Effective Date: December 1, 2022
Hi! We’re so excited you’re here and can’t wait to help you meet your new widget baby. 🙂 This Agreement protects our Service, You, and Us. Please play with respect to all users, have fun, and be responsible and informed about your use. And as always, if you ever have any questions, please just let us know.
YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE A DUTY TO READ THIS AGREEMENT. PLEASE READ IT CAREFULLY.
ARBITRATION. THIS AGREEMENT CONTAINS AN INFORMAL DISPUTE RESOLUTION, BINDING ARBITRATION CLAUSE (SECTION 26) AND CLASS ACTION WAIVER (SECTION 27). THESE AFFECT LEGAL RIGHTS IN CASE OF DISPUTE. UNDER THIS AGREEMENT, YOU AGREE THAT BOTH YOU AND H’APPILE INTERACTIVE EXPLICITLY WAIVE RIGHTS TO ANY JURY TRIAL, AND ANY DISPUTE WILL BE SETTLED INFORMALLY AND IF NECESSARY VIA ARBITRATION (LEARN MORE).
BY CLICKING ‘I AGREE’ OR INSTALLING AND/OR USING THE SERVICE, OR ANY PART OF, YOU CONSTITUTE MANIFESTATION OF ASSENT TO AND ACCEPTANCE OF THIS AGREEMENT FOR YOU AND/OR ANY USER(S) YOU ARE ACCEPTING THIS AGREEMENT ON BEHALF OF.
THIS AGREEMENT IS BETWEEN YOU AND US, AND MAY INCLUDE APPLE AS A THIRD PARTY BENEFICIARY. BY ACCEPTING, YOU AFFIRM YOU UNDERSTAND AND AGREE TO BE BOUND LEGALLY BY. IF YOU CANNOT OR DO NOT, YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICE AND MUST TERMINATE YOUR USE OF AND UNINSTALL. THIS AGREEMENT DOES NOT REPLACE BUT IS IN ADDITION TO ANY APPLE APP STORE AGREEMENT REQUIRED TO DOWNLOAD AND USE WIDGETBABY.
H’Appile Interactive and you both acknowledge and agree that Apple, and its subsidiaries, are third party beneficiaries of the Agreement, and that, upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the Agreement against you as a third-party beneficiary thereof. H’Appile Interactive and you both further acknowledge and agree that this Agreement is between us only, and not Apple, and that maintenance and support, warranties, product claims and intellectual property infringement disputes are not the responsibility of Apple. H’Appile Interactive is solely responsible for the investigation, defense, settlement, and discharge of any such claims.
H’APPILE INTERACTIVE RESERVES THE RIGHT, IN ITS SOLE AND ABSOLUTE DISCRETION, TO DISCONTINUE, CHANGE, AND/OR UPDATE WIDGETBABY OR TO MODIFY, CHANGE, REPLACE, OR DISCONTINUE THIS AGREEMENT.
If H’Appile Interactive materially modifies, changes, or discontinues the terms of this Agreement, the Effective Date and Version, located above, will change. Your installation or use of WidgetBaby after a change in the Effective Date or Version of this Agreement constitutes your acceptance of and manifestation of assent to any modification, change, or replacement. This Agreement supersedes any prior, and applies to all versions of WidgetBaby, including future. Note the versioning number nomenclature of this Agreement will not necessarily match that of the current or any App instance versioning nomenclature, and shouldn’t be interpreted as such.
You agree to comply, in good faith, and provide accurate information with all the terms of this Agreement.
2. Definitions [contents]
• “Baby” means one or more fictional and non-real widget baby(s) provided in WidgetBaby.
• “Service” for purposes of this Agreement refers to the App, Website, and all related services/products.
• “User(s)” means individuals that download WidgetBaby and/or use the associated services.
• “You / Your / You’re” means Users and/or those reviewing this Agreement.
• “Age Gate” is a screen presented during first launch after install or initial onboarding that asks for users’ Age so we can configure the Service appropriately for a mixed user audience.
• “Children/Child” for the purpose of this policy refers to individuals who are under the age of ability to consent to Personal Data processing in their jurisdiction (e.g. < 13 in the USA, Brazil; < 16 in California; < 16 in parts of the EEA, etc). Please refer to your state’s or jurisdiction’s specific privacy/data protection laws to learn more. Generally, we will always regard all users < 13 years of age to fall into this category. Age used for determination of Child/Children users in the Service is based upon Age Gate entry.
3. User Age and Eligibility [contents]
THIS IS A BINDING AGREEMENT AND YOU MUST HAVE THE AUTHORITY TO ENTER INTO SUCH ON BEHALF OF THE USER(S). IF YOU ARE A CHILD USER AND/OR UNDER THE AGE OF LEGAL MAJORITY IN YOUR JURISDICTION, THIS AGREEMENT REQUIRES A GUARDIAN OR PARENT OF THE LEGAL AGE OF MAJORITY TO REVIEW AND ACCEPT ON YOUR BEHALF. IF YOU ARE A PARENT OR GUARDIAN REVIEWING THIS, YOU ASSUME RESPONSIBILITY FOR SUCH CHILD USER(S) UNDER THIS AGREEMENT.
4. Your Warranties, Representations, and Obligations [contents]
You warrant and agree that you have the right, power, and legal capacity to enter into this Agreement and to adhere to the terms and conditions hereunder. You represent and warrant that you are not bound by or a party to any arrangement or agreement, whether contractual or otherwise, that would prohibit you from downloading or using WidgetBaby. You further warrant that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and that you are not listed on any U.S. Government list of prohibited or restricted parties.
