GENERAL TERMS OF USE OF THE SERVICES, PROVIDED BY THE URBO PLATFORM BY UPASS INC
GENERAL TERMS
1. CONTRACTUAL RELATIONSHIP
These Terms of Use ("Terms") govern the access or use by you, an individual, regardless of the place and means of access, of applications, websites, content, products, and services (the "Services") made available to you by UPASS OOD(UPASS INC), registered in The Bulgarian Business Register, maintained by the Registry Agency of the Ministry of Justice, with UIC 203501292, having its legal seat and address in Bulgaria, Sofia, 3 Dobromir Hriz street (incl. its subsidiaries and affiliates - collectively, "URBO").
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES
In these Terms, the words "including" and "include" mean "including, but not limited to."
By accessing and using the Services you agree to be bound by these Terms, which establishes a contractual relationship between you and URBO. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements between you and URBO. URBO may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.
Supplemental terms may apply to certain Services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable Service(s). Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Service(s). Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.
URBO may amend the Terms related to the Services from time to time. Amendments will be effective upon URBO's posting of such updated Terms at this location or the amended policies or supplemental terms on the applicable Service(s). Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended.
You may not assign these Terms without URBO's prior written approval. URBO may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of URBO's equity, business or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you, URBO or any Third Party Provider as a result of your access and use of the Services. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be void and the remaining provisions shall be enforced to the fullest extent under law. URBO's failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by URBO in writing.
Our collection and use of personal information in connection with the Services is as provided in URBO's Privacy Policy located at www.urboapp.com.
2. THE SERVICES
The URBO App and Website provide means to enable you to obtain services offered by Third Party Providers (or "Service Provider"). In relation to Services, the Website and the URBO App enable you to access the Services provided by URBO described in Part 1 above.
The Services constitute a technology platform that enables users of URBO's mobile applications or website to use services, provided by UPASS or third party providers and may include:
• Organizing and/or scheduling transport;
• Paying for parking in paid parking zones;
• Car and/or bike sharing;
• News and current information about a town or resort, events, attractions, guided tours, businesses, tourist and cultural landmarks, points of interest, deals;
• Location and directions for tourist attractions, administrative buildings, business centers, etc.;
• Offering tickets, passes or other means of access to events and/or attractions;
• Other services for end users
Unless otherwise agreed by URBO in a separate written agreement with you, the Services are made available solely for your personal, noncommercial use.
TYPES OF SERVICES
The URBO platform, via an application or website provides the following services for end users:
1. Slider/Top news – basic news and current information about a certain town or resort. The information may be provided by third parties (media, news agencies, journalists), business companies and persons that are not in any way linked with URBO. URBO bears no responsibility for the reliability or legal compliance of such third parties. If you find any such material violates the law or ethics or presents untrue information, you may signal us at office@urboapp.com.
2. Top events, Popular Attractions, Hot Deals, URBO recommends –important news about events, attractions, guided tours, deals in a certain town or resort, information about promotional offers for buying services, etc.; important news about a certain town or resort. The information may be provided by third parties (media, news agencies, journalists), business companies or persons that are not in any way linked with URBO. URBO bears no responsibility for the reliability or legal compliance of such third parties. If you find any such material violates the law or ethics or presents untrue information, you may signal us at office@urboapp.com.
3. Interactive map – location and directions for tourist attractions, administrative buildings, business centers, stores, etc. The information in the map is provided to us by owners or managers of businesses. URBO makes reasonable effort to keep the information up-to-date, but cannot check every entry and bears no responsibility for the information’s accuracy. In the event you notice any discrepancies, you may signal them at office@urboapp.com.
4. City – information channel for a specific town or resort, which includes the following sections:
4.1. All important news about a certain town or resort, including changes in the regulations and general terms of trade deals, works on the infrastructure, traffic information, upcoming events, promotional terms for buying tickets, etc. The information may be provided by third parties (media, news agencies, journalists), business companies or persons that are not in any way linked with URBO. URBO bears no responsibility for the reliability or legal compliance of such third parties. If you find any such material violates the law or ethics or presents untrue information, you may signal us at office@urboapp.com.;
4.2. For the city – presents information for the town/resort, history and landmarks, infrastructure, administrative centers and development;
4.3. POI – includes interesting places to visit in and around the town/resort;
4.4. Emergency – offers information about emergency numbers and diplomatic offices of different countries;
4.5.Business – offers information for private companies that offer deals and/or are advertised in URBO and around the town/resort.
