TERMS OF SERVICE
0. How to read this
This is a contract between you and us. We have tried to write it so that a person can actually read it, because a contract nobody reads is a contract nobody agreed to.
Two things before you start:
- The short version is not the contract. Where we summarise, the full clause governs.
- Two annexes may apply to you. If you live in the United States, Annex A changes how disputes are resolved (by individual arbitration, which you may opt out of within 30 days), and you should read it. If you are a consumer in the UK, the EEA or Switzerland, Annex B applies and gives you rights that override anything in the main body that conflicts with them.
1. Who we are
KGB Babushka (the Service) is operated by Pungent Ltd, a company incorporated in England and Wales (company number 17117616), registered office 167-169 Great Portland Street, London, W1W 5PF, United Kingdom ("we", "us", "our").
Contact: info@kgbbabushka.com · +44 7470 393882
2. Who may use the Service
2.1 The village is for ages 13 and over. The village (the lessons, games, map and Notebook) is for people aged 13 and over. If the date of birth you give, or Apple's age range, shows you are under 13, the lessons stay open to you and nothing else is offered, as our Privacy Policy (§13) explains. If you are under 18, please read these terms with a parent or guardian; if you are under 13, a parent or guardian must accept them for you.
2.2 The AI helpers are for adults. Babushka's chat, the Theatre's voice rooms and the Council are for people aged 18 and over. Under 18, their doors stay closed and the rest of the village stays open. We decide this from the age you give us, and from Apple's age range where Apple provides it.
2.3 How we check. When you arrive, the app asks your date of birth (day, month and year); an AI helper's door asks for the year if the app doesn't have it yet. We do not ask for identity documents and we do not use biometric age estimation. Please give your real age: the age rules exist to protect younger people, and the AI companies we use set age limits of their own.
2.4 If we learn your age is lower. If we learn you are under 13, your account keeps to the under-13 rules in §2.1, and a parent or guardian can ask us to delete it. If we learn you are under 18, we close the AI helpers for you.
2.5 Where the Service may be used. The Service is not for use in mainland China, Crimea, the so-called Donetsk and Luhansk People's Republics, the occupied parts of the Zaporizhzhia and Kherson regions, Iran, Cuba, North Korea or Syria (the excluded territories). You must not use the Service if you are located in, or ordinarily resident in, an excluded territory, and you must not use it in breach of any sanctions or export-control law that applies to you. Some parts are closed in some countries: every AI helper in Thailand, Morocco, Armenia, Nigeria, Kenya, Saudi Arabia, Argentina and Uruguay; Babushka's chat and the Council in China, Iran, Cuba, North Korea and Syria; and the Council and the Theatre's scenes wherever OpenAI does not offer its service, which today includes Russia, Belarus, Hong Kong, Macao and Venezuela. The Privacy Policy (§4) has the full list. Where a helper is closed, the app says so or does not offer it.
3. What the Service is — and what it is not
3.1 What it is. KGB Babushka is an educational game. It teaches psychology, persuasion, economics, history and philosophy through a fictional village, its lessons and its characters. Three parts of it use AI from other companies: Babushka, an AI companion you can talk to in your own words; the Council, where AI versions of historical figures answer a problem you bring; and the Theatre's voice rooms, where an AI plays the other person in a scene. The Theatre's voice rooms are closed in version 1.0.
3.2 Babushka is an AI. She is software. She is not a person, she has never been a person, and she will tell you so if you ask. The app says so permanently on screen while you are talking to her, at the start of each day's conversation, and again every three hours of it.
3.3 She can be wrong. Everything she says is generated by a language model. She can state things that are false, out of date, incomplete or simply invented, and she can do so confidently. Do not rely on anything she says for any decision that matters. Check it. She does not search the web in this version, so she may not know recent events. The same applies to the Council, the Theatre, lesson content and anything else the Service produces.
