Last updated 23.09.2019
TERMS AND CONDITIONS FOR THE USE AND SALE OF DAPPS SP. Z O.O.
The Company DAPPS SP. Z O.O. (hereinafter „DAPPS”) wishes to offer Users access to and use of its Website, Subdomain, and Educational Applications and their Contents according to the conditions below.
The following words and expressions beginning with a capital letter, in the singular or the plural, are used in these General Conditions. They have the following meanings:
„DAPPS”: Refers to the Company whose legal information appears in the article 3.1
„Site”: The website www.wearedapps.co, which is published by DAPPS.
„Sub Domain”: The Subdomain https://wearedapps.co of the Site.
„Applications”: DAPPS smartphone and tablet applications which are accessible to Users on Android and Apple iOS Mobile Operating Systems and allow access to Content following these Terms and Conditions.
„Service”: The Content whose terms of access are described in the TOS and governed by the GCS with regard to paid Content.
„Contents”: Free or paid educational games that are accessible from an Application after download or from the Subdomain.
„Account”: means the individual account opened by a User with Apple, Google or Amazon, allowing them to access the services of a Store and use Secure Payment Solutions.
„Secure Payment Solution”: Set of payment tools made available on the Applications via the payment service of the Mobile Operating System on which the Terminal works (Apple iOS or Android). It allows the User to pay for the Contents in accordance with the terms and conditions of said platforms.
„Stores”: The App Store for iOS or Google Play and Amazon Appstore for Android. Application Stores where Users can download Apps and purchase Services by logging in to their Account.
„Mobile operating system”: Operating system for smartphones or tablets published by Apple Companies (Apple iOS) or Google (Android).
„Terminal” : Computer, smartphone or tablet on which the User installs and uses an Application.
„User”: Any natural person navigating the Site, the Subdomain or using an Application.
„Terms of Service” (hereinafter „TOS”): Establish the conditions of access and use of the Site, Subdomain and Applications.
„General Conditions of Sale” (hereinafter „GCS”): Determine the conditions applicable to the paid Content.
„General Terms and Conditions”: Designate the TOS (Section 1), GCS (Section 2) and the stipulations common to the T & Cs (Section 3).
PURPOSE AND SCOPE
The purpose of these General Terms and Conditions is to define the conditions under which DAPPS puts its Site, Sub-Domain and Applications at Users' disposal as well as the reciprocal rights and obligations of each party within the framework of the use of a Service, the purchase of a Service.
Any navigation on the Site, the Subdomain or access to an Application is subject to compliance with these Terms and implies the User’s full and unreserved acceptance of these Terms.
Accordingly, the User accepts, without reservation, these Terms in their entirety before using the Site, the Subdomain or an Application.
The simple act of navigating the Site, the Subdomain, an Application or the use of the Service before even ordering paid Content automatically implies the User’s acceptance of these Terms.
The User agrees to read the GCS before placing an order. The act of placing an order implies the User’s immediate, complete and unreserved acceptance of the GCS.
These General Conditions are available at any time on the Site, the Subdomain and in the „Settings” page of the Applications.
SECTION 1: TOS
ARTICLE 1.1 – DESCRIPTION OF SERVICES
DAPPS provides Services with the objective of offering autonomy to the child who uses the Content.
All Contents are educational games.
The Services are available in multiple languages and may contain tutorials and oral instructions that guide non-readers.
All the Services offered by DAPPS are presented on the Site.
The User can take note of all the Applications produced by DAPPS and may download them from a Store under the conditions provided by the GCS, from the Site. They can also access the Subdomain of the Site where all the Contents of the Applications are presented.
The User is required to supervise a minor child who uses the Services.
ARTICLE 1.2 – ACCESS TO SERVICES
1.2.1 ACCESS TO APPLICATION CONTENT
The User must download an Application to their Terminal to access its Content.
Downloading an Application may be free or paid and may also include in-app purchases to access all Content. When Content is paid, the User must comply with the conditions provided by the GCS.
When the User accesses free Content, some features will not be accessible.
When the User accesses free Content, he may be asked to watch a video add or rewarded video during, before or after the gameplay.
1.2.2 ACCESS TO CONTENT
DAPPS may offer the User free access or time limited access to a portion of the Application Content from the Application or the Subdomain.