5. URBO offers each user the option to buy tickets, passes and/or vouchers etc. for different events, tours, attractions, services or activities in the resort, the city and the surrounding towns after completing the necessary steps for reservation, choice of different categories and prices, offered by the Service provider and making an online payment. The tours, attractions, events, services and activities are offered by third parties, which are not in any way linked with URBO. These third parties are responsible for the legal compliance of their activities, including obtaining any permits for the specific attraction. The organizers may impose terms and restrictions for participation in a certain tour, attraction or event, i.e. age or health restrictions, etc. In such cases, in order to use the service, the user must provide the information and personal data required by the organizer via URBO. The personal data will be processed in accordance with the applicable European and Bulgarian legislation. The app can generate electronic tickets and/or vouchers in the user’s profile. For added convenience, the electronic tickets and/or vouchers will also be sent to the email address provided by the user after processing the payment.
Some of the offered services in the URBO platform may be subject to regulation by the competent state or local authorities.
“Parking” - parking payment in paid parking zones. This service is subject to the terms (place and means of parking, prices, maximum parking duration, etc.) determined by the competent state or local authorities (for example “Blue” and “Green” zones in Sofia Municipality, which are paid parking zones, specified within the Regulation for the traffic on the territory of Sofia Municipality and/or decisions of the Sofia Municipal Council). You may find a list of the towns and/or municipalities where URBO provides this service on the platform’s website www.urboapp.com.
URBO shall bear no responsibility for incorrect email data, provided by the user or in the event the user cannot access their email inbox. The personal data shall be processed according to the requirements of the European and Bulgarian legislation.
EXCEPT WHERE EXPLICITLY PROVIDED AND USERS ARE NOTIFED OTHERWISE, URBO DOES NOT PERSONALLY PROVIDE THE SERVICES, OFFERED VIA THE PALTFORM. THE PERSONS PROVIDING THE SERVICES BEAR FULL RESPONSIBILITY FOR THEIR PROVISION, INCLUDING OBTAINING ANY APPLICABLE REGISTRATIONS, PERMITS, ETC.
LICENSE
Subject to your compliance with these Terms, URBO grants you a limited, non-exclusive, non-sub licensable, revocable, non-transferrable license to: (i) access and use the Applications on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by URBO and URBO's licensors.
RESTRICTIONS
You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by URBO; (iii) decompile, reverse engineer or disassemble the Services; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
PROVISION OF THE SERVICES
You acknowledge that portions of the Services may be made available under URBO's various brands or request options associated with transportation, parking, car or bike sharing. You also acknowledge that the Services may be made available under such brands or request options by or in connection with: (i) certain of URBO's subsidiaries and affiliates; or (ii) independent Third Party Providers.
THIRD PARTY SERVICES AND CONTENT
The Services may be made available or accessed in connection with third party services and content (including advertising) that URBO does not control. You acknowledge that different terms of use and privacy policies may apply to your use of such third party services and content. URBO does not endorse such third party services and content and in no event shall URBO be responsible or liable for any products or services of such third party providers. Additionally, Apple Inc., Google, Inc., Microsoft Corporation or BlackBerry Limited may be a third-party beneficiary to this contract if you access the Services using Applications developed for Apple iOS, Android, Microsoft Windows, or Blackberry-powered mobile devices, respectively. These third party beneficiaries are not parties to this contract and are not responsible for the provision or support of the Services in any manner. Your use of these devices to access the Services is subject to the applicable third party beneficiary's terms of service.
Using the Services is also subject to the applicable laws and regulations of the specific town and/or resort.