3.4 She is not care, and this is not a substitute for a human. The Service is not therapy, counselling, psychotherapy or mental-health treatment, and Babushka is not a therapist, psychologist, doctor, lawyer, financial adviser or any other kind of licensed professional. She does not diagnose, treat or advise on any medical, psychological, legal or financial matter. If you need help, please go to a person. The Service is not a substitute for professional care, for emergency services, or for the people in your life.
3.5 If you are in danger. The Service is not an emergency service and cannot contact one for you. If you are in immediate danger, call your local emergency number. If you are struggling, findahelpline.com lists free, confidential helplines for nearly every country. Our crisis protocol (what the app looks for and how it responds) is published at kgbbabushka.com/crisis/.
3.6 It is a game, and she is written. The village, its history and its characters are fiction. Babushka has a designed personality. That personality is not a claim about the world, and she will not pretend to be human, licensed or real, including if you ask her to play along.
3.7 The Council's figures are AI simulations. The historical figures on the Council are written by an AI from public sources, and every answer is labelled "AI simulation, not endorsed". They are not the real people. Neither the people nor their estates are connected with us, and none of them has endorsed the Service. What a figure says is not what that person said or would have said. If a figure's estate or family asks us to remove that figure, we remove it on the day we receive the request.
3.8 The Theatre plays a part. In the Theatre's voice rooms (closed in version 1.0) an AI plays a character in a scene you chose. The room's card tells you so before you first go in, and the character stays in character for the whole scene. The notes on your take are an AI's opinion, not a professional assessment.
4. Accepting these terms
4.1 You accept by pressing "Agree and continue". These terms take effect when you tap AGREE AND CONTINUE on the screen that links to them and to our Privacy Policy. The words directly above the button say what the tap means: "By tapping Agree and continue, you accept the Terms of Service and confirm you have read the Privacy Policy." Using the app without doing that is not acceptance, and we do not treat it as acceptance.
4.2 We keep a record. We record which version of these terms you accepted, when, and on which app build. That record exists so that neither of us has to rely on memory.
4.3 Versions. Every version of these terms is numbered and dated, and the current one is always available in the app (Settings → Privacy & account → Terms of Service) and at kgbbabushka.com/terms/. Earlier versions stay published: the April 2026 version is at kgbbabushka.com/terms/2026-04/.
5. Your account
5.1 Your account is anonymous. The app makes an account for you when you first open it. There is no email, password or login. Settings shows a short account code; quote it when you write to us, so that we act on the right account.
5.2 Your account lives on your phone. If you delete the app without deleting your account, we cannot give the account back to you, because we do not know who you are. Please delete your account in the app first.
5.3 One account per person. Accounts are personal and non-transferable.
5.4 Deleting your account. You can delete your account from within the app at any time (Settings → Privacy & account → Delete account). Deletion removes your conversations, Babushka's memories of you, your guest book, your progress and your other personal data on our systems, subject to the narrow exceptions described in the Privacy Policy: backups, which expire after 7 days; the record of a report we made to the US child-safety clearinghouse, kept for a year; a minimal proof of the permissions you gave and the terms you accepted, kept for three years with no way back to you; and records we are required to keep by law.
6. Price, purchases and refunds
6.1 Version 1.0 is free. Nothing in version 1.0 of the app is for sale, and we take no payment from you. Babushka's free conversation has a daily limit on messages; she tells you when the day's are spent.
6.2 If we add purchases later. If a later version sells anything, it will be sold through Apple's In-App Purchase, with Apple as the merchant of record: Apple takes the payment and handles renewal, cancellation, refunds and tax, under Apple's terms. We will update these terms before the first sale, and the update is a material change under §17. Nothing you have for free in version 1.0 will be taken away from you to be sold back to you without that notice.
6.3 Refunds. Refund requests for App Store purchases go to Apple, through reportaproblem.apple.com. If Apple declines and you think that is wrong, write to us anyway: we will look at it.
6.4 If we ever sell directly. If we later sell subscriptions through our own website, those sales will be governed by additional checkout terms which will be presented to you before payment, and Annex B §B6 will apply to them.
