CindyApp is a mobile and web application, which is the property of and is supported by ZARENA AD, a company duly incorporated and existing under the laws of the Republic of Bulgaria, registered with the Bulgarian Commercial Register under UIC 120008977, with seat and management address at: Isaka 66A, Markovo 4108, Bulgaria (hereinafter referred to as “ZARENA”, “Us”, “we”, the “Company”).

The present terms and conditions (the “Terms”) regulate the use of all CindyApp’s products and services, including CindyApp’s mobile and web application and its content.

Please read these Terms carefully before downloading or using CindyApp. These Terms represent a binding legal agreement between you (and any other entity on whose behalf you accept these terms) (collectively “you” or “your”) and ZARENA (each separately a “Party” and collectively the “Parties”) as of the date you download CindyApp mobile app or access CindyApp website (https://www.cindyapp.com/) and its subdomains. Your use of CindyApp is subject to these Terms and your use of the services rendered through CindyApp’s mobile and web applications will remain subject to the existing agreement governing such.

BY USING CINDYAPP'S MOBILE AND WEB APPLICATIONS (INCLUDING THEIR CONTENT), AND/OR PRODUCTS AND/OR SERVICES, PLACING AN ORDER WITH ZARENA THROUGHT CINDYAPP WEB OR MOBILE APPLICATION, YOU AGREE TO THE TERMS AND CONDITIONS THAT FOLLOW, TO ANY POLICIES THAT MAY BE ADDED TO THEM, AND TO ANY REVISIONS OR CHANGES THAT THEY MAY BE THE SUBJECT OF. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, OR YOU DO NOT WISH TO BE BOUNDED BY THEM, DO NOT USE CINDYAPP'S MOBILE AND WEB APPLICATIONS, PRODUCTS OR SERVICES.

1. Eligibility

You must be at least 14 years of age to access or use CindyApp’s mobile and web applications. If you are under 18 years of age (or the age of legal majority where you live), you may only access or use CindyApp’s mobile and web applications under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are a parent or legal guardian of a user under the age of 18 (or the age of legal majority), you agree to be fully responsible for the acts or omissions of such user in connection with CindyApp’s mobile and web applications. If you are accessing or using CindyApp’s mobile and web applications on behalf of another person or entity, you represent that you are authorized to accept these Terms on that person or entity’s behalf and that the person or entity agrees to be responsible to us if you or the other person or entity violates these Terms.

Proof of compliance to these criteria may be requested upon access to all (or some) services and/or products, in the form of identification details or contact information.

2. Your Account

Your use of CindyApp’s mobile and web applications requires that you have an account with CindyApp and agree to these Terms. To create an account, you must provide a valid phone number and other personal information. You are the sole responsible for the confidentiality of your password and account. All activity originated from your account and/or password is your responsibility. We strongly suggest that you keep your account information strictly confidential and do not share it with anyone. In case of unauthorized use of your account, immediately notify ZARENA in writing from the email address you used to register the account.

3. Services

You can use the following services through CindyApp’s mobile and web applications:

3.1 Free version
CindyApp’s mobile app for booking appointments is absolutely free of charge to each and all end-users.

3.2 Paid version
ZARENA offers a paid version of CindyApp’s mobile and web applications used by businesses to manage their schedules.

3.2.1. Pricing and Payment

Monthly Subscription

By purchasing a monthly subscription (“Monthly Subscription”), you agree to an initial and recurring Monthly Subscription fee at the then-current Monthly Subscription rate, and you accept responsibility for all recurring charges until you cancel your subscription. You may cancel your Monthly Subscription at any time, subject to the terms of our cancellation policy.

Annual Subscription

By purchasing an annual subscription (“Annual Subscription”), you agree to an initial pre-payment for one full year of service. After one year and annually thereafter, you will be billed a recurring Annual Subscription renewal fee at the then-current Annual Subscription rate. We will notify you before the renewal fee is billed. You may cancel your Annual Subscription any time before the next billing cycle, subject to the terms of our cancellation policy.