All Users of WidgetBaby further warrant and agree to be prohibited from, without limitation:
1. Violating any intellectual property right (trademark, copyright, trade secret or patent), personal or other right of a third party;
2. Framing, scraping, aggregating, hacking, crawling, reproducing, preparing derivative works of, distributing, performing publicly, or displaying publicly WidgetBaby, whether in whole or in part, without the prior written consent or express grant of H’Appile Interactive;
3. Using any automated devices, software, or programs such as spiders, crawlers or robots to access WidgetBaby and/or systematically index, aggregate, download, harvest or re-publish any of its content or information (this will not apply to search engines or non-commercial and publicly available archives that appropriately comply with the robots.txt file);
4. Attempting to reverse engineer, de-compile, hack, enable, disable, translate, modify or disrupt the features, functionality, integrity, or performance of WidgetBaby (including any mechanism used to restrict or control the functionality of WidgetBaby), any third-party use of WidgetBaby or any third-party data contained therein (except to the extent such restrictions are prohibited by applicable law);
5. Accessing WidgetBaby to build a similar or competitive product or service or copy any ideas, features, functions, or graphics of WidgetBaby;
6. Transmitting unsolicited commercial email messages, or spam, through WidgetBaby or to Users of WidgetBaby;
7. Removing any content from or redistributing content outside the context of WidgetBaby or representing as “stand alone assets” (i.e. in the form of modified screenshots, etc) — except by written permission or express grant by H’Appile Interactive;
8. Misusing another User’s personal information;
9. Imposing a disproportionate load on WidgetBaby or its server infrastructure or otherwise attempting to interfere with the operation of WidgetBaby;
10. Attempting to gain unauthorized access to WidgetBaby or to defeat, avoid, bypass, remove, deactivate, or otherwise circumvent any software protection or monitoring mechanisms of WidgetBaby;
11. Attempting to gain access to the private data or personal information of a User of WidgetBaby or a third party;
12. Harassing and/or stalking a third party through your use of WidgetBaby;
13. Impersonating another or creating multiple alias Users;
14. Posting, transmitting, or uploading to or from WidgetBaby any data, file, software, or link that contains or redirects to a virus, Trojan horse, worm, or other harmful component;
15. Posting or creating content that is defamatory, racist, obscene, offensive, or politically targeted or “mis-information” and could reasonably offend Users and/or degrade WidgetBaby, judged in the sole and absolute direction of H’Appile Interactive;
16. Posting or transmitting content, or using WidgetBaby in a manner that violates any law, statute, regulation, or ordinance, or treaty, whether local, state, provincial, national, or international; or
17. Authorizing, permitting, or encouraging any third party to do any of the above.
Your violation of any term or condition of this section or any term of this Agreement may result in the immediate termination of your access to WidgetBaby.
H’Appile Interactive does not warrant or guarantee that compliance with this Agreement will be sufficient to comply with your obligations hereunder, under applicable law or with third party rights. Given the global nature of the Internet, you agree to comply with all laws and rules where you reside or where you use WidgetBaby. WidgetBaby is operated world-wide and H’Appile Interactive makes no representation that WidgetBaby is appropriate, lawful, or available for use in your location. H’Appile Interactive does not offer WidgetBaby where prohibited by law.
5. About WidgetBaby [contents]
WidgetBaby is a mobile application that allows Users to create and care for virtual “babies” (i.e. widget babies) through an interactive game. Our intent is to provide a fun and engaging virtual widget baby experience. We agree to provide you with the Service in accordance with and as limited by this Agreement.
5.1 Downloading and Using WidgetBaby [contents]
When downloading WidgetBaby via the App Store, you acknowledge and agree that H’Appile Interactive does not own or control Apple or any other third parties or third party payment processors and will not be held liable for any claims, demands, causes of action, debts, liabilities, damages, costs, or expenses, including costs and reasonable attorneys’ fees, arising out of or in relation to your use of such third-party services, products, or payment processing. You are advised to read the Apple App Store Terms of Service .
You acknowledge and agree that you alone are responsible for, and H’Appile Interactive will not be held liable for, any costs or fees incurred by you through your use of WidgetBaby, including but not limited to mobile carrier charges, rates or fees, SMS or other text message fees, Apple iCloud account service charges, or payment provider fees.
You always have the right to leave the service or remove the App from your device and stop use at any time and for any reason.
5.2 Fictional Simulation & Game Disclaimer [contents]
YOU UNDERSTAND AND AGREE THAT WIDGETBABY IS ONLY A FICTIONAL AND VIRTUAL GAME, AND THAT WIDGETBABY DOES NOT CARRY OR IMPLY ANY MEDICAL OR REAL-LIFE CARE/PARENTING RECOMMENDATIONS. WIDGETBABY IS NOT DESIGNED FOR EDUCATIONAL USE AND SHALL NOT BE USED IN ANY INSTRUCTION OF OR REAL-LIFE IMPLICATIONS FOR CARE RELATED TO A BABY OR CHILD.
As such, any and all baby levels, actions, supplies, references, content, and interactions within WidgetBaby are not intended and should not be interpreted as real or representing the realistic nature, vitals, health, actions, care for or of, and/or being of any real-life baby or person. You acknowledge and agree that your widget baby is a fictional digital simulation and for entertainment and enjoyment virtually in our Service and is not real. Likewise, you acknowledge and agree that any content such as reactions or sayings from your widget baby when using WidgetBaby are also not necessarily meant to be interpreted as realistic or portraying real-life scenarios or actions of a baby.
5.3 Social and Shared Play [contents]
WidgetBaby may offer interactive, social, or shared game play. This may allow you to engage in play or interactions with other Users via an Internet network.
We take care to design these spaces to be fun, safe, and happy places for all users. We always retain the rights to these environments as part of our Service. At any time, we may moderate or curate these spaces accordingly as as we see fit for any reason(s). You acknowledge and agree that you ultimately accept any risks from any interactions with other widget babies or Users of the App. Some social and shared play features may be disabled by default and not present or available in the Service for Children users to protect privacy.
5.3.1 WidgetBaby Friends™ [contents]
When you have shared play enabled or have received an invite to a shared widget baby, you can share in caring for the same widget baby. Friends on a shared baby may also be called your “care buddies” in the game.
22.214.171.124 Shared Babies and Links [contents]
When sharing a widget baby, a shared link may only be used once. You should use in care in sharing your widget baby. Once shared, a shared widget baby cannot be unshared. The only way a link may be removed is if the linked user chooses to delete their MyWidgetBaby™ account or the shared baby. Of course, you may always delete any widget baby on your device and account at any time.
