Terms of Service

These Terms of Service ("Terms," "Agreement") constitute a legally binding agreement between you ("User," "you," or "your") and InDevLab Ro S.R.L. ("Company," "we," "us," or "our"), a company registered in Romania, governing your access to and use of the MyKinDomApp mobile application ("the App"), including all content, features, functionality, and services offered through the App.

By downloading, installing, accessing, or using MyKinDomApp, you confirm that:

1. You have read, understood, and agree to be bound by these Terms and our Privacy Policy;
2. You are at least 16 years of age (the age of digital consent under the GDPR as applicable in Romania); and
3. You have the legal capacity to enter into this Agreement.

If you do not agree to these Terms, you must immediately cease all use of the App and uninstall it from your device.

These Terms are prepared in compliance with:

• Regulation (EU) 2016/679 — General Data Protection Regulation ("GDPR")
• Directive 2011/83/EU — Consumer Rights Directive ("CRD"), as amended by Directive (EU) 2019/2161 and Directive (EU) 2023/2673
• Directive (EU) 2019/770 — Digital Content and Digital Services Directive ("DCD")
• Directive 93/13/EEC — Unfair Contract Terms Directive ("UCTD")
• Directive 2005/29/EC — Unfair Commercial Practices Directive ("UCPD")
• Directive 2000/31/EC — E-Commerce Directive
• Romanian Civil Code (Law No. 287/2009) and relevant Romanian consumer protection legislation (O.G. No. 21/1992, Law No. 193/2000 on unfair terms in consumer contracts)
• Google Play Store and Apple App Store developer policies and guidelines

MyKinDomApp is a mobile application available on Android (via Google Play Store) and iOS (via Apple App Store). The App provides its core functionality as described on its respective app store listing page.

The App includes the following features and components:

• Core App Functionality — the primary features and content as described in the app store listing
• In-App Purchases — optional digital content or features available for purchase within the App
• Advertisements — personalised and/or non-personalised advertisements served through Google AdMob, subject to your consent preferences
• Analytics — anonymous usage data collection through Firebase Analytics to improve the App's performance and user experience

The specific features and functionalities of the App may change over time. We reserve the right to modify, update, enhance, or discontinue any part of the Service, subject to the provisions of Section 17 (Changes to the Service) of these Terms.

4.1 Minimum Age

MyKinDomApp is not directed at children under the age of 16 (in accordance with Art. 8(1) GDPR and Romanian Law No. 190/2018). By using the App, you represent and warrant that you are at least 16 years of age or that you have the consent of a parent or legal guardian who has reviewed and agreed to these Terms on your behalf.

4.2 Parental Responsibility

If you are a parent or legal guardian who has consented to a minor's use of the App, you agree to be fully responsible for that minor's use of the App, including all financial obligations arising from in-app purchases.

4.3 Compliance with Local Law

You are responsible for ensuring that your use of the App complies with all laws and regulations applicable in your jurisdiction. If the use of the App is prohibited or restricted in your jurisdiction, you must refrain from using it.

5.1 Grant of Licence

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to download, install, and use the App on a compatible mobile device that you own or control, solely for your personal, non-commercial purposes.

5.2 Licence Restrictions

You agree not to:

• Copy, modify, adapt, translate, reverse-engineer, decompile, disassemble, or create derivative works based on the App or any part thereof, except to the extent expressly permitted by applicable mandatory law (including but not limited to Directive 2009/24/EC on the legal protection of computer programs);
• Sell, rent, lease, sublicense, distribute, assign, or otherwise transfer the App or any rights therein to any third party;
• Remove, alter, or obscure any copyright, trademark, or other proprietary notices contained in or on the App;
• Use the App for any unlawful, harmful, fraudulent, or abusive purpose;
• Use the App in any manner that could damage, disable, overburden, or impair the App or interfere with any other party's use of the App;
• Use any automated means, including bots, scrapers, or scripts, to access or interact with the App;
• Attempt to gain unauthorised access to the App, its servers, or any systems or networks connected to the App;
• Exploit the App, or any of its components, for any commercial purpose without our prior written consent; or
• Use the App in violation of any applicable law or regulation, including but not limited to data protection, consumer protection, intellectual property, and export control laws.