OWNERSHIP The Services and all rights therein are and shall remain URBO's property or the property of URBO's licensors. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner URBO's company names, logos, product and service names, trademarks or services marks or those of URBO's licensors.
3. YOUR USE OF THE SERVICES
USER ACCOUNTS.
By using the URBO App and/or the Services, you enter into a contract with URBO (the "Contract"). In order to be able to use the URBO App or the Services, you first need to set up your personal account. In order to do so, you must first provide URBO with your personal information, mobile telephone number and payment card data. Upon successful completion of your signing up with URBO, URBO will provide you with a personal account, accessible for you with a password of your choice.
To use the Services, you must register for and maintain an active personal user account ("Account"). In order to create an account, you must be at least 18 years old. Some services may require the age of legal majority in your jurisdiction (if different than 18) and your ability to enter into contracts must not be legally restricted in your jurisdiction in order to use them. Account registration requires you to submit certain personal information to URBO, including your name, address, mobile phone number and age, as well as at least one valid payment method (either a payment card or accepted payment partner). You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access and use the Services or URBO's termination of this Agreement with you. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by URBO in writing, you may only possess one Account.
USER REQUIREMENTS AND CONDUCT.
The Service is not available for use by persons under the age of 18. You may not authorize third parties to use your Account, and you may not allow persons under the age of 18 to receive transportation or logistics services from Third Party Providers unless they are accompanied by you. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the Services, and you may only use the Services for lawful purposes (e.g., no transport of unlawful or hazardous materials). You will not in your use of the Services cause nuisance, annoyance, inconvenience, or property damage, whether to the Third Party Provider or any other party. In certain instances you may be asked to provide proof of identity to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity.
TEXT MESSAGING.
By creating an Account, you agree that the Services may send you informational text (SMS) messages as part of the normal business operation of your use of the Services.
PROMOTIONAL CODES.
URBO may, at URBO's sole discretion, create promotional codes that may be redeemed for Account credit, or other features or benefits related to the Services and/or a Third Party Provider's services, subject to any additional terms that URBO establishes on a per promotional code basis ("Promo Codes"). You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by URBO; (iii) may be disabled by URBO at any time for any reason without liability to URBO; (iv) may only be used pursuant to the specific terms that URBO establishes for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use. URBO reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that URBO determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms.
USER PROVIDED CONTENT.
URBO may, at URBO's sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to URBO through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions ("User Content"). Any User Content created by you remains your property. However, by providing User Content to URBO, you grant URBO a worldwide, perpetual, irrevocable, transferrable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, transmit, retransmit, make available and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and URBO's business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant URBO the license to the User Content as set forth above; and (ii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor URBO's use of the User Content as permitted herein will infringe, misappropriate or violate a third party's intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by URBO in its sole discretion, or subject to intellectual property rights of any third person whether or not such material may be protected by law. URBO may, but shall not be obligated to, review, monitor, or remove User Content, at URBO's sole discretion and at any time and for any reason, without notice to you.
NETWORK ACCESS AND DEVICES.
Using the Services, provided by URBO requires a constant internet connection. You are responsible for obtaining the data network access necessary to use the Services. Your mobile network's data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. URBO does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
4. PAYMENT
The use of the URBO App and the Services is free of charge. URBO reserves the right to introduce a fee for the use of the URBO App and/or the Services. If URBO decides to introduce such a fee, URBO shall inform you accordingly and allow you either to continue or terminate the Contract, at your option.
The rates that apply for the services are determined by the Service Provider. These rates can be found on the Website and through the URBO App. These may be modified or updated by URBO from time to time. It is your own responsibility to remain informed about the current rates for the services.
You will make payment to URBO, acting as agent for the Service Provider, in respect of the services provided to you by the Service Provider. You agree that you will pay for all services you purchase from the Service Provider, and that URBO may charge your payment card account (as provided by you when registering for the Services) for the services (including any taxes and late fees, as applicable) that may be accrued by or in connection with your account. You are responsible for the timely payment of all fees and for providing URBO with a valid payment card account for payment of all fees at all times.
