Terms of Service

Effective date: June 13, 2024

Introduction and Acceptance
BESSIA OÜ (“BESSIA”, “we”, “us”, and “our”) offers you access to its voice-to-voice translation mobile application. These Terms of Service (“Terms”) govern your use of our application and any related services (collectively, the “Services”).

PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING OUR SERVICES. BY USING ANY OF OUR SERVICES, YOU AGREE TO COMPLY WITH THESE TERMS. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, DO NOT USE OUR SERVICES.

Intellectual Property
Our Services and associated content, including but not limited to all text, graphics, images, software, and other materials (collectively, the “Service Content”), and all intellectual property rights to the same, are owned by us, our licensors, or both. Except for the limited use rights granted to you in these Terms, you shall not acquire any right, title, or interest in our Services or any Service Content. All rights not expressly granted in these Terms are expressly reserved.

Access and Use
	1.	License: Our Services are provided for your personal, non-commercial use only. You are granted a limited, non-exclusive, non-transferable, revocable license to access and use our Services in accordance with these Terms.
	2.	Restrictions: You may not:
	•	Copy, modify, or create derivative works of our Service Content;
	•	Use our Services for any unlawful purpose;
	•	Reverse engineer, decompile, or disassemble any part of our Services;
	•	Remove or alter any copyright, trademark, or other proprietary notices from our Services;
	•	Use any automated means to access our Services;
	•	Collect or harvest any personally identifiable information from our Services.

Memberships and Subscriptions
	1.	General Terms: By registering for the Services, you agree to provide accurate and up-to-date information and to maintain the confidentiality of your account details.
	2.	Subscriptions: We offer both free and paid subscription options. Paid subscriptions provide access to additional features and content. Subscription fees are billed on a recurring basis as per the chosen plan.
	3.	Refunds: Purchases through the Apple App Store are subject to Apple’s refund policy. If purchased through our website, we offer a one-time refund for the first month or initial annual subscription if requested within 30 days of purchase.
	4.	Payment: You agree to provide accurate payment information and to promptly update any changes. You are responsible for all applicable fees and charges.
	5.	Cancellation: You may cancel your subscription at any time, effective at the end of the current billing period.
Service Content & Third-Party Links
	1.	Content: Our Services may include content from third parties or links to third-party websites. We are not responsible for the accuracy, completeness, or reliability of any third-party content.
	2.	Links: We do not control third-party websites and are not responsible for their content or any damages resulting from your use of them.

Indemnification
You agree to indemnify and hold harmless BESSIA, its officers, directors, employees, and agents from any claims, liabilities, damages, and expenses arising from your use of our Services or any violation of these Terms.

Disclaimer of Warranties
OUR SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, BESSIA SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF THE SERVICES. OUR TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING FROM YOUR USE OF THE SERVICES SHALL NOT EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SERVICES.

Termination
We reserve the right to terminate or suspend your access to our Services at any time, without notice, for conduct that we believe violates these Terms or is harmful to other users of our Services, us, or third parties.

Choice of Law; Jurisdiction and Venue
These Terms shall be governed by the laws of Estonia. Any legal proceedings arising out of or relating to these Terms shall be brought exclusively in the courts of Estonia.

Dispute Resolution & Mandatory Arbitration
Any disputes arising under these Terms shall be resolved through binding arbitration, except for disputes that qualify for small claims court or involve claims of intellectual property infringement.

No Class Actions
YOU AGREE TO RESOLVE ANY DISPUTES WITH US ON AN INDIVIDUAL BASIS IN ARBITRATION, AND WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

Amendment; Additional Terms
We reserve the right to modify these Terms at any time. Any changes will be effective immediately upon posting. Your continued use of the Services following the posting of changes will constitute your acceptance of such changes.

Miscellaneous
If any part of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect. These Terms constitute the entire agreement between you and BESSIA regarding your use of the Services.

Contact Information
BESSIA OÜ (registration code 16309857) is registered at Siidisaba tn 12a-18, Harjumaa, Tallinn, Kristiine linnaosa 11311, Estonia. If you have any questions or concerns about these Terms, please contact us at: info@bessia.net.