Terms of Service
Please read these terms and conditions carefully before using Our Service.
Interpretation and Definitions
Interpretation
The words with capitalized initial letters have meanings defined under the following conditions. These definitions maintain their significance, whether expressed in the singular or plural form.
Definitions
For the purposes of these Terms and Conditions:
Application means the software program provided by the Company downloaded by You on any electronic device.
Application Store means the digital distribution service operated and developed by Apple Inc.
Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Wildsmyth Interactive Limited.
Device means any device that can access the Service such as a cellphone or a digital tablet.
Free Trial refers to a limited time period during which a Subscription may be accessed at no cost.
In-app Purchase refers to the acquisition of a product, item, service, or Subscription made within the Application, subject to these Terms and Conditions as well as the terms and conditions of the relevant Application Store.
Service refers to the Application.
Subscriptions refer to the services or access to the Service provided by the Company on a subscription basis to You.
Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Acknowledgment
These constitute the Terms and Conditions that govern the utilization of this Service and establish the agreement between You and the Company. They delineate the rights and responsibilities of all users in connection with the Service.
Your access to and utilization of the Service hinges upon Your acknowledgment and adherence to these Terms and Conditions. These Terms and Conditions are applicable to all individuals, users, and others who access or employ the Service.
By accessing or making use of the Service, You manifest Your consent to abide by these Terms and Conditions. In the event that You dissent from any portion of these Terms and Conditions, Your access to the Service is prohibited.
You affirm that You are above the age of 18. The Company does not grant access to individuals below the age of 18.
Furthermore, Your access to and use of the Service is contingent upon Your concurrence with the Company's Privacy Policy. Our Privacy Policy outlines Our protocols and processes regarding the collection, utilization, and disclosure of Your personal information when You engage with the Application or the Website. It also elucidates Your privacy rights and the legal safeguards in place to protect You. We strongly encourage You to peruse Our Privacy Policy thoroughly before utilizing Our Service.
Subscriptions
Subscription Period
Certain parts of the Service are accessible exclusively through paid Subscriptions. You will be charged in advance on a recurring and periodic basis (e.g., daily, weekly, monthly, or annually) based on your chosen Subscription plan.
At the conclusion of each period, your Subscription will automatically renew under the same terms unless you decide to cancel it, or if the Company cancels it.
Subscription cancellations
You have the option to cancel the renewal of your Subscription either via your Account settings or by contacting the Company. Please note that no refunds will be issued for fees already paid for the current Subscription period, and you will retain access to the Service until the end of your current Subscription period.
If the Subscription was originally made through an In-app Purchase, you can cancel the Subscription renewal through the Application Store.
Billing
In the event that automatic billing fails for any reason, the Company will provide an electronic invoice instructing you to make the payment manually within a specified deadline, which corresponds to the billing period indicated on the invoice.
For Subscriptions made through In-app Purchases, all billing processes are managed by the Application Store and are subject to the Application Store's terms and conditions.
Fee Changes
The Company reserves the right, at its sole discretion and at any time, to adjust Subscription fees. Any changes in Subscription fees will become effective at the conclusion of the current Subscription period.
The Company will offer you reasonable prior notice of any fee changes, allowing you the opportunity to terminate your Subscription before the modified fee takes effect. Your continued use of the Service after the fee change becomes effective constitutes your agreement to pay the adjusted Subscription fee.
Refunds
With the exception of situations required by law, paid Subscription fees are non-refundable.
Requests for refunds on Subscriptions may be considered on a case-by-case basis and will be granted at the Company's discretion.
If your Subscription was initially made through an In-app purchase, the Application Store's refund policy will apply, and you can request a refund by contacting the Application Store directly.
Free Trial
The Company may, at its discretion, offer a Subscription with a Free Trial for a limited duration. You may be asked to provide billing information to sign up for the Free Trial.
If you provide your billing information during Free Trial sign-up, you will not be charged by the Company until the Free Trial period concludes. On the last day of the Free Trial, unless you cancel your Subscription, you will be automatically charged the relevant Subscription fees for the selected Subscription type.
The Company reserves the right, without prior notice, to (i) modify the terms and conditions of the Free Trial offer or (ii) cancel the Free Trial offer.
In-app Purchases
The Application may include In-app Purchases that enable you to purchase products, services, or Subscriptions.
Details on how to manage In-app Purchases through your Device can typically be found in the Application Store's terms and conditions or in your Device's Help settings.
In-app Purchases can only be utilized within the Application. Once initiated, an In-app Purchase cannot be canceled. These purchases are non-redeemable for cash or any other form of compensation, nor can they be transferred.
If an In-app Purchase does not successfully download or function after download, we will investigate the issue upon being made aware of it or upon notification from you. We will reasonably decide whether to provide a replacement In-app Purchase or issue a patch to fix the issue. You will not be charged for the replacement or repair of the In-app Purchase. In the unlikely event that we cannot replace or repair the In-app Purchase within a reasonable timeframe and without causing significant inconvenience, we will authorize the Application Store to refund you up to the cost of the In-app Purchase. Alternatively, you can request a refund by directly contacting the Application Store.
You acknowledge and agree that all billing and transaction processes are managed by the Application Store from which you downloaded the Application, and are subject to the Application Store's terms and conditions.
For payment-related concerns related to In-app Purchases, please contact the Application Store directly.
Intellectual Property
The Service, along with its original content (excluding any Content provided by You or other users), features, and functionalities, unequivocally constitute the sole property of the Company and its licensors.
The Service enjoys the protection of copyright, trademark, and various other laws in both domestic and international jurisdictions.