126.96.36.199 Privacy & Shared Content Disclaimer [contents]
WidgetBaby Friends™ play may feature shared user generated content spaces (e.g. messages, photos) with your associated care buddies. We believe this personal content between you and your associated care buddies should be private. We use end-end encryption, and all associated such contents when stored in databases are protected and encrypted at rest. Only you and your care buddies own the keys to this content. We only see details like the the user’s alias or profile ID content was created by, date stamps, etc. or “meta-data” properties for purposes of facilitating the Service, database indexing, etc.
Given the end-end encryption of private content (e.g. Messages, Memories) in these shared spaces, we have the limited ability to moderate any private care buddy shared play spaces. Any content you share or post should be appropriate for WidgetBaby and should not be offensive, illegal, graphically obscene, etc. – WidgetBaby is not the place for such content. Any content you post or share may persist indefinitely. You are always responsible for what you share. Shared content visibility may be dependent on various conditions, and all content may not always display. Inappropriate content may be automatically flagged or filtered. You have the ability to remove any content you create and share yourself. You may also report others’ content if you deem inappropriate, or in violation of these Terms. If we see content has been reported, please know we still cannot know what the content necessarily is, as we described above, and if we choose to remove such we are doing so based on the good faith assumption of the reporting users’ judgement. By posting or sharing content you understand and give H’Appile Interactive permission to moderate and remove any content for any reason in our sole discretion. Users’ content that is frequently reported, appear to be spamming or abusing the shared play space, etc. may be deemed as a violation of these Terms also and result in user restriction(s).
5.4. WidgetBaby Coins (in-app currency) [contents]
You may collect and use In-App currency (i.e. WidgetBaby coins) that are redeemable for baby extras and/or care actions during game play in WidgetBaby. Users may collect WidgetBaby coins in various ways, such as receiving gifts and/or winning playdate games with other widget babies. WidgetBaby coins are not real currency or assets and have no monetary value or worth outside of WidgetBaby. Similarly, WidgetBaby coins are non-transferable and cannot be removed or transferred from WidgetBaby to any other device or app.
5.5. Custom User Photo Backgrounds [contents]
You may choose to use a custom photo or image from your photo library as your widget baby’s widget home background, etc. Since photos may be personal and special to you, we always keep photos private and local to your device — these are always yours and only you retain rights to them. We do not collect or have access to any of your photos or images you share in the app in any way.
5.6. MyWidgetBaby™ & Account [contents]
MyWidgetBaby™ is our premier subscription service featuring many great features of WidgetBaby. With MyWidgetBaby you may create a login and “alias” tied to your profile and to enable use of shared play environments with friends, etc. Please note, your alias is public and may be viewed in shared play spaces and should be appropriate for such. Certain aliases may not be allowed, and we always reserve the right to moderate any aliases we deem not appropriate for the Service in our sole discretion. Aliases may only be changed periodically. You always have the right to delete your MyWidgetBaby™ account at any time. A MyWidgetBaby™ account is not necessary to use other “non-shared play” features of the MyWidgetBaby™ service (e.g. Memories™, ad-free play). Your MyWidgetBaby™ account is not the same as the overall MyWidgetBaby™ subscription. Any subscription must be managed on your device and through the App Store, please refer to section 7 for details on specifically managing.
5.7. Augmented Reality and WidgetBaby Memories™ [contents]
The App may offer augmented reality (AR) experiences. You may be promoted to share camera permissions or access on your device to enable these game play experiences. In some cases the App may use Apple’s “TrueDepth” front facing camera api for tracking or updating movement (e.g. placing your widget baby on your shoulder or in your hand, and tracking gestures, etc). We never collect, store, share, transmit, etc. any tracking data from AR sessions. This is only used real-time by the App for enhancing your AR experience while playing.
Additionally, we believe any captured memories and or photos are personal and should remain private or be shared only when you choose. Therefore, any memories or photos you capture in the App using the AR features (e.g. WidgetBaby Memories™) are only stored locally in the App’s container on your device by default. If the functionality exists, and you have enabled, you may optionally choose to also share your memories in the Service with other Care Buddies on the same widget baby as described previously in 188.8.131.52.
5.8. Push Notifications [contents]
The Service may employ an optional push notification feature using Apple’s Push Notifications Service to provide notifications to you. Examples of notifications may include updates like when your widget baby needs care, is missing you, etc. We always try to carefully tailor notifications to keep them as relevant and meaningful as possible, however we make no guarantee of availability or success of any push notifications at any time.
You are responsible for managing the push notification settings on your device and can grant or revoke authorization at any time in the settings on your device. Push Notifications are designed to be only displayed if your devices’ settings allow. In some cases, the App may also provide additional means of controlling notifications. We are not responsible for unwanted or nuisance push notifications you receive for any reason; this includes as a result of your failure to disable or turn off notifications on your device and/or in the App, degraded api or server performance, bugs, etc.
6. Ownership of WidgetBaby & Third-Party Intellectual Property Rights [contents]
You understand and agree that H’Appile Interactive is the owner, or licensee, of all rights in and to WidgetBaby and its associated content, including but not limited to all intellectual property and any other property or proprietary rights. WidgetBaby is protected by all applicable laws, intellectual property or otherwise, and you are expressly prohibited from using WidgetBaby for any purposes not explicitly stated in this Agreement.
H’Appile Interactive is the owner of all trademark, trade name, and/or service mark rights, whether registered or under common law, of all its marks, including, without limitation, WIDGETBABY and all associated WidgetBaby logos.
You are hereby prohibited from using the trademarks, service marks, design marks, and logos of H’Appile Interactive, or any colorable imitation thereof, or any mark not owned or licensed by you, including, without limitation the term WIDGETBABY or the logos related thereto, as an indicator of source, as a part of a domain name, or in any way that is likely to cause confusion without the prior written consent of H’Appile Interactive. All trademarks, images, copyrights or rights of publicity displayed in connection with your use of WidgetBaby are the property of their respective owners.