AUTOMATIC ANNUAL RENEWAL TERMS: We bill your credit card for the Annual Subscription renewal fee in the first month of your next Annual Subscription. For example, let's say you purchased an Annual Subscription beginning in May 2018 and ending in April 2019. We will bill you for the second year (May 2019 to April 2020) in May 2019, unless you cancel your Annual Subscription before May 2019. You accept responsibility for all recurring charges prior to cancellation. Once you subscribe, ZARENA will automatically process your Annual Subscription fee at the then-current Annual Subscription rate. We explain how to cancel your Annual Subscription below at the Section "Cancellation and Refund Policy".

3.2.2. Delivery

By completing and submitting an electronic order form, you are making an offer to purchase CindyApp’s mobile and web application services which, if accepted by us, will result in a binding contract. Please note you would not be given access to the purchased services until we have authorization from your payment card issuer. We will not be liable if there is a delay, and we will not accept your offer if payment is not authorized.

Certain steps must be followed for a contract to be formed, as described below:

After you have placed your order, you will receive an email to acknowledge your order. It will contain a confirmation of the services you have ordered as well login instructions.

We do not have to accept your order, and for example, we will not accept your order if:

Your payment is not authorized
There is an error on our website regarding the price or other details of the services
You have cancelled your order

We reserve the right to refuse any order.

3.2.3. Cancellation and Refund Policy

Cancellation Policy for Monthly Subscription Renewals: You may cancel your Monthly Subscription at any time by logging into your account, clicking on Payments, and following the cancellation procedures described there. If you need help, feel free to email us at: support@cindyapp.com. If for some reason you cannot cancel by logging into your account, please email us at the same email address to cancel your waitlist position for the Monthly Subscription. If you cancel your Monthly Subscription, the cancellation will take effect for your next monthly billing cycle. You will not be eligible for a refund for monthly subscription fees paid prior to the month the cancellation takes effect.

Cancellation Policy for Annual Subscription Renewals: Annual Subscription fees are non-refundable. You may cancel your Annual Subscription renewal at any time after you are billed for the then-current year and before you are billed for the next year, by logging into your account, clicking on Payments, and following the cancellation procedures or by emailing us at: support@cindyapp.com.

4. Privacy

Please refer to our Privacy Policy (an integral part of the present Terms) for information about how we collect, use and disclose information about you.

5. Acceptable Usage

"Acceptable Usage" of CindyApp's mobile and web applications, their contents, products and services are defined in Paragraphs 5.1 through 5.8 below. Activities that go against or are otherwise forbidden by these paragraphs are, therefore in violation of these Terms and make you liable to disciplinary action and legal prosecution. For more information, please refer to Article 9 below.

5.1. User Content

You will not post on nor distribute through CindyApp's mobile and web applications any materials that are of defamatory, threatening, obscene, harmful, pornographic or otherwise illegal nature. Also, materials that somehow violate or infringe, in any way, on our rights or on the rights of others (including but not limited to intellectual property rights, confidentiality rights and privacy rights) are absolutely forbidden, as well as activities that may cause distress or inconvenience on Us or others. Moreover, you may not express opinions that are vulgar, crude, sexist, racist or otherwise offensive. We encourage Users to treat each other in a respectful and polite manner.

5.2. Ownership of Content

You will not post nor otherwise make available on CindyApp's mobile and web applications any material which you do not own, without the express consent of the lawful owner of the material in question.

5.3. Participation in Events

You will abide by the rules of any competition, promotion or marketing campaign that you participate on CindyApp's mobile and web applications.

5.4. Interference

You will not engage in any behavior or action that may affect the operability or security of CindyApp’s mobile and web applications nor will you cause unreasonable inconvenience nor disruption to our staff.

5.5. Identity

You will not impersonate any person/entity, nor misrepresent your affiliation with a person/entity.

