Terms

Effective Date: January 31, 2021

v 3.2.5

 

Hi! We’re so excited you’re here and can’t wait to help you meet your new widget pet.

 

First things first though, let’s cover the terms of our Service.

 

The Service.

WidgetPet (referred to herein as the “app”, “service”, “platform”, “application”) is a software and technology based simulation game of virtual “pets”, i.e. “Widget Pets”. Our intent and mission is to provide a fun and engaging virtual widget pet experience.

 

Who are We.

WidgetPet is designed, owned, and operated by H’Appile Interactive, LLC, a Pennsylvania Limited Liability Company (referred to herein as “we”, “us”, “our”). H’Appile Interactive, LLC is an independent privately owned entity that operates in the mobile application and software development space. We’re always committed to providing you with the best user experience possible.

 

Our Terms.

To use our Service we require you agree to our terms of service and be at least 18 years old (or the legal age of majority in your jurisdiction if greater), or you be at least 13 years old (or the legal age to consent to personal data processing in your jurisdiction if greater, e.g. 16 years old in parts of the European Economic Area, 16 years old in California, etc.) and have a parent or legal guardian’s permission and consent/acceptance of these terms.

 

This is a legally binding “click-wrap” agreement and you must have the ability to enter into a binding agreement to continue.  If you do not agree to the below terms, you may not use the Service. By accepting these terms, you are making an affirmative agreement to all terms herein, stating you meet the age requirements outlined above, have the ability to enter into this legally binding agreement with us, and grant WidgetPet and/or H’Appile Interactive, LLC the permissions and rights outlined herein. YOU ASSUME RESPONSIBILITY FOR ALL USERS OF THE SERVICE ON YOUR DEVICE.

 

1 / DEFINITIONS:

 

“service” and/or “platform” and/or “app/application” as referred to within these terms includes the iOS, iPadOS, and/or MacOS based WidgetPet application, extensions, our website, and/or all affiliated backend servers and/or data architectures/infrastructures, services, apis, etc. Note: The service may be referred to in product description, itself, the app, or advertising and for purposes of this policy by one or more of the following names: WidgetPet, WidgetPet!, WidgetPets, WidgetPets!; all of which are the same service described in this policy.

 

“you” as referred to in these terms is meant to encompass the broad definition of a “user”. In some instances this may mean simply yourself as an individual and may in other cases encompass another individual, organization or group of individuals if you are representing such and advocating the use of the service in place of and/or on behalf of.

 

“pet(s)” as referred to in these terms is always in reference to one or more fictional and non-real life “widget pet(s)” within the service. Any singular reference or use of “pet” is assumed to apply to any and all widget pets in the service, and should be interpreted in the plural form as well for the case of use with multiple widget pets.

 

2 / ABOUT WIDGET PETS, SIMULATION DISCLAIMER:

 

Widget Pets” are virtual and simulated non-real “pets” in an entertainment and simulation environment. Any and all pet levels, actions, supplies, references, content, interactions within the app 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 a real-life pet, animal, or creature. You understand and acknowledge your widget pet is only a simulation and for entertainment and enjoyment virtually in our service and is not real. Likewise, any content such as reactions or sayings from your widget pet in the app, are also not necessarily meant to be interpreted as realistic or portraying real-life scenarios or actions of a pet.

 

3 / PUBLIC PET PROFILE/AVATAR & RIGHT TO MODERATE:

 

Some details about your widget pet we consider “public”. These include details such as your widget pet’s image, accessories, name, age, game play stats (wins, losses, etc.), etc. We store these details in a database for use with interactive game play features, shared pet avatars, etc. You acknowledge and understand this public profile/pet avatar may be shared with others and in the app in ways including, but not limited to, being displayed on the leaderboard and/or when you engage in live game play or “playdates” as described in the following section 4. Additionally, we may also display your pet’s public avatar or details as part of promotional marketing or advertising (i.e. in an app screenshot of the leaderboard in the app store, etc). You hereby grant permission for us to share and display this information in any way we deem appropriate and in interest of the service.

 

We take great care and are dedicated to keeping our service appropriate and fair/accurate for all users. As a result, you understand that we may also automatically and/or manually, and without notice, moderate the appearance/display of your pet’s (or pets’) public profile(s) (i.e. hide/modify/correct attributes of) if we deem they would be offensive or inappropriate to other users of the service (in our sole discretion and opinion). This may result in situations where your widget pet may not appear in game play and/or is not shown on the leaderboard or is marked as “Anonymous”. Additionally, we may also correct or resolve score inaccuracies or anomalies as we deem appropriate (i.e. leaderboard rankings, stats, etc) to keep the service fair and accurate in the interest of all users when necessary (at our sole discretion). Please contact support at support@my.widgetpets.com if you have questions or concerns.