H’Appile Interactive respects the intellectual property rights of others and is committed to helping third parties protect their rights. Users are prohibited from uploading, copying, transferring, or posting content that violates another party’s intellectual property rights. Additionally, use of WidgetBaby requires Users respect and follow any of our third party licensing agreement(s) we may rely on for content in the application, including:
Unless otherwise stated, WidgetBaby and all content within are the property of H’Appile Interactive, or licensed by, and are protected by copyright and other intellectual property laws. Our full copyright policy and DMCA notice is included at the end of this Agreement.
7. Limited License Grant [contents]
WidgetBaby and all related materials, including but not limited to any text, names, marks (excluding any of those owned by or registered to third parties), statistics, graphics, forms, photos, images, icons, sounds, music, videos, software, algorithms, scripts and interactive features, as well as its associated data and services generated by us, is the property of, owned by and/or licensed by H’Appile Interactive. H’Appile Interactive grants you a limited, non-exclusive, royalty free, non-sublicensable, non-transferrable, and non-assignable license to install and use one copy of WidgetBaby in executable object code form to be used on a single mobile phone (i.e. iPhone, Galaxy), portable device (i.e. iPad, Android Tablets), or wearable device (i.e. Apple Watch, etc) for non-commercial, personal purposes, and as limited by this Agreement.
8. Creation of User Generated Content [contents]
You must own or have the necessary rights to or permissions for any content you upload, input, share, or provide in the Service. Some User Generated content may be public in the Service (e.g. your widget baby’s name, profile alias, etc). Other user generated content like Care Buddy messages or Memories photos may be private you and a group of others (e.g. your Care Buddies, etc). You should always be aware of where you are sharing or creating any content in the Service and its potential audience and scope. If ever in doubt, please always contact us before sharing or creating any content.
8.1. You License to Us [contents]
You grant H’Appile Interactive a non-exclusive, irrevocable, royalty-free, and perpetual license to use your User Generated Content, including but not limited to widget baby profile, avatar, and any public or shared content you create or share in the Service for the customary and intended purposes of WidgetBaby and any purpose related thereto, including, without limitation, to reproduce, prepare derivative works, distribute copies, perform, sell, display, research, and use. These purposes may include, but are not limited to, providing you or third parties with WidgetBaby and its related features, improving WidgetBaby, marketing/advertising content on WidgetBaby, and archiving or making backups of WidgetBaby. By using WidgetBaby, you further agree to waive all rights of publicity or privacy with respect to the content associated with your widget baby’s profile and avatar.
8.2. You License to Others [contents]
Additionally, you grant a non-exclusive, irrevocable, royalty-free, and perpetual license to all other users of the Service to use and share any User Generated Content you create for the customary purposes of the Service, unless prohibited otherwise in these Terms.
8.3. Our Right to Moderate [contents]
H’Appile Interactive takes great care to make WidgetBaby appropriate for all Users. As a result, H’Appile Interactive, at its sole discretion, also reserves the right to moderate the appearance and/or display of any widget baby profile or avatar on WidgetBaby without prior notice. Specifically, H’Appile Interactive reserves the right to hide your widget baby profile/name or avatar form public view, modify your widget baby profile/name or avatar, remove your widget baby profile/name or avatar, etc. if it determines that it violates the terms of this Agreement and/or H’Appile Interactive deems it may be offensive or inappropriate to some User(s) or not appropriate for display in WidgetBaby, in our sole and absolute discretion. Additionally, H’Appile Interactive may, at its sole discretion, correct or resolve any score inaccuracies or anomalies in WidgetBaby, such as leaderboard rankings, stats, etc.
8.4. Derivative Works [contents]
In unique cases and where expressly allowed, you may be able to create new content in the App, which may include App assets or existing content (“App Content”) that belongs to Us. This newly created content may be called a “Derivative Work” of the App. An example would be the creation of AR memories/photos with your widget baby, and then saving photos of you and your widget baby to camera roll, sharing, etc. This is OK — provided that if you share such Derivative Works in any public domain spaces (e.g. social media, etc.) you respect the App Content and WidgetBaby brand and do not defame or use in an obscene or offensive manner. App Content present in any Derivative Work falls within limited license to you under section 7, with the modification that it may be sublicensed (e.g. shared on social media if you choose, etc.). You may not isolate any App Content outside the Derivative Work’s context (e.g. clip an asset out, portray App Content as standalone, etc). In our sole and absolute discretion, and to any extent possible under law (e.g. social media takedown requests, copyright complaints), we always retain all right to protect the integrity of our App Content, copyrights, trademarks, reputations, licenses and their use. Any violation or abuse we deem under this provision may constitute breach of this Agreement.
9. In-App Purchases & Subscriptions (IAPs) [contents]
H’Appile Interactive may offer optional in-app purchases (IAPs) in the App to enhance your use of WidgetBaby. In some cases, free trial, preview, and introductory periods may exist. All IAPs on WidgetBaby are entirely optional. While some added features and options in WidgetBaby may require purchase, you will never be forced or obligated to make any purchase and always have the option to continue using the free features of WidgetBaby. You are responsible for purchases by all Users on your device and in the App.
Some IAPs may be offered on a subscription basis. Recurring subscriptions may be automatically renewed at the end of the current period, including at the end of any introductory period or free trial period you’ve activated. You are solely responsible for monitoring and maintaining all subscriptions or cancelling any recurring subscriptions if you wish the subscription to stop. Stopping use of or deleting WidgetBaby does not directly affect subscription service. You can learn more about canceling recurring subscriptions here https://support.apple.com/en-us/HT202039. Non-recurring subscriptions cannot and do not need to be cancelled and will simply end after their duration if you do not manually re-purchase in the App.
H’Appile Interactive may, at its sole discretion, adjust prices and make promotional offers/giveaways, bundle products, etc. for IAPs at any time. Purchases are sold with the intended functionality and lifecycle as described at the time of purchase, however are not guaranteed or warranted for any specific period. Products may evolve and change over their lifetime. All product prices are always listed in the App Store under the “Information/In-App Purchases” section, and also shown in WidgetBaby where and when the products are offered for purchase. When applicable, H’Appile Interactive will additionally clearly communicate and display in the service any price changes and/or content/product changes for recurring purchases or subscriptions so they may be reviewed prior to renewal. For any recurring or auto-renewing subscriptions, you are still responsible for monitoring and stopping the subscription as described in the previous paragraph in this section. H’Appile Interactive is not obligated to offer any price adjustments or refunds for any previous purchases; All sales are considered final.
