General Terms

General Terms and Conditions of Use (GTCU)

These General Terms and Conditions of Use (GTCU) govern the use of the Babaoo mobile Application and any associated Website, in particular the babaoo.com site, offered by BABAOO. By using the BABAOO Application, you accept the terms and conditions set out below. Please read these GTCU carefully before using the Application.

1. Definitions

The words and expressions below beginning with a capital letter, in the singular or plural, are used in these Terms and Conditions with the following meaning:

  • “BABAOO”: refers to the Company Babaoo, SIREN number 880800735.
  • “Website”: the babaoo.com website which is published by BABAOO.
  • “Application”: the BABAOO smartphone and tablet application available on the App Store and Google Play Store.
  • “Account”: refers to a user’s individual account which is universal to all their terminals and all BABAOO services. It enables him to access his personal information from the Website and the App and to create profiles for each of the players.

2. Acceptance of the Terms

By accessing or using the Application, you agree to be bound by these Terms of Use and to comply with all applicable laws. If you do not accept these Terms of Use, without limitation or qualification, you may not use the Application. BABAOO may revise these Terms of Use at any time and at its sole discretion by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms of Use to which you are bound.

3. Intended use of the Application

The Application and its content are for personal or professional use only. You may not use the Application and its content for profit.

4. Description of the Application

BABAOO is an educational mobile Application designed for children aged 7 to 11. It offers a variety of fun and neuro-educational activities, such as the creation and evolution of their avatar in a universe called the Brain-World, mini-games, challenges to complete at home, aimed at stimulating their cognitive, creative and social development in a fun and safe way.

5. Access to the Application

The BABAOO Application can be accessed via the Application download platforms (App Store for iOS, Google Play Store for Android). You must have a compatible device and an Internet connection to download and use the Application. Access to certain features of the Application may require the creation of a User Account.

6. Licence to use the Application

Subject to your continued compliance with the General Terms of Use, you are granted a limited license to use the Application solely for non-profit entertainment and/or remedial purposes, accessed with authorized, unmodified BABAOO software. You may not use the Application for any other purpose, or in connection with any other software.

Under the terms of this licence, you agree not to, under any circumstances:

a – Use software to cheat or any other unauthorised third party software designed to modify the Services.

b – Use the Application, or any aspect of the Application, for profit, including (without limitation):

  • Use on a geolocated site without the written consent of BABAOO.
  • To offer virtual currency.
  • To sell paid Subscriptions outside the Application or any official BABAOO channel.
  • To perform services in the Application in exchange for payment outside the Application, including, but not limited to, advancing in the story, completing quests, mini-games, challenges, improving characters.

c – Modify or cause to be modified any file forming part of the Application in any way whatsoever.

d – Breach any applicable law or regulation in connection with the use of the Application.

e – Redistribute, sell or copy in any way whatsoever any product and/or service offered by BABAOO.

f – Modify, translate or create derivative works based on BABAOO.

g – Delete any identification, copyright or other notice of ownership.

h – Create any software, product or service.

Without limiting the foregoing, it is expressly forbidden to copy or reproduce the content of the Application on any other server or location with a view to subsequent reproduction or redistribution. You acknowledge that BABAOO is not intended for use in connection with any high-risk activity or which involves losses of any kind and that BABAOO offers no guarantee and cannot be held liable for the use of the Application or the services in such situations.

Users assume full responsibility (including copyright) for any content posted, uploaded, submitted or added in any way whatsoever in the Application or on the Website. Parents or legal guardians, teachers and remediators assume full and automatic responsibility for the conduct of users under the age of 18.

7. Creating an Account

Once the Application has been downloaded, to start playing it, the Responsible Person must create an Account, by entering their email address, a password and a PIN code.

Once the Account has been created, the parent, teacher or tutor is invited to create the player profile(s). You agree not to use players’ personal information, such as their first and last names. You agree not to share your email address, password, PIN code or Account details. You also agree to take full responsibility for maintaining the confidentiality of your login details and use of your Account. If at any time you believe that you have been the victim of a security breach, loss, theft or unauthorised access to such login information, please contact our customer support team at rgpd@babaoo.com.

