Terms and Conditions of Bulkchoice

These Terms govern

the use of Bulkchoice, and,

any other related Agreement or legal relationship with the Owner

in a legally binding way. Capitalised words are defined in the relevant dedicated section of this document.

The User must read this document carefully.

Although the entire contractual relationship relating to these Products is entered into solely by the Owner

and Users, Users acknowledge and agree that, where Bulkchoice has been provided to them via the Apple

App Store, Apple may enforce these Terms as a third-party beneficiary.

Bulkchoice is provided by:

Bulkdev, 29 rue de gasté 29200 Brest, France

Owner contact email: bulkdev.contact@gmail.com

"Bulkchoice" refers to

applications for mobile, tablet and other smart device systems;

the Service;

any applications, sample and content files, source code, scripts, instruction sets or software included as

part of the Service, as well as any related documentation;

What the User should know at a glance

Please note that some provisions in these Terms may only apply to certain categories of Users. In

particular, certain provisions may only apply to Consumers or to those Users that do not qualify as

Consumers. Such limitations are always explicitly mentioned within each affected clause. In the

absence of any such mention, clauses apply to all Users.

Usage of Bulkchoice and the Service is age restricted : to access and use Bulkchoice and its

Service the User must be an adult under applicable law.

Unless otherwise specified, the terms of use detailed in this section apply generally when using Bulkchoice.

Single or additional conditions of use or access may apply in specific scenarios and in such cases are

additionally indicated within this document.

By using Bulkchoice, Users confirm to meet the following requirements:

There are no restrictions for Users in terms of being Consumers or Business Users;

Users must be recognised as adult by applicable law;

Users aren’t located in a country that is subject to a U.S. Government embargo, or that has been

designated by the U.S. Government as a “terrorist-supporting” country;

Users aren’t listed on any U.S. Government list of prohibited or restricted parties;

Account registration

To use the Service Users must register or create a User account, providing all required data or information in

a complete and truthful manner.

Failure to do so will cause unavailability of the Service.

Users are responsible for keeping their login credentials confidential and safe. For this reason, Users are also

required to choose passwords that meet the highest standards of strength permitted by Bulkchoice.

By registering, Users agree to be fully responsible for all activities that occur under their username and

password.

Users are required to immediately and unambiguously inform the Owner via the contact details indicated in

this document, if they think their personal information, including but not limited to User accounts, access

credentials or personal data, have been violated, unduly disclosed or stolen.

Conditions for account registration

Registration of User accounts on Bulkchoice is subject to the conditions outlined below. By registering, Users

agree to meet such conditions.

Accounts registered by bots or any other automated methods are not permitted.

Unless otherwise specified, each User must register only one account.

Unless explicitly permitted, a User account may not be shared with other persons.

Account termination

Users can terminate their account and stop using the Service at any time by doing the following:

By using the tools provided for account termination on Bulkchoice.

Account suspension and deletion

The Owner reserves the right, at its sole discretion, to suspend or delete at any time and without notice, User

accounts which it deems inappropriate, offencive or in violation of these Terms.

The suspension or deletion of User accounts shall not entitle Users to any claims for compensation, damages

or reimbursement.

The suspension or deletion of accounts due to causes attributable to the User does not exempt the User from

paying any applicable fees or prices.

Content on Bulkchoice

Unless where otherwise specified or clearly recognisable, all content available on Bulkchoice is owned or

provided by the Owner or its licensors.

The Owner undertakes its utmost effort to ensure that the content provided on Bulkchoice infringes no

applicable legal provisions or third-party rights. However, it may not always be possible to achieve such a

result.

In such cases, without prejudice to any legal prerogatives of Users to enforce their rights, Users are kindly

asked to preferably report related complaints using the contact details provided in this document.

The Owner holds and reserves all intellectual property rights for any such content.

Users may not therefore use such content in any way that is not necessary or implicit in the proper use of the

Service.