7. What you may not do
Do not use the Service to:
- (a) break the law, or help anyone else break it;
- (b) harm, harass, defraud, impersonate or endanger anyone, including yourself;
- (c) get instructions for violence, weapons, self-harm, or the manufacture of controlled substances;
- (d) produce sexual content involving minors, or sexual content about a real, identifiable person without their consent — in any form, in any context, at any time;
- (e) try to make Babushka claim she is human, licensed, or a real professional, or to defeat the safety systems described in these terms and in our Privacy Policy;
- (f) scrape, mine, reverse-engineer, decompile or copy the Service, or extract its content in bulk, whether by hand or by any automated means;
- (g) use the Service or its output to train, fine-tune or evaluate any machine- learning model, or to build a competing product;
- (h) resell, sublicense or commercially exploit access to the Service;
- (i) interfere with the Service's operation, security or availability, or with other people's use of it, including by creating accounts in bulk;
- (j) use the Service on behalf of an organisation, or through an automated agent, without our written agreement;
- (k) present anything a Council figure says as a real statement by that person.
We may also apply reasonable rate limits and anti-abuse measures.
The AI companies' own rules. Babushka (her chat, her photos and the guest book's suggested names) and the Theatre's notes run on xAI; the Council and the Theatre's live voice run on OpenAI. When you use them, you also agree to follow xAI's Acceptable Use Policy (x.ai/legal/acceptable-use-policy) and OpenAI's Usage Policies (openai.com/policies/usage-policies). If you break them, we may close that helper for you (§11.2). Those companies make you no promise about what their AI produces, and nothing in these terms gives you a claim against them.
8. Your data and Babushka's memory
How we handle your information is set out in the Privacy Policy (kgbbabushka.com/privacy/), which you confirm you have read when you accept these terms. In summary, and without limiting it:
- Each AI helper stays closed until you agree on its own card, which names the company that will read what you send: xAI for Babushka, OpenAI and xAI for the Theatre's voice rooms (OpenAI for the live voice, xAI for the notes), OpenAI for the Council. If we ever move a helper to a different company, the app asks you again before anything goes to the new one.
- Ordinary memory is on once you agree to Babushka's card, and you can turn it off. Sensitive memory (the things you would not want written down) is only ever kept if you say yes to a specific request, in the conversation, at the moment it arises. Saying no changes nothing else.
- You can read everything she holds about you, see where each item came from, correct it, delete any single item, export the lot, or ask her to forget everything.
- Your Notebook is encrypted on your phone. Babushka reads none of it until you say "Let her"; then a readable copy of the notes you have not marked Private is kept for her, as the Privacy Policy explains.
- We never sell your data, never share it for anything of value, and never use it for advertising. We do not use your conversations to train AI; if we ever want to, we will ask you separately, and a no changes nothing.
9. Content and intellectual property
9.1 Ours. The Service — its software, artwork, characters, lessons, text, music, the village and Babushka herself — belongs to us or our licensors and is protected by copyright and other rights. We grant you a personal, limited, revocable, non-exclusive, non-transferable licence to use the Service for your own non-commercial enjoyment and learning, subject to these terms. Nothing else is granted.
9.2 Yours. What you write stays yours. You give us only the licence we need to run the Service for you: to store, process, transmit and display your content, and to send it to the processors named in the Privacy Policy so that the AI helpers can reply. That licence ends when you delete the content or your account, except where a copy is retained as the Privacy Policy describes.
9.3 AI replies. As between you and us, we do not claim ownership of the text Babushka, the Council or the Theatre writes to you, and you may use it for your own personal purposes. Note two things honestly: generated text may resemble text generated for someone else, and we make no promise that any generated output is free of third-party rights. Sections 3.3 and 3.7 apply.
9.4 Feedback. If you send us suggestions, we may use them freely and without owing you anything. We will not treat unsolicited suggestions as confidential.
