AGREEMENT TO OUR LEGAL TERMS
We are Berkuubik MB (“Company,” “we,” “us” or “our”), a company registered in Lithuania under company registration number 308012954, with its registered office at Vilkpėdės g. 22, LT-03151 Vilnius, Lithuania.
We operate the mobile application GuideWay: Travel and Guide (the "App"), as well as any other related products and services that refer or link to these legal terms (the "Legal Terms") (collectively, the "Services").
GuideWay is a digital travel-information service that allows users to record countries they have visited or plan to visit, check informational visa requirements using a selected passport issuing country, access general country information, save travel preferences, purchase individual travel guides and access subscription features.
You can contact us by phone at +15028536547, email at hello@berkuubik.com, or by mail to Vilnius, Vilkpėdės g. 22, LT-03151, Lithuania.
These Legal Terms constitute a legally binding agreement between you and Berkuubik MB concerning your access to and use of the Services. By creating an account, selecting an option confirming your acceptance of these Legal Terms, purchasing a product or subscription, or otherwise entering into a contract for the Services, you agree to these Legal Terms. If you do not agree to these Legal Terms, you must not create an account, make a purchase or continue using the Services. Nothing in these Legal Terms excludes, restricts or modifies any consumer right or remedy that cannot lawfully be excluded, restricted or modified.
We may update these Legal Terms where reasonably necessary to reflect changes to the Services, applicable law, security requirements, App Store or Google Play requirements, payment arrangements, or our legitimate business operations. We will provide reasonable advance notice of material changes where required by applicable law or where a change materially affects your rights or obligations. Changes will not apply retroactively unless required by law.
Your continued use of the Services after the effective date of an updated version constitutes acceptance of the updated Legal Terms only to the extent permitted by applicable law. If you do not agree to a material change, you may stop using the Services and, where applicable, exercise any cancellation or termination right available under applicable law. Nothing in this section permits us to make a unilateral change that is prohibited or unfair under mandatory consumer law.
The Services are intended for users who are at least 13 years old. If you reside in the European Economic Area (“EEA”), you must be at least 16 years old. If you are under the legal age of majority in the jurisdiction where you reside, you may use the Services only with the permission of a parent or legal guardian who has reviewed and agreed to these Legal Terms.
1. OUR SERVICES
GuideWay may not be available in every country, territory or language, and certain features, subscriptions or purchases may not be available in all locations. You must not use guideway where its use is prohibited by applicable law.
Availability of GuideWay in a particular location does not exclude or restrict any mandatory consumer right available under applicable law.
Travel, Visa and Emergency Information
Information provided through GuideWay, including visa requirements, passport-related information, entry and transit requirements, country information, currency information, population figures, emergency contact details and travel-guide content, is provided for general informational and travel-planning purposes only.
Visa, immigration, transit, passport-validity, vaccination, public-health, customs and border-entry requirements may change without notice. Requirements may also depend on information that GuideWay does not collect or evaluate, including residence status, travel history, purpose of travel, route, transit points, age and individual circumstances.
GuideWay does not provide legal, immigration, medical, security or emergency advice. We do not guarantee that a user will obtain a visa, be permitted to board transportation or be admitted to any country.
Before booking or travelling, you are responsible for confirming applicable requirements directly with the relevant embassy, consulate, immigration authority, official government source and transport provider.
Emergency telephone numbers and safety information may change and may not be complete. In an emergency, contact the official emergency services at your location. GuideWay is not a replacement for emergency services.
We take reasonable steps to maintain accurate information, but we do not guarantee that every item of travel information will always be complete, current or error-free. Nothing in this section excludes liability or consumer remedies that cannot lawfully be excluded.
2. INTELLECTUAL PROPERTY RIGHTS
Our intellectual property
We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks").
Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United States and around the world.
The Content and Marks are made available for your personal, non-commercial use, subject to these Legal Terms and applicable law.
Your use of our Services
Subject to your compliance with these Legal Terms, we grant you a personal, non-exclusive, non-transferable and limited licence to access and use GuideWay and any Content that you have lawfully obtained through the Services for your personal, non-commercial purposes.
Except as expressly permitted by these Legal Terms or applicable law, you must not copy, reproduce, republish, publicly display, distribute, sell, license, translate, modify or otherwise commercially exploit the Services, Content or Marks without our prior written permission.
If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to: legal@berkuubik.com . If we ever grant you the permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content.
We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.
