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 – 28001 MADRID (Madrid)
- Registry number: ESB88098165
- Tax identification number: ESB88098165
- Contact: firstname.lastname@example.org
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 Glancy 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 either by using our amazing templates or by creating your own custom live wallpapers from your own videos.
By installing or otherwise using Glancy, 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 Glancy 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 Glancy.
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 Glancy is 7 years old. For users that don’t meet the minimum age requirement the subscription to these services shall be authorised by their legal tutors 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 available version of the App 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
It’s not allowed:
– 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 without our direct approval.
– make the application available over a network or other environments 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.
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 and generate templates through the content previously uploaded to the App.
User uploaded 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, functions, as well as content of the App may vary during the subscription. The user is able to unsubscribe from the Services at any time. The Services could be temporarily suspended to perform maintenance related to the Services, resulting in interruptions, delays, or errors. In any case, We will take the best efforts in order to ensure that the Services are suspended for the minor period of time as possible.
9. SUBSCRIPTION AND PAYMENT OF THE SERVICES
- Subscription to the Service:
Glancy will allow you to access all the services offered by the App through a subscription (the “Subscription”). The subscription will continue up until it is cancelled by the user
- Trial Period:
Right after making the Subscription, Glancy allows you to use the Service for three days, in which time you may terminate the contract without penalty (i.e. without charging the fee).
Please note that each platform has its own payment processing terms. Therefore, the subscription payment might be processed up to 24 hours prior to the end of the trial period.
- 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 us to charge your subscription fee for the next subscription period.
- Subscription Periods:
Subscription will be weekly. In either case, Glancy will inform you of the subscription terms in effect at any given time before you subscribe to the service.
You can cancel a subscription service at any time during the subscription period via the subscription settings in your App Store, Google Play Store or Huawei App Gallery 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 Glancy.
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 for the Service shall be made in accordance with the price information available on the AppStore, GooglePlay Store or Huawei App Gallery. You shall pay the subscription’s fee in advance, 24 hours before 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. 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 methods.
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, however please note that each platform has its own payment processing terms. Therefore, the subscription payment might be processed up to 24 hours prior to the end of the trial period, (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 in question was purchased.
If the subscription is not paid on the Renewal Day, and the subscription service has not been canceled, the user will enter into a grace period of seven (7) days during which its access to the paid content of the app will be maintained while the platform will attempt to collect payment.
10. CANCELATION POLICY
You can cancel your subscription at any time. The cancelation will come into effect during the following subscription period.
If you purchase a subscription through the Apple iTunes Store or our iPhone app, you can cancel your subscription by canceling the automatic renewal of paid app subscriptions by selecting Manage App Subscriptions in your iTunes account settings and selecting the subscription you want to modify. If you purchase a subscription through the Google Play store, you can cancel automatic renewals in your account settings under Subscriptions in the Google Play app or according to the current process outlined by Google Play.
If you would like to request a refund for a subscription made through Google Play Store please send us the following information through the form.
Otherwise, if you made a subscription through Apple App Store and you require to ask for a refund, please follow the instructions here.
11. USE OF THE SERVICE
The use of Glancy by You will not require any registration. Therefore, You can enjoy Glancy directly without the necessity to go through an enrollment 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.
12. RIGHT TO WITHDRAWAL
By subscribing , 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.
13. UNINSTALL OF THE APP
Uninstallation of the APP 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.
14. PRIVACY AND DATA PROTECTION
15. INTELLECTUAL PROPERTY
The Glancy 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.
16. 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: 02/09/2021
If you would like to request a refund for a subscription made through Google Play Store you can follow the procedure in the Google play store or you can send to us the following information:
Request for refund
@2019 Happy Apps All Rights Reserved