10. System & Cloud Utilization [contents]
You acknowledge and agree that WidgetBaby may use system resources (i.e. CPU, Memory, Disk, Battery, etc) on your device to provide you the Service and maintain the Service. You agree and authorize WidgetBaby to use such resources, at any and all times while installed on your device, for the purposes of updating, maintaining, modifying, adapting, monitoring, rendering, creating, and/or facilitating/enabling any and all services, functionality, cloud databases/servers, etc. related to WidgetBaby and any third-party services.
WidgetBaby may also utilize Apple’s iCloud functionality and Keychain services on your device that may be linked with your Apple ID account to sync or store data across multiple devices linked to your private iCloud database. This enables backing up and/or sharing your WidgetBaby game data and babies across multiple devices associated with the same Apple ID. You acknowledge you are responsible for monitoring such usage and control of your Apple ID at all times and are responsible for any cloud based service usage or related charges.
11. Data Connection and Use [contents]
You acknowledge and agree that WidgetBaby may use and access network data services on your device, such as a cellular connection or a Wi-Fi connection. Also, you agree and authorize WidgetBaby to use, transmit, and receive on this connection, at any and all times, for the purposes of updating, maintaining, modifying, adapting, monitoring, rendering, creating, and/or facilitating/enabling any and all services, functionality, cloud databases/servers, etc. related to WidgetBaby and any third-party services. You acknowledge and agree that you are responsible for this usage and any service charges for such according to your cellular device plan or network provider.
12. Opening Links & Deep Links [contents]
The app may parse parameters and content from links you open the app from or install the app through. You understand that sometimes clicking-through and following these links may also copy link details to the clipboard on your device so they can be recalled appropriately later. This behavior may “deep link” and direct you appropriately to content or features within the app based on a link you may have clicked or installed the app from, etc.
13. App “Signals” and Unique Identifiers [contents]
Via your permission, by communicating with and providing us a screenshot of a unique identifier from your App instance, we may use flags or “Signals” pre-loaded into our server(s) or database(s) and linked with such unique identifier to cause the App to take a specific action, reset, or make adjustment to help in cases such as troubleshooting, sustaining, and/or user support cases.
You understand this function is still subject to the Disclaimer/Limitation of Liability in sections 20/21 of these terms, and we do not make any guarantees of performance. You also understand that by providing us with the unique identifiers and agreeing to have us provide said support or “Signals” to the App, the outcome and result may not be reversible even if it ultimately differs from the expectation.
NOTE: Nothing in this section is intended to be used as means to unlock paid or enhanced features or content within the Service. All upgrade and added content which requires purchase for unlocking must be obtained and are solely provided via the App Store and In-App Purchase flows per Apple’s Developer Terms.
You are prohibited from using WidgetBaby for any use not explicitly stated in this Agreement, absent separate written agreement signed by H’Appile Interactive and you pursuant to a binding agreement.
14. Communication Disclaimers [contents]
14.1 Feedback and You Contacting Us [contents]
You may choose to, or we may invite you to, submit comments or ideas about WidgetBaby, including without limitation about how to improve WidgetBaby and/or in reference to support/troubleshooting requests. By submitting any communications or feedback, you agree that your disclosure is gratuitous and without restriction. You agree your disclosure will not place H’Appile Interactive under any fiduciary duty or other obligation, and we are free to use such feedback without any additional compensation to you, and/or to disclose such feedback or communications on a non-confidential basis or otherwise to anyone. As such, you acknowledge and agree that any communications you make to H’Appile Interactive and/or WidgetBaby, in any form, are done at your own risk.
If you are a parent or guardian reviewing this for a Child User, please have them ask you to facilitate any communications with us they need for support, feedback, etc.
14.2 Sharing the Service, Sending Invitations [contents]
Sometimes you may have the option to, or be prompted with the ability to, share features or information about the service, contents from, links, etc with others. This is always optional and you’re never required to share anything. Sometimes we may offer in App incentives for sharing the Service or its features (e.g. WidgetBaby Coins), these are always offered at our sole and absolute discretion simply as a thank you or bonus. In no way does anything in this section form a fiduciary duty or any obligation on our part with you. You agree that you sharing any content or sending invitations is always done gratuitously.
When applicable and initiated by you, and for convenience only, the App may help direct you to outside services or “communications channels” on your device (e.g. email, messenger, social media platforms, etc.) to help in sharing content or invitations. Note such services or communication means are not affiliated with or part of the Service in any way. We may auto generate links, unique identifiers, or message “snippets” that get copied into a communication initially to help you get started sharing or customize from. With the exception of these pre-generated snippets or links, we do not see any communication contents, do not collect, and cannot see whom you share or communicate with.
For Children users we disable such sharing mechanisms and such prompts are not presented in the App for privacy.
14.3 Social Media [contents]
You agree that anything you post, share, and/or promote on social media or in the public domain with regard to WidgetBaby is done at your own risk. These acts do not entitle you to any compensation from H’Appile Interactive nor do they create any association or affiliation with H’Appile Interactive or WidgetBaby, absent separate written agreement signed by H’Appile Interactive and you pursuant to a binding agreement.
15. Third Party Advertising & Interest Based Ads [contents]
16. First Party Promotional Content [contents]
You understand that WidgetBaby may periodically present first party promotional content (i.e. screens or cards in the app) for products and services we own. For instance, these could include cross-promotions for one or more of our other apps or products. So we may keep users aware of our new features or products that could enhance their play experiences, some first party promotional content may always be shown regardless of a users’ ad play environment (i.e. ad-free upgraded, etc.). These promotions are usually only shown once so a user is made aware of such new content, feature, product, etc. Importantly, note that these promotions are distinctly different from and not the same as the “in-app or third party advertisements” mentioned in section 15 previously.