5.3 Reservation of Rights

All rights not expressly granted to you under these Terms are reserved by InDevLab Ro S.R.L. This licence does not constitute a sale of the App or any copy thereof.

6.1 Ownership

The App, including but not limited to its source code, object code, design, layout, graphics, visual elements, animations, sound effects, music, text, databases, gameplay mechanics, user interface, and all other content and materials (collectively, "App Content"), is the exclusive property of InDevLab Ro S.R.L. or its licensors and is protected by applicable copyright, trademark, trade secret, patent, and other intellectual property or proprietary rights laws, including:

• Romanian Law No. 8/1996 on Copyright and Neighbouring Rights
• Directive 2001/29/EC on Copyright in the Information Society
• Directive 2009/24/EC on the Legal Protection of Computer Programs
• Directive 96/9/EC on the Legal Protection of Databases

6.2 Trademarks

"MyKinDomApp," the App's logo, and all related names, logos, product and service names, designs, and slogans are trademarks of InDevLab Ro S.R.L. or its affiliates. You are not permitted to use these marks without our prior written consent.

6.3 Feedback

If you provide us with any suggestions, ideas, improvements, or other feedback regarding the App ("Feedback"), you hereby grant us a worldwide, perpetual, irrevocable, royalty-free, fully paid-up, sublicensable, and transferable licence to use, reproduce, modify, create derivative works from, distribute, and otherwise exploit such Feedback for any purpose and without any obligation to you.

7.1 Availability

The App may offer digital content, features, or items for purchase ("In-App Purchases"). In-App Purchases are processed exclusively through the platform store from which you downloaded the App — either Google Play (operated by Google LLC) or the Apple App Store (operated by Apple Inc.).

7.2 Payment Processing

All payment transactions for In-App Purchases are handled directly by Google Play or the Apple App Store, acting as the merchant of record for such transactions. We do not collect, process, or store your payment information (e.g., credit card numbers, bank account details). By making an In-App Purchase, you agree to the applicable payment terms and conditions of the respective platform store:

• Google Play Terms of Service: https://play.google.com/intl/en_us/about/play-terms/
• Apple Media Services Terms and Conditions: https://www.apple.com/legal/internet-services/itunes/

7.3 Prices and Currency

All prices for In-App Purchases are displayed within the App and are inclusive of applicable taxes (VAT), unless otherwise stated. Prices are set in the currency of your platform store region and may vary by country. We reserve the right to change prices at any time, but any price changes will not affect purchases already completed.

7.4 Delivery of Digital Content

Upon successful completion of an In-App Purchase, the purchased digital content or feature will be made available to you within the App immediately or within a reasonable time. By initiating an In-App Purchase for digital content that is delivered immediately, you expressly acknowledge and consent that delivery begins immediately upon purchase confirmation, and you thereby waive your right of withdrawal under Art. 16(m) of Directive 2011/83/EU (Consumer Rights Directive), to the extent permitted by applicable law.

7.5 Refunds

Refund policies for In-App Purchases are governed by the terms of the platform store through which the purchase was made:

• Google Play Refund Policy: https://support.google.com/googleplay/answer/2479637
• Apple Refund Policy: https://support.apple.com/en-us/HT204084

If you believe a purchase was made in error or without your authorisation, please contact the respective platform store directly. You may also contact us at [email protected] and we will assist you to the extent possible.

7.6 Conformity of Digital Content

In accordance with Directive (EU) 2019/770 (Digital Content and Digital Services Directive), any digital content or digital service supplied through In-App Purchases shall be:

• In conformity with the contract, including any pre-contractual information provided;
• Fit for the purposes for which digital content or digital services of the same type would normally be used;
• Of a quality and performance which are normal in digital content or digital services of the same type and which you may reasonably expect;
• Supplied in the most recent version available at the time of the conclusion of the contract, unless otherwise agreed.