8. Personal Data

As part of our service, we may process your personal data. For more information, see our privacy policy.

9. User-Generated Content

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You are responsible for any content that you publish, share or submit via the BABAOO Application. You guarantee that any content you provide is legal, respects the rights of third parties and is appropriate for a child audience. BABAOO reserves the right to remove any content deemed inappropriate or in breach of these TOU.

10. Modifications to the GTC

BABAOO reserves the right to modify these Terms and Conditions of Use at any time. Modifications will come into force as soon as they are published in the Application. Please consult the T&Cs regularly to be informed of any changes. By continuing to use the Application after changes have been published, you accept the new TOU.

11. Termination

BABAOO reserves the right to terminate your access to the Application and your subscription at any time, without notice, in the event of a breach of these Terms and Conditions of Use or for any other reason deemed appropriate. You may also terminate your use of the Application at any time by deleting your Account.

12. Liability and Warranties

BABAOO endeavours to provide a high quality user experience, but cannot guarantee that the Application will be free from errors or bugs. Use of the Application is at your own risk.

Under no circumstances shall BABAOO be held liable for any direct or indirect damage, loss or injury resulting from the use or inability to use the Application or related services, except in the event of proven negligence.

13. Intellectual Property

All intellectual property rights relating to the BABAOO Application, including copyright in the Application and its content, or any document or content provided on the Website, including (without limitation), the BABAOO trademark, patents, graphics, text, photos, designs, logos, icons, images, data and software are owned by or licensed to BABAOO.

You are not authorised to reproduce, publish, distribute, sell, license, decompile, disassemble, modify, translate or adapt BABAOO in any way whatsoever, with the exception of the limited licence granted to you by BABAOO as indicated below.

BABAOO hereby grants you a limited, reversible and non-exclusive licence to use BABAOO when you publish material created by you, for strictly non-commercial purposes, on Youtube or a similar third party platform, provided that the use of BABAOO in your material :

    • is not the main element of your material, meaning that your own contribution to your material must be significant in relation to your use of BABAOO,

and

  • does not give the impression that you or your material is endorsed or approved by BABAOO,
  • is not unlawful, misleading, obscene, harmful or disparaging,
  • is not harmful or detrimental to the goodwill of BABAOO.

14. Marketing

If you agree to receive emails from BABAOO when you create an Account on our Website or App, we will use the email address you provide to send you relevant offers and information.

We do not sell, rent or lease your email address to third parties, and we will not provide your personal information to any third party person or company at any time, unless we are required to do so by law.

We will only use your email address to provide you with neuroeducational content or relevant information about products and services available from BABAOO.

15. Applicable Law and Jurisdiction

These Terms and Conditions of Use are governed by French law (excluding the law on the international sale of goods). Any dispute relating to these Terms and Conditions of Use shall be submitted exclusively to the Tribunal de Grande Instance de Paris, as the court of first instance.

If you have any questions or concerns regarding these Terms and Conditions of Use, please contact us at rgpd@babaoo.com.

16. Security

BABAOO uses SSL (Secure Socket Layers), the industry standard for information transfer to process your purchases. BABAOO secures communications by encrypting all data to and from the database. Stored data is also encrypted in the base.

17. Information on the Application and the Website

BABAOO cannot guarantee that the content of the Website is free from inaccuracies or typographical errors. Nor can we guarantee that all information is up to date. BABAOO may modify the content of the Website at any time. Although BABAOO endeavours to display the correct texts, images and prices on the Application and the Website, errors may occur.

Part of the Application or the services provided may be maintained by third party operators. Where BABAOO acts as an agent for these third party services, we cannot be held responsible for any errors resulting from their activities. BABAOO cannot be held liable for any damage caused by the use of the Application or the Website. BABAOO cannot guarantee trouble-free, uninterrupted and secure access to the Application or the Website.

The Website may contain links to other websites which are beyond our control. We cannot be held responsible for the content or privacy policies of these sites.

