1. Acceptance of These Terms
These Terms of Service ("Terms") form an agreement between you and Andriy Zherebyatyev ("Bipper", "we", "us", or "our").
They apply to the Bipper iOS application, Bipper widgets, related websites, backend services and other features we make available as part of Bipper (collectively, the "Service").
By creating an account, accessing or using the Service, you agree to these Terms. If you do not agree, do not use the Service.
Our Privacy Policy explains how we process personal data and forms an important part of your relationship with Bipper.
2. What Bipper Does
Bipper is a social application designed for a small Circle of people you choose.
The Service allows users to record and send short audio moments ("Bipps"), generally up to 10 seconds long, optionally accompanied by an emoji. Bipps may be delivered through the app and surfaced through Bipper's iOS widget and related system features.
Bipper is not intended to replace telephone calls, emergency communications or services where guaranteed delivery is required.
We may add, change or remove features as Bipper evolves.
3. Eligibility
You must be at least 13 years old to use Bipper.
If you are under the age at which you can legally agree to these Terms or authorize applicable processing in your country, you may use Bipper only with any parent or guardian authorization required by applicable law.
If you are under 18, you represent that your use of Bipper is permitted by your parent or legal guardian where such permission is required.
You may not use Bipper if applicable law prohibits you from receiving or using the Service.
4. Your Account
Some or all Bipper features require an account.
You agree to provide accurate information and to keep your account information reasonably current.
You are responsible for maintaining control of the email account, device and credentials used to access Bipper. You must not knowingly allow another person to impersonate you through your account.
If you believe your account has been accessed without permission, contact us promptly.
You may not sell, rent, transfer or commercially trade a Bipper account.
5. Your Bipps and Other User Content
Audio, emoji, profile information and other material that you create or provide through Bipper is referred to in these Terms as "User Content".
You keep ownership
You retain ownership of your User Content and any intellectual property rights you have in it.
Permission needed to operate Bipper
By sending or uploading User Content, you give Bipper a limited, non-exclusive, worldwide, royalty-free license to host, store, reproduce, transmit, process and display that User Content only as reasonably necessary to operate, secure and provide the Service, including delivering content to the people you select.
This license ends when the relevant User Content is deleted from our active systems, except to the limited extent retention is required by law or reasonably necessary for security, abuse prevention or legal claims.
Your responsibility
You are responsible for User Content you create and send. You represent that you have the rights and permissions necessary to share it through Bipper.
A Bipp is intended for the recipient or recipients selected by its sender. Receiving a Bipp does not automatically give you permission to publish, redistribute, commercially exploit or otherwise share another person's content outside the context in which it was sent.
6. Respect the Privacy of Other People
Bipper lets you record sound. You are responsible for using that feature lawfully and respectfully.
Do not secretly record, disclose or distribute another person's private conversation, voice or other information where doing so would violate applicable law or that person's rights.
You should consider whether people around you reasonably expect privacy before recording or sharing audio that includes them.
7. Acceptable Use
You may not use Bipper to:
- threaten, harass, bully, stalk or intimidate another person;
- send content that is unlawful, abusive, hateful, sexually exploitative, seriously violent or otherwise intended to harm another person;
- exploit, endanger or sexualize minors;
- impersonate another person or misrepresent your identity in a deceptive or harmful way;
- infringe copyright, privacy, publicity, trademark or other rights belonging to another person;
- send malware, malicious code, spam, scams or fraudulent content;
- use automated systems, scraping tools, bots or similar techniques to access or collect information from the Service without our written authorization;
- probe, attack, disrupt, overload or attempt to bypass security, rate limits, authentication, access controls or technical restrictions;
- reverse engineer or attempt to extract source code except to the extent that applicable law expressly permits it;
- use Bipper to facilitate criminal activity or violate applicable law.
8. Reports, Blocking and Moderation
Bipper may provide tools for reporting content or behavior, blocking users, removing people from a Circle or otherwise controlling who can interact with you.
We may review reports and information reasonably necessary to investigate suspected violations of these Terms, protect users, respond to legal obligations or maintain the safety and integrity of the Service.
We may remove content, limit functionality, suspend accounts or terminate accounts where we reasonably believe a user has violated these Terms, created a serious risk to another person, abused the Service or exposed Bipper to legal or security risk.