9.5 Copyright complaints. If you believe material in the Service infringes your copyright, write to our designated agent, Copyright Agent, Pungent Ltd, 167-169 Great Portland Street, London, W1W 5PF, United Kingdom · info@kgbbabushka.com · +44 7470 393882, with the information required by 17 U.S.C. §512(c)(3). We respond to valid notices and we terminate repeat infringers.
10. Changes to the Service
We are still building this. We add, change and remove features, lessons and characters. If we ever sell you something, we will not remove a paid feature you are currently paying for without giving you notice and, where the change is materially to your disadvantage, the ability to cancel and receive a proportionate refund of any prepaid unused period. We may suspend the Service temporarily for maintenance, or switch off one part of it (for example an AI helper) to keep people safe, and we may discontinue it entirely on 30 days' notice, refunding any prepaid unused period.
11. Suspension and termination
11.1 By you. Stop using it, or delete your account, at any time.
11.2 By us. We may suspend or terminate your access if you materially breach these terms, if we are required to by law or by a platform, or if your use presents a genuine risk to another person or to the Service. Except where the breach is serious or where notice would be unlawful or would defeat the purpose, we will tell you first and give you a reasonable chance to put it right.
11.3 What survives. Sections 9, 12, 13, 16, 18 and both Annexes survive termination.
12. Disclaimers
12.1 The Service is provided as is and as available. To the extent permitted by law, and without affecting your statutory rights (see Annex B if you are a UK, EEA or Swiss consumer), we do not give any implied warranty of merchantability, fitness for a particular purpose or non-infringement.
12.2 We do not promise the Service will be uninterrupted, error-free, or that any output will be accurate, complete, current or suitable for any purpose.
12.3 We do not promise that our safety systems will detect every situation in which a person is at risk, or that they will never fire when nothing is wrong. They are best efforts, engineered and tested seriously, described honestly in our crisis protocol, and they are not a clinical instrument.
12.4 What these disclaimers do not do. Nothing in this section, and nothing in the in-app notice telling you that Babushka is an AI, limits any liability that the law does not permit us to limit. In particular, we do not rely on the AI disclosure notice as a disclaimer of liability.
13. Liability
13.1 What we never exclude. Nothing in these terms excludes or limits our liability for:
- (a) death or personal injury caused by our negligence;
- (b) fraud or fraudulent misrepresentation;
- (c) any liability that the law of your country does not allow us to exclude or limit — including, for UK consumers, liability under sections 9 to 11 and 34 to 36 of the Consumer Rights Act 2015.
13.2 What we do not accept. Subject to §13.1, we are not liable for loss of profit, loss of business or revenue, loss of goodwill, loss of anticipated savings, loss of data (where you could reasonably have kept your own copy), or for any indirect or consequential loss.
13.3 Cap. Subject to §13.1, our total liability to you for all claims arising out of or in connection with the Service in any twelve-month period is limited to the greater of £100 and the total amount you paid us (or paid Apple for the Service) in the twelve months before the event giving rise to the claim.
13.4 Consumers. If you are a consumer, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or failing to use reasonable care and skill. We are not responsible for loss or damage that is not foreseeable. This paragraph does not reduce the rights Annex B gives you.
13.5 Business users. If you use the Service for a business purpose in breach of §7(j), you do so at your own risk and §§13.2 and 13.3 apply in full.
14. Indemnity (business users only)
If you use the Service in the course of a business, you will indemnify us against claims, losses and reasonable legal costs arising from your breach of these terms or your unlawful use of the Service. This section does not apply to consumers.
15. Complaints and how to reach us
Write to info@kgbbabushka.com. We aim to reply within 3 working days and to settle the matter within 14 days. If something Babushka said hurt you, say so: that message reaches a person, it is logged, and it is acted on. You can also report any of Babushka's replies, or a Council answer, from inside the app by pressing and holding it; for Babushka you choose how much of the conversation is shared.
