TERMS AND CONDITIONS OF USE FOR THE BOB MAKLER MOBILE APP
The following terms and conditions of use apply to the Bob Makler mobile app (“mobile app” , "Bob Makler", or “app”). By accessing the mobile app, you implicitly agree to abide by all of the terms and conditions that apply to its use, with or without explicit consent, as well as to the facilities and services provided via the mobile app. Bob Makler OÜ, also known as bobmakler.com, is referred to as "we," "us," or "our" in these terms and conditions. "You" or "your" means the user of the mobile app, either as a estate agent, landlord or seller marketing property or as a (retail) end user.
We reserve the right to modify these terms and conditions of use at any time, and it is your responsibility to check for changes. Your use of the mobile app after changes have been posted on the website of Bob Makler OÜ in a timely manner constitutes acceptance of the new terms and conditions.

OUR RESPONSIBILITIES
We are a property search engine and not an estate agency. We disseminate information about available properties being marketed publicly by others on the web. The provision of this service does not imply a principal/agent relationship. It is the responsibility of estate agents, landlords or sellers, not us, to prepare the property details, field inquiries directly from the renting and buying public, and effect introductions between the landlord and renter, buyer and seller. We do not participate in any part of the transaction or communication between the public, estate agents, landlords and sellers. We are not responsible for the completeness, currency and/or accuracy of any data provided in relation to properties being marketed.

ACCESS TO MOBILE APP
Access to the mobile app is temporary, and we reserve the right to withdraw or amend the service we provide on the mobile app without notice. We will not be liable if the mobile app is unavailable at any time or for any period.
From time to time, we may restrict access to certain parts of the mobile app, or the entire mobile app, to registered and unregistered users, for example due to unauthorized access or security violations.
You may only use the app for legal purposes (in compliance with all applicable laws and regulations in force) and not in a manner that could violate the integrity of Bob Makler OÜ, any entities that are part of our group of companies and/or any affiliated companies.

PUSH NOTIFICATIONS
We may provide you with text messages, push notifications, emails, alerts and other messages related to the App and/or the Bob Makler services, such as enhancements, offers, products, events, and other promotions. After downloading the App, you will be asked to accept or deny push notifications/alerts. If you deny, you will not receive any push notifications/alerts. If you accept, push notifications/alerts will be automatically sent to you. If you no longer wish to receive push notifications/alerts from the App, you may opt out by changing your notification settings on your mobile device.

CONTENT
By agreeing to use the mobile app to search the public database(s) of properties, you agree to use, reproduce, and print materials comprising the results of such searches for your personal, non-commercial use only.
The pages contained in the mobile app and our website may contain technical inaccuracies and typographical errors. The information in these pages may be updated from time to time and may at times be out of date. We do not accept responsibility for keeping the information up-to-date or for any failure to do so.
The information contained in the content of the mobile app is for information purposes only. The content on the mobile app does not constitute advice, and you should not rely on any content to make (or refrain from making) any decision or take (or refrain from taking) any action.
We provide no express or implied warranties, conditions, guarantees, or representations regarding:
● The completeness or accuracy of the advice and information contained on the mobile app or any website to which it is linked;
● The content of the advertisements for properties included in our database, including but not limited to the tenure, size, authenticity of any photographs, compliance with the description, or state and condition of any such properties;
● The completeness of the results of any search of our database or that the properties selected by the search criteria provided by you are the only properties on our database which might meet your expectations or requirements.