The utilization of our trademarks and trade dress in association with any product or service necessitates the prior written authorization of the Company.
Links to Other Websites
Our Service may include links to websites or services provided by third parties, which are neither owned nor under the control of the Company.
The Company exercises no authority over, and disclaims any responsibility for, the content, privacy policies, or operational practices of any third-party websites or services. You also explicitly recognize and concur that the Company is absolved from any responsibility or liability, whether direct or indirect, for any harm or loss purportedly resulting from or linked to the utilization of, or reliance on, any such content, products, or services accessible via such websites or services.
We strongly recommend that You review the terms and conditions as well as the privacy policies of any third-party websites or services You choose to access.
Termination
We reserve the right to promptly terminate or suspend Your access, without prior notice or legal liability, for any cause, which includes, but is not limited to, Your violation of these Terms and Conditions.
Should termination occur, Your privilege to employ the Service will be instantaneously revoked.
Limitation of Liability
To the fullest extent permissible under the applicable law, the Company and its suppliers shall not be held liable for any special, incidental, indirect, or consequential damages of any kind, including, but not limited to, damages for loss of profits, loss of data or other information, business interruption, personal injury, loss of privacy, whether arising from or in any way connected to the use of or the inability to use the Service, third-party software and/or third-party hardware used in conjunction with the Service, or otherwise related to any provision of these Terms. This holds true even if the Company or any supplier has been informed of the potential for such damages, and even if the remedy falls short of its essential purpose.
In certain jurisdictions where the law does not permit the exclusion of implied warranties or the limitation of liability for incidental or consequential damages, some of the above limitations may not be applicable. In such states, the liability of each party will be restricted to the maximum extent allowed by law.
"AS IS" and "AS AVAILABLE" Disclaimer
The Service is presented to You "AS IS" and "AS AVAILABLE," complete with all defects and imperfections, and without any form of warranty. To the maximum extent allowed by the relevant law, the Company, on its own behalf and on behalf of its Affiliates, as well as its and their respective licensors and service providers, explicitly disclaims all warranties, whether express, implied, statutory, or otherwise, in connection with the Service. This disclaimer encompasses all implied warranties of merchantability, fitness for a specific purpose, title, and non-infringement, as well as warranties that may emerge from the course of dealing, performance, usage, or trade practice.
Without limiting the foregoing, the Company does not offer any guarantee or promise and does not make any representation regarding the Service's ability to meet Your needs, achieve specific outcomes, function compatibly with other software, applications, systems, or services, operate without interruptions, meet performance or reliability standards, or be free from errors. The Company also does not assert that any errors or defects can or will be rectified.
In addition to the above, neither the Company nor any of its providers make any kind of representation or warranty, whether express or implied: (i) concerning the operation or availability of the Service, or the information, content, materials, or products provided therein; (ii) that the Service will operate without interruptions or errors; (iii) about the accuracy, reliability, or currentness of any information or content supplied via the Service; or (iv) that the Service, its servers, the content, or emails sent from or on behalf of the Company are devoid of viruses, scripts, trojan horses, worms, malware, time bombs, or other harmful elements.
Certain jurisdictions may not allow the exclusion of specific types of warranties or restrictions on the statutory rights of consumers, so some or all of the exclusions and limitations stated above may not be applicable to You. However, in such an instance, the exclusions and limitations outlined in this section will be enforced to the greatest extent permissible under applicable law.
Governing Law
The laws of the Country, without taking into account its conflict of law principles, will govern these Terms and Your utilization of the Service. Your use of the Application may additionally be subject to various local, state, national, or international laws.
Disputes Resolution
Should You have any concerns or disputes concerning the Service, You consent to initially attempt an informal resolution by getting in touch with the Company.
For European Union (EU) Users
If You are a consumer residing in the European Union, You will enjoy any obligatory legal provisions of the country in which You are a resident.
United States Federal Government End Use Provisions
If You are a U.S. federal government end user, our Service is a "Commercial Item" as that term is defined at 48 C.F.R. §2.101.
United States Legal Compliance
You affirm and guarantee that (i) Your location is not within a nation under the embargo of the United States government or designated by the United States government as a "terrorist supporting" country, and (ii) You are not included in any United States government register of prohibited or restricted parties.
Severability and Waiver
Severability
In the event that any provision of these Terms is deemed unenforceable or invalid, said provision will be modified and construed to achieve the intended objectives to the fullest extent allowed by applicable law, while the remaining provisions will remain in full force and effect.
Waiver
Unless otherwise stated herein, the failure to exercise a right or demand performance of an obligation under these Terms will not diminish a party's capacity to enforce such right or request such performance at any point in the future, nor will the pardon of a breach be construed as a pardon of any subsequent breach.
Translation Interpretation
In the event that we have provided translations of these Terms and Conditions on our Service, You concur that in case of a dispute, the original English text will take precedence.
Changes to These Terms and Conditions
We retain the discretion to amend or substitute these Terms at our exclusive judgment. In the event of a significant revision, we will make reasonable attempts to offer at least 30 days' notice before the new terms become effective. The determination of what qualifies as a substantial change will be made at our sole discretion.
By persisting in accessing or utilizing our Service once these revisions take effect, You signify Your agreement to abide by the altered terms. If You do not consent to the new terms, whether in full or in part, kindly discontinue the use of the website and the Service.
Contact Us
If you have any questions about these Terms and Conditions, You can contact us:
By email: feedback@wildsmythinteractive.com
By visiting this page on our website: www.wildsmythinteractive.com