TERMS OF USE FOR THE HUBICAN APP

Last Updated: April 8, 2025

Welcome to the Hubican mobile application (hereinafter referred to as the "Application" or the "Service"), created by a private individual (hereinafter referred to as the "Developer" or "we"). These Terms of Use (hereinafter, the "Terms") constitute a legally binding agreement between you (hereinafter, the "User" or "you") and the Developer.

By using the Application or purchasing a subscription, you confirm that you have read and agree to these Terms. If you do not agree with them, please do not install or use the Application.

1. General Description

1.1 Purpose of the Application

Hubican is an application designed for habit tracking, task planning, and improving personal productivity. It provides basic features free of charge, while access to additional premium features is available via a paid subscription.

1.2 Personal Data

Information about what data the Application collects and how it is processed can be found in our Privacy Policy. By continuing to use the Application, you agree to the data processing rules described therein.

1.3 Acknowledgement (Relationship with Apple)

This EULA (End-User License Agreement) is concluded between you and the Developer only, and not with Apple. The Developer, not Apple, is solely responsible for the Application and its content. Your use of the Application must comply with the Usage Rules set forth in the Apple Media Services Terms and Conditions (which you acknowledge you have had the opportunity to review).

2. Subscription Plans

2.1 Available Plans

Hubican offers the following subscription options ("Subscription"):

Each of these options can also be obtained with a 7-day free trial (the "Trial"), specifically:

2.2 Premium Features

A Subscription grants access to Hubican's extended functionality, including, but not limited to:

The list of available features and the scope of premium functionalities may be changed at the Developer's discretion, with notice to users (in the event of significant changes).

3. Payment, Auto-Renewal, and Support

3.1 Payment

3.2 Auto-Renewal

3.3 Managing Your Subscription

3.4 Maintenance and Support

The Developer is solely responsible for providing any maintenance and support services with respect to the Application, as required under applicable law or stated in these Terms. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application.

4. Free Trial

(Only applies if you have chosen a subscription that includes a Trial.)

4.1 Trial Terms

4.2 Trial Cancellation

If you purchase a paid subscription before the end of the Trial, any remaining unused portion of the free period is forfeited and will not be reimbursed.

5. Refund Policy

5.1 Refunds Through Apple

All payments and any refunds are fully handled by Apple. Questions about refunds or cancellations may be resolved through Apple Support according to the App Store rules.

5.2 Partial Refund

Generally, Apple does not provide refunds for any unused portion of a subscription that has already been paid for, unless otherwise stipulated by applicable law. For details about refunds, please contact Apple Support.

5.3 Warranty-Related Refunds

In the event of any failure of the Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the Application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Application, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be the sole responsibility of the Developer.

6. License to Use

6.1 License Grant

The Developer provides you with a limited, non-exclusive, non-transferable license to install and use the Application on compatible Apple-branded devices that you own or control, and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions, solely for personal, non-commercial purposes.

6.2 Intellectual Property

6.3 Third-Party Intellectual Property Claims

In the event of any third-party claim that the Application or the End-User's possession and use of the Application infringes a third party's intellectual property rights, the Developer (and not Apple) will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.

7. Usage Restrictions

7.1 Prohibited Actions

You agree to:

7.2 Violations

If there is evidence of a breach of these Terms, the Developer reserves the right to restrict access to the Application or unilaterally terminate the agreement (without reimbursement) if justified by the severity of the violation.

7.3 Third-Party Terms of Agreement

You must comply with any applicable third-party terms of agreement when using the Application (e.g., if you have a wireless data plan, you must not be in violation of your wireless data service agreement while using the Application).

7.4 Legal Compliance (U.S. Embargo)

You represent and warrant that (i) you are not 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; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

8. Disclaimer of Warranties

8.1 "As Is"

The Hubican Application is provided "as is" and "as available," without any express or implied warranties. The Developer does not guarantee uninterrupted, error-free operation, or that the Application will meet the user's specific needs.

8.2 Third-Party Services

The Application may utilize third-party services (e.g., Firebase, Apple). The Developer is not responsible for failures or errors caused by these services.

9. Limitation of Liability

9.1 Exclusion of Damages

To the fullest extent permitted by law, the Developer shall not be liable for any direct, indirect, incidental, special, or consequential damages, including loss of data, profit, or reputation, arising out of the use or inability to use the Application.

9.2 Liability Cap

If the law does not allow a complete disclaimer of liability, the Developer's total liability for any claims shall not exceed the amount paid by the user during the last six (6) months of subscribing to Hubican.

9.3 Product Claims

You and the Developer acknowledge that the Developer, not Apple, is responsible for addressing any claims of the End-User or any third party relating to the Application or the End-User's possession and/or use of the Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.

10. Changes to the Terms

10.1 Updates

The Developer may occasionally make changes to these Terms. The new edition comes into effect once published within the Application or on the official website, unless otherwise specified.

10.2 Notification

In case of significant changes, the Developer may notify users through the Application interface or by email (if available). If you continue to use Hubican after the changes take effect, you are deemed to have accepted the new Terms.

11. Termination of Use

11.1 By the User

You may stop using the Application at any time by deleting it from your device. However, deleting the Application does not cancel your subscription — you must follow the steps described in Section 3.3.

11.2 By the Developer

The Developer may suspend or terminate access to the Application if the user violates these Terms, or if the Developer decides to discontinue service for reasons related to project development.

12. Governing Law and Dispute Resolution

12.1 Governing Law

These Terms are governed by the laws of the Republic of Moldova, without regard to conflict-of-law principles.

12.2 Disputes

All disputes arising in connection with these Terms are subject to examination in the competent courts of the Republic of Moldova, unless otherwise provided by law.

13. Contact Information

Developer Name: Angela Ismailova
Address: Moldova, Hincesti, Ion Creanga
Email: info@hubican.com

If you have any questions regarding these Terms of Use or about using the Application, you may contact the Developer at the email address above.

14. Third-Party Beneficiary

You and the Developer acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of this EULA, and that, upon your acceptance of the terms and conditions of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third-party beneficiary thereof.

By installing or using the Hubican Application, you acknowledge that you have read, understood, and agree to be bound by these Terms.