1.1 About These Terms
These Terms of Use (“Terms”) are provided by Bimi Boo Kids Inc. (“we,” “us,” or “our”) and govern:
a) Our Academy App and all other mobile applications we develop and distribute through the Amazon Appstore (“Apps”).
b) Subscription Payment Services – The subscription purchase and payment processing services we provide through our websites academy.bimiboo.com and academyquiz.bimiboo.com for accessing the Academy app developed by a separate company: Bimi Boo Kids Learning Games for Toddlers FZ LLC (the “FZ LLC Developer”); and
c) Bimi Boo Pass – The Bimi Boo Pass subscription, whether bought through our website (the “Pass Website”) or inside a Bimi Boo app through the Apple App Store, Google Play or the Amazon Appstore, as described in Sections 1.2A and 2.3.
1.2 IMPORTANT NOTICE FOR APP AVAILABLE THROUGH ACADEMY.BIMIBOO.COM AND ACADEMYQUIZ.BIMIBOO.COM
The Academy app developed by the FZ LLC Developer is ENTIRELY governed by that developer’s Terms of Use and Privacy Policy. When you purchase a subscription through academy.bimiboo.com or academyquiz.bimiboo.com, these Terms ONLY govern the payment transaction with us, NOT your use of the FZ LLC Developer’s app. This Section 1.2 does not apply to Bimi Boo Pass, which is governed by Section 2.3.
By purchasing a subscription through academy.bimiboo.com or academyquiz.bimiboo.com, you acknowledge:
1.2A IMPORTANT NOTICE FOR BIMI BOO PASS
Bimi Boo Pass is a single subscription that unlocks the premium content of eligible Bimi Boo apps on iOS, Android and Amazon devices. Bimi Boo apps on the Apple App Store and Google Play are published by the FZ LLC Developer; Bimi Boo apps on the Amazon Appstore are published by us. You can buy Bimi Boo Pass in two ways, and it works the same way across all Bimi Boo apps whichever way you buy it:
On the Pass Website: you buy it from Bimi Boo Kids, Inc., payments are processed by Stripe, and these Terms govern your purchase, billing, cancellation and refunds.
Inside a Bimi Boo app: you buy it through the Apple App Store, Google Play or the Amazon Appstore, and that store’s terms govern payment, renewal, cancellation and refunds. In apps on the App Store and Google Play, the in-app purchase is offered by the FZ LLC Developer and is also subject to its terms of use; in apps on the Amazon Appstore, it is offered by us under these Terms.
Whichever way you buy it, you can contact us at info@bimiboo.com for help with your Bimi Boo Pass; if your Pass was sold by the FZ LLC Developer, we will pass your request on to it where needed (see Sections 3.4 and 3.7).
1.3 Acceptance
By using Our Apps or Bimi Boo Pass, or purchasing subscriptions (including Bimi Boo Pass) through our websites, you agree to these Terms and our Privacy Policy. For the FZ LLC Developer’s app, you must separately agree to their terms and privacy policy.
2.1 Our Academy App and all other mobile applications we develop
2.2 academy.bimiboo.com and academyquiz.bimiboo.com Subscriptions (Website Purchases via Stripe)
Through academy.bimiboo.com and academyquiz.bimiboo.com, we ONLY provide:
We DO NOT provide for the FZ LLC Developer’s app:
2.3 Bimi Boo Pass
Bimi Boo Pass gives you, with one Bimi Boo account:
You download each app separately from your app store and sign in with the email address you used for your Pass. Bimi Boo Kids, Inc. and the FZ LLC Developer each run their own account and subscription systems: the first time you sign in to an app published by the company that did not sell you the Pass, it checks your Pass with the company that sold it, and you confirm that you want to link your account (see Section 7.5). Bimi Boo Pass is available on all platforms where Bimi Boo apps are offered (iOS, Android and Amazon devices) and through the Pass Website, in every country where Bimi Boo apps are available. If an app is withdrawn from Bimi Boo Pass, we will tell you in advance and you may cancel your Pass.
You must be at least 18 years old (or the age of majority where you live) to create a Bimi Boo account and buy Bimi Boo Pass. The account is for a parent or guardian; children use the apps through the child profiles you create.
Your use of each app is also subject to the terms of use and privacy policy of the company that publishes it. Sections 1.2, 2.2, 4.2.3 and 8.1 do not limit our commitments to you about Bimi Boo Pass in these Terms.
3.1 Payment Processing
For Our Academy and all other mobile applications we develop and distribute through Amazon:
For academy.bimiboo.com and academyquiz.bimiboo.com Subscriptions (Website Purchases via Stripe) and Bimi Boo Pass bought on the Pass Website:
3.2 Subscription Terms
3.3 Free Trials
If we offer a free trial subscription (whether through Amazon or our websites, including Bimi Boo Pass):
3.4 Subscription Cancellation
For Our Apps (Amazon):
For the app purchased through academy.bimiboo.com and academyquiz.bimiboo.com :
For Bimi Boo Pass bought on the Pass Website:
For Bimi Boo Pass bought inside a Bimi Boo app:
What Happens When You Cancel:
IMPORTANT: Deleting or uninstalling the App from your device does NOT terminate or cancel your subscription. You must follow the cancellation procedures above to avoid continued billing.