If the digital content or digital service does not conform to the above requirements, you have the right to have the digital content or digital service brought into conformity, to receive a proportionate reduction of the price, or to terminate the contract, in accordance with the provisions of Directive (EU) 2019/770 and applicable Romanian law.

7.7 Virtual Items and Currency

Any virtual items, currency, or other digital goods obtained through In-App Purchases or through use of the App have no real-world monetary value and cannot be exchanged, refunded (except as provided by law), sold, or transferred outside the App. Virtual items are licensed to you, not sold, and we may manage, control, modify, or discontinue virtual items at our discretion, subject to applicable law.

8.1 Display of Advertisements

The App displays advertisements provided by Google AdMob (a service of Google LLC). These advertisements may appear in various formats within the App.

8.2 Personalised vs. Non-Personalised Ads

Upon first launch of the App, or when your consent preferences change, a consent dialog will be presented asking for your permission to serve personalised advertisements. You may accept or decline this consent freely:

• If you consent, Google AdMob may use device identifiers and other information to serve advertisements tailored to your interests;
• If you decline, you may still see non-personalised advertisements that are not based on your personal data or behavioural profile.

Your consent may be withdrawn at any time through the App's settings or through your device's privacy settings, and withdrawal is as easy as providing consent. For more details, please refer to our Privacy Policy.

8.3 Third-Party Content

We do not control, endorse, or assume any responsibility for the content, accuracy, quality, or legality of any third-party advertisements displayed within the App. Your interaction with any advertised content, including any purchases from or dealings with third-party advertisers, is solely between you and the respective third party. We shall not be liable for any loss, damage, or claim arising from your interaction with third-party advertisements.

9.1 General Conduct

You agree to use the App only for lawful purposes and in accordance with these Terms. You shall not use the App in any way that:

• Violates any applicable local, national, EU, or international law or regulation;
• Infringes the intellectual property, privacy, publicity, or other rights of any third party;
• Is fraudulent, deceptive, misleading, or constitutes an unfair commercial practice;
• Introduces viruses, trojans, worms, logic bombs, or other material that is technologically harmful;
• Attempts to circumvent any technological protection measures or security features of the App;
• Involves the collection or harvesting of any data or personal information from the App or its users; or
• Otherwise interferes with or disrupts the integrity, performance, or availability of the App.

9.2 Consequences of Violation

If we determine, in our reasonable discretion, that you have violated these Terms, we may take any action we deem appropriate, including but not limited to:

• Issuing a warning to you;
• Temporarily or permanently suspending or restricting your access to the App;
• Revoking any In-App Purchases (to the extent permitted by law);
• Reporting the violation to relevant law enforcement authorities.

10.1 Platform Stores

The App is distributed through the Google Play Store and the Apple App Store. Your download and use of the App is also subject to the terms and conditions of the respective platform store. In the event of any conflict between these Terms and the terms of the platform store with respect to the distribution and download of the App, the platform store terms shall prevail to the extent of the conflict.

10.2 Third-Party SDKs and Services

The App integrates the following third-party software development kits (SDKs) and services:

These third-party services are governed by their own terms of service and privacy policies. By using the App, you acknowledge and agree that your use of the App may be subject to the terms and conditions of these third-party service providers:

• Google Terms of Service: https://policies.google.com/terms
• Apple Terms of Service: https://www.apple.com/legal/internet-services/itunes/

10.3 Acknowledgement Regarding Apple

If you are using the App on an iOS device, you acknowledge and agree that:

• These Terms are between you and InDevLab Ro S.R.L. only, not with Apple Inc.;
• Apple has no obligation to furnish any maintenance or support services with respect to the App;
• In the event of any failure of the App to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price (if any) for the App. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation with respect to the App;
• Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App;
• In the event of any third-party claim that the App infringes that third party's intellectual property rights, InDevLab Ro S.R.L., not Apple, shall be solely responsible for the investigation, defence, settlement, and discharge of any such intellectual property infringement claim;
• Apple and its subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance, Apple will have the right to enforce these Terms against you as a third-party beneficiary.

