PUBLIC OFFER

This English version of the offer is a translation provided for convenience. If it differs from the Ukrainian original, the Ukrainian version prevails.

1.GENERAL PROVISIONS

1.1. This Offer is an official public proposal by YAMMO LLC (hereinafter — the “Company”) addressed to an unlimited number of persons to conclude an Accession Agreement on the terms set out in this Offer, regarding the use of the Yummo mobile application (hereinafter — the “App”) and access to its functionality and content.

1.2. This Offer is an accession agreement within the meaning of the applicable legislation of Ukraine. The User may not propose their own terms of the Agreement to the Company. Acceptance of the Offer means the User’s full and unconditional acceptance of all terms of the Offer without any exceptions or reservations.

1.3. The Offer governs the relations between the Company and the User arising in connection with:

installation, registration and use of the App;
access to the content, features and services of the App;
purchase and use of paid features, including a subscription (hereinafter — the “Subscription”);
sending requests for consultations with experts/consultants (where such a feature is available), which are provided outside the App.

1.4. The App is intended for use by pregnant women, parents and guardians of children aged 0–4 years (with the main focus on the period of solid foods, 6–24 months). The Company does not guarantee that the App will meet the goals or expectations of any particular User.

1.5. The Company has the right, at its own discretion, to change, update, supplement or discontinue the operation of the App (or its individual features), as well as to change the scope of the content and functionality, including within the free or paid part, without prior agreement with the User, unless otherwise expressly provided by this Offer or by mandatory provisions of the law.

1.6. Use of the App is permitted only if the User has a compatible mobile device, access to the Internet and (if necessary) an account in the relevant marketplace (Apple App Store and/or Google Play). The User’s expenses for Internet access and mobile communication are not reimbursed by the Company.

1.7. The Company is not a party to the legal relations between the User and the owners/operators of the marketplaces (Apple/Google) and is not responsible for:

the rules for granting access to the App through the App Store/Google Play;
the procedure for charging funds, issuing invoices, automatic renewal of the Subscription;
technical failures or restrictions in the operation of the App Store/Google Play.

1.8. The Company does not provide medical care. Any information, materials and recommendations in the App are of an exclusively informational and educational nature. The User undertakes to independently assess whether it is appropriate to apply the information received, taking into account the individual characteristics of the child, and, if necessary, to seek advice from a doctor/pediatrician.

1.9. The Company has the right to use the User’s contact details to send service messages related to the operation of the App (including notices about changes to the terms of the Offer, changes in functionality, registration confirmation, access recovery, and so on). Marketing messages are sent in the manner provided for by the Privacy Policy and/or where the User has given the relevant consent.

1.10. The text of this Offer is published in the App and/or on the website yummoapp.com. In the event of discrepancies between the versions, the version of the Offer published in the App prevails, unless otherwise expressly stated by the Company.

2.TERMS AND DEFINITIONS

2.1. In this Offer, the terms set out below are used with the following meanings:

2.1.1. Company / Rightholder — Limited Liability Company “YAMMO”, which is the developer and owner (rightholder) of the App and of the content placed in the App, as well as the person that provides access to the App on the terms of this Offer.

2.1.2. App / Yummo mobile application — software (a mobile application) named “Yummo”, intended for use on mobile devices, which provides access to informational and educational content and to service features related to children’s nutrition and solid foods, including free and/or paid features.

2.1.3. Site — the website located on the Internet at yummoapp.com, which may contain information about the App, the Company, the terms of use, as well as other materials.

2.1.4. User — any individual who has installed or uses the App and/or has completed registration, and/or has purchased a Subscription, and/or has otherwise accepted this Offer.

2.1.5. Account — the User’s personal profile in the App, created during registration, which may contain personal data, data about the child (children), settings, usage history, tracking data, notes, and so on.

2.1.6. Content — any information materials available in the App, including (but not limited to): videos, articles, texts, illustrations, photos, infographics, tips, recommendations, product descriptions, recipes, sample plates/meal plans, reference information, methodological materials, and also any other copyright objects placed in the App and/or on the Site.

2.1.7. Functionality — the technical features and services of the App, including but not limited to: viewing content, access to the product library, recipe selection, food tracking, reaction tracking, notes, saving materials, personalization, and so on.

