Terms Of Use

Содержание

Effective date: August 26, 2026

Acceptance of Terms
Company Disclaimer
Registration and Rights
Use of the Application
Children’s Privacy Protection and Age Restrictions
Export and Sanctions Control
Limited Rights to the Application
Rights to User Content
Use at Your Own Risk
Disclaimer Regarding Minors’ Use of the Application
Subscriptions
Forum
Passwords
Disclaimer of Warranties
Limitation of Liability
Use of Mobile Devices
Third-Party Services
Your Feedback
Enforcement of Rights
Changes to the Application
Indemnification
Miscellaneous Provisions
Notification and Takedown Procedures

Attention! These Terms of Use (“Agreement”) constitute a legal agreement between you (“you”) and Niebo ltd., a company located at Kemp House 160, United Kingdom (“Company,” “we”), in the CIS countries Belarus IP Antipenko NV UNP 491289402 — regarding the use of the Niebo ltd Ⓡ mobile application, Niebo ltd © websites (magickum.com and answers.magickum.com), the servers used by the application, computer files stored on such servers, and all related services, features, and content offered by the Company (collectively hereinafter — the “Application”). This Agreement is not entered into with Apple, Inc. or any of its subsidiaries, Google, Inc. or any of its subsidiaries, or other legal entities as applicable.

1. Acceptance of Terms

Please read this Agreement carefully. When you create an Account, access the Application, or use it, you confirm that you accept the terms of this Agreement and agree to comply with them. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT USE THE APPLICATION.

From time to time we may make changes to this Agreement. We will notify you by email, through the application, or provide you with a new version of the Agreement if we make changes that materially alter your rights. Your continued use of the Application after the effective date of the updated version of the Agreement will mean that you accept the Agreement with all changes.

2. Company Disclaimer

UNDER NO CIRCUMSTANCES SHALL THE COMPANY BE LIABLE FOR ANY ERRORS OR OMISSIONS OR FOR UNINTENTIONAL TECHNICAL INACCURACIES OR TYPOS IN THE MATERIALS PROVIDED, AS WELL AS FOR VIOLATION OF ANY ETHICAL OR MORAL NORMS IN EFFECT IN YOUR SOCIETY WITH REGARD TO SEX EDUCATION AND RELATED MATERIALS.

3. Registration and Rights

To use the Application, you may need to create or update an account (“Account”), and you will be asked to provide personal information including your name, gender, date of birth, and email address. This information will be stored and used in accordance with our Privacy Policy, which you can review at https://magickum.com/politika-konfidencialnosti.html (“Privacy Policy”). You agree that you will provide the Company with accurate and complete information and update it as it changes.

To create an Account and access the Application, you must be at least 13 years old (at least 16 years old in EU countries) and you must not be prohibited from using the Application under applicable law.

If you are under 18 years of age, your legal representative must review and accept the terms of this Agreement. By using this Application, you confirm that your legal representative has read and accepted this Agreement. We reserve the right, at our sole discretion, to restrict access for users under the age of 18 to certain content in the Application.

4. Use of the Application

Any content you submit through the Application is governed by the Company’s Privacy Policy Terms of Use Terms of Use https://magickum.com/politika-konfidencialnosti.html. In the event of any inconsistency between this Agreement and the Company’s Privacy Policy, this Agreement shall be legally binding. If you submit a question or answer, you are fully responsible for your own messages, the consequences of posting those messages, and your use of any messages that are publicly available in the Application. The Company and its licensors are not responsible for the consequences of any communications in public spaces in the Application. In cases where you feel threatened or believe that someone else is in danger, you should immediately contact your local law enforcement authorities.

By using the Application, you agree not to use it for any purposes prohibited by this Agreement. You are responsible for all your activity in the Application, and you must comply with all local, state, national and international laws and regulations, as well as any applicable regulatory requirements. You agree that if you take any of the following actions, you will effectively be in breach of this Agreement, and you agree that you will NOT:

resell, rent, lease, lend, sublicense, distribute or otherwise transfer the rights to the Application in any other way;
modify, reverse engineer, decompile or disassemble the Application;
copy, borrow, modify, translate or create derivative works without the written permission of the Company;
allow other persons to use the Application, including, but not limited to, through shared use via a network connection, except as provided by the terms of this Agreement;
circumvent or disable any technological features or measures in the application for the protection of intellectual property rights;
use the Application in combination with any device, program or service to circumvent technical measures used to control access or rights in content files or other subject matter protected by the laws of any jurisdiction;
use or access the application to collect data in a manner that is or may be used by a competing product or service;
use the Account for advertising, receiving or transmitting any advertising, including chain letters, spam or repeated messages;
use your Account to commit any unlawful actions;
upload for transmission any messages that violate the rights of any party;
upload any materials containing hate speech, abuse, offensive images or indecent behavior, pornography, sexually explicit materials, or any materials that may entail civil or criminal liability under applicable laws or regulations, or that may otherwise contradict this Agreement and the Company’s Privacy Policy;
upload any materials that contain software viruses or any other malicious computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or this website.

“Any unauthorized use of the website materials, including automated data copying, is strictly prohibited.”

Additional prohibitions (effective August 26, 2026):

use or permit the use of website materials, including texts, images, databases, and any other data, for training, teaching, fine-tuning, or improving artificial intelligence systems (including, but not limited to: large language models, neural networks, machine learning algorithms) without the express written consent of the Company;
scan, parse, or extract data from the website using automated means (crawlers, parsers, bots) for purposes related to the creation, training, or improvement of AI systems;
use any data obtained from the website for commercial purposes without a separate licensing agreement with the Company.

Violation of these terms entails immediate termination of access to the Application and may serve as grounds for claiming damages in accordance with applicable law.

Any violation of these rules immediately voids your license to use the application.

5. Protection of Children’s Privacy and Age Restrictions

We are committed to protecting the privacy of children.

Please note that our Application is not intended for children under the age of 13. We do not collect personal information from individuals whom we know for certain to be children under the age of 13.

If you are a resident of the European Union, you must be at least 16 years old to use the application. We prohibit residents of the European Union who have not reached the age of 16 from using the application to the extent that such prohibition is required by applicable law.

You must be at least 18 years old to be able to use certain features of the Application (for example, certain courses, articles or discussions on the Forum).

If you have information about any person who does not comply with these restrictions, please contact us at realunivers573@gmail.com, and we will take measures to delete or block their Account.

6. Export and Sanctions Control

The software supporting this Application may be subject to the laws and regulations of the United Kingdom governing export and re-export controls, including the Export Control Rules (Common rules for exports), administered by the Department for Business, Enterprise and Government Reform (DBERR), trade and economic sanctions of the Office of Foreign Assets Control of the UK Treasury (Her Majesty’s Treasury), and sanctions and embargoes administered by the UK Foreign & Commonwealth Office (FCO). You represent and warrant that you (1) are not located in any country or region subject to an embargo by the UK Government, and (2) are not a party on any sanctions list, as specified in the rules listed above.

You agree to comply with all UK and foreign export laws and regulations to ensure that neither the Application, nor any technical data related thereto, nor any direct products thereof are exported or re-exported, directly or indirectly, in violation of such laws and regulations, or used for any purposes prohibited by such laws and regulations.

7. Limited Rights to the Application

We grant you a personal, non-territorially-restricted, revocable, non-transferable and non-exclusive license to access and use the Application for personal and non-commercial purposes in accordance with the terms of this Agreement.

All rights, titles, and interests not expressly granted in this Agreement belong to the Company. If you wish to use the Company’s software, name, company name, trademark, service mark, logo, domain name, and/or any other identification with distinctive brand characteristics or other content owned by the Company, you must obtain written permission from the Company. Permission requests can be sent to realunivers573@gmail.com

For the avoidance of any doubt, the Company owns all texts, images, photographs, audio and video recordings, location data, and all other types of data or information that the Company creates and provides in connection with the Application, including, but not limited to, visual interfaces, interactive features, graphics, design, compilation of User Content, and compilation of aggregate user reviews, and any other elements and components of the Application, except for User Content as defined below. Except as expressly and unambiguously stated in this Agreement, we do not grant you any express or implied rights, and all rights in and to the Application and the Company’s content are reserved by us.

8. Rights to User Content

The Application allows you to add personal notes, share your stories, post, upload, or submit content (including public spaces in the Application, such as the Forum), and mark certain information in the Application (“User Content”). All rights to the user content that you post or enter in the Application belong to you.