URBO uses a third-party payment processor (the "Payment Processor") to link your payment card account to the URBO platform and the Services. The processing of payments or credits, as applicable, in connection with your use of the URBO platform and Services will be subject to the terms, conditions and privacy policies of the Payment Processor and your payment card issuer in addition to these User Terms. If the amount paid by card shall be refunded, the amount will be refunded solely on the card it was paid with. URBO is not responsible for any errors by the Payment Processor. In connection with your use of the Services, URBO will obtain certain transaction details, which URBO will use solely in accordance with its Privacy and Cookie Notice.
You understand that the use of the Services may result in charges applied to you for the services or goods you receive from a Third Party Provider ("Charges"). After you have requested the provision of services or goods, URBO will facilitate your payment of the applicable Charges on behalf of the Third Party Provider. Payment of the Charges in such manner shall be considered the same as payment made directly by you to the Third Party Provider. Charges will be inclusive of applicable taxes where required by law. Charges paid by you are final and non-refundable, unless otherwise determined by URBO.
All Charges are due immediately and payment will be facilitated by URBO using the preferred payment method designated in your Account, after which and according to your preferences specified within your account, URBO will send you a receipt upon your request using your preferred method. . If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that URBO may, as the Third Party Provider's limited payment collection agent, use a secondary payment method in your Account, if available.
As between you and URBO, URBO reserves the right to establish, remove and/or revise Charges for any or all Services at any time in URBO's sole discretion. URBO will enact reasonable efforts to inform you of Charges that may apply at the time of your requesting of Services , provided that you will be responsible for any Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof. URBO may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services or goods obtained through the use of the Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you. You may select to cancel your request for services or goods from a Third Party Provider at any time prior to such request’s arrival to the Third Party Provider, in which case you may be charged a cancellation fee.
You have the right to annul the contract within 14 days dated the signing without being liable for indemnity or compensation. In case you opt for annulment you have to inform URBO and the services provider before the 14- day notice has expired by explicit written declaration sent to office@urboapp.com. URBO will inform the service provider for your declaration of annulment of the contract. In case you exercise your right of annulment URBO is obliged to reimburse the amounts paid no later than 14 calendar days after your act of annulment of the contract. The bank and URBO do not collect additional taxes and costs in case of a reimbursement due to annulment. Additional taxes and costs is related to your contract conditions between you and your card issuance authority. By accepting the present general conditions you declare that you are aware of the lack of the right of refusal of services which have been delivered or which have been in progress of delivering by your previous consent and confirmation that you are informed of losing your right of refusal after the contract is fully performed by the service provider and as envisaged in the law on protection of customers.
URBO uses the services of First Investment Bank (FIB) for the processing of payments. FIB is a bank, registered in Bulgaria and subject to Bulgarian and EU Law. URBO does not store any data for your bank cards or accounts and cannot access such data. By filling this data in, you provide it directly to FIB. You may find FIB’s Terms of service and Privacy Policy on FIB’s website (www.fibank.bg).
5. DISCLAIMERS; LIMITATION OF LIABILITY; INDEMNITY.
DISCLAIMER.
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." URBO DOES NOT REPRESENT THE SERVICE PROVIDERS, IS NOT IN ANY WAY LINKED WITH THEM AND DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, URBO MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. URBO DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
LIMITATION OF LIABILITY.
URBO will not be liable to you in respect of any acts or omissions of its employees, agents or sub-contractors, whether such liability arises in contract (by way of indemnity or otherwise), tort (including negligence), misrepresentation, breach of statutory duty, restitution or otherwise, provided that nothing in these Terms and Conditions will limit or exclude URBO's liability to you for personal injury or death caused directly by URBO's negligence.
URBO SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF URBO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. URBO SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, EVEN IF URBO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. URBO SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND URBO'S REASONABLE CONTROL.
THE SERVICE PROVIDERS ARE RESPONSIBLE FOR THE LEGAL COMLIANCE OF THEIR ACTIVITIES AND THE QUALITY OF THE PROVIDED SERVICES, AS WELL AS FOR OBTAINING ANY APPLICABLE REGISTRATIONS, PERMITS, CERTIFICATES, ETC.