2.1.8. Free features / Free access — the part of the App’s functionality and/or content that is available to the User without taking out a Subscription.

2.1.9. Paid features — the part of the App’s functionality to which the User is granted access on condition that a Subscription is taken out on the terms of this Offer.

2.1.10. Subscription — a paid service (access model) that gives the User, for a set period, extended access to the content and/or functionality of the App, including personalization of content, in accordance with the terms chosen by the User in the App Store and/or Google Play.

2.1.11. Personalization / Personalized content — the automatic setting of content priority and/or content recommendations based on the data entered by the User (in particular, data about the child, age, stage of development, dietary needs, allergens, tracking, and so on). Personalization is not a medical recommendation and is informational in nature.

2.1.12. Tracking — a feature of the App that allows the User to record information about nutrition, foods introduced, reactions, notes and other data for the purpose of personal record-keeping.

2.1.13. User content / User data — any data and materials entered or uploaded by the User in the App (including but not limited to: notes, tracking records, comments, settings, data about the child).

2.1.14. Expert / Consultant — a specialist (including a doctor, nutritionist or other professional) who may be engaged by the Company as an author/reviewer of content and/or may provide consultations outside the App. Experts are not parties to this Offer unless expressly stated otherwise.

2.1.15. Consultation — an information and advisory service that may be provided by an Expert outside the App (in particular in the format of an online call/correspondence/other communication), at the User’s request. A Consultation is not included in the Subscription and is paid for separately.

2.1.16. Marketplace — a platform for distributing mobile apps and/or processing payments for the Subscription, in particular the Apple App Store and Google Play.

2.1.17. Payment services — third parties that provide for the acceptance of payments in the cases envisaged by this Offer. Payment for the Subscription is made through the Apple App Store and/or Google Play.

2.1.18. Privacy Policy — a document of the Company that defines the procedure for collecting, using, storing, protecting and processing Users’ personal data within the use of the App and/or the Site.

2.2. Terms not defined by this Offer are interpreted in accordance with the current legislation of Ukraine, and also in accordance with the generally accepted definition of such terms in the field of IT and electronic services.

3. SUBJECT OF THE AGREEMENT AND TERMS OF USE OF THE APP

3.1. The subject of this Agreement is the granting by the Company to the User of the right to use the Yummo mobile app and of access to its functionality and content on the terms of this Offer.

3.2. The Company grants the User a non-exclusive, non-transferable and limited license to use the App solely for personal non-commercial use and within the functionality provided by the free and/or paid features.

3.3. The User receives access to the App and the Content:

within free access;
or within a Subscription, which provides extended functionality and personalized content in accordance with the chosen tariff plan and payment terms.

3.4. If the User selects an Expert in order to receive a consultation, the Company provides only the ability to send a consultation request. All consultations take place outside the App, are advisory in nature and are paid for separately, unless otherwise provided by this Offer. The Company is not responsible for the content, quality or results of such consultations, which are carried out by experts.

3.5. The Company reserves the right at any time to change the available Content, the functionality of the App, the terms for providing the Subscription, or the structure of paid and free features, notifying the User in advance through the App or by email, unless otherwise provided by current legislation.

3.6. The User agrees to use the Application in accordance with its intended purpose and within the recommendations provided in the Content. All of the User’s actions are taken at their own discretion, and the Company does not guarantee that any specific results relating to a child’s nutrition or development will be achieved.

3.7. Access to the paid features of the Application is granted to the User after registration and, where necessary, after taking out a Subscription through the Apple App Store and/or Google Play.

3.8. The User undertakes to consult a pediatrician or another qualified medical professional before applying any recommendations from the Application to a child’s nutrition or care.

3.9. All intellectual property rights to the Application, its functionality and the Content belong to the Company or to the licensors engaged by the Company, and are protected by applicable copyright and related rights legislation.

4.SUBSCRIPTION AND PAID FEATURES

4.1. The Application gives Users access to its functionality and Content on a free-of-charge basis and/or on the terms of a paid Subscription.

4.2. The Subscription gives the User access to the paid features of the Application, in particular:

● use of the tracker;

● adding a product from the product library to the calendar in order to record a reaction to that product;

● marking a product as “introduced”.

