use, modify, and distribute such content for Service-related purposes;

4.3 FEEDBACK

If you provide the Company with any suggestions, comments, or other feedback regarding the Service (“Feedback”), you hereby assign to the Company all right, title, and interest in and to such Feedback, and the Company shall be free to use, disclose, reproduce, license, distribute, and exploit such Feedback as it sees fit, without any obligation or compensation to you.

5. PRIVACY AND DATA PROTECTION

5.1 PRIVACY POLICY

Your privacy is important to us. Our Privacy Policy, accessible at https://bimiboo.net/privacy-policy/ , is incorporated into these Terms by reference and forms a binding part of our agreement with you.

The Privacy Policy describes our data collection, processing, and usage practices, including how we handle children’s data and international transfers.

We strongly encourage you to read and understand the Privacy Policy, as it contains important information about your rights and our obligations regarding your personal information.

6. DISCLAIMERS AND LIMITATIONS

6.1 WARRANTY DISCLAIMER

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO:
(a) WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT;
(b) WARRANTIES REGARDING SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE; AND
(c) WARRANTIES THAT THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES.

6.2 EDUCATIONAL CONTENT DISCLAIMER

THE SERVICE MAY CONTAIN EDUCATIONAL CONTENT. SUCH CONTENT IS INTENDED FOR INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE CONSIDERED A SUBSTITUTE FOR PROFESSIONAL EDUCATIONAL ADVICE. THE COMPANY DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THIS EDUCATIONAL CONTENT.

6.3 LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

(a) THE COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES;
(b) IN NO EVENT SHALL THE COMPANY’S TOTAL LIABILITY TO YOU FOR ALL CLAIMS RELATED TO THE SERVICE EXCEED THE GREATER OF THE AMOUNT PAID BY YOU TO THE COMPANY FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.

6.4 EXCLUSIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN SECTIONS 6.1 AND 6.3 MAY NOT APPLY TO YOU.

6.5 BASIS OF THE BARGAIN

THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN THE COMPANY AND YOU.

7. GOVERNING LAW AND DISPUTE RESOLUTION

7.1 GOVERNING LAW AND FORUM

Subject to Section 7.2 regarding consumer protection, these Terms shall be governed by and construed in accordance with the laws of the United Arab Emirates as applied in the Emirate of Dubai, and any disputes shall be resolved exclusively by the courts of Dubai or through arbitration administered by the Dubai International Arbitration Centre (DIAC) in accordance with its Arbitration Rules. The arbitration shall be conducted in Dubai, United Arab Emirates, by a single arbitrator in the English language.

7.2 MANDATORY CONSUMER PROTECTIONS

Notwithstanding Section 7.1, if you are accessing the Service as a consumer, the mandatory consumer protection laws of your country of residence may apply, and you may bring claims in the courts of your country of residence if required by applicable law.

7.3 CLASS ACTION WAIVER

WHERE PERMITTED UNDER APPLICABLE LAW, YOU AND THE COMPANY AGREE TO RESOLVE DISPUTES INDIVIDUALLY AND WAIVE ANY RIGHT TO:

(a) Participate in a class, collective, or representative action or proceeding;

(b) Act as a private attorney general; or

7.4 LIMITATION PERIOD

ANY CAUSE OF ACTION OR CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED, EXCEPT WHERE PROHIBITED BY APPLICABLE LAW.

8. CONSUMER RIGHTS

8.1 CONSUMER PROTECTION RIGHTS

Depending on your country of residence, you may have certain consumer rights under applicable law, including rights related to:

(a) Data privacy and protection;

(b) Contract cancellation and cooling-off periods;

(d) Dispute resolution options.

For a detailed explanation of your specific rights regarding personal data and privacy, please refer to our Privacy Policy at https://bimiboo.net/privacy-policy/ , which is incorporated into these Terms by reference.

8.2 MANDATORY CONSUMER PROTECTION

Nothing in these Terms is intended to exclude, restrict, or modify any consumer rights that cannot be excluded, restricted, or modified by agreement under the laws of your country of residence.

9. CONFIDENTIALITY

You cannot use or disclose any confidential information relating to our business, users, operations and properties for any purpose without our express prior written authorization. You agree to take all reasonable measures to protect the secrecy of and avoid disclosure or use of our confidential information.

10. GENERAL PROVISIONS

10.1 ENTIRE AGREEMENT

These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference herein, constitute the entire agreement between you and the Company regarding the Service and supersede all prior and contemporaneous agreements, proposals, or representations, written or oral, concerning the subject matter.

10.2 SEVERABILITY

If any provision of these Terms is found to be invalid, illegal, or unenforceable under any applicable law, such provision shall be deemed modified to the minimum extent necessary to make it valid, legal, and enforceable. If such modification is not possible, that provision shall be severed from these Terms. The invalidity or unenforceability of any provision of these Terms shall not affect the validity or enforceability of any other provision of these Terms, which shall remain in full force and effect.

10.3 NO WAIVER

No failure or delay by the Company in exercising any right under these Terms shall constitute a waiver of that right. No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

10.4 ASSIGNMENT

(a) The Company may assign or transfer these Terms, in whole or in part, without restriction or notification.
(b) You may not assign or transfer these Terms or any rights or obligations hereunder without the Company’s prior written consent. Any attempted assignment in violation of this restriction will be void and without effect.

10.5 FORCE MAJEURE

The Company shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond the Company’s reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation, acts of God, terrorism, pandemic, natural disaster, labor disputes, or government intervention.

10.6 RELATIONSHIP OF THE PARTIES

Nothing in these Terms creates any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and the Company. You have no authority to make or accept any offers or representations on the Company’s behalf.

10.7 NOTICE

(a) To You: We may provide notices to you by:

(i) sending an email to the email address associated with your account;

(ii) posting a notice on the Service; or

(iii) any other method we choose and which is reasonable under the circumstances.

(b) To Us: You may provide notices to us by:

(i) contacting us at: [email protected]

(ii) sending postal mail to our registered address at 112, Bldg 03, Dubai Internet City

Dubai, United Arab Emirates; or

(iii) using any other contact method we explicitly designate for specific types of notices.

Please include your full name and account information in any communication.

10.8 SURVIVAL

All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

10.9 ELECTRONIC COMMUNICATIONS

You consent to receive communications from us electronically, and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

10.10 INTERPRETATION

The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms. The word “including” means “including, without limitation.”

10.11 LANGUAGE

These Terms are drafted in the English language. If these Terms are translated into any other language, the English version shall prevail to the extent of any inconsistency, unless prohibited by local law.

10.12 INDEMNIFICATION

You agree to defend, indemnify, and hold harmless the Company and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Service or your violation of these Terms.

10.13 CONTACT INFORMATION

For questions about these Terms, please contact us at:

Email: [email protected]
Postal Address: 1112, Bldg 03, Dubai Internet City, Dubai, United Arab Emirates

By using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use.

Bimi Boo