A material or repeated infringement of our intellectual-property rights may result in restriction, suspension or termination of access in accordance with Section 13. Where reasonably practicable and legally permitted, we will use proportionate measures and provide notice before terminating access.
3. USER REPRESENTATIONS
By using the Services, you represent and warrant that:
- you have the legal capacity to enter into these Legal Terms or have obtained any authorization required from a parent or legal guardian;
- you are at least 13 years old or, if you reside in the EEA, at least 16 years old;
- if you are under the legal age of majority where you reside, you have obtained the permission of a parent or legal guardian to use the Services;
- the account information you provide is accurate and reasonably current;
- you will not access the Services through unauthorized automated or non-human means;
- you will not use the Services for an illegal, fraudulent or unauthorized purpose; and
- your use of the Services will comply with applicable law.
If information necessary to maintain your account is materially false, fraudulent, inaccurate or incomplete, we may ask you to correct it and may restrict or suspend the account where reasonably necessary.
4. PURCHASES AND PAYMENT
GuideWay offers recurring subscriptions and separate one-time purchases of digital travel guides.
Purchases are processed through the Apple App Store or Google Play, as applicable. RevenueCat assists us with validating purchases, managing subscription status and determining which subscriptions or purchased guides a user is entitled to access. RevenueCat does not process users’ payment cards on our behalf.
The applicable Apple App Store or Google Play purchase interface will display the product, price, currency, applicable taxes, billing period and other material purchase terms before you confirm the transaction. The amount displayed in the applicable store interface is the amount payable.
We do not directly receive or store your complete payment-card details. No physical products, delivery charges or shipping services are involved.
You are responsible for using an Apple or Google account that you are authorized to use and for keeping the applicable store account and payment information current.
Price changes apply only to future one-time purchases or future subscription renewals. They will be implemented in accordance with applicable law and the applicable store rules. A price change will not retroactively change the price of a completed one-time purchase.
One-Time Guide Purchases
A one-time guide purchase provides you with a personal, limited, non-exclusive, non-transferable and non-commercial licence to access the purchased guide through GuideWay. A one-time guide purchase does not automatically create recurring billing.
Purchasing a guide does not transfer ownership of its text, images, maps, layout, design or other intellectual property to you.
The product description presented before purchase will identify the guide and any material access duration or restriction.
If a purchased guide is not supplied, is materially defective or is not as described, you retain all remedies available under applicable consumer law.
5. SUBSCRIPTIONS, CANCELLATION, WITHDRAWAL AND REFUNDS
Subscriptions and Automatic Renewal
The applicable subscription screen will display the subscription plan, included benefits, billing period, full renewal price, currency, and any trial or promotional terms before you confirm the purchase.
Subscriptions automatically renew for the same billing period unless they are cancelled before the applicable renewal date through the Apple App Store or Google Play account used to purchase the subscription.
You may manage or cancel your subscription through the Manage Subscription option provided in GuideWay or through the subscription settings of the applicable Apple App Store or Google Play account.
Deleting GuideWay from your device, logging out or deleting your GuideWay account does not automatically cancel an active subscription.
Unless applicable law or the applicable store rules provide otherwise, cancellation prevents the next renewal charge and subscription access remains available until the end of the current paid billing period.
If a free trial or introductory offer is provided, the purchase screen will state the duration of the offer and the price and billing frequency that will apply after the offer ends. Unless cancelled before the trial or promotional period expires, the subscription will convert to a paid subscription at the displayed price.
Subscription price changes will be communicated and implemented in accordance with applicable law and the applicable store rules. Where affirmative consent to a price increase is required, the increased price will not apply without that consent.
Right of Withdrawal
Consumers in the European Union, European Economic Area, United Kingdom and certain other jurisdictions may have a statutory right to withdraw from a distance contract within an applicable cooling-off period.
For one-time digital content supplied immediately, where applicable law permits the withdrawal right to be lost after supply begins, we will rely on that exception only where the consumer has separately:
- expressly requested that supply begin during the withdrawal period;
- expressly acknowledged that beginning supply will result in loss of the right of withdrawal; and
- received any confirmation required by applicable law.
Acceptance of these Legal Terms alone does not constitute separate express consent to immediate supply or a separate acknowledgment that a statutory withdrawal right will be lost.
Beginning access to a continuing subscription service does not automatically exclude every statutory cooling-off, cancellation or refund right. The rights applicable to a subscription depend on the applicable consumer law and the rules of the relevant store.