In particular, but without limitation, Users may not copy, download, share (beyond the limits set forth below),

modify, translate, transform, publish, transmit, sell, sublicence, edit, transfer/assign to third parties or create

derivative works from the content available on Bulkchoice, nor allow any third party to do so through the

User or their device, even without the User's knowledge.

Where explicitly stated on Bulkchoice, the User may download, copy and/or share some content available

through Bulkchoice for its sole personal and non-commercial use and provided that the copyright attributions

and all the other attributions requested by the Owner are correctly implemented.

Any applicable statutory limitation or exception to copyright shall stay unaffected.

Removal of content from parts of Bulkchoice available through the App Store

If the reported content is deemed objectionable, it will be removed within 24 hours and the User who

provided the content will be barred from using the Service.

Access to external resources

Through Bulkchoice Users may have access to external resources provided by third parties. Users

acknowledge and accept that the Owner has no control over such resources and is therefore not responsible

for their content and availability.

Conditions applicable to any resources provided by third parties, including those applicable to any possible

grant of rights in content, result from each such third parties’ terms and conditions or, in the absence of

those, applicable statutory law.

In particular, on Bulkchoice Users may see advertisements provided by third parties. The Owner does not

control or moderate the advertisements displayed via Bulkchoice. If Users click on any such advertisement,

they will be interacting with any third party responsible for that advertisement.

The Owner is not responsible for any matters resulting from such interaction with third parties, such as

anything resulting from visiting third-party websites or using third-party content.

Acceptable use

Bulkchoice and the Service may only be used within the scope of what they are provided for, under these

Terms and applicable law.

Users are solely responsible for making sure that their use of Bulkchoice and/or the Service violates no

applicable law, regulations or third-party rights.

Therefore, the Owner reserves the right to take any appropriate measure to protect its legitimate interests

including by denying Users access to Bulkchoice or the Service, terminating contracts, reporting any

misconduct performed through Bulkchoice or the Service to the competent authorities – such as judicial or

administrative authorities - whenever Users engage or are suspected to engage in any of the following

activities:

violate laws, regulations and/or these Terms;

infringe any third-party rights;

considerably impair the Owner’s legitimate interests;

offend the Owner or any third party.

Software license

Any intellectual or industrial property rights, and any other exclusive rights on software or technical

applications embedded in or related to Bulkchoice are held by the Owner and/or its licensors.

Subject to Users’ compliance with and notwithstanding any divergent provision of these Terms, the Owner

merely grants Users a revocable, non-exclusive, non-sublicensable and non-transferable license to use the

software and/or any other technical means embedded in the Service within the scope and for the purposes of

Bulkchoice and the Service offered.

This license does not grant Users any rights to access, usage or disclosure of the original source code. All

techniques, algorithms, and procedures contained in the software and any documentation thereto related is

the Owner’s or its licensors’ sole property.

All rights and license grants to Users shall immediately terminate upon any termination or expiration of the

Agreement.

Contract duration

Subscriptions

Subscriptions allow Users to receive a Product continuously or regularly over time. Details regarding the type

of subscription and termination are outlined below.

Subscriptions handled via Apple ID

Users may subscribe to a Product using the Apple ID associated with their Apple App Store account by using

the relevant process on Bulkchoice. When doing so, Users acknowledge and accept that

any payment due shall be charged to their Apple ID account;

subscriptions are automatically renewed for the same duration unless the User cancels at least 24 hours

before the current period expires;

any and all fees or payments due for renewal will be charged within 24-hours before the end of the

current period;

subscriptions can be managed or cancelled in the Users’ Apple App Store account settings.

The above shall prevail upon any conflicting or diverging provision of these Terms.

Termination

Recurring subscriptions may be terminated at any time by sending a clear and unambiguous

termination notice to the Owner using the contact details provided in this document, or — if

applicable — by using the corresponding controls inside Bulkchoice.

