TERMS OF SERVICE – APPS

1. GENERAL INFORMATION

• Owner: Happy Apps S.L. (from now on, the Happy Apps S.L. or “We”)
• Address: Calle Velázquez 64
• Registry number: B88098165
• Tax identification number: B88098165
• Contact: info@happy-apps-net

2. OBJECT

These Terms and Conditions (henceforth, the “Agreement” or the “Terms and Conditions”) constitute a legally binding agreement made between You, whether personally or on behalf of an entity (“You” or “Your”) and Happy Apps S.L. , concerning Your access to and use of CIZO application (henceforth, the “App” or the “Service”).

Happy Apps S.L. offers a subscription service which permits its users to access an App that allows you to create your own custom wallpapers, build and customize widgets for your iPhone and install predefined fonts. 

By installing or otherwise using CIZO, 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 Conditions. The Terms and Conditions also apply to any CIZO updates, supplements, and services that are not provided under a separate license or other agreement with us. If you do not agree with these Terms and Conditions, please do not install or use CIZO.

These Terms and Conditions may suffer changes or modifications in which case we will alert You and also will update the “Last updated” date of the Agreement. You will be deemed to have accepted the revised Agreement by Your continued use of the Services after the date such revised Agreement is posted and notified to You. In any case, the revised Agreement will not be applicable to You until the next subscription period.

3. AGE REQUIREMENT

The minimum age requirement to install and use CIZO is 7 years old. 

For younger children, the subscription to these services will need the authorisation by a legal tutor or parents.

4. GRANT OF LICENSE

Subject to your compliance with these Terms and Conditions, Happy Apps S.L. 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 S.L. 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 the App 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. INTERACTION WITH THE APP

Within the App, the User will be able to create his own wallpapers through the tools and contents provided by the App. Likewise, the User will be able to create his/her wallpapers through the content previously uploaded to the App. 

In case of uploading content by the User, this content can only be viewed by the User and will be automatically deleted after the session expires. In this regard,Happy Apps S.L. will not store in its systems any progress on the creation of a wallpaper or content that the User has uploaded to the App.  

If you choose to upload Content, you agree that you shall not upload Content that does not comply with this Agreement or the law (e.g., you may not upload Content that infringes the intellectual property rights of any third party), unless you have the permission of such third party or are otherwise entitled to do so under applicable law. 

You may remove your Content from the Application at any time. 

You also have the option to make a copy of your Content before removing it. 

In any event, as a User you agree that you must remove your Content if you no longer have the necessary rights under these terms.

8. APPS UPDATES

The features and functions of the App, as well as its content, may vary during the subscription, being you able to unsubscribe from the services at any time. The Service could be temporarily suspended to perform maintenance related to the Services, resulting in interruptions, delays, or errors. In any case, Happy Apps S.L. will take its best efforts to ensure that the Services are suspended for the minor period of time possible. 

9. SUBSCRIPTION AND PAYMENT OF THE SERVICES

• Subscription to the Service:

CIZO will allow you to obtain the benefit of the App through a subscription which may be on a weekly basis (the “Subscription”). The Subscription will continue until such time as it terminates.

• Trial Period: 

Right after making the Subscription, CIZO allows you to use the Service for a period of no longer than three days, in which time you may terminate the contract without penalty (i.e. without charging the fee). 

•  Commencement of Paid Subscription:

The Paid Subscription shall commence at the time the user has subscribed, this notwithstanding the Trial Period stated above.  

From that time, unless you cancel your subscription prior to the billing date as indicated under this heading, you authorize Happy Apps S.L. to charge your subscription fee for the next subscription period. 

• Subscription Periods:

Subscription may be weekly. In either case, CIZO will inform you of the subscription terms in effect at any given time before you subscribe to the service.  

• Cancellation

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 will only have limited access to the contents stored in CIZO. 

Your Subscription will also be terminated immediately and automatically without notice from Happy Apps S.L. in the event of any breach of this Agreement and, in particular, in the event of non-payment.

• Payments

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, 24 hours before the expiry date (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. You are also aware that payment method providers may require you to accept their own terms and conditions of service in order to be able to pay with such payment method.

In the event that the User is in a free trial period, no payment will be made for the free trial period. The first payment will be made on the first day after the end of the free trial (provided that the User has not terminated the Agreement prior to the end of the free Subscription) and thereafter on each Renewal Day. In order to terminate the Agreement, the user must make such termination through the store where the product itself was purchased. 

If the subscription is not paid on the Renewal Day, it will be understood that the User has not wished to renew his subscription and Happy Apps S.L. will suspend access to the paid Services.

10. USE OF THE SERVICE

The use of CIZO by You (the user) will not require any registration. Therefore, You can enjoy CIZO directly without the necessity to go through an enrolment procedure. 

The content included in the App may vary depending on the geographical location of the user and may change from time to time. You acknowledge that the contents of the App are updated on a regular basis.

You agree not to archive, reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or (except as expressly authorized in these Terms of Use) use content or information contained in or obtained through or on the Service.

11. RIGHT TO WITHDRAWAL

By signing this Agreement, You agree to the immediate provision of the Service and the immediate availability of the content to You. You also accept 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. UNINSTALL OF THE APP

Uninstallation of CIZO from your device 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.  

13. PRIVACY AND DATA PROTECTION

In compliance with current and applicable legislation on personal data protection, all the personal data provided by the User throughout the utilization of the Services shall be processed according to our Privacy Policy. Any user shall be able to exercise the corresponding rights in terms of personal data protection according to the Privacy Policy.

14. INTELLECTUAL PROPERTY 

The CIZO and Happy Apps S.L. 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 S.L.  (collectively “Happy Apps S.L. 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 S.L.  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 S.L. 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 S.L. and its licensors.

15. APPLICABLE LAW AND JURISDICTION

In the event that the parties are unable to reach an agreement in this regard, the dispute will be resolved by the competent court subject to Spanish law, unless the applicable law in the User’s country of origin is more beneficial to the User. As a consumer, the User has the right to submit the matter to a court in the place where he/she resides. The User may also choose to file a complaint in the first instance before the public body competent for consumer complaints.

Last updated: 28/05/2021