5.6. SPAM

You will not promote your “CindyApp” profile by sending SPAM (i.e., emails sent to accounts without the previous agreement of the account owner).

5.7. Robot Software

You will not use robot software (nor any other software that is not “CindyApp”) to create new “CindyApp” profiles nor to access nor modify “CindyApp” profiles.

5.8. Workarounds

You will not use workarounds of any kind, to overcome the limitations of any “CindyApp” service or feature.

6. Licence

ZARENA grants you a revocable, non-exclusive, non-transferable, non-sublicensable, limited license to download, install, and use CindyApp mobile and web applications for your personal and internal business purposes strictly in accordance with these Terms. Such license is subject to these Terms and does not include any right to: (a) sell, resell or commercially use our CindyApp’s mobile and web applications’ services or content; (b) copy, reproduce, distribute, publicly perform or publicly display CindyApp’s mobile and web applications’ Content, except as expressly permitted by us or our licensors; (c) modify CindyApp’s mobile and web applications’ content, remove any proprietary rights notices or markings, or otherwise make any derivative uses of our services or CindyApp’s mobile and web applications’ content, except as expressly set forth in these Terms; (d) use any data mining, robots or similar data gathering or extraction methods; or (e) use our services or CindyApp’s mobile and web applications’ content other than as expressly provided in these Terms. Any use of our services or CindyApp’s mobile and web applications’ content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted under these Terms. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying CindyApp’s mobile and web applications’ content.

7. Intellectual Property

All intellectual property rights (including all copyright, patents, trademarks, service marks, trade names, domain names, social media identifiers, designs, whether registered or unregistered) in CindyApp’s mobile and web applications and the services rendered through them, materials, information and content on CindyApp’s mobile and web applications or accessed as part of CindyApp’s service, any database operated by us, all CindyApp’s mobile and web applications’ design, text, graphics, software, photos, video, music, sound, data, all software compilations, underlying source code and software (including applets and scripts), and all their selection, coordination, arrangement and enhancement shall remain our property (or that of our licensors). You shall not, and shall not attempt to, obtain any ownership or title to any such property. All rights are reserved. Moreover, you are only allowed to use such material in the manner described in the Terms, and no other. You will not copy, reproduce, distribute, commercially exploit nor in any form benefit/profit from such materials or contents, nor you will assist/facilitate any third party in actions such as the ones mentioned above.

Moreover, if you become aware of any such distribution or commercial exploitation, you agree to notify us immediately.

8. Consent to Electronic Communications and Solicitation.

By downloading CindyApp’s mobile app and creating an account in the CindyApp’s web app, you authorize ZARENA to send you (including via email and push notifications) information regarding the subscription services and CindyApp’s mobile and applications, such as: (a) notices about your use of the subscription services and the said applications, including notices of violations of use; (b) updates to the subscription services and the applications and new features or products; (c) reminders for upcoming appointments and (d) promotional information and materials regarding ZARENA's products and services. You can review Your account notification settings and adjust your messaging preferences, including opting-in to additional messages or unsubscribing to certain messaging.

9. Violation of Our Terms

Failure to comply with the conditions stated in Article 5 above and/or participation in activities that go against or are otherwise forbidden by these Terms make you liable to disciplinary action and legal prosecution. The decision to initiate disciplinary action (including but not being limited to interruption of all services) falls under the discretion of ZARENA.

Please report infractions to the present Terms or to your local laws. To inform us of any such activities, send us an email at support@cindyapp.com.

10. Interruption/Termination of Services

We reserve the right to immediately terminate or suspend indefinitely our services to you, if you breach or we have reasonable grounds to believe that you are likely to breach these Terms. Also, we will terminate our services to you, at our sole discretion, if you engage in a conduct which We determine to be unacceptable as described under article 5 above.