Your use of the App is also governed by our Privacy Policy, which is incorporated into these Terms by reference. The Privacy Policy explains how we collect, use, store, and protect your personal data in compliance with the GDPR, Romanian Law No. 190/2018, and Romanian Law No. 506/2004.

Key data protection points relevant to these Terms:

• We collect device identifiers, app usage data, and advertising data through Firebase Analytics and Google AdMob;
• We do not collect your name, email, phone number, or precise geolocation unless you voluntarily provide such data by contacting us;
• All payment data is processed exclusively by Google Play or Apple App Store — we never access or store your payment details;
• You have rights under the GDPR including access, rectification, erasure, restriction, data portability, and objection;
• You may contact us at [email protected] to exercise any of your data protection rights.

For the full details, please review our Privacy Policy.

12.1 "As Is" and "As Available"

To the maximum extent permitted by applicable law, the App is provided on an "AS IS" and "AS AVAILABLE" basis, without warranties of any kind, whether express, implied, or statutory, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising out of course of dealing or usage of trade.

12.2 No Guarantee of Availability

We do not warrant or represent that:

• The App will be uninterrupted, timely, secure, or error-free;
• The results obtained from the use of the App will be accurate, reliable, or complete;
• Defects or errors in the App will be corrected;
• The App will be compatible with all devices, operating systems, or networks; or
• The App will be free from viruses, malware, or other harmful components.

12.3 Consumer Statutory Rights Preserved

Nothing in these Terms shall affect or limit your statutory rights as a consumer under applicable EU and Romanian law, including but not limited to:

• Directive (EU) 2019/770 — rights relating to the conformity of digital content and digital services;
• Romanian Government Ordinance No. 21/1992 — on consumer protection;
• Romanian Law No. 193/2000 — on unfair terms in consumer contracts.

Any provisions of these Terms that would be deemed unfair under Directive 93/13/EEC (Unfair Contract Terms Directive) or Romanian Law No. 193/2000 shall be considered null and void, without affecting the validity of the remaining provisions.

13.1 General Limitation

To the maximum extent permitted by applicable law, and without prejudice to your mandatory consumer rights under EU and Romanian law, InDevLab Ro S.R.L. and its officers, directors, employees, agents, and affiliates shall not be liable for:

• Any indirect, incidental, special, consequential, punitive, or exemplary damages;
• Loss of profits, revenue, data, goodwill, or other intangible losses;
• Any damages arising from your use of, or inability to use, the App;
• Any damages arising from unauthorised access to or alteration of your data;
• Any damages arising from the content, products, or services of third parties, including advertisements displayed within the App; or
• Any damages arising from events beyond our reasonable control, including but not limited to force majeure events, internet or telecommunications failures, or actions of third-party service providers.

13.2 Cap on Liability

In any case, to the extent permitted by applicable law, our total aggregate liability to you for all claims arising out of or relating to these Terms or your use of the App shall not exceed the greater of:

• The total amount you paid to us through In-App Purchases in the twelve (12) months immediately preceding the event giving rise to the claim; or
• Fifty euros (€50).

13.3 Mandatory Consumer Protections

This Section does not exclude or limit our liability for:

• Death or personal injury caused by our negligence;
• Fraud or fraudulent misrepresentation;
• Any liability that cannot be excluded or limited under applicable EU or Romanian law, including mandatory consumer protection provisions;
• Obligations arising under Directive (EU) 2019/770 regarding conformity of digital content and digital services.

