1. Acceptance of these Terms
These Terms of Service (“Terms,” sometimes also called “Terms of Use” — we use the two names interchangeably to mean this same document) are a legally binding agreement between you and MB Digital Design (“MB Digital Design,” “we,” “us,” or “our”), a product studio based at U10 RGA Funda-Dalipe, San Jose, Antique, Philippines 5700. They govern your access to and use of our website (mbdigitaldesign.com), our apps — including AralBuddy (aralbuddy.com) — and related services (collectively, the “Services”).
By accessing or using the Services, you agree to these Terms, our Privacy Policy, our Cookie Policy, our Refund Policy, and our Disclaimer, all of which are incorporated into these Terms by reference. Consistent with the Electronic Commerce Act of 2000 (Republic Act No. 8792), your electronic acceptance — such as clicking “I agree,” creating an account, or continuing to use the Services — has the same legal effect as a written signature. If you do not agree, do not use the Services.
Individual apps may have supplemental terms. Where supplemental terms exist, they apply together with these Terms, and the more specific terms prevail in case of conflict.
2. The Services
MB Digital Design builds consumer software applications for the Philippine market. Our Services currently include our studio website and AralBuddy, an AI-powered study companion for students, which is live at aralbuddy.com. We may add, modify, suspend, or discontinue features or Services at any time. Where a change materially reduces a paid feature you have already paid for, we will provide a proportionate remedy consistent with Philippine consumer protection law and our Refund Policy.
3. Eligibility and use by minors
- You may use the Services only if you can form a binding contract under Philippine law, or with the consent and supervision of a parent or legal guardian.
- Users under 18 may use AralBuddy only with the verified consent of a parent or legal guardian, as described in our Privacy Policy. The parent or guardian accepts these Terms on the minor’s behalf and is responsible for the minor’s use of the Services, including any purchases made.
- You must provide accurate information when registering and keep it up to date.
4. Accounts and security
- You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account.
- Notify us immediately at hello@mbdigitaldesign.com or (036) 540 6566 if you suspect unauthorized use of your account.
- We may suspend or terminate accounts that violate these Terms (see Section 12).
5. Acceptable use
You agree not to:
- use the Services for any unlawful purpose or in violation of any Philippine law, including the Cybercrime Prevention Act of 2012 (RA 10175) and the Access Devices Regulation Act of 1998 (RA 8484);
- submit content that is defamatory, obscene, harassing, hateful, or harmful to minors;
- attempt to gain unauthorized access to the Services, other users’ accounts, or our systems;
- use a stolen, fraudulent, or unauthorized payment method, or otherwise engage in payment fraud, card testing, or chargeback abuse;
- reverse engineer, decompile, scrape, or copy the Services except as permitted by law;
- use the Services to cheat on graded examinations or otherwise violate the academic integrity rules of your school;
- misrepresent AI-generated output as professional advice; or
- interfere with or disrupt the integrity or performance of the Services.
6. AI-generated content disclaimer
- AralBuddy is a study aid. It is not a licensed teacher, tutor, or school, and it does not replace classroom instruction, official learning materials of the Department of Education, or professional educational assessment.
- You (and, for minors, your parent or guardian) are responsible for verifying important information generated by the Services before relying on it.
- AI output is not medical, legal, financial, or other professional advice, and no professional-client relationship is created by using the Services.
- We work continuously to improve accuracy and safety, but we do not warrant that AI output will be error-free.
7. Intellectual property
- Our property. The Services — including software, design, text, graphics, logos, and the MB Digital Design and AralBuddy names and marks — are owned by MB Digital Design or its licensors and are protected under the Intellectual Property Code of the Philippines (RA 8293) and other laws. We grant you a limited, non-exclusive, non-transferable, revocable license to use the Services for personal, non-commercial purposes in accordance with these Terms.
- Your content. You retain ownership of content you submit. You grant us a limited license to host, process, and display that content solely to operate and improve the Services, consistent with our Privacy Policy.
- Feedback. If you send us suggestions or feedback, you agree we may use them without restriction or compensation.
8. Fees, payments, and subscriptions
- MB Digital Design’s website (mbdigitaldesign.com) does not itself accept payment. Where a Service involves a paid subscription — currently, AralBuddy — the transaction is made and processed through that product’s own site (aralbuddy.com), which acts as the merchant of record for that purchase.
- Prices, billing cycles, and inclusions will be disclosed clearly before you pay, in accordance with the Consumer Act of the Philippines (RA 7394) and the Internet Transactions Act of 2023 (RA 11967) where applicable.