11. No Included Maintenance and Support

ZARENA may deploy changes, updates, or enhancements to CindyApp’s mobile and web applications at any time. ZARENA may provide maintenance and support for the CindyApp’s mobile and web applications, but has no obligation whatsoever to furnish such services to you and may terminate such services at any time without notice. You acknowledge that neither Apple (for iOS Mobile App) nor Google (for Android Mobile App) has an obligation to furnish any maintenance or support services in connection with CindyApp mobile app.

12. No warranty

YOUR USE OF CINDYAPP’S MOBILE AND WEB APPLICATIONS IS AT YOUR SOLE RISK. CINDYAPP’S MOBILE AND WEB APPLICATIONS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE EXTENT ALLOWED UNDER LAW, ZARENA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOU FURTHER ACKNOWLEDGE AND AGREE THAT WE ARE NOT RESPONSIBLE FOR THE AVAILABILITY AND/OR FUNCTIONALITY OF ANY THIRD PARTY'S WEBSITE AN/OR MATERIAL YOU MAY ACCESS THROUGH CINDYAPP MOBILE OR WEB APPLICATION.

CindyApp’s mobile and web applications are only available for supported devices and might not work on every device. Determining whether your device is a supported or compatible device for use of the applications is solely your responsibility, and downloading CindyApp’s mobile application is done at your own risk. ZARENA does not represent or warrant that CindyApp’s mobile and web applications and your device are compatible or that CindyApp’s mobile or web applications will work on your device.

13. Disclaimer

WE ARE NOT RESPONSIBLE FOR DAMAGES TO USERS OR TO THIRD PARTIES OR TO THEIR HARDWARE THAT OCCUR DIRECTLY, INDIRECTLY NOR ACCIDENTALLY AS A RESULT OF NOR IN CONNECTION WITH THE USE OF OUR SERVICES AND/OR PRODUCTS, INCLUDING THE DOWNLOAD OF MATERIAL THROUGH OUR SERVICES. WE ARE NOT LIABLE FOR DAMAGE TO USERS OR THIRD PARTIES AS A RESULT OF THE INABILITY TO USE OUR SERVICES AND/OR OUR MOBILE APPLICATION AND/OR PRODUCTS, NOR DIRECT, INDIRECT, NOR IN CONNECTION WITH THIS EVENT. HENCE, YOUR USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS.

14. Third Parties

We do not endorse and shall not be held responsible nor liable for any content, advertising, product or service on or available through third-party websites. Any transactions between you and any third party found on or via the CindyApp mobile or web application, including payment for and delivery of products, services and any other terms, conditions, warranties or representations associated with such dealings, are made between you and the entity in question. Therefore, we are neither responsible nor liable for any loss/damage of any sort, incurred in such dealings.

15. Feedback

As part of our commitment to excellence, ZARENA welcomes your comments and suggestions to some or all of the conditions and policies stated on the present Terms. In order to contribute with your comment/suggestion, contact our Customer Care department, or send an email to: support@cindyapp.com.

16. Changes of the Terms

ZARENA reserves the right to, at any time, modify these Terms, at its own discretion, to take into account legal, industry-related, or any other changes in the status quo. The latest updated version of these Terms agreement is available at www.cindyapp.com/terms. You will receive a notification for update of the Terms by email , at least 10 days prior to the effective date of the new version. Your continued use of CindyApp mobile or web application after ZARENA sends you a notice of the changes indicates your consent to the updated terms.

17. Severability

If any court or regulator decides that any provision of these Terms is invalid or otherwise unenforceable, such provision shall be severed and deleted from these Terms and the remainder terms and conditions shall continue to have full force and effect.

18. Governing Law and Dispute Resolution

If any of the above provisions are declared null and void, this clause will not affect the validity of the other clauses.

This document is drawn up and will be interpreted in accordance with Bulgarian law.

Any disputes arising out of or relating to these Terms or any additional agreements thereto, including disputes arising out of or relating to interpretation, invalidity, non-performance or termination, shall be resolved by mutual consent. If no agreement is reached, disputes will be resolved by court order, in accordance with the provisions of the Bulgarian law.