Terms of Service

Last Updated: April 4, 2025

Welcome to BeRoomie ("we," "us," or "our"). These Terms of Service ("Terms") govern your access to and use of our mobile application ("App") and website ("Site"). By accessing or using our services, you agree to be bound by these Terms.

1. Acceptance of Terms

By creating an account or using our services, you confirm that you accept these Terms and our Privacy Policy and agree to comply with them. If you do not agree, please do not use our services.

2. Eligibility

Compliance: By using our services, you represent and warrant that you will comply with all applicable laws and regulations.

3. Subscription & Payment

a. Subscription Plans
BeRoomie offers the following subscription options:
Monthly Plan: €9.99/month
Annual Plan: €34.99/year (billed annually at €2.91/month)

b. Automatic Renewal
All subscriptions automatically renew unless canceled at least 24 hours before the end of the current period.
Payment will be charged to your Apple ID account at confirmation of purchase.
You can manage or cancel your subscription in your iOS device Settings.

4. Cancellation and Refund Policy

You may cancel your subscription at any time through your device settings. Cancellation will take effect at the end of your current billing period.
We do not provide refunds for partial subscription periods, except where required by applicable law.
If you believe you are entitled to a refund, please contact us at support@beroomie.app.

5. User Accounts

a. Registration
Accurate Information: You agree to provide accurate, current, and complete information during registration.
Updates: You agree to keep your account information up-to-date.

b. Account Security
Credentials: You are responsible for safeguarding your account credentials.
Unauthorized Access: Notify us immediately at support@beroomie.app of any unauthorized use of your account.

6. User Obligations

You agree not to engage in any of the following prohibited activities:
Unlawful Use: Using the service for any illegal purpose or in violation of any local, state, national, or international law.
Harassment: Posting or sharing content that is defamatory, obscene, pornographic, vulgar, or offensive.
Impersonation: Misrepresenting your affiliation with a person or entity.
Spamming: Sending unsolicited or unauthorized advertising, promotional materials, or any form of solicitation.
Data Mining: Using any automated means to access the service for any purpose without our express permission.
Interference: Interfering with or disrupting the integrity or performance of the service.

7. Content Ownership and Licenses

a. Your Content
Ownership: You retain ownership of the content you submit.
License to Us: By submitting content, you grant us a non-exclusive, royalty-free, worldwide, transferable license to use, reproduce, modify, distribute, and display your content in connection with providing the services.

b. Our Content
Intellectual Property Rights: All materials provided by us, including text, graphics, logos, and software, are protected by intellectual property laws.
Restrictions: You may not copy, modify, distribute, or create derivative works from our content without our written consent.

8. Termination

a. By You
You may terminate your account at any time through the App settings.

b. By Us
We reserve the right to suspend or terminate your account without notice if you violate these Terms or engage in prohibited activities.

c. Effects of Termination
Upon termination, your right to access the services will immediately cease. We may retain certain information as required by law or for legitimate business purposes.

9. Disclaimers

“As Is” Basis: Our services are provided on an “as is” and “as available” basis without warranties of any kind.
No Guarantee: We do not guarantee the accuracy, completeness, or usefulness of any content.
Third-Party Content: We are not responsible for any third-party content accessible through the services.

10. Limitation of Liability

To the maximum extent permitted by law:
Indirect Damages: We shall not be liable for any indirect, incidental, special, consequential, or punitive damages.
Aggregate Liability: Our total liability to you for all claims arising out of or relating to these Terms or our services shall not exceed the amount you have paid us in the last twelve months.

11. Indemnification

You agree to indemnify, defend, and hold harmless BeRoomie and its affiliates from any claims, liabilities, damages, losses, and expenses arising from your use of the services or violation of these Terms.

12. Modifications to Terms and Services

Changes to Terms: We may revise these Terms at any time. Updated Terms will be posted with a new “Last Updated” date.
Advance Notice: For significant changes, we will provide at least 30 days' notice via email or App notifications.
Acceptance of Changes: Your continued use of the services after changes become effective constitutes your acceptance of the new Terms.

13. Governing Law and Dispute Resolution

Governing Law: These Terms are governed by and construed in accordance with the laws of the European Union, without regard to its conflict of law provisions.
Dispute Resolution: Any disputes arising out of or relating to these Terms or our services shall be resolved through binding arbitration in accordance with the rules of the appropriate arbitration body, except for matters that may be taken to small claims court.

14. Severability and Entire Agreement

Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.
Entire Agreement: These Terms, along with our Privacy Policy, constitute the entire agreement between you and BeRoomie.

15. Apple EULA Terms

a. Acknowledgement
This End User License Agreement (EULA) is between you and BeRoomie only, not with Apple. BeRoomie, not Apple, is solely responsible for the App and its content.

b. Scope of License
The license granted to you for the App is limited to a non-transferable license to use the App on any Apple-branded products that you own or control, as permitted by the App Store Terms of Service.

c. Maintenance and Support
BeRoomie is solely responsible for providing maintenance and support services with respect to the App. Apple has no obligation to furnish any maintenance and support services for the App.

d. Warranty
BeRoomie is responsible for any product warranties, whether express or implied by law. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation with respect to the App.

e. Product Claims
BeRoomie, not Apple, is responsible for addressing any claims relating to the App or your possession and/or use of the App, including but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

f. Intellectual Property Rights
In the event of any third-party claim that the App or your possession and use of the App infringes that third party's intellectual property rights, BeRoomie, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.

g. Legal Compliance
You represent and warrant that (i) 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 (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

Developer Contact
Email: gianmarco@ondadev.com

i. Third Party Terms
You must comply with any applicable third-party terms of agreement when using the App.

j. Third Party Beneficiary
Apple and its subsidiaries are third-party beneficiaries of this EULA. Upon your acceptance of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third-party beneficiary thereof.

16. Miscellaneous

a. Force Majeure
We shall not be liable for any failure to perform due to causes beyond our reasonable control, including acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, or natural disasters.

b. No Waiver
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

17. Contact Us

If you have any questions about these Terms, please contact us at:
Email: gianmarco@ondadev.com