We also cannot be held responsible for errors in the application download platforms (App Store & Google Play Store), such as problems accessing the stores, downloads, incorrect display of screenshots of the Application, comments, referencing…

18. Version of the GTCU

The BABAOO Terms and Conditions were last updated in April 2024: Terms and Conditions 1.0.0.

By using the BABAOO Application, you accept these Terms and Conditions of Use.

 

General Terms and Conditions of Sale (GTCS)

These General Terms and Conditions of Sale (GTCS) govern the use of the Babaoo mobile Application and any associated Website, in particular the babaoo.com website, offered by BABAOO. By using the BABAOO Application, you accept the terms and conditions set out below. Please read these GTCS carefully before using the Application.

1. Definitions

The words and expressions below beginning with a capital letter, in the singular or plural, are used in these General Terms and Conditions with the following meaning:

  • “BABAOO”: Refers to the Babaoo Company, SIREN number 880800735.
  • “Website”: The babaoo.com website which is published by BABAOO.
  • “Application”: BABAOO’s smartphone and tablet application available on the App Store and Google Play Store.
  • “Account”: Refers to a user’s individual account which is universal to all their terminals and all BABAOO services. It enables him to access his personal information from the Website and the Application and to create profiles for each of the players.

2. Purpose

BABAOO offers monthly or annual subscriptions intended for parents, teachers or remedial staff, allowing them unlimited access to the content of the Application, as well as the ability to create several profiles on a single Account.

3. Subscriptions

3.1 Types of subscription: BABAOO offers two types of subscription: monthly and annual.

<3.2. Prices: Subscription prices are indicated on the Application and may be modified by BABAOO at any time. All price changes will be applicable from the subscription renewal date.

<3.3. Payment: Payment for the subscription is made via the payment methods offered by the application download platforms (App Store for iOS, Google Play Store for Android) and is due in advance for the chosen period.

<3.4. Modification of current subscription: at any time the user has the option of changing their subscription from their Account via the Application. Changes will take effect when the current subscription expires.

<3.5. Automatic renewal: subscriptions are renewed automatically at the end of each period, unless terminated by the user before the renewal date.

<3.6. Occasionally, BABAOO may offer subscription trials for a specified period without payment or at a reduced price.

4. Use of services

4.1. Access to content: the subscription gives access to all the content available on the BABAOO Application, as well as to the creation of several profiles on the same Account during the period of validity of the subscription.

<4.2. Personal use: the subscription is strictly personal and may not be assigned or transferred to a third party.

5. Cancellation

<5.1. Termination by the user: The user may terminate their subscription at any time from their account on the Application. Cancellation will take effect at the end of the current period.

If you have taken out a subscription via the App Store and wish to cancel it, go to the “Subscriptions” section of your Apple ID in the “Settings” of your device to cancel the subscription.

If you have taken out a subscription via the Google Play Store and do not wish to continue your subscription, go to the “Subscriptions” section of the Play Store to unsubscribe.

<5.2. Termination by BABAOO: BABAOO reserves the right to terminate a subscription in the event of non-compliance by the User with these T&Cs/GVs.

6. Liability

BABAOO undertakes to provide its services with diligence and professionalism. However, BABAOO cannot be held liable for service interruptions or damage resulting from the use of the Application.

7. Modifications to the GTC

BABAOO reserves the right to modify these GTC at any time. Users will be informed of any changes to the GTCs via the Application.

8. Applicable Law and Jurisdiction

These General Terms and Conditions of Sale are governed by French law (excluding the law on the international sale of goods). Any dispute relating to these General Terms and Conditions of Sale shall be submitted exclusively to the Tribunal de Grande Instance de Paris, as the court of first instance.

If you have any questions or concerns regarding these Terms and Conditions of Sale, please contact us at rgpd@babaoo.com.

9. Version of Terms and Conditions

The BABAOO Terms and Conditions were last updated in April 2024: Terms and Conditions 1.0.0.

By using the BABAOO Application, you accept these General Terms and Conditions of Sale.