Terms of Service

These Terms of Service govern your use of the Baluu app, our website located at https://www.baluu.app, and any related services provided by AutoSequenceStart UG.

When you create an Baluu account or use Baluu, you agree to abide by these Terms of Service and to comply with all applicable laws and regulations. If you do not agree with these Terms of Service, you are prohibited from further using the app, accessing our website, or using any other services provided by AutoSequenceStart UG.

If you access or download Baluu from (1) the Apple App Store, you agree to any Usage Rules set forth in the App Store Terms of Service; and/or (2) the Google Play Store, you agree to the Android, Google Inc. Terms and Conditions including the Google Apps Terms of Service.

We, AutoSequenceStart UG, reserve the right to review and amend any of these Terms of Service at our sole discretion. Upon doing so, we will update this page and notify you through the app and/or the email address you provided when you created your account. Any changes to these Terms of Service will take effect immediately from the date of publication.

These Terms of Service were last updated on 17 February 2022.

Limitations of Use

By using Baluu and our website, you warrant on behalf of yourself, any entity who you represent who has entered into these Terms of Service, and your users that you will not:

1. modify, copy, prepare derivative works of, decompile, or reverse engineer Baluu or any materials and software contained within Baluu or on our website;
2. remove any copyright or other proprietary notations from Baluu or any materials and software contained within Baluu or on our website;
3. transfer Baluu or any of its associated materials to another person or “mirror” the materials on any other server;
4. knowingly or negligently use Baluu or any of its associated services in a way that abuses or disrupts our networks or any other service AutoSequenceStart UG provides;
5. use Baluu or its associated services to transmit or publish any harassing, indecent, obscene, fraudulent, or unlawful material;
6. use Baluu or its associated services in violation of any applicable laws or regulations;
7. use Baluu to send unauthorized advertising or spam;
8. harvest, collect, or gather user data without the user’s consent; or
9. use Baluu or its associated services in such a way that may infringe the privacy, intellectual property rights, or other rights of third parties.

Intellectual Property

The intellectual property in the materials in Baluu and on our website are owned by or licensed to AutoSequenceStart UG. You may download Baluu, to view, use, and display the application on your mobile device for your personal use only.

This constitutes the grant of a license, not a transfer of title. This license shall automatically terminate if you violate any of these restrictions or these Terms of Service, and may be terminated by AutoSequenceStart UG at any time.

User-Generated Content

You retain your intellectual property ownership rights over content you submit to us for publication within Baluu and/or on its corresponding website. We will never claim ownership of your content, but we do require a license from you in order to use it.

When you use Baluu or its associated services to post, upload, share, or otherwise transmit content covered by intellectual property rights, you grant to us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to use, distribute, modify, run, copy, publicly display, translate, or otherwise create derivative works of your content in a manner that is consistent with your privacy preferences and our Privacy Policy.

The license you grant us can be terminated at any time by deleting your content or account. However, to the extent that we (or our partners) have used your content in connection with commercial or sponsored content, the license will continue until the relevant commercial or post has been discontinued by us.

You give us permission to use your username and other identifying information associated with your account in a manner that is consistent with your privacy preferences, and our Privacy Policy.

Baluu maintains a zero tolerance policy regarding objectionable content. Objectionable content may not be uploaded or displayed to the extent such content includes, is in conjunction with, or alongside any, Objectionable Content. Objectionable Content includes, but is not limited to:

1. sexually explicit materials;
2. obscene, defamatory, libelous, slanderous, violent and/or unlawful content or profanity;
3. content that infringes upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary right, or that is deceptive or fraudulent;
4. content that promotes the use or sale of illegal or regulated substances, tobacco products, ammunition and/or firearms; and

Any user can flag content they deem objectionable for review. Content deemed to be objectionable will be removed within 24 hours. User accounts which have been confirmed responsible for posting objectionable content will be removed from the Baluu app.

Content Policy

We strive to create a safe and enjoyable environment for all users. Our Content Policy outlines the rules and guidelines regarding the types of content that are allowed on our platform. By using the Baluu app, you agree to adhere to this policy. Failure to comply may result in the removal of content, suspension, or termination of your account. Please read this policy carefully:

1. Prohibited Content:

   1. Nudity and Sexual Content: Users are strictly prohibited from posting or sharing any explicit or pornographic content, including nudity, sexually explicit images or videos, or any other material of a sexual nature.
   2. Criminal or Illegal Activities: Users are prohibited from promoting, endorsing, or engaging in any form of illegal activities, including but not limited to, drug use, violence, harassment, hate speech, terrorism, or any other criminal behavior.
   3. Hate Speech and Discrimination: Users must not post content that promotes or incites hatred, discrimination, or harm towards individuals or groups based on race, ethnicity, religion, gender, sexual orientation, disability, or any other characteristic.
   4. Violence and Graphic Content: Users must not share violent or graphic content that may be distressing, including but not limited to, explicit depictions of violence, gore, self-harm, or animal cruelty.
   5. Copyright Infringement: Users should not post or share copyrighted material, including text, images, videos, or any other content without proper authorization or legal ownership.
   6. Spam and Malicious Activities: Users must not engage in spamming, phishing, spreading malware, or any other activity that may disrupt the platform or harm other users.