DAPPS may also offer to watch an add for a free time limited period that allows the User to access all the Application Content free of charge for a fixed period of time.
SECTION 2: GCS
CONDITIONS OF SALE ARTICLE 2.1 – PREREQUISITES TO USE A STORE’S SECURE PAYMENT SOLUTIONS
To pay to download an Application, make purchases to be integrated into an Application, the User must use the Secure Payment Solution offered by the Store by logging in to their Account. To do this, the User acknowledges and agrees that they must first accept the publisher of the Secure Payment Solution’s terms and conditions and other requirements.
They can be viewed by following these links:
- for the App Store: https://www.apple.com/legal/internet-services/itunes/en/terms.html
- for Google Play: https://play.google.com/intl/en_us/about /play-terms.html
- for the Amazon Appstore: https://www.amazon.com/gp/help/customer/display.html?nodeId=201485660&_encoding=UTF8&ref_=mas_help_legacy_legal_doc_page
Should the User fail to comply with the publisher of the Secure Payment Solution’s terms and conditions, they acknowledge and agree that they can not order the Service or that the Service ordered is automatically canceled. The User will not receive any compensation for this.
ARTICLE 2.2- PRICES AND PAYMENT TERMS
The prices of the Applications are indicated in the Stores and on the Subdomain. They are indicated in the currency of the country or store from which the user is connecting. If the User is in France, prices are indicated in Euros, all taxes included, at the legal VAT rate in effect.
DAPPS reserves the right to change prices at any time. The prices applicable to an order are those in effect at the time that the User confirms the order.
2.2.1 PAID APPLICATIONS
In accordance with article 1.2.1 of the TOS, the User must download the Application on a Terminal to access its Content.
The download of the Application may be paid or free and may contain in-app purchases to access all Content. This information is specified in the Store before purchase.
The User pays for the Application and/or its Contents only via the Secure Payment Solution offered by the Store under the conditions set out in article 2.1.
SECTION 3: COMMON PROVISIONS
ARTICLE 3.1 – LEGAL INFORMATION
The Sites, the Subdomain and the DAPPS Applications are published by:
DAPPS, i.e. Dapps sp. z o.o. with its registered office in Wrocław, Wolbromska 18/1 B Street, KRS number: 0000637239
ARTICLE 3.2 – ACCESS TO THE SITE, SUB-DOMAIN AND APPLICATIONS
DAPPS strives to provide access to the Site, Subdomain and Applications 24 hours a day, 7 days a week, except in cases of force majeure and subject to possible breakdowns and maintenance required for their proper functioning.
DAPPS reserves the right to modify, temporarily or permanently interrupt all or part of the Site, Subdomain or Application, at any time.
DAPPS assumes no responsibility in the case of impossibility of access to the Site, the Subdomain or to an Application.
Access to the Site, Subdomain and Applications implies the User’s knowledge and acceptance of the characteristics and limits of the Internet, particularly with regard to technical performance, response times, data collection, risks of interruption, and more generally, risks inherent to any connection and transmission over the Internet, the lack of protection of certain data against possible diversions and the risk of contamination by possible viruses circulating on the network.
ARTICLE 3.3 – RESPONSIBILITY
3.3.1 THE USER’S RESPONSIBILITY
The User agrees to use the Site, Subdomains and Applications in strict compliance with the laws and regulations in effect.
The User agrees not to transmit any information or data that is defamatory, abusive, obscene, violent or inciting violence, sexist, political, racist or xenophobic and in general, any text that would be contrary to the laws and regulations in effect in France, basic human rights and morality.
The User accepts that they will be solely and exclusively responsible for the consequences should they fail to comply with all or part of the legislation and regulations in effect, or the rights of third parties.
The User is solely responsible for how they use the Site, Subdomain and Applications, and the consequences of this use.
3.3.2 DAPPS RESPONSIBILITY
DAPPS can not be held responsible for any direct or indirect damage resulting from an interruption, a malfunction, a suspension of the Site, the Subdomain or any Application for any reason whatsoever, or any direct or indirect damage that would result, in any way, from a connection to the Site, the Subdomain, an Application or how the User uses the data that they consult and/or transfer on the Internet.
The data published on the Site and Services come from sources considered reliable, however they are likely to contain typographical errors. DAPPS reserves the right to correct them as soon as it becomes aware of them.