LIABILITY
The material and data displayed on the Bob Makler app is provided without any guarantees, conditions, or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies, and third parties connected to us hereby expressly exclude:
● All conditions, warranties, and other terms which might otherwise be implied by statute.
● Any liability for direct, indirect, or consequential loss or damage incurred by any user in connection with the Bob Makler app or in connection with the use, inability to use, or results of the use of the Bob Makler app, any websites linked to it, and any materials posted on it, including without limitation any liability for:
◦◦ loss of income or revenue;
◦◦ loss of business;
◦◦ loss of profits or contracts;
◦◦ loss of anticipated savings;
◦◦ loss of data;
◦◦ data breaches not caused by Bob Makler;
◦◦ loss of goodwill;
◦◦ wasted management or office time; and
◦◦ for any other loss or damage of any kind, howsoever arising and whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable.
● Any liability for errors in the property descriptions, facilities, and services provided on the Bob Makler app. These are intended for information only, and whilst displayed in good faith, we will not in any circumstances accept responsibility for their accuracy. It is the responsibility of users to satisfy themselves as to the accuracy of any property descriptions by liaising with estate agents, landlords or sellers marketing the property.
● Any liability for links to third-party products, services, and/or websites that are not affiliated with us. We have no control over the products, services, or websites of these third parties and we do not guarantee or take responsibility for them. The Bob Makler app may also contain advertising from third parties, and we are not responsible for any misleading or inaccurate advertisements, which are the sole responsibility of the advertiser. Any links or advertisements on the Bob Makler app should not be taken as an endorsement by us of any kind. Furthermore, the Bob Makler app contains data provided by third parties, and we accept no responsibility for any inaccuracies in this material. You agree to release us from any claims or disputes of any kind arising from or in any way connected to such disputes with third parties.
● Any liability for content submitted and created by estate agents, property portals, sellers, and other third parties. We exclude all liability for any illegality arising from or error, omission, or inaccuracy in such content.
This does not affect our liability for death or personal injury arising from our negligence, nor any other liability which cannot be excluded or limited under applicable law.
● We will need to carry out routine maintenance and servicing of our servers and equipment from time to time. While we will seek to keep disruption to a minimum, we cannot guarantee that the Bob Makler app will be continuously available online. We, therefore, provide the Bob Makler app on an "as is" and "as available" basis.
● We make no warranty that the Bob Makler app (or websites/mobile applications/3rd party channels that are linked to the Bob Makler app) is free from computer viruses or any other malicious or impairing computer programs. It is your responsibility to ensure that you use appropriate virus checking software at all times.
We are not liable for any failure to perform any of our obligations under these terms and conditions caused by matters beyond our reasonable control.

INTELLECTUAL PROPERTY: COPYRIGHT AND TRADEMARKS
The services we provide and all proprietary content on the App, including design, copy, search results, meta data, images, graphics, structure, layouts, brand names and the underlying software code are protected by copyright and trademarks and are subject to the intellectual property rights of Bob Makler OÜ and its licensors. These together with our logos are either trademarks or service marks of Bob Makler OÜ and may not be copied or reproduced without our prior written consent. You may not reproduce, republish, transmit, or distribute any material or information on the App on a private or commercial basis without our prior consent. You will not not attempt to modify, translate, disassemble, de-compile, copy or reverse engineer the content and/or the Bob Makler software or create any derivative service or product based thereon.

LINKS TO OTHER SITES/MOBILE APPLICATIONS/3rd PARTY CHANNELS
The App contains hypertext links to websites that are not operated by us or other members of our group of companies. We are not responsible for the content of these hypertext links and our inclusion of hypertext links to respective websites/mobile applications/3rd party channels does not imply any endorsement of the material contained therein or of their owners. We hold the right to update and/or remove any hypertext links on a discretionary basis.

LINKS TO THE APP
You may establish a hypertext link to the App, without the need for our written consent, provided there is thereby no implied endorsement or sponsorship of you, your company, or your website, mobile application or 3rd party channel by us. Any such links are established at your own risk, and you accept liability for any adverse consequences on the operation and functioning of the App arising as a result of such links.

REGISTRATION DETAILS
To gain access to certain services and facilities on the App, you will need to register with us (free of charge). As part of the registration process, you will create a username and password. You will be responsible for maintaining the confidentiality of your username and password and restricting access to your device, as you will be accountable for any activities conducted under your registered username and password. If you believe that someone has accessed your account without authorization, please contact us immediately using Help centre in the app or by email.
You agree that the information supplied with your registration will be truthful, accurate, and complete. You also agree that you will not attempt to register in the name of any other individual or legal person nor will you adopt any username which we deem to be offensive. All personal information supplied by you as part of the registration process will be protected and used in accordance with the terms of our Privacy Policy.

GENERAL
We reserve the right to assign or subcontract any or all of our rights and obligations under these terms and conditions to a third party, within or outside our group of companies. You may not, without our prior written consent, assign or dispose of any rights or obligations arising under these terms and conditions.
These terms and conditions of use together with our Privacy Policy contain the entire agreement and understanding between the parties relating to the App and supersede any and all prior agreements, arrangements, statements, and understandings, except for any fraud or fraudulent representation by either party. We exclude all representations and warranties relating to access to use of the App, whether they are statutory or otherwise, as far as is possible by law.
If any of these terms and conditions of use shall be held to be invalid or unenforceable, it shall not affect the enforceability of any of the remaining provisions.
Our delay or failure to exercise or enforce any right or provision of these terms and conditions of use with respect to a breach by you or others shall not constitute or be construed as a waiver of such right to act. We shall not be responsible for any breach of these terms and conditions of use caused by circumstances beyond our control.
These terms and conditions of use shall be governed by and in accordance with Estonian law and subject to the exclusive jurisdiction of the Estonian Courts.
If you do not agree to obey these terms and conditions, you must refrain from using or stop using the App immediately.