Liability and indemnification

EU Users

Indemnification

The User agrees to indemnify and hold the Owner and its subsidiaries, affiliates, officers, directors, agents,

co-branders, partners and employees harmless from and against any claim or demand ⁠— including but not

limited to lawyer's fees and costs ⁠— made by any third party due to or in relation with any culpable use of or

connection to the Service, violation of these Terms, infringement of any third-party rights or statutory

provision by the User or its affiliates, officers, directors, agents, co-branders, partners and employees to the

extent allowed by applicable law.

Limitation of liability

Unless otherwise explicitly stated and without prejudice to applicable statutory product liability provisions,

Users shall have no right to claim damages against the Owner (or any natural or legal person acting on its

behalf).

This does not apply to damages to life, health or physical integrity, damages resulting from the breach of an

essential contractual obligation such as any obligation strictly necessary to achieve the purpose of the

contract, and/or damages resulting from intent or gross negligence, as long as Bulkchoice has been

appropriately and correctly used by the User.

Unless damages have been caused by way of intent or gross negligence, or they affect life, health or physical

integrity, the Owner shall only be liable to the extent of typical and foreseeable damages at the moment the

contract was entered into.

Australian Users

Limitation of liability

Nothing in these Terms excludes, restricts or modifies any guarantee, condition, warranty, right or remedy

which the User may have under the Competition and Consumer Act 2010 (Cth) or any similar State and

Territory legislation and which cannot be excluded, restricted or modified (non-excludable right). To the

fullest extent permitted by law, our liability to the User, including liability for a breach of a non-excludable

right and liability which is not otherwise excluded under these Terms of Use, is limited, at the Owner’s sole

discretion, to the re-performance of the services or the payment of the cost of having the services supplied

again.

US Users

Disclaimer of Warranties

Bulkchoice is provided strictly on an “as is” and “as available” basis. Use of the Service is at

Users’ own risk. To the maximum extent permitted by applicable law, the Owner expressly

disclaims all conditions, representations, and warranties — whether express, implied, statutory

or otherwise, including, but not limited to, any implied warranty of merchantability, fitness for a

particular purpose, or non-infringement of third-party rights. No advice or information, whether

oral or written, obtained by user from owner or through the Service will create any warranty not

expressly stated herein.

Without limiting the foregoing, the Owner, its subsidiaries, affiliates, licensors, officers,

directors, agents, co-branders, partners, suppliers and employees do not warrant that the

content is accurate, reliable or correct; that the Service will meet Users’ requirements; that the

Service will be available at any particular time or location, uninterrupted or secure; that any

defects or errors will be corrected; or that the Service is free of viruses or other harmful

components. Any content downloaded or otherwise obtained through the use of the Service is

downloaded at users own risk and users shall be solely responsible for any damage to Users’

computer system or mobile device or loss of data that results from such download or Users’ use

of the Service.

The Owner does not warrant, endorse, guarantee, or assume responsibility for any product or

service advertised or offered by a third party through the Service or any hyperlinked website or

service, and the Owner shall not be a party to or in any way monitor any transaction between

Users and third-party providers of products or services.

The Service may become inaccessible or it may not function properly with Users’ web browser,

mobile device, and/or operating system. The owner cannot be held liable for any perceived or

actual damages arising from Service content, operation, or use of this Service.

Federal law, some states, and other jurisdictions, do not allow the exclusion and limitations of

certain implied warranties. The above exclusions may not apply to Users. This Agreement gives

Users specific legal rights, and Users may also have other rights which vary from state to state.

The disclaimers and exclusions under this agreement shall not apply to the extent prohibited by

applicable law.