16. Governing law and jurisdiction
16.1 These terms, and any dispute arising out of them or the Service, are governed by the law of England and Wales, and the courts of England and Wales have exclusive jurisdiction.
16.2 §16.1 is subject to Annex A, which sends disputes with users in the United States to individual arbitration, to Annex B, which preserves the home courts and mandatory law of UK, EEA and Swiss consumers, and to any other right the law where you live gives you that cannot be taken away by a contract.
17. Changes to these terms
17.1 Minor changes (typographical corrections, clarifications, new contact details) take effect when published.
17.2 Material changes — anything that reduces your rights, expands our rights, introduces payment, or changes how disputes are resolved — take effect only after we give you at least 30 days' notice in the app, and only when you accept the new version with a fresh "Agree and continue". Until you accept, the version you last accepted continues to govern.
17.3 If you do not accept a material change, you may stop using the Service and delete your account; if you had paid for anything, we will refund any prepaid unused period.
17.4 Arbitration changes. If we change Annex A, you may reject the change (§A11) and keep the version of Annex A you accepted.
18. General
18.1 Whole agreement, and Apple's licence. These terms, together with the Privacy Policy they point to and any purchase terms, are the whole agreement between us about the Service. If you got the app from Apple's App Store, Apple's standard licence for apps (its Licensed Application End User License Agreement) also applies to your use of the app. If it conflicts with these terms, these terms govern, including §16 and both Annexes. Apple's own rights under that licence are not affected.
18.2 Severability. If a court finds any part unenforceable, the rest continues to apply. (Annex A has its own rule for this, in §A10.)
18.3 No waiver. If we do not enforce something straight away, we do not lose the right to enforce it later.
18.4 Assignment. You may not transfer your rights under these terms. We may transfer ours to a group company or to a buyer of the business, provided your rights are not reduced; if that happens we will tell you.
18.5 Apple. These terms are between you and Pungent Ltd, not Apple. Apple is not responsible for the app, its content, or its maintenance and support. Any claim about the app (including product liability, failure to meet a legal or regulatory requirement, consumer protection, or a claim that the app infringes someone's intellectual property) is ours to handle, not Apple's. If the app fails to meet a warranty that applies to it, you may tell Apple, and Apple will refund any price you paid for it; Apple has no other warranty obligation for the app. You confirm that you are not in a country under a US government embargo or designated by it as "terrorist supporting", and that you are not on a US government list of prohibited or restricted parties. You must follow the terms of any third party, such as your mobile carrier, when you use the app. Apple and its subsidiaries are third-party beneficiaries of these terms as they apply to the app, and may enforce them against you. Otherwise nobody other than you and us has rights under these terms (the Contracts (Rights of Third Parties) Act 1999 is excluded).
18.6 Force majeure. Neither of us is liable for failure caused by something genuinely outside our reasonable control.
18.7 Language. These terms are written in English. Any translation is provided for convenience; the English version governs, except where the law of your country requires otherwise.
Annex A — Disputes, for users in the United States
THIS ANNEX APPLIES ONLY IF YOU LIVE IN THE UNITED STATES. It does not apply to consumers in the United Kingdom, the EEA or Switzerland: Annex B applies to them, and nothing in this Annex changes it.
PLEASE READ THIS ANNEX. IT SAYS THAT MOST DISPUTES BETWEEN YOU AND US WILL BE DECIDED BY AN ARBITRATOR, ONE PERSON'S CLAIM AT A TIME, INSTEAD OF BY A JUDGE OR A JURY, AND THAT YOU GIVE UP THE RIGHT TO TAKE PART IN A CLASS ACTION. SMALL-CLAIMS COURT STAYS OPEN TO YOU. YOU MAY OPT OUT WITHIN 30 DAYS (§A3); OPTING OUT COSTS NOTHING AND CHANGES NOTHING ELSE ABOUT YOUR ACCOUNT.