THE LIMITATIONS AND DISCLAIMER IN THIS SECTION 5 DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
INDEMNITY.
You agree to indemnify and hold URBO and its officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys' fees), arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) URBO's use of your User Content; or (iv) your violation of the rights of any third party, including Third Party Providers.
URBO will not be liable to you in respect of any acts or omissions of its employees, agents or sub-contractors, whether such liability arises in contract (by way of indemnity or otherwise), tort (including negligence), misrepresentation, breach of statutory duty, restitution or otherwise, provided that nothing in these Terms and Conditions will limit or exclude URBO's liability to you for personal injury or death caused directly by URBO's negligence.
By accepting these User Terms and using the URBO App or the Services, you agree that you shall defend, indemnify and hold URBO, its affiliates, its licensors, and each of their officers, directors, other users, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with:
• your violation or breach of any term of these User Terms or any applicable law or regulation, whether or not referenced herein;
• your violation of any rights of any third party, including Transportation Providers arranged via the URBO App, or your use or misuse of the URBO App or the Services.
6. DISPUTE RESOLUTION
COURT CLAIMS AND GOVERNING LAW.
You agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, "Disputes") will be settled by the Bulgarian courts, in accordance with the applicable legislation of the Republic of Bulgaria, including as regards to the specific court’s jurisdiction over a certain Dispute.
LICENSE GRANT, RESTRICTIONS AND COPYRIGHT POLICY.
For the purpose of this section, the following definitions apply:
"Content" means all content featured or displayed, including, but not limited to, logos, icons, trademarks, text, graphics text, graphics, photographs, images, moving images, sound, illustrations, music, software (excluding the URBO App), opinions, remarks, comments, artwork, links, questions, suggestions, information or other materials.
"URBO Content" means Content owned or used by URBO, its affiliates or licensors and made available through the Website, the Services or the URBO App, including any Content licensed from a third party, but excluding User Content.
"User" means a person who accesses or uses the Services or the URBO App.
"User Content" means Content that a User posts, uploads, publishes, submits or transmits to be made available on the Website or through the Services or the URBO App .
"Collective Content" means, collectively, URBO Content and User Content.
Subject to your compliance with these User Terms, URBO grants you a limited, non-exclusive, non-transferable license: to view, download and print any URBO Content solely for your personal and non-commercial purposes; and to view any User Content to which you are permitted access solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section. You may not use, copy, adapt, modify, create derivative works from, distribute, license, sell, transfer, publicly display, publicly perform, reproduce, transmit, retransmit, stream, broadcast, make available or otherwise exploit the Website, the Services, the URBO App or Collective Content, except as expressly permitted by these User Terms. You may not reuse any Collective Content without first obtaining the written consent of URBO. No licenses or rights are granted to you by implication or otherwise to use any intellectual property owned or controlled by URBO or its licensors, except for the licenses and rights expressly granted in these User Terms.
LICENSE GRANTED BY USER
URBO may, in its sole discretion, permit Users to post, upload, publish, submit or transmit User Content on the Website and in social media – Facebook, Instagram, LinkedIn and Twitter or through the Services or the URBO App. User Content will be deemed non-confidential and non-proprietary. By providing User Content to URBO, you grant URBO a worldwide, perpetual, irrevocable, transferrable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, transmit, retransmit, make available and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and URBO's business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
You acknowledge that URBO only acts as a passive conduit for the distribution of the User Content and is not responsible or liable to you or to any third party for the content or accuracy of the User Content. URBO shall not be continuously monitoring User Content published by you or moderating between Users, nor shall URBO be under an obligation to do so. Without limiting the foregoing, you acknowledge and agree that any remarks, opinions, comments, suggestions and other information expressed or included in the User Content do not necessarily represent those of URBO.
Any use by you of the User Content is entirely at your own risk. You represent and warrant that any User Content posted or transmitted by you is original to you and does not copy the work of any third party or otherwise infringe any third party intellectual property rights, rights of privacy or personality rights and does not contain any defamatory or disparaging statements.