 

4 / LIVE GAME PLAY, “PLAYDATE” INTERACTIONS:

 

The WidgetPet service and application may offer “live” and interactive game play with other widget pets or users. These “playdates” or game sessions (i.e. like Pet-Tac-Toe) allow you to engage in game play with other real life users via internet network connection.

 

These sessions are with randomly selected other pets who are also actively looking for “playdates”. You assume all risks of such interactions and play.

 

Live game play features may also require continuous and substantial network connectivity and transmission to facilitate their use. Loss of or poor network/data connection could hinder or disrupt game play experiences and result in loss of game or forfeiture. You accept all risks, results, and outcomes when engaging in live game play interactions. While we strive to make the game play environment as stable and responsive as possible, due to unforeseen circumstances or network conditions, erratic performance may occur sporadically.

 

We are not responsible for game play outcomes or results and/or erratic performances under any circumstances. However, if you do have a recurring problem or comment we’d be glad to work to resolve and improve!

 

5 / ADVERTISING, IN-APP PURCHASES:

 

Our service may use in app advertising. Advertisements are served by trusted and industry leading third parties. Since we only display and do not generate or make the ad content, and we do not preview or see ads ahead of time (they’re served on demand by design and per the third party api), we cannot be directly responsible for content in advertisements, and do not assume responsibility for such. For more information on advertising and your privacy rights please review our Privacy Policy.

 

At times we may also choose to present optional in app purchases to help enhance your use of the service and/or offer an ad-free or “paid” tier of use and/or additional features. We may also offer subscription based in app purchases that may auto-renew and you are responsible for monitoring and maintaining your subscription or canceling if you wish or stop use of.

 

All in app purchases are purely optional. You will never be charged at any time without your consent while using the app. While some added features and options in the app may require purchase, you will never be forced or obligated to make any purchase and always have the option to continue just using the app’s free set of features as long you like.

 

In-app products available for purchase are subject to price adjustments and/or promotional offers/giveaways based on market demands and/or at our sole discretion, at any time. If applicable, any recurring purchases or subscription price changes will be clearly communicated prior to change or renewal. All product prices are always listed in the app store under “Information/In-App Purchases” section and also shown in the app where and when the products are offered for purchase. Note: We do not offer price adjustments for any previous purchases.

 

The currently available in app purchases we offer are listed below for informational and understanding purposes. Your choice to purchase any of the following in app products during use of the service constitutes an understanding of the the product details as described below. All sales are final.

 

In-App Purchases Offered in the App Currently Include:

 

1)   Ad Removal: (One time purchase. Lasts Forever.)

   Removes all advertisements in the app.

 

2)   Expanded Pet Pack: (One time purchase. Lasts Forever.)

   Unlocks all the widget pets immediately

   Enables having multiple widget pets at the same time

   Unlocks one or more accessories and outfits for selected* widget pets

   Adds an expanded set of stories and reactions for all widget pets so you can learn even more about your pet’s adventures

 

*Not all widget pets support accessories currently, and those that do support are clearly marked as “Accessorizable” in the WidgetPet PetShop screen during pet selection.

 

Note on pets that have animations while in app – Pet animations are currently only supported within the app. The app “widget” extension does not currently support any animations.

 

3) Lifetime Immunity: (One time purchase. Lasts Forever.)

   Provides your pet (and any future pets you create) with lifetime immunity. This heals your pet instantly if they’re currently sick and then keeps them from getting sick ever again!

   PLUS as free bonus, get a level up action to use whenever you want. (Note: this level up action is a one-time free bonus on initial purchase and is non transferrable/must be used on the initial purchase device’s currently installed WidgetPet app.)

 

4) Care Pack: (60 Day non-recurring subscription. Expires after 60 days from date of purchase. Can be optionally renewed again by re-purchasing after expiration.)

   Automatically continuously refills and keeps your pet’s food and water full so you won’t have to worry about filling your pet’s food or water for up to 60 days!

   PLUS as free bonus, get a level up action to use whenever you want. (Note: this level up action is a one-time free bonus on initial purchase and is non transferrable/must be used on the initial purchase device’s currently installed WidgetPet app.)