2. User Responsibility:

   1. User-generated Content: Users are solely responsible for the content they post, share, or distribute on Baluu. Ensure that your content complies with this policy and does not violate any local, national, or international laws.
   2. Reporting Inappropriate Content: Users are encouraged to report any content that violates this policy or is deemed inappropriate. Baluu reserves the right to investigate and take appropriate action against reported content.
   3. Age Restrictions: Baluu is intended for users aged 18 years and above. Users below the age of 18 must obtain parental consent to use the app.

3. Enforcement and Consequences:

   1. Content Removal: Baluu reserves the right to remove any content that violates this policy without prior notice.
   2. Account Suspension or Termination: Users who repeatedly violate this policy may face temporary or permanent suspension or termination of their Baluu account.
   3. Legal Action: In cases where content violates applicable laws or regulations, Baluu may cooperate with law enforcement authorities and provide necessary information for legal proceedings.

4. Modifications to the Policy:

   1. Baluu reserves the right to modify or update this Content Policy at any time. Users will be notified of any significant changes via the app or other appropriate means. Please note that this Content Policy is not exhaustive, and Baluu retains the right to take action against any content or behavior that is deemed inappropriate or harmful to the community, even if not explicitly mentioned in this policy.
   
   If you have any questions or concerns regarding this Content Policy, please contact us.

Automatic Updates

You give us permission to download and install updates to Baluu on your device in accordance with your privacy preferences. This permission can be revoked at any time by deleting Baluu from your device.

Liability

Baluu and the materials in Baluu and on our website are provided on an 'as is' basis. To the extent permitted by law, AutoSequenceStart UG makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property, or other violation of rights.

In no event shall AutoSequenceStart UG or its suppliers be liable for any consequential loss suffered or incurred by you or any third party arising from the use or inability to use Baluu, our website, or any other services provided by AutoSequenceStart UG or the materials in Baluu, even if AutoSequenceStart UG or an authorized representative has been notified, orally or in writing, of the possibility of such damage.

In the context of this agreement, “consequential loss” includes any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity, or otherwise.

Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

Accuracy of Materials

The materials appearing in Baluu or on our website are not comprehensive and are for general information purposes only. To the extent permitted by law, AutoSequenceStart UG does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials in Baluu or on our website, or otherwise relating to such materials or on any resources linked to Baluu and our website.

Links

AutoSequenceStart UG has not reviewed all of the sites linked to Baluu or on its corresponding website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement, approval, or control by AutoSequenceStart UG of the site. Use of any such linked website is at your own risk and we strongly advise you make your own investigations with respect to the suitability of those sites.

Notice regarding Apple

To the extent that you are using or accessing Baluu on an iOS device, you acknowledge and agree to the terms of this clause. You acknowledge that these Terms of Service are between you and AutoSequenceStart UG only, not with Apple Inc. (Apple), and Apple is not responsible for Baluu and any materials available in Baluu.

Apple has no obligation to furnish you with any maintenance and support services with respect to Baluu.

If Baluu fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price of the mobile application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to Baluu and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be our responsibility.

Apple is not responsible for addressing any claims by you or any third party relating to Baluu or your use of Baluu, including but not limited to (1) product liability claims; (2) any claim that our mobile application fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation.

Apple is not responsible for the investigation, defence, settlement, and discharge of any third-party claim that our mobile application infringes that third party's intellectual property rights.

You agree to comply with any applicable third-party terms when using Baluu, including any Usage Rules set forth in the Apple App Store Agreement of Service.

Apple and Apple's subsidiaries are third-party beneficiaries of these Terms of Service, and upon your acceptance of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you as a third-party beneficiary of these Terms of Service.

You hereby represent and warrant that (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.

Right to Terminate

We may suspend or terminate your Baluu account and right to use Baluu and these Terms of Service immediately upon written notice to you for any breach of these Terms of Service.

Severance

Any term of these Terms of Service which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity of the remainder of these Terms of Service is not affected.

Governing Law

These Terms of Service are governed by and construed in accordance with the laws of Germany. You irrevocably submit to the exclusive jurisdiction of the courts in that State or location.