BED TIME TERMS OF SERVICE
1. GENERAL INFORMATION
- Owner: HAPPY APPS, S.L. (from now on, the “HAPPY APPS”)
- Address: Calle Velázquez, 64 – 28001, Madrid
- Tax identification number: ESB88098165
- Contact: firstname.lastname@example.org
These Terms and Conditions (henceforth, the “Agreement”) constitute a legally binding agreement made between You, whether personally or on behalf of an entity (“You” or “Your”) and HAPPY APPS, S.L. hereinafter, (“HAPPY APPS ”, “We,” “Us” or “Our”), concerning Your access to and use of BedTime application, owned, published or distributed by “HAPPY APPS” (henceforth, the “App” or the “Service”).
BedTime is an App that allows you the access to a careful and varied selection of sounds and melodies presented with idyllic scenes that will transport you to places where peace and harmony reign. You can also connect BedTime with your Apple Health Account, in order to access very visual and complete sleep statistics that will help you plan your rest time and detect possible improvements in your sleep routines.
By installing or otherwise using BedTime, you: (a) agree to be bound by these terms and conditions (b) you represent and warrant that you own or control the mobile device in which the App will be installed, and (c) you represent and warrant that you have the right, authority and capacity to enter into these terms and to abide by all its terms and conditions, just as if you had signed it. The terms and conditions also apply to any BedTime updates, supplements, and services that are not provided under a separate license or other agreement with us. If you do not agree to the terms and conditions, do not install or use BedTime.
The App is intended for users who are of the minimum age specified by the relevant Applications Stores, where the App is available for downloading.
We reserve the right, in our sole discretion, to make changes or modifications to this Agreement at any time and for any reason. We will alert You about any changes by updating the “Last updated” date of the Agreement and You waive any right to receive specific notice of each such change. You will be subject to and will be deemed to have been made aware of and to have accepted, the changes in any revised Agreement by Your continued use of the Services after the date such revised Agreement are posted.
This Agreement is the final, complete and exclusive agreement between You and HAPPY APPS with respect to the subject matters hereof (including any Services) and supersedes and merges all prior discussions and agreements between the parties with respect to such subject matters.
3. AGE REQUIREMENT
The minimum age requirement to install and use BedTime is 7 years old.
You will be informed of the required age prior to the download of the App.
4. GRANT OF LICENSE
Subject to your compliance with these terms and conditions, HAPPY APPS grants you a limited, non-exclusive, revocable, non-sublicensable, non-transferable license, to access, download and install the most current generally available version of the Apps on a single, authorized mobile device that you own or control solely for your lawful, personal, and non-commercial entertainment use.
5. SECURITY MEASURES
HAPPY APPS will at all times process Your information in an absolutely confidential manner and will keep the secret thereof, in accordance with the provisions of the applicable regulations, adopting for this purpose the necessary technical-organizational measures that guarantee the security of Your data and prevent their alteration, loss, unauthorized processing or access, taking into account the state of the technology, the nature of the data stored and the risks to which they are exposed.
6. OTHER RIGHTS AND LIMITATIONS
You shall not:
rent, sell, lease, sublicense, distribute, assign, copy (other than a single copy for your own backup purposes), or in any way transfer or grant any rights to Bed Time or use the App for the benefit of any third party.
decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application.
make any modification, adaptation, improvement, enhancement, translation, or derivative work from the application.
violate any applicable laws, rules, or regulations in connection with Your access or use of the application.
remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by Us or the licensors of the application.
use the application for any revenue generating endeavour, commercial enterprise, or other purpose for which it is not designed or intended.
make the application available over a network or other environment permitting access or use by multiple devices or users at the same time.
use the application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the application.
use the application to send automated queries to any website or to send any unsolicited commercial e-mail.
use any proprietary information or any of Our interfaces or Our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the application.
7. APPS UPDATES
We reserve the right to add or remove features or functions to BedTime. We cannot guarantee the Service will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Service at any time or for any reason without notice to You. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by Your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in this Agreement will be construed to obligate Us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.
BedTime will allow you to obtain the benefit of the application on a subscription basis which can be either weekly or annually. Payment for such a subscription will be charged directly through your AppStore or Google Play Store account.
Before subscription, BedTime allows You to use the Service on a temporary Free Trial subscription. You could only benefit from the Free trial once. In case You do not cancel the Free trial before the expiry of the Free Trial you will be considered to have accepted the subscription on a yearly or weekly basis and therefore You will be charged accordingly.
You can cancel a subscription service at any time during the subscription period via the subscription settings in your App Store or Google Play Store account. The cancellation will take effect after the last day of the relevant subscription period.
Once the subscription has been cancelled, You only will have limited access to the contents stored in BedTime.
Payments for the Service shall be made in accordance with the price information available from time to time on the AppStore or GooglePlay Store. You shall pay the subscription’s fee in advance, which corresponds to the 24 hours before of the day that subscription expires (the “Renewal Day“).
You shall pay the fee through any of the payment methods offered by the mobile platform owner in which the App is available. Each deadline for payment of the fee, You agree to have sufficient funds available for payment of the Service through the selected payment method.
In the event that You are in a Free trial, no payment will be made for the Free trial period. The first payment will be made on the first day after the Free trial ends (provided that User has not terminated the Agreement prior to the end of the free Subscription) and thereafter each Renewal Day.
