About these terms
These Terms and Conditions apply to the Don’t Buy This app for mobile devices, together with any related services operated by JiroBird (collectively, the “Application”). JiroBird is referred to in these Terms as the “Service Provider”.
By downloading or using the Application, you agree to these Terms and Conditions. You should read them carefully before using the Application.
License to use the Application
Subject to your compliance with these Terms, the Service Provider grants you a limited, non-exclusive, non-transferable, revocable license to install and use the Application on a mobile device for personal or internal business purposes. You may not reproduce, distribute, modify, create derivative works from, reverse engineer, decompile or disassemble the Application, except only to the extent expressly permitted by applicable law.
Intellectual Property
The Service Provider retains all intellectual property rights in the Application, including its code, design, trademarks, service marks, trade names, logos and branding (the “IP”). Nothing in these Terms grants you a license or right to use the Service Provider’s trademarks, logos or branding. You agree not to remove, alter or obscure copyright, trademark or other proprietary notices displayed in or on the Application.
Unauthorized copying or modification of the Application, any part of the Application, or the Service Provider’s trademarks is prohibited. Attempts to extract the source code, translate the Application into other languages or create derivative versions are not permitted. All trademarks, copyrights, database rights and other intellectual property rights related to the Application remain the property of the Service Provider.
Eligibility
By using the Application, you represent that you are legally permitted to use it in your jurisdiction. You must be at least 13 years old, or the applicable age of digital consent in your jurisdiction. If you are below that age, a parent or legal guardian must review and accept these Terms on your behalf.
Termination
The Service Provider may suspend your access to the Application or services if you materially breach these Terms. The Service Provider will give written notice of the breach and, where it can be cured, you will have 14 days after receiving notice to remedy it. If you fail to do so, the Service Provider may terminate your access.
The Service Provider may suspend or terminate your access immediately without notice if you violate applicable law, infringe intellectual property rights or engage in activity that could harm other users or the Service Provider.
Upon termination, your right to use the Application ends and you must delete all copies from your devices.
User-Generated Content and Acceptable Use
If the Application allows users to post, share or upload content, you agree not to post content that:
- Is illegal or violates third-party intellectual property rights, including copyright, trademarks or patents
- Is abusive, threatening, harassing, defamatory or hate speech
- Contains discrimination or incitement to violence or illegal activity
- Is spam, phishing or contains malware
- Violates the privacy or personal-data rights of others
- Is misleading, false or deceptive
- Contains explicit violence or sexual content unless appropriately age-gated
The Service Provider may remove or disable access to content that violates these guidelines, suspend or terminate repeat offenders, cooperate with law enforcement regarding illegal content, and moderate, filter or hide content that violates these Terms or applicable law.
Content submitted through the Application may be visible to other users or the public, depending on how the Application functions.
If you believe content violates these Terms, infringes your rights or is unlawful, report it to sleepinthewater@gmail.com with enough information to identify the content, evaluate the complaint and contact you if follow-up is required.
Where the Application provides these features, you may also report content, block users or mute notifications through the Application. The Service Provider will review in-app reports under the same standards described in these Terms.
The Service Provider may review reported content, request additional information, remove or restrict content, and take appropriate action against the responsible account. Affected users may contact sleepinthewater@gmail.com for further review. The Service Provider will respond within a reasonable period and, subject to applicable law, explain any upheld moderation decision.
By submitting User-Generated Content, you grant the Service Provider a non-exclusive, worldwide, royalty-free license to use, reproduce, distribute, prepare derivative works from, display and perform that content in connection with the Application and the Service Provider’s business. This does not permit independent sale or sublicensing of your content. You represent that you own or control the necessary rights and that the content does not violate these Terms or applicable law.
User-Generated Content may include personal data. Its processing is governed by the Privacy Policy. Do not post another person’s personal data without consent.
Application changes, charges and device security
The Service Provider aims to keep the Application beneficial and efficient and may modify the Application or charge for services. Any charges for the Application or its services will be clearly communicated to you.
The Application stores and processes personal data you provide to deliver the Service. You are responsible for maintaining the security of your mobile device and access to the Application.
The Service Provider strongly advises against jailbreaking or rooting your device. Removing operating-system restrictions may expose the device to malware, viruses or other malicious programs, compromise security features, and prevent the Application from functioning correctly.
Connectivity and device responsibility
Some functions require an active internet connection through Wi-Fi or a mobile network. The Service Provider is not responsible when the Application cannot function fully because you lack connectivity or have exhausted your data allowance.