Where an applicable statutory right of withdrawal exists, you may exercise it through the refund or withdrawal process provided by the applicable Apple App Store or Google Play interface. You may also contact us at legal@berkuubik.com if the purchased digital content was not supplied, is defective, is not as described, or if you believe that you have a statutory consumer claim.
Refunds and Defective Digital Content
Refund requests relating to transactions processed by the Apple App Store or Google Play should normally be initiated through the applicable store.
You may also contact us at legal@berkuubik.com if purchased content was not supplied, is materially defective, is not as described or if you believe you have a statutory consumer claim.
Nothing in these Legal Terms excludes remedies relating to digital content or services that are not supplied, are defective, are not as described, lack required functionality or compatibility, or are not maintained or updated as required by applicable law.
Depending on the circumstances and applicable law, available remedies may include bringing the digital content or service into conformity, replacement, a proportionate price reduction, termination or a refund.
6. PROHIBITED ACTIVITIES
You must not:
- use GuideWay for an unlawful, fraudulent or unauthorized purpose;
- attempt to gain unauthorized access to an account, system, network or data;
- impersonate another person or use another person’s account without authorization;
- create accounts through fraudulent or unauthorized automated means;
- interfere with, disrupt or place an unreasonable burden on the Services or connected infrastructure;
- introduce malware, malicious code, viruses or other harmful material;
- circumvent access controls, security features, purchase verification, subscription restrictions or entitlement checks;
- use automated scraping, extraction, crawling, data-mining or similar tools, except where expressly authorized by us or permitted by applicable law;
- copy, reproduce, distribute, resell or commercially exploit GuideWay or its Content except as expressly permitted;
- remove or obscure copyright, trademark or other proprietary notices;
- use the Services in a way that infringes another person’s intellectual-property, privacy or other legal rights;
- use the Services to harass, threaten, deceive or harm another person;
- sell, transfer or commercially trade a GuideWay account; or
- attempt to reverse engineer, decompile or disassemble the App, except to the extent that applicable law expressly permits that activity and does not permit the restriction to be excluded by contract.
We may take reasonable and proportionate steps to prevent, investigate or respond to prohibited activity, including restricting or suspending access where necessary.
7. PRIVATE USER CONTENT
GuideWay may allow you to save private information such as countries visited, countries added to a wishlist, selected passport issuing countries, travel preferences and personal notes (“User Content”).
The selected passport issuing country may relate to your own passport or may simply be a passport selected for an informational visa check. GuideWay does not collect passport numbers, passport scans, passport photographs or copies of identity documents through its standard visa-checking functionality.
You retain ownership of your User Content.
You grant us a limited, non-exclusive licence to host, store, reproduce, process and display your User Content only to the extent necessary to:
- operate GuideWay;
- synchronize data across your authorized devices;
- provide the features you request;
- protect the security and integrity of the Services;
- comply with your instructions; and
- comply with applicable law.
GuideWay is not intended as a public content-sharing or social-networking platform. User Content will not be publicly displayed or shared with other GuideWay users unless a future feature clearly explains otherwise and you voluntarily choose to use that feature.
You must not provide unlawful content, content that infringes another person’s rights or another person’s personal data without an appropriate legal basis or permission.
8. FEEDBACK LICENCE
If you voluntarily provide ideas, recommendations or feedback about GuideWay, you grant us a non-exclusive, worldwide and royalty-free licence to use that feedback to develop, operate, promote and improve our products and services.
This licence does not transfer ownership of your private User Content or permit us to publicly disclose personal data contrary to our Privacy Policy or applicable law.
9. MOBILE APPLICATION LICENSE
Use License
If you access the Services via the App, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the App on wireless electronic devices owned or controlled by you, and to access and use the App on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Legal Terms. You shall not:
1. Except as permitted by applicable law, decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the App.
2. Make any modification, adaptation, improvement, enhancement, translation, or derivative work from the App.
3. Violate any applicable laws, rules, or regulations in connection with your access or use of the App.
4. Remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the App.
5. Use the App for any revenue-generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended.
6. Make the App available over a network or other environment permitting access or use by multiple devices or users at the same time.
7. Use the App for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the App.
8. Use the App to send automated queries to any website or to send any unsolicited commercial email.
9. Use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the App.
Apple App Store and Google Play
Where you obtain GuideWay through the Apple App Store or Google Play, your use of the App is also subject to the applicable store terms.
For the iOS version, these Legal Terms are concluded between you and Berkuubik MB, and not with Apple. Berkuubik MB, and not Apple, is responsible for GuideWay and its Content, maintenance, support and claims relating to the App, except to the extent Apple’s terms or applicable law provide otherwise.