PREMIUM BOB MAKLER SUBSCRIPTIONS
This section provides terms related to the Services that are only available with a paid subscription (“Premium Bob Makler”).
1. Introduction
Bob Makler Premium is a subscription-based enhancement of our standard property search service. By purchasing Premium Bob Makler, you agree that you are authorising recurring weekly or monthly payments, which will be made to Bob Makler using the payment method you selected until the subscription is cancelled by you or Bob Makler.
Bob Makler uses third-party payment processors such as the Apple App Store to facilitate secure purchases of Premium Bob Makler.
1.1. Payment
You can manage your Premium Bob Makler subscription by accessing the Premium Bob Makler section in the Settings of your Bob Makler account. If your payment method is declined, you must provide new payment information or your Premium Bob Makler subscription will be cancelled. If you provide new payment information and are successfully charged, your new subscription period will be based on the original renewal date and not the date of the successful charge.
1.2. Taxes and Conversion Rates
Users in certain regions may be required to pay local taxes, which will be calculated and added to the total cost of a purchase. Payment providers may apply their own commissions and conversion rates to payments in various currencies. This is outside of Bob Makler’s control.
2. Cancellation Policy
2.1. Cancelling a Subscription
You can cancel Premium Bob Makler at any time. You can cancel your subscription through your device's Account Settings or in the Manage Subscriptions section of the Apple App Store.
2.2 Refunds and Effective Cancellation
Your subscription will remain active from the time you cancel until the end of your current billing period, and you will not receive a refund or credit for any remaining days in your current billing period. At the end of your subscription you will lose access to all features associated with Premium Bob Makler.
Deleting your Bob Makler account or removing the Bob Makler application from your device does not cancel your subscription.
3. Paid Services Obtained Through Third Parties
If you obtain a Premium Bob Makler subscription via a third party (e.g. Apple App Store), your purchase may be further subject to the third party's terms as agreed between you and the third party. Your billing relationship will be directly with the applicable third party for paid services obtained via a third party.
3.1 Refunding Services Obtained Through Third Parties
By issuing a chargeback or refund request for Premium Bob Makler subscriptions paid for through a third party, you agree to allow Bob Makler to release necessary data to that third party regarding your account status and Premium Bob Makler purchases. Refunds are handled by Apple App Store, not Bob Makler.
4. Termination
4.1. Compliance with the Terms
Failure to comply with the Bob Makler Terms and Conditions may result in a temporary or a permanent ban from Bob Makler or some of its services. In such instances, you might lose the benefits of Premium Bob Makler and we will not compensate you for this loss.
4.2. Unilateral Termination
Bob Makler can decide to stop offering subscriptions at any time, including in response to unforeseen circumstances beyond our control, or to comply with a legal requirement; in this case we will cancel your subscription without refund.
5. Taxes, Fees and Refunds
You are responsible for all applicable taxes, data plans, internet fees, and other fees associated with your use of Bob Makler.
Generally, all charges for purchases are nonrefundable. It is not possible to get a “partial refund” or credit if a user wishes to cancel their recurring subscription early – it will remain valid until the end of its purchased duration.
6. Changes
6.1. Pricing and Terms
While we do not anticipate frequent changes to the price of Premium Bob Makler, we reserve the right to change both these terms and the fees in effect on renewal of your subscription, to reflect factors such as changes to our business, different product offerings, or new economic conditions.
6.2. Advance Notice
We will give you no less than 30 days' advance notice of any material changes via an in-app help chat message to you or using in-app banner and you will have the opportunity to cancel your subscription before the new fee comes into effect.
Messages from Bob Makler about your Premium account will contain relevant information about your subscription or payment status.
7. The Scope of Premium Services
7.1. Included Services
The services included in the Premium Bob Makler subscription (“Premium Services”) are listed in the Premium Bob Makler Section. From time to time, we may add new items into the Premium Services. We may also remove some of the existing Premium Services if we are no longer able to provide them for legal or technical reasons. In addition, some Premium Services may become free of charge for all Bob Makler users in the future.
7.2. Availability
Bob Makler strives to make its services available for all users all the time, but occasional technical issues may occur, temporarily preventing us from delivering services, including Premium Services, to our users. Bob Makler will not compensate you for any direct or indirect loss resulting from our temporary inability to provide any free or paid services.

CORRESPONDENCE
All correspondence relating to the App should be sent to our compliance officer using our Contact email.