In short (a summary; the clauses below govern):
- Talk to us first. Send a Notice you have signed yourself, with your account code; we then have 60 days to settle it together (§A1).
- Small claims. Either of us may take an individual claim to small-claims court (§A4).
- Otherwise, JAMS. An arbitrator from JAMS decides, one person's claim at a time: on documents, by video or near where you live (§A2).
- Fees. We pay the arbitration fees, and we refund your US$250 JAMS filing fee unless the arbitrator finds your claim frivolous (§A2).
- Many claims at once. From 25 similar claims, JAMS groups them into batches that all run at the same time; nobody is bound by another batch's result (§A7).
- Opt out within 30 days, by email or post (§A3).
A1. Talk to us first (60 days)
Before either of us starts an arbitration or a court case, the one with the complaint sends the other a Notice of Dispute. Yours goes to info@kgbbabushka.com, with "Notice of Dispute" in the subject, or by post to Pungent Ltd, 167-169 Great Portland Street, London, W1W 5PF, United Kingdom. Ours reaches you through the app. A Notice is individual: one person, one dispute. Yours must be signed by you personally (a signature by a lawyer alone is not enough) and must give your name, the account code shown at the bottom of Settings for the account you actually used, what happened, and what you want.
Neither of us may start an arbitration until 60 days after the Notice arrives. During those days we both try, informally and in good faith, to settle it; either of us may ask for a call or a video meeting, which you attend yourself (your lawyer may join you). Limitation periods are paused while the 60 days run. A demand for arbitration must include a statement, signed by you (and by your lawyer, if you have one), that this step was completed. Either of us may ask the arbitrator, or a court, to enforce this section.
A2. Arbitration with JAMS
Except as §A4 and §A5 say, you and we agree that any dispute between us will be decided by final and binding individual arbitration, not in court and not by a jury. This covers disputes about the Service, these terms, your data and our advertising, and about whether this Annex applies or is valid, except that a court, not an arbitrator, decides whether §A6 can be enforced. The Federal Arbitration Act (9 U.S.C. §1 and following) governs this Annex, notwithstanding §16.1.
Who runs it. JAMS administers the arbitration under its Streamlined Arbitration Rules and Procedures (or its Comprehensive Arbitration Rules and Procedures, for the claims those rules cover), its Consumer Arbitration Minimum Standards, and, where §A7 applies, its Mass Arbitration Procedures and Guidelines, each as this Annex adapts it. The rules are published at jamsadr.com. If JAMS will not or cannot administer the arbitration, we will agree another administrator, and if we cannot agree, a court will appoint one under 9 U.S.C. §5.
Where and how. You choose: on documents alone; by telephone or video; or in person in the county where you live, or another place we agree. One arbitrator decides. The arbitrator may award any relief a court could award to you individually, including statutory damages and lawyers' fees where a statute provides them, and gives a reasoned decision in writing.
Deciding early. Either of us may bring a dispositive motion, asking the arbitrator to decide a claim, or part of one, without a hearing, and the arbitrator may dismiss a claim early on the written submissions alone.
Fees. In an individual arbitration, every JAMS fee and the arbitrator's fees are ours, as JAMS's Consumer Arbitration Minimum Standards require of a business, and we refund your JAMS filing fee (US$250) unless the arbitrator finds your claim frivolous. Each of us pays our own lawyers, unless a statute or the next paragraph says otherwise. Where §A7 applies, JAMS's mass arbitration fee schedule applies as written.
Frivolous or improper claims. If the arbitrator finds that a claim was frivolous or brought for an improper purpose, the person who brought it repays the fees and costs we paid or incurred for it, including a refunded filing fee and our reasonable lawyers' fees, as far as JAMS's rules and the law that applies allow.
A3. Your 30-day right to opt out
You may opt out of this whole Annex. Send an email to info@kgbbabushka.com with "Arbitration opt-out" in the subject, or a letter to Pungent Ltd, 167-169 Great Portland Street, London, W1W 5PF, United Kingdom, within 30 days of the day you first accepted terms containing this Annex. Give your name, the account code shown at the bottom of Settings, and say that you opt out of arbitration. Nothing else is needed: no form, no reason, no fee.