3.5. In-app Purchases
Where in-app purchases are available in our Apps (Amazon):
3.6 Communications Regarding Billing
By providing your email, you consent to receive:
For Bimi Boo Pass bought inside a Bimi Boo app, the purchase, renewal, cancellation and refunds are handled by Apple, Google or Amazon under their terms.
3.7 Bimi Boo Pass Billing
For Bimi Boo Pass bought on the Pass Website:
Free trial: if you have not had Bimi Boo Pass before, you get a 7-day free trial. We show the date your trial ends before you start and will email you a reminder before it ends. If you cancel at least 24 hours before your trial ends, you will not be charged.
If you have had Bimi Boo Pass before, no free trial applies and your first payment is taken when you subscribe.
Price: the price shown on the Pass Website when you subscribe, in your local currency where available, charged when your free trial ends and then on the same day each month until you cancel. Your next payment date is shown in My Account.
Price changes: we will email you at least 7 and no more than 30 days before a new price applies. You may cancel before it takes effect.
One Pass per account: if you subscribe both on the Pass Website and in an app store, each will charge you. Cancel the one you do not need.
4.1 Our Apps Purchased Through Amazon
4.2 academy.bimiboo.com and academyquiz.bimiboo.com Subscriptions and Bimi Boo Pass Bought on the Pass Website (Website Purchases via Stripe)
4.2.1 Refund Window
We may consider refund requests within seven (7) days from the date of the FIRST paid transaction only. For Bimi Boo Pass, this is the first payment taken after your free trial ends (or, if no free trial applies, when you subscribe).
4.2.2 How to Request a Refund
Submit requests to info@bimiboo.com with:
4.2.3 Important Limitations for FZ LLC Developer’s App (academy.bimiboo.com and academyquiz.bimiboo.com only)
4.2.4 Processing
4.2.5 Refund Exclusions
Refunds will be declined for:
4.2.6. Discretionary Refunds
We may, at our sole discretion, consider refunds outside these criteria on a case-by-case basis.
4.2.7. Statutory Rights
This policy does not affect any statutory rights under applicable consumer protection laws.
5.1 Ownership
5.2 License Grants
We grant you a limited, non-exclusive, non-transferable license for personal use.
5.3 No Implied Rights
Purchasing a subscription through us does not grant you any intellectual property rights in the Academy app.
6.1 General Obligations
You agree to:
7.1 Data Collection by Bimi Boo Kids, Inc.
7.2 Data We Do NOT Access
Except for the Bimi Boo Pass information described in Section 7.5, regarding the FZ LLC Developer’s app, we do NOT:
7.3 FZ LLC Developer’s Data Practices
The FZ LLC Developer’s app has its own Privacy Policy. Direct all privacy concerns about their app to them.
7.4 Payment Data
Payment information is processed by:
Each follows their respective privacy policies.
7.5 Bimi Boo Pass
So that your Bimi Boo Pass works in apps published by both companies, we and the FZ LLC Developer exchange limited account and subscription information, as described in Section 6(c) of our Privacy Policy.
8.1 Disclaimer Regarding FZ LLC Developer’s App
WE EXPRESSLY DISCLAIM ALL RESPONSIBILITY FOR:
This Section 8.1 does not limit our responsibilities to you as the seller of Bimi Boo Pass bought on the Pass Website, or any rights you have under applicable consumer protection laws.
8.2 General Service Disclaimer
ALL SERVICES PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
8.3 Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
8.4 Indemnification
You agree to indemnify Bimi Boo Kids, Inc. from claims arising from:
8.5 Termination
We may terminate or suspend your access immediately for:
9.1 Arbitration Agreement
Disputes between you and Bimi Boo Kids, Inc. shall be resolved through binding arbitration administered by the American Arbitration Association.
Exceptions to Arbitration:
9.2 Arbitration Details
9.3 Disputes with FZ LLC Developer
Any disputes regarding the FZ LLC Developer’s app must be resolved according to their Terms of Use. We are not responsible for resolving disputes about their app.
9.4 Class Action Waiver
You waive the right to participate in class actions against Bimi Boo Kids, Inc.
10.1 Entire Agreement
These Terms constitute the entire agreement between you and Bimi Boo Kids, Inc. regarding our services.
10.2 Governing Law
These Terms are governed by Nevada law, without regard to conflict of law principles. If you are a consumer residing outside the United States, this choice of law does not deprive you of the protection of the mandatory consumer protection laws of your country of residence.
10.3 Modifications to Terms
10.4 Severability
If any provision is unenforceable, remaining provisions continue in effect.
10.5 No Waiver
Our failure to enforce any right is not a waiver of that right.
10.6 Assignment
We may assign these Terms. You may not assign them without our written consent.
10.7 Relationship of Parties
We are independent contractors. No partnership, joint venture, or agency relationship exists between:
For Bimi Boo Inc. Services:
By using Our Apps, purchasing subscriptions through our websites, or otherwise accessing our services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use and our Privacy Policy. If you do not agree to these Terms, you must not use our services.