17. Third Party Content [contents]
You agree that H’Appile Interactive will not be held responsible or liable for the content/performance of third-party advertisements, website, applications, products, or services in WidgetBaby. User’s use of third-party supported platforms and other third parties via third-party websites, platforms, or applications, is governed solely by the terms and conditions of such third-parties, and any contract entered into, or any transaction completed via any third-party, is between you and the relevant third-party, and not H’Appile Interactive. You agree to comply with all terms and conditions of any third party whose software or services are used in conjunction with WidgetBaby, including but not limited to any vendor which provides access and download services (i.e. Apple App Store), any network provider (i.e. AT&T, Verizon, T-Mobile, etc.), any service provider, any platform provider (i.e. iOS, Android), or any hardware manufacturer (i.e. Apple iPhone, Samsung Galaxy, Blackberry, etc.). H’Appile Interactive makes no representation and shall have no liability or obligation whatsoever in relation to the content or use of, or correspondence with, any such third-party or contract entered into and any transactions completed by User with any such third-party.
18. No Endorsement of any Product or Service [contents]
H’Appile Interactive’s inclusion of advertisements, websites, applications, or services on WidgetBaby does not constitute H’Appile Interactive’s endorsement of, recommendation of, or affiliation with any of those websites, applications, or services. H’Appile Interactive does not endorse or recommend any third party commercial product, process or service offered in any advertisements appearing on WidgetBaby. The views and opinions of Users, contributors, and others expressed on WidgetBaby do not necessarily state or reflect those of H’Appile Interactive. H’Appile Interactive reserves the right, within its sole and absolute discretion, to remove, or prohibit the display of, any information for any or no reason.
19. Section 230 of Communications Decency Act [contents]
You acknowledge and agree that H’Appile Interactive via WidgetBaby is an interactive computer service provider under Section 230 of the Communications Decency Act. Though H’Appile Interactive may edit, remove, or control the content displayed through WidgetBaby and provided to aid in the operation of its App, you agree that H’Appile Interactive will not be considered an information content provider and will not be held liable for the republication of defamatory or tortious content created by third parties, whether through the app or otherwise. H’Appile Interactive may, within its sole and absolute discretion, remove any user generated content for any reason and for no reason at all.
20. NO GUARANTEES – WARRANTY DISCLAIMER [contents]
H’APPILE INTERACTIVE PROVIDES WIDGETBABY ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ACCURACY.
PERFORMANCE AND AVAILABILITY MAY VARY.
H’APPILE INTERACTIVE WILL NOT BE HELD LIABLE FOR ANY DEFECTS, ERRORS, OMISSIONS, API OUTAGES, NETWORK ISSUES, BUGS, SERVICE INTERRUPTION(S), OR DOWNTIME AND MAKES NO GUARANTEE OF REMEDY OR SUPPORT FOR SUCH. EXACT FEATURE CONFIGURATION, APPEARANCE, AND AVAILABILITIES MAY VARY BY REGION, LOCALE, USER CONFIGURATION (e.g. CHILD USERS), OR APP INSTANCE.
SERVICE AND FEATURES ARE SUBJECT TO CHANGE.
ANY ATTEMPT BY H’APPILE INTERACTIVE TO MODIFY WIDGETBABY WILL NOT BE DEEMED TO BE A WAIVER OF THIS DISCLAIMER AND SHALL NOT BE CONSTRUED TO CREATE A DUTY OF CARE IN H’APPILE INTERACTIVE.
21. LIMITATION OF LIABILITY [contents]
USE OF THE SERVICE IS VOLUNTARY AND AT YOUR OWN RISK.
H’APPILE INTERACTIVE WILL NOT BE HELD LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY PERSONAL INJURY OR ANY CONSEQUENTIAL DAMAGES, UMBRAGES, INCIDENTAL DAMAGES, PUNITIVE DAMAGES, SPECIAL DAMAGES, EXEMPLARY DAMAGES, INDIRECT DAMAGES, OR LOST INFORMATION ARISING OUT OF THE USE OF WIDGETBABY AND/OR LACK THEREOF FOR ANY REASON, WHETHER PROPER OR IMPROPER, EVEN IF YOU HAVE OR HAVE NOT BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. H’APPILE INTERACTIVE DOES NOT ASSUME RESPONSIBILITY FOR ANY ERROR IN, OMISSION OF, INTERRUPTION OF, DELETION OF, DEFECT IN, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, OR ALTERATION OF ANY DATA OR SAVED GAMEPLAY. YOU BEAR THE SOLE RESPONSIBILITY TO PROTECT AND BACKUP YOUR OWN DATA, NETWORK, HARDWARE, SYSTEMS, SERVERS, SOFTWARE, COMPUTERS, PHONES, AND SECURITY. H’APPILE INTERACTIVE WILL NOT BE HELD LIABLE FOR ANY USER GENERATED OR THIRD PARTY CONTENT CONTAINED WITHIN WIDGETBABY, ANY THIRD-PARTY LINKS OR ADVERTISING ACCESSIBLE THROUGH WIDGETBABY, OR ANY PRODUCT LISTED OR PURCHASED THROUGH WIDGETBABY.
UNDER ANY CIRCUMSTANCES, YOU ACKNOWLEDGE AND AGREE THAT H’APPILE INTERACTIVE’S MAXIMUM LIABILITY UNDER THIS AGREEMENT WILL BE LIMITED TO THE AMOUNT THAT YOU PAID FOR YOUR USE OF WIDGETBABY. THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS LISTED IN THIS SECTION WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW, EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
22. INDEMNIFICATION [contents]
YOU AGREE TO INDEMNIFY, HOLD HARMLESS, AND DEFEND H’APPILE INTERACTIVE, ITS OFFICERS, MEMBERS, EMPLOYEES, AGENTS, AND DIRECTORS FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, DEBTS, LIABILITIES, DAMAGES, COSTS, OR EXPENSE, INCLUDING COSTS AND REASONABLE ATTORNEYS’ FEES, ARISING OUT OF OR IN RELATION TO YOUR USE OF WIDGETBABY AND/OR THE LACK THEREFORE FOR ANY REASON, YOUR VIOLATION OF A TERM OR PROVISION OF THIS AGREEMENT, OR YOUR VIOLATION OF THE RIGHTS OF A THIRD PARTY. YOU ACKNOWLEDGE AND AGREE THAT YOUR OBLIGATION TO DEFEND H’APPILE INTERACTIVE WILL NOT PROVIDE YOU WITH THE RIGHT TO CONTROL H’APPILE INTERACTIVE’S DEFENSE, AND YOU EXPRESSLY AGREE THAT H’APPILE INTERACTIVE HAS THE RIGHT TO DIRECT AND CONTROL ITS DEFENSE REGARDLESS OF YOUR OBLIGATION TO DEFEND H’APPILE INTERACTIVE. YOU AGREE THAT YOUR OBLIGATION TO HOLD HARMLESS, DEFEND, AND INDEMNIFY H’APPILE INTERACTIVE WILL SURVIVE THE TERMINATION OR FAILURE OF THIS AGREEMENT AND YOUR USE OF WIDGETBABY.