Your mobile network provider’s terms continue to apply outside Wi-Fi coverage. You are responsible for data, roaming and other third-party charges. If you are not the bill payer for the device, you represent that you have the bill payer’s permission.
You are responsible for keeping your device charged and otherwise able to access the Service. The Service Provider is not responsible when a depleted battery prevents access.
Nothing in these Terms limits consumer-protection rights that cannot lawfully be excluded.
Limitation of Liability
To the fullest extent permitted by law, the Service Provider is not liable for indirect, incidental, special, consequential or punitive damages, including lost profits, data loss or business interruption, even if advised that such damages were possible.
The Service Provider remains fully liable for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, and any other liability that cannot be excluded or limited by law.
To the fullest extent permitted by law, the Service Provider’s total liability for a claim will not exceed the amount you paid for the Application during the 12 months before the claim, or the minimum required by applicable law, whichever is greater. If the Application is free, liability is limited to the minimum amount permitted by law.
The Service Provider accepts no liability for direct or indirect loss resulting from reliance entirely on third-party information supplied through the Application or from inaccuracies in third-party content.
Indemnification
To the fullest extent permitted by law, you agree to indemnify and hold harmless the Service Provider, its affiliates, officers, directors, employees and agents from claims, liabilities, damages, losses and expenses, including reasonable legal fees, arising directly from your breach of these Terms or intentional misuse of the Application, including User-Generated Content submitted in violation of these Terms.
This indemnification does not apply to claims arising from the Service Provider’s negligence, breach of these Terms or violation of applicable law. Where consumer indemnification is restricted, this clause applies only to the maximum extent permitted.
Updates and availability
Operating-system and other platform requirements may change, and you may need to install updates to continue using the Application. The Service Provider does not guarantee that the Application will always be updated or remain compatible with your operating-system version. If you decline an offered update, earlier versions may cease to be supported or function properly. The Service Provider may also discontinue the Application. Unless stated otherwise, upon termination all rights and licenses granted under these Terms end, and you must stop using and, where necessary, delete the Application.
Governing Law and Jurisdiction
These Terms and Conditions are governed by the laws of the jurisdiction in which the Service Provider is established, excluding conflict-of-law rules, except where mandatory consumer-protection law provides otherwise.
Disputes arising from or relating to these Terms will be brought before courts having jurisdiction under applicable law. This does not limit any right to bring a claim before a court competent under mandatory law.
DSA Compliance
If the Application is an intermediary service under the Digital Services Act, Regulation (EU) 2022/2065 (the “DSA”), the following provisions apply in addition to the Terms above.
Point of Contact: the Service Provider maintains a contact point for EU authorities and recipients of the service at sleepinthewater@gmail.com. Where the Service Provider is established outside the European Union, a legal representative in the EU has been designated in accordance with Article 13 of the DSA.
Content Moderation and Statement of Reasons: when the Service Provider restricts content, suspends or terminates an account, or limits features, the affected user will receive a clear and specific statement explaining the restriction, its legal or contractual basis and available redress mechanisms, in accordance with Article 17 of the DSA.
Notice and Action: users and third parties may report allegedly illegal content using the contact details in these Terms. Notices will be processed promptly and diligently, with human review when appropriate, acknowledged electronically, and decided without undue delay in accordance with Article 16 of the DSA.
Out-of-Court Dispute Settlement: eligible disputes concerning content-moderation decisions may be submitted to a body certified under Article 21 of the DSA. The Service Provider will engage in good faith. This does not affect your right to seek a judicial remedy.
Transparency Reporting: the Service Provider publishes periodic reports about content moderation, notices received, actions taken and automated means used, as required by Article 24 of the DSA. Reports are available upon request at sleepinthewater@gmail.com.
These provisions apply only to the extent that the Application qualifies as an intermediary service under the DSA and do not replace or limit rights or obligations under consumer-protection or data-protection law.
Severability
If a court of competent jurisdiction finds a provision of these Terms invalid, illegal or unenforceable, that provision will be modified only as much as necessary to make it valid and enforceable, and the remaining provisions will continue in full force and effect.
Entire Agreement
These Terms and Conditions, together with the Privacy Policy, constitute the entire agreement between you and the Service Provider concerning use of the Application and supersede prior agreements or understandings.
Changes to These Terms and Conditions
The Service Provider may update these Terms and Conditions periodically. You should review this page regularly. Changes will be communicated by posting the updated Terms and Conditions on this page.
Previous versions will be maintained and made available upon request by contacting the Service Provider at sleepinthewater@gmail.com.
Contact Us
If you have questions or suggestions about these Terms and Conditions, contact the Service Provider at sleepinthewater@gmail.com.