By providing your user content to the Application, you (a) grant the Company a non-exclusive, transferable, sublicensable, worldwide, royalty-free license to use, copy, develop, transform, publicly display, publicly perform, create derivative works (works), incorporate them into other works (works), modify, reformat and distribute your user content in the context of the terms of use of the Application and related services and/or for the Company’s advertising purposes (for example, through displays on our web page, within the Application, on social media, on any web pages or platforms on the internet that we deem appropriate), subject to compliance with the Privacy Policy; (b) you agree to indemnify the Company and its affiliates, directors, officers and employees and hold them harmless from any claims and expenses, including attorneys’ fees, that may arise from the materials and/or your violation of the Company’s terms set forth in this Agreement.

The Company reserves the right to review all user content before submission to the Application and to remove any materials for any reason at any time without prior notice, at its sole discretion.

9. Use at Your Own Risk

Our goal is to help make information related to self-discovery more accessible and useful to you. At the same time, the App does not guarantee an improvement in users’ quality of life. You use the App and any information, forecasts or suggestions presented in the App at your own risk. We make no representations and give no warranties regarding the accuracy of the data, information, assessments and forecasts that we may provide to you through the App, and you agree and understand that the App is not intended to comply with or serve the same purpose as medical or scientific devices.

10. Disclaimer regarding use of the App by minors

THE INFORMATION IN THE APP DOES NOT PROVOKE, INDUCE OR OTHERWISE ENCOURAGE SEXUAL BEHAVIOR OR ACTIVITY AMONG MINORS AND DOES NOT ATTRIBUTE THE CONTENT OF COMMUNICATION TO ANY PARTICULAR PERSON. ALL INFORMATION PRESENTED IN THE APP IS INTENDED FOR GENERAL EDUCATIONAL PURPOSES ONLY.

We carefully review the materials that we make accessible through the App for persons aged 13–17 in order to avoid publishing any unacceptable or harmful content. We fully understand that moral and ethical rules may differ depending on the country and on what information relating to sexuality is permissible for minors in each particular country.

We do not intend to publish, and do not publish, sexually explicit content or content that could otherwise be qualified as harmful to minors under applicable law. We make every possible effort to ensure that the materials we provide in the App are based only on facts.

Please note that personal ethical views on what is offensive or could harm minors may differ from the requirements established for content accessible to minors under applicable law.

11. Subscriptions

Niebo Diary Dreams premium subscriptions. The mobile App offers premium subscriptions that provide you with access to additional features, such as a diary, interactive dream symbol selection, personalized information based on your dreams and dreams that came true, tools for detecting patterns in your emotional state, a dream calendar, and a lunar calendar. Some of our subscriptions include free content, where you can use the mobile App for free. A subscription with a paid period automatically renews into a paid subscription after expiration. If you decided to opt out of the paid subscription before a payment was made, cancel the subscription before the end of the paid period.

We offer monthly and semi-annual subscriptions. The money will be debited from your credit/debit card through your Account in App Store or Google Play after you select one of our subscriptions and confirm the purchase. Paid subscriptions automatically renew unless auto-renewal is turned off, until canceled in the “Manage Subscriptions” section in your Account settings. We will notify you if the subscription price increases and, if necessary, request your consent to renew. The charge will be made no more than 24 hours before the start of the last paid subscription period.

12. Forum

The Niebo Diary Dreams Forum is a special feature of the App that allows users to communicate with each other on a variety of different topics related to the app’s theme. All user comments on the Forum are posted anonymously. If you delete your Account, your comments will remain visible to other Forum users.

As a Forum user, you do not have the right to:

leave rude, offensive, provocative, discriminatory, intolerant, religious, racist, political, homophobic or offensive comments and statements;
publish offensive, obscene, pornographic, prohibited, sexually explicit images or any other materials (including links to such materials) prohibited by applicable law or rules, or which may otherwise contradict this Agreement;
provide any psychological counseling or impersonate a doctor;
advertise any product or service;
carry out other prohibited actions as defined in the Forum Terms of Use.

At our sole discretion, we reserve the right to:

delete all inappropriate comments or materials;
delete or modify comments containing personal data, such as name, address or email address;
restrict or prohibit access to the Forum at any time and without notice, if we determine that the content or use of the Forum violates this Agreement;
use, copy, modify, move, adjust, publicly post, publicly use and distribute discussions, comments and materials;
block your comments for any reason or moderate them as we see fit;
disable the Forum at any time without prior notice.

Any information published on the Forum should not be considered as advice, a prescription or an offer of assistance.