Furthermore, you represent and warrant that you have the capacity to grant the license as stipulated in this paragraph.
You agree to indemnify and keep URBO, its affiliates and licensors indemnified against all costs, expenses, damages, losses and liabilities incurred or suffered by URBO or its affiliated companies related to any User Content posted or transmitted by you and/or any other use by you of the Website, the Services or the URBO App.
URBO reserves the right at its sole discretion to block or remove (in whole or in part) any User Content posted or transmitted by you and which URBO believes is not in accordance with these User Terms or any applicable laws (including materials which infringe or may infringe third party intellectual property rights, rights of privacy or personality rights), or is otherwise unacceptable to URBO.
You agree promptly to notify URBO in writing of any User Content which breaches these User Terms. You agree to provide to URBO sufficient information to enable URBO to investigate whether such User Content breaches these User Terms. URBO agrees to make good faith efforts to investigate and shall take such action as URBO in its sole discretion decides. However, URBO does not warrant or represent that it will block or remove (in whole or in part) such user Content.
APPLICATION LICENSE
Subject to your compliance with these User Terms, URBO grants you a limited non-exclusive, non-transferable license to download and install a copy of the URBO App on a single mobile device that you own or control and to run such copy of the URBO App solely for your own personal use.
You shall not:
• license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Services or the URBO App in any way;
• modify or make derivative works based upon the Services or the URBO App;
• create Internet "links" to the Services or "frame" or "mirror" any application on any other server or wireless or Internet-based device;
• reverse engineer or access the URBO App in order to
• design or build a competitive product or service,
• design or build a product using similar ideas, features, functions or graphics to those of the Services and/or the URBO App, or
• copy any ideas, features, functions or graphics of the Services and/or the URBO App, or
• launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Services or the URBO App.
You shall not:
• send spam or otherwise duplicative or unsolicited messages in violation of applicable laws;
• send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or violative of third-party privacy rights;
• send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs;
• interfere with or disrupt the integrity or performance of the Website, the URBO App or the Services or the data contained therein; or
• attempt to gain unauthorized access to the Website, the URBO App or the Services or their related systems or networks.
URBO will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. URBO may involve and cooperate with law enforcement authorities in prosecuting users who violate these User Terms. You acknowledge that URBO has no obligation to monitor your access to or use of the Website, Services, the URBO App or Collective Content or to review or edit any Collective Content, but has the right to do so for the purpose of operating the Website, the URBO App and the Services, to ensure your compliance with these User Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. URBO reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that URBO, at its sole discretion, considers to be in violation of these User Terms or otherwise harmful to the Website, the Services or the URBO App.
COPYRIGHT POLICY
URBO respects copyright law and expects its users to do the same. It is URBO's policy to terminate in appropriate circumstances use of the URBO App and the Services by Users or other account holders who (repeatedly) infringe or are believed to be (repeatedly) infringing the rights of copyright holders.
INTELLECTUAL PROPERTY OWNERSHIP
URBO alone (and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to the Website, the URBO App and the Services and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Website, the URBO App or the Services.
These User Terms do not constitute a sale and do not convey to you any rights of ownership in or related to the Website, the URBO App or the Services, or any intellectual property rights owned by URBO. URBO's name, logo, and the product names associated with the URBO App and the Services are trademarks of URBO, its affiliated companies or third parties, and no right or license is granted to use them.
APP STORE SOURCED APPLICATION.
With respect to an URBO App accessed through or downloaded from the Apple App Store ("App Store Sourced Application"), you will use the App Store Sourced Application only:
on an Apple-branded product that runs iOS (Apple's proprietary operating system software); and
as permitted by the "Usage Rules" set forth in the Apple App Store Terms of Service. URBO reserves all rights in and to the URBO App not expressly granted to you under these User Terms.
You acknowledge and agree that:
these User Terms are valid between you and URBO only, and not Apple, and
URBO, not Apple, is solely responsible for the App Store Sourced Application and content thereof.
You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.
In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will, where applicable, refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between URBO and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of URBO.