23. Assignment [contents]
You are expressly prohibited from assigning your rights or obligations under this Agreement without H’Appile Interactive’s prior written consent. H’Appile Interactive may assign its rights or obligations under this Agreement at any time, including but not limited to in a sale of the H’Appile Interactive business or in a sale of WidgetBaby.
24. Integration, Supersedence [contents]
25. Governing Law, Jurisdiction, and Venue [contents]
This Agreement and each of the documents contemplated by or delivered under or in connection with this Agreement are governed exclusively by, and will be enforced, construed, and interpreted exclusively in accordance with the laws applicable in the State of Pennsylvania. Each of the parties irrevocably consents to the exclusive personal jurisdiction of the federal and state courts located in Erie, Pennsylvania, as applicable, for any matter arising out of or relating to this Agreement; except that in actions seeking to enforce any order or any judgment of such federal or state courts located in Erie, Pennsylvania, where such personal jurisdiction shall be nonexclusive.
26. INFORMAL DISPUTE RESOLUTION, BINDING ARBITRATION [contents]
It’s never our intent or wish to have dispute with any party. WidgetBaby is a fun, joyful, and lighthearted Service. However, in the case of or extraordinary circumstance of dispute arising, it’s always our goal to resolve such as expeditiously as possible while respecting all parties. Thus, to the extents allowed by governing law, we will always seek to simplify and streamline any dispute processes as follows:
AS PART OF ANY DISPUTE UNDER THIS AGREEMENT, AND TO THE EXTENT ALLOWED BY GOVERNING LAW, YOU AND H’APPILE INTERACTIVE BOTH AGREE TO EXPLICITLY WAIVE RIGHTS TO ANY JURY TRIAL.
You and H’Appile Interactive agree that, to the fullest extent permitted by law, all disputes, controversy, complaint, or claim arising out of or relating to this Agreement, its enforcement or interpretation, or because of an alleged breach, default, or misrepresentation in connection with any of its provisions, shall be (1) first subject to a pre-arbitration period of 14 days of informal good-faith conversation between disputing parties to reach a suitable resolution or remedy complaint, and only then if a dispute still exists at the end of this period shall it proceed solely to (2) final and binding arbitration before the American Arbitration Association(“AAA”) in Erie County, Pennsylvania in accordance with the AAA Rules for Commercial Arbitrations “AAA Rules”. The arbitrator shall be selected by mutual agreement of the parties; if none, then by striking from a list provided by AAA and subject to the AAA Rules. The period of informal resolution (1) shall commence only once all involved parties are adequately notified of the dispute or matter at hand (either via certified mail or written/recorded acknowledgement), and then shall only continue to accrue while discussions are active. Notice may be provided to us via the details in section 33. Any communication(s) or requests during the informal period shall be responded to within 24 hours, and if not, accrual of the informal period shall pause until material response is received by the opposing party. A response must be material and cannot simply be to advance the period (1), e.g. must be “in good-faith”. UNTIL THE CONCLUSION OF THE INFORMAL RESOLUTION PERIOD (1) NO FORMAL LAWSUIT, CLAIM, OR ACTION MAY BE BROUGHT BY ANY PARTY.
Any arbitration (2) shall result in a written decision setting forth the essential findings and conclusions, which shall be final and binding upon the parties and shall be the exclusive remedy for all Arbitrable claims. The arbitrator shall have only such authority to award equitable relief, damages, costs, and fees as a court would have for the particular claim(s) asserted. The party prevailing in any such arbitration shall be entitled, in addition to all other relief, to reasonable attorneys’ fees relating to such arbitration. The non-prevailing party shall be responsible for all costs of the arbitration, including but not limited to, the arbitration fees, court reporter fees, etc.
THIS CLAUSE WILL NOT PRECLUDE ANY PARTY FROM SEEKING PROVISIONAL REMEDIES AND/OR THE ENFORCEMENT OF ANY POST ARBITRATION AWARD (WITH RESPECT TO ALL MATTERS OF SUBSTANTIVE LAW). ANY SUCH PROVISIONAL REMEDIES OR POST ARBITRATION ENFORCEMENTS WILL BE EXCLUSIVELY SOUGHT IN AND DECIDED BY A JUDGE IN EITHER THAT OF THE SEEKING PARTIES JURISDICTION OR THAT OF SECTION 25.
27. CLASS ACTION WAIVER [contents]
YOU AND H’APPILE INTERACTIVE AGREE THAT CLAIMS MAY ONLY BE BROUGHT ON INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. ANY RELIEF OR SETTLEMENTS (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) WILL ONLY BE PERMITTED ON AN INDIVIDUAL OR SINGLE ENTITY BASIS.
28. Additional Provisions; Severability [contents]
All rights granted/limitations set forth under this Agreement may not be waived by either party unless made in writing and signed by the party to be charged. Any attempt to waive such without will not be recognized. This Agreement is solely between H’Appile Interactive and you and will not confer any rights or remedies upon any third party, including third party beneficiaries, unless otherwise stated herein. A finding that any term or provision of this Agreement is invalid or unenforceable will not affect the validity or enforceability of this Agreement. Any term or provision of this Agreement that is found to be invalid or unenforceable will be reformed to the extent necessary to make it valid and enforceable.