You can read more about the rules applicable to communication on the Forum in the Forum Terms of Use. The Forum Terms of Use constitute an integral part of the Agreement. By accepting this Agreement, you also accept the Forum Terms of Use.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY DISCLAIMS ANY LIABILITY FOR ANY DIRECT OR INDIRECT CONSEQUENCES ARISING FROM INFORMATION, LINKS AND MATERIALS POSTED BY USERS, ANY ACTIONS OR INACTIONS OF USERS, OR VIOLATION OF ANY APPLICABLE LAWS AND RULES.

13. Passwords

You are personally responsible for taking all reasonable measures to ensure that no unauthorized person has access to your passwords or Account in the Application. You are personally responsible for (1) controlling the distribution and use of your Account, username and passwords; (2) authorizing, controlling and managing access to your Account and password; (3) promptly notifying the Company if you believe that your account has been compromised, or if you need to deactivate your password for any other reason. Contact us at realunivers573@gmail.com. You grant the Company and all other persons or entities engaged by the Company to ensure the functioning of the Application the right to transmit, monitor, retrieve, store and use your information in the operation of the Application. The Company cannot and does not assume any liability for any information you provide, or for information transmitted or received through the Application that you or third parties use or misuse.

14. Disclaimer of Warranties

The Company manages and controls the Application from various regions and does not represent that the Application is appropriate or available for use in all regions. The Application or some of its features may not be available in your region or may differ across regions.

THE APPLICATION IS PROVIDED AS IS, WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ANY WARRANTIES ARISING FROM THE USE OF THE APPLICATION OR ITS USE IN COMMERCE. THE COMPANY DISCLAIMS ALL SUCH WARRANTIES EXCEPT AS PROVIDED BY LAW.

THE COMPANY AND ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT: (A) THAT THE APPLICATION WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR IN ANY REGION; (B) THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) THAT ANY CONTENT OR SOFTWARE AVAILABLE IN OR THROUGH THE APPLICATION WILL NOT CONTAIN VIRUSES OR OTHER HARMFUL COMPONENTS; (D) THAT THE RESULTS OF USING THE APPLICATION WILL MEET YOUR REQUIREMENTS; YOU USE THE APPLICATION SOLELY AT YOUR OWN RISK; (E) THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT, TEXTS, IMAGES, SOFTWARE, GRAPHICS OR MESSAGES PROVIDED BY THIRD PARTIES IN OR THROUGH THE APPLICATION, INCLUDING THE FORUM. SOME STATES/COUNTRIES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

15. Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL THE COMPANY, ITS OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, EMPLOYEES, ADVERTISERS AND DATA PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOSS OF PROFIT OR LOSS OF DATA), WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING NEGLIGENCE, BUT NOT LIMITED TO), CAPITAL OF THE COMPANY OR ELSEWHERE, ARISING OUT OF THE USE OF THE APPLICATION OR IN ANY WAY CONNECTED WITH THE USE OF THIS APPLICATION. IN NO EVENT SHALL THE COMPANY’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE APPLICATION EXCEED THE AMOUNTS YOU PAID TO THE COMPANY FOR USE OF THE APPLICATION OR ONE HUNDRED US DOLLARS ($ 100), IF YOU HAD NO PAYMENT OBLIGATIONS TO THE COMPANY. IN SOME JURISDICTIONS, A DISCLAIMER OR LIMITATION OF LIABILITY IS NOT ALLOWED, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THE COMPANY OR ANY THIRD PARTIES MENTIONED IN THE APPLICATION ARE NOT LIABLE FOR ANY INJURY OR DEATH CAUSED BY YOUR USE, INCLUDING IMPROPER USE, OF THE APPLICATION.

16. Use of mobile devices

Please note that your carrier’s rates and fees, for example for text messages and data transmission, will still be charged if you use the Application on a mobile device.

17. Third-party services

The Application may provide you with access to links to third-party websites, applications or other products or services (“Third-Party Services”). The Company has no control over Third-Party Services and, accordingly, assumes no responsibility for them. You must take appropriate steps to determine whether a Third-Party Service can be trusted, including protecting your personal information and privacy when using any such Third-Party Services and complying with the applicable agreements.