Access to these features is provided within a monthly or annual Subscription.

If an annual Subscription with a 7-day trial period is taken out, these features are available to the User during that trial period.

4.3. Free access provides only a limited part of the functionality, which is available to the User without taking out a Subscription.

4.4. Expert consultations are provided outside the Application and are not included in the Subscription. In the Application, the User can use the “get a consultation” feature and send a description of their request. The Company or its manager then contacts the User by email to agree on the further steps regarding the consultation. Once agreed, links to payment and/or to an online meeting with a consultant may be sent to the User by email. Consultations are advisory in nature and do not constitute medical care.

4.5. The Company reserves the right to change the terms on which the Subscription is provided, its price, the terms of access to paid features, and also the structure of free and paid Content, with prior notice to the User through the Application or by email.

4.6. The User undertakes to use the paid features and the Content of the Application for personal purposes only and not to pass access to them on to third parties.

5.REGISTRATION AND PROCEDURE FOR ACCEPTING THE OFFER

5.1. Use of the Application and access to its features and Content are possible only after the User registers in the Application or via an account in the relevant Marketplace.

5.2. Registration of the User involves:

entering personal data (in particular, name, email address, contact phone number);
entering data about the child (age, stage of development, dietary particularities, allergens and other information needed to personalize the content);
reviewing this Offer and confirming agreement to its terms by ticking the relevant checkbox or clicking the “I accept the terms” button (acceptance).

5.3. Acceptance of the Offer by the User means:

full and unconditional acceptance of the terms of this Offer;
the creation of a legally binding contract between the User and the Company;
consent to the processing of personal data in accordance with this Offer and the Privacy Policy.

5.4. After successful registration, the User receives access to the free functionality and/or to the Subscription (if taken out) in accordance with the terms of this Offer.

5.5. The User undertakes:

to provide accurate and up-to-date data during registration;
to keep their contact information up to date throughout the entire period of use of the Application;
not to create accounts using other people’s data and not to register on behalf of third parties without their consent.

5.6. The Company reserves the right:

to block access to the Application temporarily or permanently if the User breaches the terms of this Offer, the rules for using the Application, the law or generally accepted standards of conduct;
to refuse registration or to cancel an account without prior notice in the event of a breach of the terms of this Offer.

5.7. The User confirms that they are aware that:

the content and features of the Application are informational and educational in nature;
the recommendations and the personalization of content do not constitute medical care;
expert consultations are provided outside the Application and are paid for separately.

6.RIGHTS AND OBLIGATIONS OF THE PARTIES

6.1. Rights and obligations of the Company

6.1.1. The Company undertakes:

provide the User with access to the Content and functionality of the Application in accordance with the terms of this Offer;
ensure the proper operation of the Application and the ability to use paid and free features;
protect the User’s personal data in accordance with the Privacy Policy and applicable law;
notify the User in a timely manner of changes to the terms of the Offer, the Subscription or the functionality of the Application through the Application or by email;
provide the User with support on questions about using the Application and its features, including help with technical problems or with arranging a Subscription.

6.1.2. The Company has the right to:

change the Content, the functionality of the Application and the terms on which the Subscription is provided, with prior notice to the User;
block or restrict access to the Application if the User breaches the terms of this Offer;
use the User’s anonymized data for analytics, research, marketing campaigns and improvement of the service;
engage Experts to create Content and to provide consultations outside the Application.

6.2. Rights and obligations of the User

6.2.1. The User undertakes to:

provide accurate and up-to-date personal data when registering and using the Application;
use the Content and functionality of the Application solely for personal needs and in accordance with their intended purpose;
not copy, transfer, distribute or modify the Content outside the Application;
consult a pediatrician or other qualified specialists before applying the Application’s recommendations for feeding or caring for a child;
follow the rules for arranging a Subscription and paying for paid features, including consultations with experts outside the Application.

6.2.2. The User has the right to:

receive access to the Content and features of the Application in accordance with the selected plan and the terms of free access;
take out a Subscription and pay for individual consultations with experts;
receive support from the Company in the event of technical problems or questions related to the use of the Application;
opt out of mailings and marketing messages if they do not wish to receive them;
request the deletion or updating of personal data in the manner provided for by the Privacy Policy.