- Payments are processed by licensed third-party payment processors regulated by the Bangko Sentral ng Pilipinas. By making a payment, you also agree to the applicable payment processor’s own terms for the payment method you choose (for example, card networks or e-wallet providers). We are not responsible for outages, delays, or errors caused solely by a payment processor or your bank.
- Purchases made through app stores (such as Google Play or the Apple App Store) are also subject to the store’s own payment and refund terms.
- Refunds, where applicable, are handled under our separate Refund Policy, which forms part of these Terms and mirrors the refund terms published on aralbuddy.com.
- We may change prices prospectively with prior notice; changes will not affect a subscription period you have already paid for.
9. Disclaimers of warranties
To the maximum extent permitted by Philippine law, the Services are provided “as is” and “as available,” without warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Services will be uninterrupted, secure, or error-free, or that defects will be corrected.
Nothing in these Terms excludes, restricts, or modifies any right or remedy you have under the Consumer Act of the Philippines (RA 7394), the Civil Code, or other mandatory Philippine law that cannot be waived by agreement. Where such laws imply warranties or conditions that cannot be excluded, our liability for their breach is limited, where the law allows, to re-supplying the affected Service or providing the remedy set out in our Refund Policy.
10. Limitation of liability
To the maximum extent permitted by Philippine law:
- MB Digital Design shall not be liable for indirect, incidental, special, consequential, or exemplary damages, or for loss of profits, data, goodwill, or educational outcomes (including grades or examination results), arising out of or relating to your use of the Services;
- our total aggregate liability for all claims arising out of or relating to the Services shall not exceed the greater of (a) the total amount you paid us for the Services in the twelve (12) months preceding the claim, or (b) two thousand Philippine pesos (₱2,000); and
- we are not liable for failures or delays caused by events beyond our reasonable control (fortuitous events under Article 1174 of the Civil Code), including natural calamities, power or telecommunications outages, payment network outages, and acts of government.
These limitations do not apply to liability arising from our fraud, gross negligence, or willful misconduct, or to any liability that cannot be limited under Philippine law.
11. Indemnification
You agree to indemnify and hold harmless MB Digital Design and its officers, employees, and agents from claims, damages, and reasonable attorneys’ fees arising out of (a) your violation of these Terms, (b) your violation of any law or the rights of a third party, (c) content you submit to the Services, or (d) fraudulent or unauthorized use of a payment method through your account — except to the extent the claim results from our own fault.
12. Termination
- You may stop using the Services and delete your account at any time.
- We may suspend or terminate your access, with notice where practicable, if you materially breach these Terms, if required by law, if we detect suspected payment fraud, or if we discontinue a Service. If we discontinue a paid Service, we will provide a pro-rated refund of prepaid, unused fees under our Refund Policy.
- Sections that by their nature should survive termination (including Sections 6, 7, 9, 10, 11, and 13) survive.
13. Governing law and dispute resolution
- These Terms are governed by and construed in accordance with the laws of the Republic of the Philippines, without regard to conflict-of-law rules.
- Before filing any formal action, the parties agree to attempt in good faith to resolve any dispute amicably by contacting us at hello@mbdigitaldesign.com or (036) 540 6566, for a period of at least thirty (30) days.
- Subject to any non-waivable venue rights you may have as a consumer under Philippine law (including remedies before the Department of Trade and Industry), any action arising out of these Terms shall be brought exclusively in the proper courts of Antique, Philippines, to the exclusion of all other venues.
14. General provisions
- Changes to these Terms. We may update these Terms from time to time. For material changes, we will provide reasonable prior notice through the Services or by email. Continued use after the effective date constitutes acceptance; if you do not agree, stop using the Services before the changes take effect.
- Severability. If any provision is held invalid or unenforceable, the remaining provisions remain in full force, and the invalid provision shall be reformed to the minimum extent necessary to make it enforceable.
- No waiver. Our failure to enforce a provision is not a waiver of it.
- Assignment. You may not assign these Terms without our consent. We may assign them in connection with a merger, acquisition, or sale of assets, with notice to you.
- Entire agreement. These Terms, the Privacy Policy, the Cookie Policy, the Refund Policy, the Disclaimer, and any supplemental app terms are the entire agreement between you and us regarding the Services.
- Language. These Terms are drafted in English. Summaries in Filipino may be provided for convenience; the English version prevails in case of conflict.
15. Contact
- MB Digital Design, U10 RGA Funda-Dalipe, San Jose, Antique, Philippines 5700
- Email: hello@mbdigitaldesign.com
- Phone: (036) 540 6566
- Data protection matters: dpo@mbdigitaldesign.com (see our Privacy Policy)