If you opt out:
- this Annex does not apply to you, now or in later versions, unless you later agree to one;
- nothing else changes: your account and your access stay exactly as they were;
- disputes between us go to court under §16.1, subject to any right you have to sue where you live.
A4. Small claims
Either of us may take an individual claim to a small-claims court that has jurisdiction over it, instead of arbitrating it, and either of us may move a claim that fits there out of arbitration and into that court, for as long as the claim stays in that court and stays individual.
A5. Claims that are never arbitrated
Nothing in this Annex stops either of us from asking for:
- (a) a temporary injunction from a court, to protect intellectual property or to stop unauthorised access, while an arbitration is pending;
- (b) public injunctive relief, which may be sought only in court, after the individual claims have been arbitrated; if a court holds that a claim for public injunctive relief must nevertheless be arbitrated, that claim alone is separated and paused until the arbitration of the other claims is over;
- (c) help from a government agency, including a complaint to a state attorney general or the Federal Trade Commission.
A6. No class actions
Arbitration is individual. You and we each give up the right to bring or take part in a class, collective or representative action, or to act as a private attorney general, except where the law does not allow that right to be given up. The arbitrator may not preside over any class or representative proceeding. A claim that this section cannot lawfully cover is decided in court, never in a class arbitration. The grouping of claims under §A7 and under JAMS's rules is not a class proceeding and does not breach this section.
A7. Many similar claims at once
If 25 or more demands for arbitration raising substantially the same issues are filed against us within 90 days by, or with the coordination or help of, the same lawyers or law firms, this section applies, together with JAMS's Mass Arbitration Procedures and Guidelines. It exists so that many claims can be decided fairly and quickly, never to make anyone wait.
- Batches. The JAMS Process Administrator groups the demands into batches of 50 (of 100 once more than 500 have been filed). Each batch has one arbitrator and one set of administrative fees.
- All at the same time. Every batch goes ahead at once, never one after another.
- Nobody is bound by someone else's result. A decision in one batch does not decide, bind or affect any claimant outside it. There are no test cases ("bellwethers") under this Annex.
- Nobody's clock runs out. Every claimant's limitation periods, and every deadline in these terms, are paused from the day their demand is filed until their claim is decided.
- Mediation, if either side wants it. Either side may ask for one non-binding mediation of all the claims, which we pay for. It stops nothing while it runs, and refusing to settle has no consequence.
- Going alone. A claimant may ask JAMS to hear their claim on its own, outside a batch; JAMS decides.
- If a court strikes part of this section, that part is cut out and the rest of this section and of this Annex stands.
A8. Confidential, but no gag
An arbitration is private, but nothing in this Annex stops you from telling anyone that you brought a claim, from talking about your own experience, or from speaking to a regulator, a lawyer or the press about what happened to you.
A9. Limitation periods
A claim may be brought within the period the law that applies to it allows. We do not shorten any limitation period.
A10. If part of this Annex is struck out
If §A6 is held unenforceable for a particular claim, that claim leaves arbitration entirely and is decided in court, while every other claim stays in arbitration. If any other part of this Annex is held unenforceable, that part is cut out and the rest of the Annex stands.
A11. Changes to this Annex
If we materially change this Annex, we tell you in the app at least 30 days beforehand. You may reject the change by email to info@kgbbabushka.com, with "Arbitration opt-out" in the subject, or by post to the address in §A3, within 30 days of the notice. If you do, the version of this Annex you last accepted keeps governing every dispute between us, including disputes that arise later. Rejecting a change is not a reason for us to close your account, and we will not treat it as one.
Annex B — Consumers in the United Kingdom, the EEA and Switzerland
THIS ANNEX APPLIES IF YOU ARE A CONSUMER — that is, using the Service outside your trade, business, craft or profession — and you are habitually resident in the United Kingdom, an EEA member state, or Switzerland. Where it conflicts with the main body, this Annex wins.