You and URBO acknowledge that, as between URBO and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to:
• product liability claims;
• any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and
• claims arising under consumer protection or similar legislation.
You and URBO acknowledge that, in the event of any third party claim that the App Store Sourced Application or your possession and use of an App Store Sourced Application infringes that third party's intellectual property rights, as between URBO and Apple, URBO, not Apple, will be solely responsible for the investigation, defense, settlement and/or discharge of any such intellectual property infringement claim to the extent required by this Agreement.
You and URBO acknowledge and agree that Apple, and Apple's subsidiaries, are third party beneficiaries in relation to your license of the App Store Sourced Application, and that, upon your acceptance of these User Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the rights under these User Terms as related to your license of the App Store Sourced Application against you as a third party beneficiary thereof.
Without limiting any provisions of these User Terms, you must comply with all applicable third party terms of agreement when using the App Store Sourced Application.
THIRD PARTY INTERACTIONS.
During the use of the Website, the URBO App and the Services, links to websites that are owned and controlled by third parties may be provided from time to time in order to enter into correspondence with, purchase goods and/or services from, or participate in promotions of, third parties. These links take you off the Website, the URBO App and the Services and are beyond URBO's control.
During use of the Website, the URBO App and the Services, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of, third party service providers, advertisers or sponsors showing their goods and/or services through a link on the Website or through the URBO App or the Services. These links take you off the Website, the URBO App and the Services and are beyond URBO's control. The websites you can link to are likely to have their own terms and conditions including a privacy policy. URBO is not responsible and cannot be held liable for the content and activities of these websites or the terms and conditions relating thereto. You visit or access these websites entirely at your own risk.
Please note that such websites may send their own cookies to users, collect data and/or solicit personal information, and you are therefore advised to check the terms and conditions of use of such websites prior to using them.
TERM AND TERMINATION OF THE CONTRACT.
This agreement in respect of the User Terms between URBO and you shall (subject to this paragraph) subsist for an indefinite period.
You are entitled to terminate this agreement in respect of the User Terms at any time by permanent deletion of the URBO App installed on your smartphone, thus disabling the use by you of the URBO App and the Services. You can close your user account at any time by following the instructions in the URBO app.
URBO is entitled to terminate this agreement in respect of the User Terms at any time and with immediate effect (by disabling your use of the URBO App and the Services) if you:
• violate or breach any term of these User Terms, or
• in the opinion of URBO, misuse the URBO App or the Services.
URBO is not obliged to give you notice of such termination in advance. After termination URBO will give notice thereof in accordance with these User Terms.
INVALIDITY OF ONE OR MORE PROVISIONS.
The invalidity of any part of these User Terms shall not affect the validity of the other provisions of these User Terms.
If and to the extent that any part of these User Terms is invalid, or is unacceptable in the given circumstances according to the criteria of reasonableness and fairness, a provision shall apply between the parties instead that is acceptable considering all the circumstances and which corresponds with the provisions of the invalid part as much as possible, taking into account the content and the purpose of these User Terms.
MODIFICATION OF THE SERVICE AND USER TERMS.
URBO reserves the right, at its sole discretion, to modify or replace any of these User Terms, or change, suspend, or discontinue the Services or the URBO App (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Website or by sending you notice through the Services, the URBO App or via email. URBO may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.
7. OTHER PROVISIONS
APPLICABLE LAW.
These Terms are governed by and construed in accordance with the laws of Republic of Bulgaria, without giving effect to any conflict of law principles.
CLAIMS OF COPYRIGHT INFRINGEMENT.
Claims of copyright infringement should be sent to URBO's designated agent. Please visit URBO's Website at www.urboapp.com for the designated address and additional information.
NOTICE.
URBO may give notice by means of a general notice on the Services or the URBO App, or by email to an email address previously supplied by you, or by written communication sent by regular mail to an address previously supplied by you. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email).
CONTACTS
Users/Clients may contact URBO for any questions or feedback regarding the Services at the following address:
No 3 Dobromir Hriz str.
Sofia, Bulgaria
Email: office@urboapp.com.
Phone: 070070270