Nothing in these Terms requires us to monitor every Bipp or other piece of User Content.
9. Availability, Delivery and Retention
Bipper is designed around temporary content. Recipient history is generally limited to approximately 48 hours, while a sender may access their own recent Bipps for up to 7 days.
These time periods are product features, not guarantees of permanent storage. Content may become unavailable earlier due to account deletion, moderation, technical failure, legal requirements or changes to the Service.
You should not use Bipper as your only storage location for information that you need to preserve.
Delivery and notifications can be affected by network connectivity, iOS settings, device state, Apple services and other factors outside Bipper's control. We do not guarantee immediate or uninterrupted delivery.
10. Bipper's Intellectual Property
The Bipper application, software, source code, interface, graphics, branding, logos, designs, sounds created by us, documentation and other elements of the Service, excluding User Content, are owned by Bipper or its licensors and are protected by applicable intellectual property laws.
Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable and revocable right to use Bipper for its intended purpose.
No other rights are granted unless expressly stated.
11. Third-Party Services and Apple
Bipper relies on third-party technology and services, including infrastructure providers and Apple platform services. Your use of those services may also be governed by their applicable terms.
Apple App Store
If you download Bipper through Apple's App Store, you acknowledge that these Terms are between you and Bipper, not Apple Inc. ("Apple").
Bipper, not Apple, is responsible for the Service and its content, subject to applicable law. Apple has no obligation to provide maintenance or support services for Bipper.
Your right to use Bipper is limited to Apple-branded products that you own or control and as permitted by the applicable Apple Media Services terms and Usage Rules.
To the extent required by Apple's applicable terms, Apple and its subsidiaries are third-party beneficiaries of the provisions relating to the iOS application and may enforce those provisions against you.
Nothing in these Terms limits any rights you have against Apple or Bipper that cannot legally be excluded.
12. Suspension, Termination and Account Deletion
You may stop using Bipper at any time.
You may initiate deletion of your account through the account settings inside the app.
We may suspend or terminate access where reasonably necessary because of a serious or repeated breach of these Terms, fraud, abuse, security risk, legal requirements, or conduct that threatens another person or the Service.
Where appropriate and legally required, we will take proportionality and the circumstances of the case into account.
Sections that by their nature should survive termination, including provisions concerning intellectual property, liability, disputes and legal obligations, continue to apply after termination.
13. Service Disclaimers
We work to keep Bipper reliable and secure, but no online service can operate without interruption or error.
To the maximum extent permitted by applicable law, the Service is provided on an "as available" basis and we do not guarantee that it will always be uninterrupted, error-free or available on every device or network.
Nothing in these Terms excludes warranties, guarantees or consumer rights that cannot be excluded under applicable law.
14. Limitation of Liability
Nothing in these Terms excludes or limits liability where doing so would be unlawful, including liability for fraud, fraudulent misrepresentation, death or personal injury caused by negligence where such liability cannot be excluded, or mandatory consumer rights.
Subject to those mandatory rights, Bipper is not responsible for indirect or consequential losses that were not reasonably foreseeable when you agreed to these Terms.
We are not responsible for the independent acts of other users or for User Content created by other people, except to the extent that applicable law imposes responsibility on us.
15. Governing Law and Disputes
These Terms are governed by Italian law, without prejudice to mandatory consumer protections available to you under the laws of the country where you live.
If you are a consumer in the EEA, nothing in these Terms deprives you of any mandatory right to bring a claim before a court that has jurisdiction under applicable consumer law.
Before starting formal proceedings, we encourage you to contact us so that we can try to resolve the issue directly.
16. Changes to the Service or These Terms
Bipper will evolve over time. We may modify the Service and may update these Terms when features, business practices or legal requirements change.
If a change materially affects your rights or obligations, we will take reasonable steps to give notice before or when the new Terms take effect.
If you continue using Bipper after updated Terms take effect, the updated Terms will apply to your continued use, to the extent permitted by law.
17. Contact
Questions about these Terms, reports of violations or legal notices may be sent to:
Andriy Zherebyatyev
Via Monte San Michele 1/G, 28066 Galliate (NO), Italy
andriy.zherebyatyev@gmail.com