In the event that You do not have sufficient funds on the Renewal Day, Apple or Google will attempt to charge the fee to the credit or debit card or other payment method that You have registered. HAPPY APPS may suspend access to the Service if the fee has not been paid on the Renewal Day. Access to the Services will be resumed when payment is made, but no amount will be refunded to You for the time the Service has been suspended.
In the event of late payment, the App Store or the Google Play Store shall also be entitled to charge late payment interest on the amount due in accordance with applicable law, statutory reclamation fees and, where applicable, collection charges.
10. USE OF THE SERVICE
The use of BedTime by You will not require any registration. Therefore, You can enjoy BedTime directly without the necessity to go through an enrolment procedure.
11. RIGHT TO WITHRAWAL
By signing this Agreement, You agree to the immediate provision of the Service and the immediate availability of the content to You. You also accepts that you will not have the right to withdraw from the Service or the Agreement, in accordance with Article 103.(m) of the General Law for the Defence of Consumers and Users (Royal Legislative Decree 1/2007, of 16 November) once the provision of the Service has begun. If the provision of the Service has begun and You no longer wish to be bound by the Agreement, You must terminate the Agreement in accordance with this Agreement.
12. ELECTRONIC COMMUNICATIONS
13. UNINSTALL/REMOVAL OF THE APP
Uninstallation and removal methods may vary depending on your device. To uninstall and remove the HAPPY APPS, please use the application manager provided with Your device or consult Your device manual for reference.
For the avoidance of doubt, uninstallation of BedTime does not lead to the cancellation of the Subscription which will be active until You cancel it in accordance with the terms of this Agreement.
14. SUSPENSION AND TERMINATION
Your rights under this Agreement will terminate immediately and automatically without any notice from HAPPY APPS if You fail to comply with any of the terms and conditions of this Agreement. You understand that HAPPY APPS, in its sole discretion, may modify or discontinue or suspend Your right to access any of Our services or use of BedTime at any time.
Further, HAPPY APPS, with or without any reason, may at any time suspend or terminate any license hereunder and disable the App or any of its component features by giving You a five days’ notice. You agree that HAPPY APPS shall not be liable to You or any third-party for any termination or disabling of BedTime. Termination will not limit any of HAPPY APPS ’s other rights or remedies at law or in equity.
15. PRIVACY AND DATA PROTECTION
16. INTELLECTUAL PROPERTY
The BedTime and HAPPY APPS name and logo, and other Trust trademarks, including all design, text, images, photographs, illustrations, audio-clips, video-clips, artwork, graphic material, code, content, protocols, software, and documentation used in connection with the App are trademarks of HAPPY APPS (collectively “HAPPY APPS Trademarks”). Other trademarks, service marks, graphics and logos used in connection with the App are the trademarks of their respective owners (collectively “Third Party Trademarks”). The HAPPY APPS Trademarks and Third-Party Trademarks may not be copied, imitated or used, in whole or in part, without the prior written permission of HAPPY APPS or the applicable trademark holder. The App and the content featured in the App are protected by copyright, trademark, patent and other intellectual property and proprietary rights which are reserved to HAPPY APPS and its licensors.
The App, the Service, the information on the Application and use of all related facilities are provided on an “as is, as available” basis.
To the fullest extent permitted by applicable law, we disclaim all representations and warranties relating to the App and its contents, including in relation to any inaccuracies or omissions in the App, warranties of merchantability, quality, fitness for a particular purpose, accuracy, availability, non-infringement or implied warranties from course of dealing or usage of trade.
We make no warranty that BedTime will meet Your requirements, that they will be uninterrupted, timely, secure, or error-free, that the results obtained from the use of BedTime will be accurate or reliable, or that the quality of the App will meet Your expectations.
18. LIMITATION OF LIABILITY
Interruptions, cuts and other breakdowns in the Service shall be notified to HAPPY APPS as soon as possible so that You are entitled to any compensation. HAPPY APPS shall not be liable for breakdowns in the Service that are beyond the control of HAPPY APPS or due to the negligence of You or a third party.
HAPPY APPS shall only be responsible for interruptions, cuts and other breakdowns that are attributable to circumstances under the control of HAPPY APPS for which HAPPY APPS is responsible. With respect to such interruptions, cuts and other breakdowns, which result in the Service not being available for use for a continuous period of a minimum of 24 hours, the Users who so request shall be entitled to a deduction in the fee for the Service. The deductible amount will be calculated on the basis of the total of the twenty-four-hour periods during which the breakdown subsisted, beginning at the time the User notified HAPPY APPS of the breakdown until the time the breakdown has been rectified. The discount of the corresponding part will be made at the time of payment of subscription fee.
You agree to indemnify, defend and hold harmless HAPPY APPS, its parents, affiliate and subsidiary companies, officers, directors, employees, consultants and agents from any and all third-party claims, liability, damages and/or costs (including, but not limited to, attorneys’ fees) arising from Your use of the APP, Your violation of this Agreement or Your infringement, or infringement by any other user of Your account, of any intellectual property or other right of any person or entity. You agree to immediately notify HAPPY APPS of any unauthorized use of Your account or any other breach of security known to You.
20. APPLICABLE LAW AND JURISDICTION
HAPPY APPS does not represent or warrant that the App or any part thereof is appropriate or available for use in any particular jurisdiction. We may limit the availability of the App, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in Our sole discretion prior giving a reasonable notice.
No failure or delay by HAPPY APPS in exercising any right, power or privilege under this Agreement will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under this Agreement. If any provision of this Agreement shall be found unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.