Limitations of liability

To the maximum extent permitted by applicable law, in no event shall the Owner, and its

subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and

employees be liable for

any indirect, punitive, incidental, special, consequential or exemplary damages, including

without limitation damages for loss of profits, goodwill, use, data or other intangible losses,

arising out of or relating to the use of, or inability to use, the Service; and

any damage, loss or injury resulting from hacking, tampering or other unauthorised access

or use of the Service or User account or the information contained therein;

any errors, mistakes, or inaccuracies of content;

personal injury or property damage, of any nature whatsoever, resulting from User access

to or use of the Service;

any unauthorised access to or use of the Owner’s secure servers and/or any and all personal

information stored therein;

any interruption or cessation of transmission to or from the Service;

any bugs, viruses, trojan horses, or the like that may be transmitted to or through the

Service;

any errors or omissions in any content or for any loss or damage incurred as a result of the

use of any content posted, emailed, transmitted, or otherwise made available through the

Service; and/or

the defamatory, offensive, or illegal conduct of any User or third party. In no event shall the

Owner, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners,

suppliers and employees be liable for any claims, proceedings, liabilities, obligations,

damages, losses or costs in an amount exceeding the amount paid by User to the Owner

hereunder in the preceding 12 months, or the period of duration of this agreement between

the Owner and User, whichever is shorter.

This limitation of liability section shall apply to the fullest extent permitted by law in the

applicable jurisdiction whether the alleged liability is based on contract, tort, negligence, strict

liability, or any other basis, even if company has been advised of the possibility of such damage.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential

damages, therefore the above limitations or exclusions may not apply to User. The terms give

User specific legal rights, and User may also have other rights which vary from jurisdiction to

jurisdiction. The disclaimers, exclusions, and limitations of liability under the terms shall not

apply to the extent prohibited by applicable law.

Indemnification

The User agrees to defend, indemnify and hold the Owner and its subsidiaries, affiliates,

officers, directors, agents, co-branders, partners, suppliers and employees harmless from and

against any and all claims or demands, damages, obligations, losses, liabilities, costs or debt,

and expenses, including, but not limited to, legal fees and expenses, arising from

User’s use of and access to the Service, including any data or content transmitted or

received by User;

User’s violation of these terms, including, but not limited to, User’s breach of any of the

representations and warranties set forth in these terms;

User’s violation of any third-party rights, including, but not limited to, any right of privacy

or intellectual property rights;

User’s violation of any statutory law, rule, or regulation;

any content that is submitted from User’s account, including third party access with User’s

unique username, password or other security measure, if applicable, including, but not

limited to, misleading, false, or inaccurate information;

User’s willful misconduct; or

statutory provision by User or its affiliates, officers, directors, agents, co-branders,

partners, suppliers and employees to the extent allowed by applicable law.

Common provisions

No Waiver

The Owner’s failure to assert any right or provision under these Terms shall not constitute a waiver of any

such right or provision. No waiver shall be considered a further or continuing waiver of such term or any

other term.

Service interruption

To ensure the best possible service level, the Owner reserves the right to interrupt the Service for

maintenance, system updates or any other changes, informing the Users appropriately.

Within the limits of law, the Owner may also decide to suspend or terminate the Service altogether. If the

Service is terminated, the Owner will cooperate with Users to enable them to withdraw Personal Data or

information in accordance with applicable law.

Additionally, the Service might not be available due to reasons outside the Owner’s reasonable control, such

as “force majeure” (eg. labour actions, infrastructural breakdowns or blackouts etc).

Service reselling

Users may not reproduce, duplicate, copy, sell, resell or exploit any portion of Bulkchoice and of its Service

without the Owner’s express prior written permission, granted either directly or through a legitimate

reselling program.

To learn more about the use of their Personal Data, Users may refer to the privacy policy of Bulkchoice.

Intellectual property rights

Without prejudice to any more specific provision of these Terms, any intellectual property rights, such as

copyrights, trademark rights, patent rights and design rights related to Bulkchoice are the exclusive property

of the Owner or its licensors and are subject to the protection granted by applicable laws or international

treaties relating to intellectual property.

All trademarks — nominal or figurative — and all other marks, trade names, service marks, word marks,

illustrations, images, or logos appearing in connection with Bulkchoice are, and remain, the exclusive

property of the Owner or its licensors and are subject to the protection granted by applicable laws or

international treaties related to intellectual property.