7.RETURNS, WITHDRAWAL FROM THE PRODUCT AND PAYMENT POLICY

7.1. Payments and processing

7.1.1. Payment for the Subscription is made through the Apple App Store and/or Google Play.

7.1.2. All payments are processed by payment services, and the Company is not liable for technical failures, delays or refusals to debit funds.

7.1.3. The cost of the Subscription, of individual services and of consultations is stated in the currency determined by the payment service. Payment system and bank fees are borne by the User.

7.2. Refunds

7.2.1. Refunds for a Subscription or for paid features of the Application are made in accordance with the rules of the payment service through which the Subscription was arranged (Apple App Store and/or Google Play).

7.2.2. Refunds for digital Content after access to it has been granted are not provided, except in cases provided for by the applicable legislation of Ukraine or by the rules of the payment service.

7.2.3. If the Content is found not to match the description on the Application’s page, the User has the right to contact the Company within 14 days after purchase, providing evidence (screenshots or other information). The Company reviews the request within 7 business days and makes a decision on refunding or replacing the Content.

7.3. Withdrawal from the Subscription and paid services

7.3.1. The User has the right to decline renewal of the Subscription by cancelling it in the relevant section of the Application or through the payment service by which the Subscription was arranged.

7.3.2. Withdrawal from the Subscription does not entail an automatic refund for the current paid period, unless otherwise provided by the rules of the payment service.

7.3.3. Consultations with experts that are paid for separately are non-refundable after payment has been made, if the consultation took place or if it was cancelled at the User’s request after agreement with the expert.

8.CONFIDENTIALITY AND PROCESSING OF PERSONAL DATA

8.1. Processing of personal data

8.1.1. By registering in the Application and using its functionality, the User gives their consent to the processing of personal data by the Company in accordance with this Offer and the Privacy Policy.

8.1.2. Personal data include, but are not limited to: name, email, contact phone number, data about the child (age, stage of development, food preferences, allergens and other entered data).

8.1.3. The purposes of data processing:

providing access to the Application and the Content;
personalizing the Content according to the child’s age and needs;
providing technical support and communication with the User;
sending informational messages, promotions and updates (with the User’s consent);
analytics and improvement of the Application’s functionality.

8.2. Confidentiality

8.2.1. The Company ensures the confidentiality of the User’s personal data and does not transfer it to third parties, except in the following cases:

if this is necessary to perform the contract (for example, transferring data to payment systems to process a payment);
in order to comply with the requirements of the current legislation of Ukraine;
to ensure an appropriate level of data protection when services are provided by third parties (for example, analytics or marketing campaigns), subject to security and confidentiality measures.

8.3. User’s rights

8.3.1. The User has the right to:

access their personal data;
correct, update or delete personal data;
restrict data processing in the event of a dispute;
withdraw consent to the processing of personal data at any time; in this case, access to the App’s features may be restricted if consent is withdrawn.

8.4. Data storage

8.4.1. Personal data is stored by the Company for the period necessary to fulfill the purposes set out in this Offer and the Privacy Policy, or in accordance with the requirements of the law.

8.4.2. The Company takes the necessary technical and organizational measures to protect personal data against unauthorized access, loss, damage or disclosure.

8.5. Other provisions

8.5.1. The User confirms that they have read the Privacy Policy and agree to its terms.

8.5.2. If any questions arise regarding confidentiality or the processing of personal data, the User may contact us at hello@yummoapp.com.

9.LIABILITY OF THE PARTIES AND LIMITATION OF RISKS

9.1. Liability of the Company

9.1.1. The Company provides the Content and the features of the App for educational purposes and is not liable for any consequences arising from the use of the Content or of personalized recommendations.

9.1.2. The Company is not liable for:

negative consequences for a child’s health, including allergic reactions, food intolerance or other individual reactions;
the results of the User’s actions based on the App’s recommendations;
technical failures, in particular temporary unavailability of the App, failures of the internet connection or of payment services;
the content of expert consultations provided outside the App, their accuracy or their effectiveness.

9.1.3. The Company is not liable for loss of access to the Content caused by the User’s actions or negligence (for example, loss of a password, of access to payment systems, or of Marketplace accounts).