18. Your Feedback

We welcome your feedback on the Application. Unless expressly stated otherwise, any messages you send to us or post in the Application are not considered confidential. You agree that we may publish such content if we deem it appropriate. You permit us to use such material free of charge, as well as to review, modify, adjust and make contextual or any other changes that we deem appropriate.

19. Enforcement of Rights

We are not obligated to control access to the Application or its use. However, we reserve the right to do so for the purposes of operating and maintaining the Application, ensuring compliance with this Agreement and complying with the requirements of applicable law. We may transmit information about illegal behavior to law enforcement agencies; and, in accordance with applicable legal process, we may cooperate with law enforcement agencies for the purposes of holding users who violate the law accountable. We reserve the right (but not the obligation) to remove or disable any content posted in the Application, or access to the Application, at any time and without prior notice and at our sole discretion, if we determine that your content or use of the Application is undesirable or violates this Agreement.

The Company bears no responsibility or liability to users of the Application or any other individuals or legal entities for the performance or non-performance of the aforementioned actions.

20. Changes to the Application

From time to time and without prior notice, we may modify, expand and improve the Application. We may also at any time discontinue part or all of the Application or selectively disable some of its functions. Use of the Application does not guarantee continued provision of use and access to it. Any changes or deletion of the Application or any specific functions will be carried out at our sole discretion and without any obligations or liability to you.

21. Compensation

You agree to indemnify the Company for property losses and to hold the Company, its officers, directors, employees, agents, licensors and suppliers harmless from any claims, actions or demands, liabilities and settlements, including, without limitation, reasonable legal and accounting costs, arising from your violations or suspected violations of this Agreement.

22. Miscellaneous provisions

Any disputes arising in connection with this Agreement are governed by the laws of the United Kingdom without regard to its conflict of law rules. THE SOLE AND EXCLUSIVE JURISDICTION FOR ANY CLAIMS OR PROCEEDINGS ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL BE IN THE APPROPRIATE COURT OF THE UNITED KINGDOM LOCATED IN CITY ROAD, LONDON, UNITED KINGDOM, AND THE PARTIES IRREVOCABLY WAIVE THEIR RESPECTIVE RIGHTS TO A JURY TRIAL.

Any claims arising from the use of the Application must be brought within one (1) year after the claim or cause of action arises.

If for any reason a court of competent jurisdiction finds any provision of this Agreement or part thereof invalid, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of this Agreement, and the remainder of this Agreement shall remain in force. A printed version of this Agreement is admissible for use in judicial or administrative proceedings.

No waiver by the Company of any of the terms set forth in this Agreement shall be deemed a further or continuing waiver of such terms or a waiver of any other terms, and any failure by the Company to assert a right or provision under this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is held by a court or other competent authority to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent so that the remaining provisions of this Agreement continue in full force.

Upon termination, all provisions of this Agreement which, by their nature, should survive termination shall remain valid after termination, including, without limitation, provisions regarding ownership and disclaimer of warranties and limitations of liability.

All claims between the parties relating to this Agreement will be considered on an individual basis, and the parties will not combine or seek the right of class action to consider any claims, unless the parties have previously agreed to this in writing.

We may at any time refuse to provide services, close Accounts, and change the requirements for the possibility of using the Application.

23. Notification and Takedown Procedures

If you believe that any materials available in or from the Application infringe your copyright, you may request removal of these materials (or access to them) from this Application by contacting the Company and providing the following information.

A. Identification of the copyrighted work that you believe has been infringed. Describe the work and, if possible, provide a copy or the location (e.g., an Appendix page) of the authorized version of the work.

B. Identification of the material that infringes your rights and its location. Please describe the material and provide us with a link or any other relevant information that will allow us to locate the material.

C. Your name, address, telephone number and email address (if available).

D. A statement that you have a good faith belief that the use of the material in connection with which the complaint is made is not authorized by the copyright owner, its legal representative or the law.

E. A statement that the information provided by you is accurate, that you are warned of liability for providing knowingly false information, and that you are the copyright owner or are authorized to act on behalf of the copyright owner.

F. A signature or electronic equivalent from the copyright owner or authorized representative.

The company strives to protect the rights of copyright owners and adheres to a policy of terminating this Agreement, under appropriate circumstances, with subscribers and account holders of the App who are repeat infringers.

Questions and Comments

If you have any comments or questions about any of our services or parts of this Agreement, need support, or have any complaints, please contact us at realunivers573@gmail.com

Terms of Use

TERMS OF USE

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