YOU AND H’APPILE INTERACTIVE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE SERVICES PROVIDED UNDER THIS AGREEMENT MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUED. FAILURE TO ASSERT SAID CAUSE OF ACTION WITHIN ONE YEAR WILL PERMANENTLY BAR ANY AND ALL RELIEF.
29. Survivability [contents]
The following sections shall survive the termination of this Agreement: No Guarantees – Warranty Disclaimer; Limitation of Liability; Indemnification; Class Action Waiver; Communications & Feedback, Social Media Disclaimer; Assignment; Informal Dispute Resolution, Binding Arbitration; Integration, Supersedence; Additional Provisions; Severability; Survivability; In-App Purchases; Notice; Governing Law, Jurisdiction, and Venue; Ownership of WidgetBaby & Third-Party Intellectual Property Rights; Your Warranties, Representations, and Obligations.
30. Service Subject to Change [contents]
We love WidgetBaby and look forward to providing you years and generations of enjoyment! It’s never our goal to “sunset” or discontinue any portion of the Service or its components which would impact our current Users. We understand we have a commitment to all our Users, and we are extremely grateful and want to work tirelessly for you. As is the nature though of software and mobile games in the internet/app commerce space, WidgetBaby is always subject to evolution and change, new releases, policy changes, updates, etc. Our hope is always that any changes or modifications will enhance and bring added features, benefits, and new users to the Service. However, we do always reserve the right to discontinue or sunset any part or entirety of the Service, change regional availability, modify feature availability by audience (e.g. limiting features for Children’s Privacy), etc. in our sole and absolute judgements should we deem appropriate, consider best, or be required to. This aligns with our Warranty Disclaimer, as stated in section 20 previously, that we do not guarantee the availability of WidgetBaby or any features of at any given time and for any continuous duration. You therefore understand and accept this as a risk of using the Service, and you understand and agree you may not be entitled to any compensation or refund for any loss or impact as a result of. You understand such changes may be immediate and without notice. When able and/or required by law, etc. we will provide appropriate notices to all Users in any such event of planned and/or a foreseen significant disruption to the existing Service or features within.
31. Term and Termination [contents]
This Agreement remains in full force and effect, unless stated otherwise elsewhere in this Agreement, as long as you use WidgetBaby and/or have the App installed. You may voluntarily choose to leave and stop use of WidgetBaby at any time.
Notwithstanding this, H’APPILE INTERACTIVE MAY, WITH OR WITHOUT NOTICE, DELETE ANY DATA SUBMITTED BY YOU, SUSPEND AND/OR TERMINATE A USER’S PRIVILEGES, OR REMOVE A USER FROM WIDGETBABY IN ACCORDANCE WITH THIS AGREEMENT AND/OR YOUR VIOLATION OF ANY TERMS OR CONDITIONS OF. TERMINATION DOES NOT ENTITLE REFUND OR COMPENSATION.
32. Notice to California Users [contents]
Under California Civil Code Section 1789.3, WidgetBaby Users from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N112, Sacramento, CA 95834; by email at firstname.lastname@example.org; or by telephone at (800) 952-5210.
33. Notice under this Agreement [contents]
Any notice under this Agreement or other contact must be sent via certified mail to:
H’Appile Interactive, LLC
2711 Legion Rd.
PO Box 8184
Erie, Pennsylvania 16506
With a copy via email to: email@example.com
34. Copyright Policy [contents]
WidgetBaby, widgetbaby.com (“Website”), and all associated content and services (referred to collectively as the “Service”), with the exception of any assets or apis used under license rights by H’Appile Interactive, are © 2022 H’Appile Interactive, LLC (“H’Appile Interactive”).
H’Appile Interactive respects the intellectual property rights of others and is committed to helping third parties protect their rights. Users are prohibited from posting content that violates another party’s intellectual property rights. Unless otherwise stated, our Service and all content within are the property of, or licensed by, H’Appile Interactive and are protected by copyright and other intellectual property laws.
By using our Service, you agree that you will not use any devices, software or automated programs such as spiders, crawlers or robots to systematically index, aggregate, download, harvest or re-publish any of its content or information.
If you believe that a User or something in the Service has infringed upon your copyright rights, please provide H’Appile Interactive with a notice of copyright infringement in compliance with § 512 of the Digital Millennium Copyright Act. Once H’Appile Interactive receives a notice of copyright infringement in compliance with § 512, we will act with commercial reasonableness to remove or disable access to the allegedly infringing content. H’Appile Interactive will also make a good faith attempt to notify the owner or uploader of the allegedly infringing content. The owner or uploader may respond to H’Appile Interactive with a counter-notification if they believe the content subject to a notice of copyright infringement was not infringing any intellectual property rights.
The notice of copyright infringement must be in compliance with § 512 of the Digital Millennium Copyright Act and must also contain the following:
1) The physical or electronic signature of a person authorized to act on behalf of the copyright owner;
2) Identification of the copyrighted work(s) alleged to have been infringed;
3) The location of the copyrighted work(s) in the Service;
4) Your contact information, such as an address, telephone, fax number, or email address;
5) A statement that you have a good faith belief that the use of the allegedly infringing content is not authorized by the copyright owner, its agent, or the law; and
6) A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the copyright owner.
Conversely, if you are a user that believes that content subject to a notice of copyright infringement is not actually infringing, you may submit a counter-notification. The counter-notification must contain the following:
1) Identification of the specific materials that have been removed from the Service;
2) Your contact information, such as an address, telephone, fax number, or email address;
3) A statement, under penalty of perjury, that you have a good faith belief that the content was removed as a result of mistake or misidentification;
4) A statement that you consent to the jurisdiction of the federal district court in which your address is located or, if you are outside of the US, that you consent to the jurisdiction of the federal courts located in Pennsylvania;
5) A statement that you will accept service of process from the notifying party; and
6) Your physical or electronic signature.
Notifications of copyright infringement and counter-notifications may be submitted to:
H’Appile Interactive, LLC
ATTN: Copyright Officer
2711 Legion Rd.
PO Box 8184
Erie, Pennsylvania 16506
With a copy e-mailed to firstname.lastname@example.org
Registration Number: DMCA-1036912