The licence granted for the iOS App is a non-transferable licence to use GuideWay on Apple-branded products that you own or control, as permitted by the applicable Apple usage rules, including any use allowed through Family Sharing or similar functionality.
Berkuubik MB is responsible for providing maintenance and support for GuideWay to the extent stated in these Legal Terms or required by applicable law. Apple and Google have no obligation to provide ordinary maintenance or support for GuideWay.
If the iOS App fails to conform to an applicable warranty, you may notify Apple, and Apple may refund the purchase price paid for the App itself in accordance with Apple’s applicable terms. To the maximum extent permitted by law, Apple has no other warranty obligation concerning GuideWay. Berkuubik MB remains responsible for other claims, losses and remedies arising from a failure to comply with an applicable warranty.
Berkuubik MB, and not Apple, is responsible for addressing claims relating to GuideWay, including product-liability, regulatory, consumer-protection, privacy and intellectual-property claims, to the extent required by applicable law.
You represent that you are not located in a country or territory subject to an applicable United States government embargo and are not included on an applicable United States government prohibited or restricted-party list.
You must comply with applicable third-party terms when using GuideWay.
Apple and Apple’s subsidiaries are third-party beneficiaries of these Legal Terms in relation to the iOS App. Upon your acceptance of these Legal Terms, Apple will have the right to enforce the applicable provisions against you as a third-party beneficiary.
Nothing in this section makes Google a third-party beneficiary unless Google’s applicable terms expressly provide otherwise.
10. THIRD-PARTY WEBSITES AND CONTENT
GuideWay may contain links to websites, applications, services, maps, information or content operated or provided by third parties.
We do not control third-party services and do not guarantee their availability, accuracy, security, legality or privacy practices. The inclusion of a link or integration does not by itself constitute an endorsement.
When you leave GuideWay or use a third-party service, the third party’s own terms and privacy policies may apply. You should review those terms and policies before using the third-party service.
To the maximum extent permitted by applicable law, we are not responsible for losses caused solely by the independent acts or omissions of a third party outside our reasonable control.
Nothing in this section excludes liability or consumer remedies that cannot lawfully be excluded.
11. SERVICES MANAGEMENT
We may take reasonable and proportionate measures to operate, protect and maintain the Services, including:
- monitoring technical systems for security threats, fraud, abuse and violations of these Legal Terms;
- restricting or suspending access where reasonably necessary to protect users, our systems or third-party rights;
- removing or disabling unlawful, infringing or technically harmful material;
- complying with lawful requests from courts, public authorities, Apple or Google; and
- performing maintenance, security updates and technical changes.
We will exercise these rights consistently with applicable law and mandatory consumer protections.
12. PRIVACY POLICY
Our collection and use of personal data is described in the GuideWay Privacy Policy, available at https://berkuubik.com/portfolio/guideway/privacy-policy/.
The Privacy Policy is a transparency notice. It is not intended to obtain consent where applicable law requires separate, freely given consent.
Where we rely on consent for optional analytics, A/B testing, direct marketing or similar processing, we will request that consent separately through GuideWay or another appropriate interface.
Personal data may be processed by Berkuubik MB and by service providers described in the Privacy Policy, which may include Google Firebase, RevenueCat, Mapbox, Hostinger, Apple and Google. International transfers are handled as described in the Privacy Policy and in accordance with applicable data-protection law.
GuideWay is not directed to children under the age of 13 or, where the user resides in the EEA, under the age of 16. We do not knowingly collect personal data from users below the applicable minimum age.
If we learn that personal data has been collected from a user below the applicable minimum age contrary to applicable law, we will take reasonable steps to delete the information and terminate the associated account.
13. TERM, TERMINATION AND ACCOUNT DELETION
These Legal Terms remain effective while you use the Services.
You may stop using GuideWay at any time. Uninstalling the App, logging out or ceasing use does not automatically delete your account or cancel an active subscription.
We may restrict, suspend or terminate access where reasonably necessary because:
- you materially or repeatedly breach these Legal Terms;
- we reasonably suspect fraud, abuse, unauthorized access or a security threat;
- a relevant purchase is reversed, refunded or remains unpaid;
- action is required by applicable law, a court, a competent authority, Apple or Google;
- continued access creates a material technical or security risk; or
- we discontinue the relevant Service.
Where reasonably practicable and legally permitted, we will provide notice and an opportunity to correct a remediable breach before terminating access.