 

 

6 / WIDGETPET COINS, IN APP CURRENCY:

 

WidgetPet may offer in app extras, like pet supplies, and care items for your pet. You may collect and use in app currency (i.e. WidgetPet coins) that are redeemable for pet extras and/or care actions during game play in the app. WidgetPet coins may be collected within the app in various ways such as receiving as gifts and/or winning playdate games with other widget pets. WidgetPet coins are not real currency or assets. WidgetPet coins have no monetary value or worth outside of the service and app itself. WidgetPet coins are non-transferrable and cannot be removed or transferred from any device or app instance, and must be used within the app instance and device they were initially collected on.

 

 

7 / GUARANTEES, QUALITY OF SERVICE, LIMITATIONS:

 

We always strive to provide the best quality service and user experience. We take our commitment to quality and the integrity of our service to our users very seriously. However, we make no guarantee of service availability at any given time and for any continuous duration. Periodically the service may undergo updates and maintenance that could disrupt or impact the service.

 

The service or application may experience bugs, crashes, or unexpected behavior that could cause interruption or temporary/apparent loss of functionality. We, the service, or application may also intentionally throttle and/or limit certain usages temporarily for excessive use and/or use that appears to be out of scope of normal use cases and/or which appears malicious in intent (in our sole discretion).

 

We are not responsible for any extended or indefinite service interruptions/impacts beyond our control such as third party api outages, network issues, acts of God, etc. We are not responsible for losses or damages incurred from such unforeseen service disruptions.

 

Under no circumstances are we required to provide a refund or any compensation for losses, unexpected service interruption(s), or limitations in service based on the above stated. However, we may choose to do so, at our discretion and choice, based on unique circumstances should they arise or we feel users were impacted unfairly on our behalf.

 

8 / BREACH OF TERMS, RIGHT TO TERMINATE, LIABILITY:

 

Use of our service is conditional to abiding to the terms of all sections of this agreement. At our sole discretion, WidgetPet and H’Appile Interactive, LLC reserves the right to suspend, revoke privilege(s) of, or terminate any profile, user, or activity for violation or breach of any of these terms of service, and/or for any other abuse of the service in any way deemed inappropriate by H’Appile Interactive, LLC.

 

H’Appile Interactive, LLC assumes no responsibility for use(s) of the Service that are in violation or breach of our terms of Service, and/or occur because of a user(s) false pretenses. If we determine of gain knowledge of such behavior, we may take appropriate action to protect our rights to the fullest extent of the law.

 

9 / YOUR RIGHT TO LEAVE THE SERVICE:

 

You have the right to leave the service or remove the app from your device and stop use at any time and for any reason.

 

10 / EFFECT OF TERMINATION, LEAVING, LACK OF USE:

 

Our termination of your use for breach of these terms, you leaving, or simply your stopping/lack of use of the service for any reason (voluntary or involuntarily), does not constitute any entitlement to, or our requirement to provide any compensation/refund/extension for previously purchased in app purchases, subscriptions, or loss of use to the service. It’s your responsibility to cancel and monitor any automatically renewing subscriptions you’ve purchased from WidgetPet that are linked to your Apple ID and/or iTunes account regardless of if you are still using, accessing, or have the service currently installed.

 

11 / DATA CONNECTION AND USE:

 

WidgetPet may use an internet and data connection for its service. You agree that WidgetPet may use and access network data services on your device (i.e. such as a cellular connection or wifi connection). Further, you agree and authorize WidgetPet to use and transmit/receive on this connection, at any and all times while able, without limit or restriction (other than those which may be configured or enforced by your device), for the purpose(s) of updating, maintaining, modifying, adapting, monitoring, rendering, creating, and/or facilitating/enabling any and all services, functionality, cloud databases/servers, etc related to WidgetPet and/or any third party frameworks such as advertising, analytics, etc. You understand that you are responsible for this usage and any service charges for such according to your cellular device plan or network provider.

 

12 / UPDATES, NEW RELEASES, PRODUCT EXPERIMENTATION:

 

We may modify or amend the platform and/or service at any time in order to improve user experience, comply with necessary industry requirements/guidelines, fix bugs, add new features, etc. We will make all efforts to ensure existing users are not impacted negatively, however we makes no guarantees of the indefinite existence of service features as they are subject to change and development over the lifecycle of application and platform evolution.

 

We also make no guarantee of the exact same performance or experience at any given time in any given installation of the Service. Specifically, we may test various product features and implementations from time to time. This may result in varying experiences of use and differing UI appearance/placements, prompts, or available features from one installation to another and/or within the same installation but at varying or different times and depths of use.