To the extent permitted by applicable law, you agree to indemnify, defend, and hold harmless InDevLab Ro S.R.L. and its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or in connection with:

• Your breach of these Terms;
• Your violation of any applicable law or regulation;
• Your misuse of the App; or
• Your infringement of any third-party rights.

This indemnification obligation does not apply to the extent that a claim arises from our own negligence, wilful misconduct, or breach of these Terms.

15.1 Termination by You

You may terminate this Agreement at any time by:

• Uninstalling the App from your device; and
• Ceasing all use of the App.

15.2 Termination by Us

We may terminate or suspend your access to the App, in whole or in part, at any time, with or without cause and with or without prior notice, if:

• You breach any provision of these Terms;
• We are required to do so by law, regulation, or a court order;
• We discontinue the App or any part thereof;
• We reasonably believe that your use of the App poses a security risk or threat to the App, other users, or third parties; or
• Continued provision of the App to you is no longer commercially viable.

15.3 Effects of Termination

Upon termination of this Agreement:

• Your licence to use the App is immediately revoked;
• You must cease all use of the App and delete all copies from your devices;
• Any provisions of these Terms that by their nature should survive termination shall remain in effect, including but not limited to Sections 6 (Intellectual Property), 12 (Disclaimer of Warranties), 13 (Limitation of Liability), 14 (Indemnification), and 19 (Governing Law and Dispute Resolution);
• Termination shall not affect any rights or liabilities accrued prior to termination.

15.4 Preservation of Consumer Rights

Termination by us shall not affect any mandatory consumer rights you may have under applicable EU and Romanian law, including any rights to refunds or remedies for non-conforming digital content under Directive (EU) 2019/770.

16.1 14-Day Withdrawal Right

Under the Consumer Rights Directive (2011/83/EU), if you are a consumer within the EU/EEA, you have the right to withdraw from a distance contract within 14 calendar days from the date of the conclusion of the contract, without providing any justification.

16.2 Waiver for Immediate Digital Content Delivery

For In-App Purchases of digital content that is not supplied on a tangible medium and where performance has begun with your prior express consent:

• By confirming an In-App Purchase, you expressly consent to the immediate delivery of the digital content; and
• You acknowledge that you thereby lose your right of withdrawal once the digital content has been fully delivered, in accordance with Art. 16(m) of Directive 2011/83/EU.

16.3 How to Exercise Your Right of Withdrawal

If the right of withdrawal has not been waived as described above, you may exercise your right of withdrawal by:

• Contacting us at [email protected] with a clear statement of your decision to withdraw; or
• Using the refund mechanisms provided by the platform store (Google Play or Apple App Store) from which the purchase was made.

We will process your withdrawal request promptly and in any event no later than 14 days from the date on which we are informed of your decision to withdraw.

17.1 Modifications

We may from time to time update, modify, enhance, or discontinue any features, content, or functionality of the App. Where such changes materially and negatively affect your access to or use of the App, and where required by Directive (EU) 2019/770, we will:

• Inform you in advance of the change;
• Provide you with the option to terminate the contract if the change negatively affects your use of the digital content or digital service in a more than minor way; and
• Where applicable, provide you with a pro rata refund.

17.2 Maintenance and Updates

We may release updates and patches to the App to fix bugs, improve performance, or ensure compatibility. You are encouraged to keep the App updated to the latest version. We are not responsible for any issues arising from your use of an outdated version of the App.

18.1 Right to Amend

We reserve the right to modify or replace these Terms at any time. When we make material changes:

• The "Last Updated" date at the top of these Terms will be revised;
• We will notify you through a notice within the App or via other reasonable means;
• Where material changes affect your rights or obligations, we will provide you with at least 30 days' prior notice before the changes take effect.

18.2 Acceptance of Changes

Your continued use of the App after the effective date of any changes constitutes your acceptance of the updated Terms. If you do not agree with the modified Terms, you must stop using the App and uninstall it from your device.