Changes to these Terms

The Owner reserves the right to amend or otherwise modify these Terms at any time. In such cases, the

Owner will appropriately inform the User of these changes.

Such changes will only affect the relationship with the User for the future.

The continued use of the Service will signify the User’s acceptance of the revised Terms. If Users do not wish

to be bound by the changes, they must stop using the Service. Failure to accept the revised Terms, may

entitle either party to terminate the Agreement.

The applicable previous version will govern the relationship prior to the User's acceptance. The User can

obtain any previous version from the Owner.

If required by applicable law, the Owner will specify the date by which the modified Terms will enter into

force.

Assignment of contract

The Owner reserves the right to transfer, assign, dispose of by novation, or subcontract any or all rights or

obligations under these Terms, taking the User’s legitimate interests into account. Provisions regarding

changes of these Terms will apply accordingly.

Users may not assign or transfer their rights or obligations under these Terms in any way, without the written

permission of the Owner.

Contacts

All communications relating to the use of Bulkchoice must be sent using the contact information stated in

this document.

Severability

Should any provision of these Terms be deemed or become invalid or unenforceable under applicable law,

the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions,

which shall remain in full force and effect.

US Users

Any such invalid or unenforceable provision will be interpreted, construed and reformed to the extent

reasonably required to render it valid, enforceable and consistent with its original intent. These Terms

constitute the entire Agreement between Users and the Owner with respect to the subject matter hereof, and

supersede all other communications, including but not limited to all prior agreements, between the parties

with respect to such subject matter. These Terms will be enforced to the fullest extent permitted by law.

EU Users

Should any provision of these Terms be or be deemed void, invalid or unenforceable, the parties shall do

their best to find, in an amicable way, an agreement on valid and enforceable provisions thereby substituting

the void, invalid or unenforceable parts.

In case of failure to do so, the void, invalid or unenforceable provisions shall be replaced by the applicable

statutory provisions, if so permitted or stated under the applicable law.

Without prejudice to the above, the nullity, invalidity or the impossibility to enforce a particular provision of

these Terms shall not nullify the entire Agreement, unless the severed provisions are essential to the

Agreement, or of such importance that the parties would not have entered into the contract if they had

known that the provision would not be valid, or in cases where the remaining provisions would translate into

an unacceptable hardship on any of the parties.

Governing law

These Terms are governed by the law of the place where the Owner is based, as disclosed in the relevant

section of this document, without regard to conflict of laws principles.

Exception for European Consumers

However, regardless of the above, if the User qualifies as a European Consumer and has their habitual

residence in a country where the law provides for a higher consumer protection standard, such higher

standards shall prevail.

Venue of jurisdiction

The exclusive competence to decide on any controversy resulting from or connected to these Terms lies with

the courts of the place where the Owner is based, as displayed in the relevant section of this document.

Exception for European Consumers

The above does not apply to any Users that qualify as European Consumers, nor to Consumers based in

Switzerland, Norway or Iceland.

Definitions and legal references

Bulkchoice (or this Application)

The property that enables the provision of the Service.

Agreement

Any legally binding or contractual relationship between the Owner and the User, governed by these Terms.

Business User

Any User that does not qualify as a Consumer.

European (or Europe)

Applies where a User is physically present or has their registered offices within the EU, regardless of

nationality.

Owner (or We)

Indicates the natural person(s) or legal entity that provides Bulkchoice and/or the Service to Users.

Service

The service provided by Bulkchoice as described in these Terms and on Bulkchoice.

Terms

All provisions applicable to the use of Bulkchoice and/or the Service as described in this document, including

any other related documents or agreements, and as updated from time to time.

User (or You)

Indicates any natural person or legal entity using Bulkchoice.

Consumer

Any User qualifying as a natural person who accesses goods or services for personal use, or more generally,

acts for purposes outside their trade, business, craft or profession.

Latest update: 6 November 2022