The User is therefore solely responsible for how they use the data published on the Site and Services.
It is the responsibility of the User to take all appropriate measures to protect the data and/or software stored on their computer equipment against any type of attack, including those of exogenous origin. Any person’s connection to the Site and Services is under their full responsibility.
If the user notices an issue with a paid service, they should notify DAPPS by email. DAPPS will provide an answer to the User as soon as possible.
Any failure or damage reported to DAPPS must be proven by the User by any means deemed necessary.
ARTICLE 3.4 – INTELLECTUAL PROPERTY
This article applies without prejudice to the rules set forth by the Mobile Operating System publisher.
All the elements composing the Site, the Subdomain and the Applications are the property of DAPPS.
These General Terms and Conditions do not grant the User any rights of ownership over the elements of the Website, the Subdomain or the Applications that are made available for the purposes of the Services.
No component of the Site, the Sub-Domain or an Application may be represented, reproduced, altered, in any manner whatsoever, in any medium whatsoever, in part or in whole, without the prior written permission of DAPPS.
The User is informed that any breach of this article is subject to both civil and criminal prosecution.
The Site or Subdomain may contain hyperlinks to third party Sites over which DAPPS has no control. It can not, therefore, be held responsible for the unavailability of these sites and/or their content.
ARTICLE 3.5 – PERSONAL DATA
Personal data is subject to a confidentiality charter that is accepted by the User in addition to the acceptance of these Terms and Conditions prior to the use of a Service.
ARTICLE 3.6 – FORCE MAJEURE
Neither DAPPS, nor the User will be responsible for any damage directly related to a case of force majeure as stipulated by Polish legislation and jurisprudence, as well as in case of interruption, suspension, reduction or interruption of electricity or telecommunication networks.
The defaulting party following a case of force majeure informs the other party without delay and does everything possible to limit the consequences.
ARTICLE 3.7 – MODIFICATION OR TERMINATION OF TERMS AND CONDITIONS, SUSPENSION OR FINAL STOP OF SERVICE
The User acknowledges and expressly agrees that DAPPS may, at any time, make unilateral changes to these Terms and Conditions as well as suspend or stop a Service. The User will be informed of any modifications to the General Conditions and of any suspension or stoppage of a Service, by any means at the convenience of DAPPS.
Should DAPPS modify the present General Conditions, the applicable General Conditions are those which were in effect when the User ordered the paid Service.
The User acknowledges and accepts that the refusal of the modifications entails the immediate renunciation to the use of the concerned Service.
In the event of the definitive termination of a Service, these General Conditions may be terminated automatically by DAPPS, without any compensation of any kind for the User.
ARTICLE 3.8 – ASSIGNMENT OF TOS
The User acknowledges and agrees that DAPPS may, at any time, freely transfer to any third party of its choice, in whatever form, its rights and obligations arising from these Terms and Conditions. The User will be informed of this transfer, by any means at the convenience of DAPPS.
In case of assignment, the User acknowledges and agrees that DAPPS will be immediately and completely released from its obligations.
The User acknowledges and agrees that the opposition to this assignment leads to the immediate renunciation of the use of the Service concerned.
Unless expressly agreed otherwise by DAPPS, the User acknowledges and agrees that they may not assign any third party, in any form whatsoever, the benefit of these General Terms and Conditions.
ARTICLE 3.9 – DIVISIBILITY
If any of the articles in these General Terms and Conditions prove void or unenforceable by virtue of a law or regulation or following a court decision, the other articles will retain their full force and effect.
ARTICLE 3.10 – WAIVER
The fact that DAPPS does not to avail itself of one or more provisions of these General Terms & Conditions does not imply a waiver of all of the said General Terms & Conditions.
ARTICLE 3.11 – SETTLEMENT OF DISPUTES
When a dispute arises between the User and DAPPS, the Parties undertake to attempt to find an amicable solution. To do this, the User must address their complaint by registered letter with acknowledgment of receipt.
In accordance with EU Regulation 524/2013, the User can also contact the European Commission’s online dispute resolution portal by following this link: https://webgate.ec.europa.eu/odr/. The complaints logged on this platform are transmitted to Polish mediation bodies.
In case of failure, the User may apply to any competent jurisdiction.
These General Terms & Conditions are written in English. They can only be interpreted in their English version.
These General Terms & Conditions are subject to Polish law.