B1. Your mandatory rights are untouched
Nothing in these terms affects any right you have under the consumer-protection law of the country where you live that cannot be varied by agreement. If any clause in the main body would reduce such a right, it does not apply to you to that extent.
B2. Your home law and your home courts
You may bring proceedings against us in the courts of the country where you live, and the mandatory consumer-protection rules of that country apply to you regardless of §16.1. We will only bring proceedings against you in the courts of the country where you live.
B3. Quality — what you are entitled to
The Service must be as described, fit for its purpose, and of satisfactory quality; it must match any trial version or advertisement; and we must provide it with reasonable care and skill. Where those standards are not met you are entitled to the remedies the law gives you — in the UK, under the Consumer Rights Act 2015; in the EEA, under Directive (EU) 2019/770 on digital content and digital services as implemented where you live. We must also supply the updates needed to keep the Service conforming for as long as you would reasonably expect.
B4. Section 3 is a description, not a disclaimer
The honest statements in §3 — that Babushka is an AI, that she can be wrong, that this is not therapy or medical care, that the Council's figures are simulations — describe what the product is. They are not an attempt to exclude our responsibility for supplying a product that meets §B3.
B5. Your 14-day right to change your mind
B5.1 Version 1.0 sells nothing, so there is no purchase to cancel. The rest of this section applies only if a later version sells something.
B5.2 Where Apple is the seller, Apple operates the cancellation and refund process for your purchase. Use reportaproblem.apple.com. In the EEA and the UK, Apple's own terms provide a 14-day cancellation right for App Store purchases, subject to the exception in §B5.3.
B5.3 The digital-content exception. For digital content supplied immediately, the 14-day withdrawal right is lost once supply begins if you gave your express prior consent to immediate supply and acknowledged that you would thereby lose the right. Where that consent is taken, it is taken by a separate, unticked action, and confirmation of it is sent to you on a durable medium.
B5.4 If we ever sell directly, we will present a compliant model withdrawal form and an explicit "start now and I understand I lose my 14-day right" acknowledgement before payment, we will record both, and we will confirm them to you. We will not pre-tick that box.
B5.5 A refund we owe you is paid using the same means of payment you used, within 14 days.
B6. Subscription conduct
If we ever sell a subscription, we will not use pre-ticked boxes, hidden renewals, or a cancellation process harder than the sign-up process. Renewal notices, reminders and cancellation for App Store subscriptions are handled by Apple. Any future direct checkout will meet the UK subscription-contracts regime and equivalent EEA rules in force at the time before it takes a single payment.
B7. Complaints and alternative dispute resolution
Please complain to us first at info@kgbbabushka.com; §15 sets out our response times.
The European Commission's Online Dispute Resolution platform closed permanently on 20 July 2025 and no longer exists. If we cannot resolve your complaint:
- EEA consumers may contact the national consumer ADR body or the consumer authority in their country, and may get free help from the European Consumer Centre for their country (eccnet.eu).
- UK consumers may contact Citizens Advice or their local Trading Standards service.
- Swiss consumers may contact their cantonal consumer information office.
We are not currently signed up to a particular ADR scheme and are not obliged to use one.
B8. Legal notice (Germany and elsewhere)
The provider information required by §5 of the German Digitale-Dienste-Gesetz (DDG) and equivalent national rules is the block in §1 above. Pungent Ltd is represented by its director, Leonid Khasis, who is also responsible for content, at the address in §1.
B9. AI transparency
We tell you when you are dealing with an AI system, as Article 50 of Regulation (EU) 2024/1689 (the EU AI Act) requires: each AI room's card says so before you first go in, and Babushka's chat says so on screen throughout. The Theatre's scene partner stays in character during a scene (§3.8). We do not infer your emotions from your voice, your typing rhythm or your camera, ever.