We will use proportionate measures and will not terminate paid access for arbitrary or discriminatory reasons.
Where we discontinue a paid Service, users retain any continued-access, price-reduction, refund or other remedy required by applicable law.
Termination does not affect rights, liabilities or payment obligations that arose before termination.
Account Deletion
You may initiate deletion of your GuideWay account by navigating to Profile > Delete My Account. You may also request deletion through the external account-deletion resource identified in our Privacy Policy or by contacting privacy@berkuubik.com. Account deletion permanently closes the account and deletes or irreversibly anonymizes the personal data associated with it.
Deleted account data includes account and profile information, authentication information, countries marked as visited, wishlist countries, selected passport issuing countries, saved preferences, notes, guides and other account-linked content.
We may retain strictly limited records where necessary to comply with tax, accounting or other legal obligations, verify transactions, prevent fraud, maintain security, resolve disputes, or establish, exercise or defend legal claims. The retained information will be limited to what is necessary for those purposes and will not be used to recreate the account or rebuild the user’s travel profile.
Further information about the categories of information retained and the applicable retention periods is provided in the GuideWay Privacy Policy.
Deleting your GuideWay account does not automatically cancel an active subscription purchased through the Apple App Store or Google Play. Recurring charges may continue until the subscription is cancelled through the store account used to make the purchase.
Deleting an account does not automatically create a right to a refund.
14. MODIFICATIONS AND INTERRUPTIONS
We may update, modify or discontinue features where reasonably necessary for security, legal compliance, technical maintenance, compatibility, store requirements or product development.
Where a modification materially affects an ongoing paid Service, we will provide the notice, continued access, replacement, price reduction, cancellation opportunity, refund or other remedy required by applicable law.
We will not intentionally remove access to paid content or subscription benefits during an already-paid period without providing an appropriate remedy where required by applicable law.
GuideWay may occasionally be unavailable because of maintenance, technical failures, security incidents, third-party outages or events outside our reasonable control.
We will use reasonable care to maintain the Services and restore availability, but we do not guarantee continuous or uninterrupted access.
Nothing in this section excludes liability or consumer remedies that cannot lawfully be excluded.
15. GOVERNING LAW AND JURISDICTION
These Legal Terms are governed by the laws of the Republic of Lithuania.
If you are a consumer, this choice of law does not deprive you of the protection provided by mandatory provisions of the law of the country in which you habitually reside.
Nothing in these Legal Terms limits a consumer’s right to bring proceedings before a court that has jurisdiction under applicable mandatory consumer-jurisdiction rules.
For disputes involving a user acting for business or professional purposes rather than as a consumer, the courts of Vilnius, Lithuania will have jurisdiction unless applicable law requires otherwise.
The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Legal Terms.
16. COMPLAINTS AND DISPUTE RESOLUTION
Please first submit complaints concerning GuideWay, subscriptions or guide purchases to legal@berkuubik.com.
Where available, include:
- the email address associated with your GuideWay account;
- the applicable Apple App Store or Google Play platform;
- the relevant order or transaction reference; and
- a description of the issue and the resolution you are requesting.
We will consider consumer complaints free of charge and provide a reasoned written response within the period required by applicable law.
For complaints governed by Lithuanian consumer law, we will provide a detailed and reasoned written response no later than 14 days after receiving the written complaint.
If an eligible Lithuanian consumer dispute is not resolved, the consumer may apply to:
State Consumer Rights Protection Authority A. Goštauto g. 12 LT-01108 Vilnius Lithuania
Consumers residing in the European Union, European Economic Area or another jurisdiction may also contact an applicable consumer-protection or alternative dispute-resolution body.
The European Commission maintains a list of recognized consumer alternative dispute-resolution bodies at:
https://consumer-redress.ec.europa.eu/dispute-resolution-bodies
17. CORRECTIONS
The Services may occasionally contain typographical, technical or factual errors concerning descriptions, availability or prices.
We may correct an error where reasonably necessary. We will not retroactively increase the price of a completed transaction.
If a material pricing or product-description error is identified before digital content is supplied, we may cancel the affected transaction and arrange a full refund through the applicable store.
Nothing in this section limits remedies available for digital content or services that are not supplied, are defective or are not as described.
18. DISCLAIMER
We will provide GuideWay with reasonable care and skill. However, mobile applications, online services and third-party data sources cannot be guaranteed to be continuously available, completely secure or entirely free from errors.
Travel, visa, country and emergency information is provided subject to the limitations stated in the Travel, Visa and Emergency Information section.