9.1.4. All information and recommendations in the App are for information purposes and do not replace a consultation with a qualified pediatrician or another specialist.

9.2. Liability of the User

9.2.1. The User bears full responsibility for:

the accuracy and timeliness of the data entered about the child;
the use of the Content in line with the child’s age, physiological characteristics and state of health;
compliance with the rules for using the App, with the terms of the Subscription and of the paid features;
keeping account details and personal passwords confidential.

9.2. Limitation of risks

9.2.1. The Company and the User agree that use of the App and of the Content is at the User’s own risk.

9.2.2. The Company makes all reasonable efforts to ensure the uninterrupted operation of the App and the reliability of the Content, but does not guarantee absolute accuracy, completeness or constant availability.

9.2.3. Expert consultations provided outside the App are advisory in nature and do not create any legal or medical obligations for the Company.

9.3. Force majeure

9.3.1. Neither party is liable for partial or complete failure to perform its obligations if this is the result of circumstances of force majeure, including but not limited to: natural disasters, power supply failures, blocking of internet networks, actions of government authorities, and so on.

9.3.2. The party affected by force majeure is obliged to notify the other party of its occurrence and duration within a reasonable time.

10.OTHER TERMS, AMENDMENTS AND NOTIFICATION PROCEDURE

10.1. Term of the Offer

10.1.1. This Offer comes into force from the moment it is posted in the App and/or on the Company’s website and is valid indefinitely until it is withdrawn or replaced by a new version.

10.1.2. The Company has the right at any time to change or supplement the Offer or to issue it in a new version without prior agreement with the User.

10.2. Procedure for amending the Offer

10.2.1. A new version of the Offer comes into force from the moment it is published in the App and/or on the Company’s website, unless otherwise expressly stated in that version.

10.2.2. The Company may notify the User of changes to the terms of the Offer by:

push notifications in the App;
a message in the profile/interface of the App;
sending a message to the email address provided by the User;
any other means the Company considers sufficient.

10.2.3. Continued use of the App after a new version of the Offer takes effect constitutes the User’s full and unconditional agreement to its terms.

10.3. Communication and notices

10.3.1. The official channel of communication with the Company is email: hello@yummoapp.com, unless otherwise specified in the App.

10.3.2. The User agrees that any notices sent by the Company to the User’s email address are deemed duly received, regardless of whether the User has actually read them.

10.3.3. The User is obliged to keep the contact details provided in the App up to date. If the contact information changes, the User must update it in their account.

10.4. Intellectual property

10.4.1. All intellectual property rights in the App, the Content, the structure, design, software code, graphic materials, videos, texts, recommendations, databases and other materials belong to the Company or are used by the Company on lawful grounds.

10.4.2. The User is granted a non-exclusive, non-transferable, revocable right to use the App and the Content solely for personal, non-commercial purposes for the term of the Offer and/or the Subscription.

10.4.3. Any copying, reproduction, distribution, transfer to third parties, publication or other use of the Content without the Company’s prior written consent is prohibited, except in cases expressly permitted by law.

10.5. Governing law and dispute resolution

10.5.1. This Offer and the legal relationship between the Company and the User are governed by the laws of Ukraine, unless otherwise provided by mandatory rules of the User’s country of residence (where applicable).

10.5.2. All disputes and disagreements arising in connection with this Offer are resolved through negotiations.

10.5.3. If a dispute cannot be resolved through negotiations, it is subject to consideration in court in accordance with the rules of jurisdiction and the procedural legislation of Ukraine.

10.6. Final provisions

10.6.1. If any provision of this Offer is found to be invalid or unenforceable, this does not affect the validity of the other provisions of the Offer.

10.6.2. All section headings are provided solely for convenience and do not affect the interpretation of the provisions of the Offer.

10.6.3. The User confirms that they have the civil legal capacity required to accept this Offer and to use the App.

11. COMPANY DETAILS

LIMITED LIABILITY COMPANY “YAMMO”

USREOU code: 45183471

Address: Ukraine, 01042, city of Kyiv, vul. Filatova Akademika, building 1/22, office 13

Contact email: hello@yummoapp.com