18.3 Unfair Terms Protection

In accordance with Directive 93/13/EEC (Unfair Contract Terms Directive) and Romanian Law No. 193/2000, any amendment to these Terms that would create a significant imbalance to the detriment of the consumer, contrary to the requirement of good faith, shall be deemed unfair and shall not be binding upon you.

19.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of Romania, without regard to its conflict of law provisions, and where applicable, the mandatory consumer protection rules of the EU Member State in which you are habitually resident.

19.2 Consumer Protection

In accordance with Regulation (EU) No 1215/2012 (Brussels I Recast), if you are a consumer habitually resident in the EU, you may bring proceedings in the courts of your Member State of domicile. Nothing in these Terms shall deprive you of the protection afforded by the mandatory rules of the law of your country of habitual residence.

19.3 Online Dispute Resolution

In accordance with Regulation (EU) No 524/2013, the European Commission provides an Online Dispute Resolution (ODR) platform, which you may use to resolve disputes arising from online contracts:

ODR Platform: https://ec.europa.eu/consumers/odr

Our email address for ODR purposes is: [email protected]

19.4 Amicable Resolution

Before initiating any formal proceedings, we encourage you to contact us at [email protected] so that we may attempt to resolve any dispute amicably. We will endeavour to respond to your complaint within 30 days.

19.5 Jurisdiction

Subject to your mandatory consumer rights under Section 19.2, any disputes arising out of or in connection with these Terms that cannot be resolved amicably shall be submitted to the exclusive jurisdiction of the competent courts of Bucharest, Romania.

If any provision of these Terms is found to be invalid, unlawful, or unenforceable by a court of competent jurisdiction, that provision shall be deemed modified to the minimum extent necessary to make it valid, lawful, and enforceable. If modification is not possible, the provision shall be deemed severed from these Terms. The invalidity or unenforceability of any provision shall not affect the validity or enforceability of the remaining provisions.

These Terms, together with our Privacy Policy and any supplemental terms or policies referenced herein, constitute the entire agreement between you and InDevLab Ro S.R.L. with respect to your use of the App and supersede all prior or contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the App.

No failure or delay by InDevLab Ro S.R.L. in exercising any right, power, or privilege under these Terms shall operate as a waiver thereof. A single or partial exercise of any right, power, or privilege shall not preclude any other or further exercise thereof or the exercise of any other right, power, or privilege.

You may not assign or transfer these Terms or any rights or obligations hereunder, in whole or in part, without our prior written consent. We may assign or transfer these Terms, in whole or in part, without your consent, provided that such assignment does not reduce the level of consumer protection afforded to you under these Terms or applicable law. Any purported assignment in violation of this Section shall be null and void.

We shall not be liable for any failure or delay in the performance of our obligations under these Terms to the extent that such failure or delay results from circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemics, wars, terrorism, riots, embargoes, acts of governmental authorities, power failures, telecommunications failures, internet disruptions, or cyberattacks. In such an event, our obligations shall be suspended for the duration of the force majeure event.

These Terms are drafted in English. If these Terms are translated into any other language, the English version shall prevail in the event of any inconsistency or discrepancy between the English version and any translation.

Any notices or communications under these Terms may be provided by us through the App (e.g., in-app notifications or pop-up messages) or by email to the address associated with your platform store account (if available). You may contact us at:

Except as expressly provided in Section 10.3 (Acknowledgement Regarding Apple), these Terms do not confer any rights or remedies upon any person or entity other than you and InDevLab Ro S.R.L.

We are committed to making MyKinDomApp as accessible as possible and strive to comply with applicable accessibility standards, including the requirements of the European Accessibility Act (Directive (EU) 2019/882), to the extent applicable to our App. If you experience any accessibility issues, please contact us at [email protected].

If you have any questions, concerns, or complaints regarding these Terms or the App, please contact us:

We aim to respond to all legitimate inquiries within 30 days. If your request is particularly complex, we will notify you and may extend the response period by up to 60 additional days, in accordance with applicable law.