 

We do not assume any responsibility or compensation/reimbursement for your choosing to discontinue to use the service or its features at your discretion for any reason related to a new release or update.

 

13 / SOFTWARE, SERVICE OWNERSHIP:

 

H’Appile Interactive, LLC reserves All Rights to the proprietary content in and of the application/service that is not licensed or an api/framework integrated from a third party.  We reserve brand rights to our service and its associated trademarks, logos, name, etc.

 

All content within and of the application, including but not limited to graphics, icons, fonts, logos, etc. may be subject to copyright by third parties and/or WidgetPet.   WidgetPet maintains licensed use of such third party asset(s) for use in the WidgetPet application. Content may not, under any circumstance, be shared or transferred outside of the WidgetPet application by any user in any format (i.e. including but not limited to device screenshots, photographs, digital replications, etc.).

 

All users and any person(s) which downloads the WidgetPet application, and/or possess an installation of or interface/access to the service in any medium, are forbidden from attempting to reverse engineer, view source code of, decompile any part of or nature of the application, or hack into/modify any backend architectures/databases/application services outside the normal intended use of WidgetPet.

 

14 / VOLUNTARY USE, LIMITATION OF LIABILITY, HOLD HARMLESS:

 

Your use of the service is voluntary. You assume all risks.

 

WidgetPet and H’Appile Interactive, LLC and its associates, representatives, employees, owners, affiliates are not responsible for any loss(es), damage(s), injury(ies), burden(s), affliction(s), umbrage(s), or liability(ies) whether direct or indirectly occurred as a result of your (and/or any person(s) you assume/have responsibility for) use(s) of (and/or lack thereof), association(s) with, and/or advocacy(ies) of the service.

 

You agree to defend, indemnify, and hold harmless WidgetPet and H’Appile Interactive, LLC, and its associates, representatives, employees, owners, affiliates for any loss(es), damage(s), injury(ies), burden(s), affliction(s), umbrage(s), or liability(ies) arising from your (and/or any person(s) you assume/have responsibility for) use(s) of (and/or lack thereof), association(s) with, and/or advocacy(ies) of the service.

 

15 / COMMUNICATIONS & FEEDBACK, SOCIAL MEDIA DISCLAIMER:

 

Any communications to and/or with H’Appile Interactive, LLC initiated by you in the app, and/or via email, and/or in any other form, that are related to the Service, are done at your own risk and choice. Any ideas and/or expressions you make via such forms of communication to us do not entitle you to any automatic ownership or stake in such. We’re always working to improve WidgetPet and our Service, and may have new features/updates planned for the Service evolution that are not publicly promoted or known yet. We also always appreciate any feedback so we may continue to grow and serve you best. You understand, however, that anything you provide to us via such feedback you are hereby granting worldwide perpetual royalty free license to us and release all rights to, such that we may use and develop on for our own interests.

 

Likewise, anything you post and/or share/promote on social media or in public in regard to our Service does not entitle you to any compensation or automatically associate you with H’Appile Interactive, LLC or the Service (unless otherwise formally documented and agreed upon in some other contract outside this agreement with us). You take these actions at your own risk and your own will.

 

16 / OUR RIGHT TO UPDATE TERMS, NOTIFY:

 

You understand these terms and policies are subject to change and may be updated or amended at any time. Where applicable, the latest version of the terms always covers and applies to all instances of the service, regardless of the version of the service in use. We may update terms to make them more clear, complete, and/or when something in the service changes, features are added or removed, etc. We respect your right to review changes and we take effort to make users aware of updated terms. However, we are not responsible for your voluntary choice to terminate service/loss of use as a result of refusing to accept such updated terms or policies (including our privacy policy).

 

17 / SUPERSEDENCE

 

If you’ve previously agreed to a prior version of these terms and are an existing user of the service, then these terms shall supersede and replace any previously agreed upon terms, and be effective from your initial date of terms agreement on the service.

 

18 / DISPUTE RESOLUTIONS, WAIVERS:

 

In the event of a dispute to these terms, you agree that the dispute shall first be mediated for at least 8 hours by a neutral third party and with negotiated discussions. Disputes that are not settled in mediation shall be settled in a legally binding arbitration process. Any arbitration proceedings or awards necessitating enforcement will be handled and decided by a Judge; jury trials are waived. As part of this agreement you further waive rights to bring any class action suits whatsoever against WidgetPet, H’Appile Interactive, LLC, or its owner(s) or representatives.

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