To the maximum extent permitted by applicable law, we are not responsible for losses caused solely by:
- inaccurate or incomplete information provided by a user;
- a user’s failure to verify travel, visa, transit or entry requirements with an official authority;
- interruption or failure of an Apple, Google, RevenueCat, Firebase, Mapbox, hosting, telecommunications or other third-party service outside our reasonable control;
- use of GuideWay in material breach of these Legal Terms; or
- an event outside our reasonable control.
Nothing in these Legal Terms excludes statutory warranties, guarantees or consumer remedies that cannot lawfully be excluded.
19. LIMITATION OF LIABILITY
To the maximum extent permitted by applicable law, we are not liable for indirect or consequential losses that were not reasonably foreseeable when the relevant contract was formed.
Nothing in these Legal Terms excludes or limits liability for:
- fraud or fraudulent misrepresentation;
- intentional misconduct or gross negligence;
- death or personal injury where such liability cannot lawfully be excluded;
- breach of mandatory data-protection obligations;
- failure to provide mandatory statutory remedies for digital content or services; or
- any consumer right or remedy that cannot lawfully be excluded or limited.
Where applicable law permits a limitation of liability in a particular circumstance, that limitation will apply only to the extent that it is reasonable, proportionate and lawful.
20. USER RESPONSIBILITY
You are responsible for direct and reasonably foreseeable losses caused by:
- your intentional unlawful use of the Services;
- your material breach of these Legal Terms;
- your infringement of another person’s intellectual-property, privacy or other legal rights; or
- your fraud or deliberate misuse of the Services.
You are not required to defend or indemnify Berkuubik MB merely because you used GuideWay.
No compensation or indemnification obligation applies where it would be prohibited, disproportionate or unfair under applicable consumer law.
We will take reasonable steps to mitigate any loss for which we seek compensation.
21. USER DATA
We use reasonable technical and organizational measures to protect account information and maintain appropriate backups.
No online system or backup process can guarantee that every loss, corruption or interruption will be prevented. You should retain separate copies of personal notes or information that is particularly important to you where reasonably possible.
Our processing, retention and deletion of personal data is governed by the GuideWay Privacy Policy and applicable data-protection law.
Nothing in this section waives rights relating to personal data, security failures, defective digital services, gross negligence or other rights that cannot lawfully be waived.
22. ELECTRONIC COMMUNICATIONS
Where permitted by applicable law, we may provide contractual notices, purchase-related information, subscription notices, policy updates and other service communications electronically through GuideWay, email or another appropriate electronic method.
You are responsible for keeping the email address associated with your account reasonably current.
Electronic communications satisfy written-notice requirements to the extent permitted by applicable law.
This section does not waive any right to receive information on paper, on a durable medium or in another form where applicable law requires it.
23. CALIFORNIA CONSUMER NOTICE
California residents may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs at:
1625 North Market Blvd., Suite N-112 Sacramento, California 95834 United States
Telephone: +1 800 952 5210
You should first contact us at legal@berkuubik.com so that we have an opportunity to address the issue.
Nothing in this section limits any right or remedy available under California law.
24. MISCELLANEOUS
These Legal Terms, together with policies expressly incorporated into them, constitute the agreement between you and Berkuubik MB concerning GuideWay.
If any provision is found unlawful, invalid or unenforceable, it will be limited or removed only to the minimum extent necessary. The remaining provisions will continue to apply.
Our failure to enforce a provision on one occasion does not waive the right to enforce it later.
We may transfer our rights and obligations as part of a merger, restructuring, financing, sale of business or similar transaction, provided that the transfer does not reduce mandatory consumer rights, guarantees or remedies.
Neither party is responsible for delay or failure caused by events outside its reasonable control, except for payment obligations already due and obligations that cannot lawfully be excluded.
Nothing in these Legal Terms creates a partnership, employment, agency, fiduciary or joint-venture relationship between you and Berkuubik MB.
Headings are included for convenience and do not affect the interpretation of these Legal Terms.
These Legal Terms will not be interpreted to waive mandatory rights merely because they were presented electronically or drafted by one party.
25. CONTACT US
Berkuubik MB Company registration number: 308012954 Vilkpėdės g. 22 LT-03151 Vilnius Lithuania
General inquiries: hello@berkuubik.com Customer support: support@berkuubik.com Legal and consumer complaints: legal@berkuubik.com Privacy inquiries: privacy@berkuubik.com Telephone: +1 502 853 6547