WELCOME ON WEBAPPEEL

The present Terms of Use are important and regulate the relationship between you and Webappeel and because these terms have an impact on your rights and legal obligations. So we beg you, before entering the wonderful world of “… And what if I were a Midge”, to take a moment and read carefully the present Terms.

TERMS OF USE OF “… AND WHAT IF I WERE A MIDGE”

Webappeel offers a service in yearly subscription (or fractions of a year) with personalised functions (the "Service") which allows the User (in the following and in interchangeable way "You" or the "User") to access a web platform containing all the material given (below “The Content”), consisting of: 156 experiences of immersive digital adventure (3 par a week) with a different animal for every single appointment, its images, almost always its sound, its main characteristics and some particular curiosities, 156 tales (3 par a week) each with its own teaching; it’s possible to connect to the previously mentioned platform through a link that is sent to the User via e-mail and through this link it will be possible to begin a new adventure and, when the adventures will unlock gradually, you’ll have access to the previous adventures.

Registering with an account, and with a subscription plan on Webappeel, buying and/or redeeming a Gift Card, downloading, accessing and/or using the app of “… And what if I were a Midge” or the web site of Webappeel, using additional services or products provided  by Webappeel or else accessing or using the Content, or any of the functions of “… And what if I were a Midge” or the functions provided by Webappeel depending on the case, the User stipulates a binding agreement with Webappeel and agrees with and accepts to comply with the present “Terms of Use”. The User also recognises and accepts that Webappeel treats its personal informations in accordance to Webappeel’s Privacy Policy.

The present Terms of Use describe the conditions on the bases of which the Service is available to the User and substitute previous terms and conditions and previously agreed. Accepting these Terms is a requirement for the access and use of the Service by the User. Accepting these, the User agrees and accepts that Webappeel may end the present agreement or suspend the access to the Service by the User in any moment and without previous communication if the User doesn’t respect any of the same dispositions. If the User doesn’t agree with the Terms (as defined below) the User won’t be able tu use the Service nor access or consume any Content provided by Webappeel.

Furthermore, additional terms of use may apply to some parts of the Service for example regarding additional terms and conditions for additional services or other activities, or for certain additional content, regarding separate subscription plans, products or softwares accessible via the Service. If more terms or conditions were to be requested, these will be communicated to the User in connection with the concerning new activities or products. Any additional term or condition provided by Webappeel are an addition to the present Terms of Use, and, in case of conflict, will prevail on the present Terms of Use.

The present Terms of Use, Webappeel’s Privacy Policy and any additional term or condition and/or integrative from Webappeel are from here on indicated as "Conditions".

The current version of the Conditions can be found in any moment via Webappeel’s web site.

1. Age Limits and Account Admissibility

1.1.

In order to be admitted to adhere to the Terms and create an account or subscribe to one of Webappeel’s subscription plans the User must:

• have at least eighteen (18) years and/or else have the authorisation and the legal authority to stipulate the present agreement according to the laws of the country in which the Service is made available to the User;
• accept to be bound to the Conditions.

1.2.

The User must also provide Webappeel with accurate informations about himself when registering an account with us and provide accurate contact informations and a valid payment method. Accepting the Conditions and providing these informations are a requirement to access and use the Service by the User. If the User doesn’t agree on the Conditions, the User won’t be able to use the Service or its functions and functionalities nor consume any Content provided by the Service.

Considering the fact that the final users of the service will be, besides the relatives and the parents, minors, to access the service and to use the informations that Webappeel requires, to adjust the Service to that/those minors (in case of brothers and/or sisters), using his/her/their personal informations in accordance to the art. 8 of the EU Regulation n. 679/2016 as well as in accordance to art. 96 of the c.p. law on Copyright /L. 633/1941) - name, surname, date of birth, gender, favourite animal, personal images - that at least one of the two parents exercising the parental responsibility, by agreeing to the present general conditions of contract takes the responsibility to concede the use of the minor informations, that, based on the Privacy Policy expected in its specific position in the section below, will be used only and exclusively for that specific Service and directed only and exclusively to those that have accepted the present policy and the related general conditions of contract.

2.The Service

2.1.

Webappeel provides a personalised digital subscription service (which name is “… And what if I were a Midge”) through which the User receives a link to access a platform containing all the provided material, made of 156 adventures (3 par a week) whose content provides a different animal for each adventure, its photos, its sound, its main characteristics and some particular curiosities, 156 tales (3 par a week) each with its own teaching; you’ll be able to connect to the platform through a link that is sent via e-mail to the User and through it  you’ll be able to begin a new adventure and, when the adventures will unlock gradually, you’ll have access to the previous adventures. In addition, the Service includes tips, messages, and personalised functions developed and modified specifically for the User to improve its experience as a user. Webappeel can also time by time offer access to various kind of forum social media, that can be open to public or not, to further improve and enrich the User experience. Unless it’s differently agreed in any integrative condition or to the senses of a subscription plan provided by Webappeel to the User that the User accepted, the Service, as described above, can be exclusively used for personal non-commercial use by the User in accordance to the Conditions.

2.2.

To use the Service, the User has to use an internet connected device, compatible with Webappeel’s technical requirements and has to provide us the choice of the User’s payment methods accepted by Webappeel and in that usable time by time. For a complete and updated list doc the technical requirements to use the Service and a list of the payment methods currently accepted please refer to Webappeel’s web site. Webappeel reserves the right to modify the technical requirements to use the Service and to change, or add or remove the payment methods time by time. Webappeel will do its best to communicate the User, via e-mail or push notification from inside the Service, any modification that could limitate the technical capacity of the User when using the Service. This notification will be sent not later than thirty (30) days before the change comes into effect. Webappeel reserves the right, in any moment, to add or remove payment solutions without any prior notification to the User.

3.Subscription Plans

3.1.

Webappeel reserves the right, at its exclusive discretion, to offer the Service through different types of subscription plans, which can indicate and include in non-exhaustive ways: promotional plans.

3.2.

Webappeel reserves the right, at its exclusive discretion, to add new plans, remove existing plans or modify any function or functionality of these subscription plans occasionally. If this modification will materially have influence on an existing subscription plan to the detriment of an other Subscriber, the Subscriber will be informed of the same and will have the possibility to end the Service in accordance to the section 12 of the present Terms of Use.

3.3.

Please refer to  Webappeel’s web site www.webappeel.com for updated informations on prices and on any type of subscription plan offered time by time. Inside the site the User will also find a presentation of the subscription plan(s) available at the moment and the corresponding integrative conditions (any specifically restriction included) that the User, to access this plan, will have to accept separately.

3.4.

Informations about the current User’s subscription plan are available accessing the User’s account on Webappeel’s web site (accessing to your own account of “... And what if I were a Midge” with the User’s username and password).

3.5.

In case the User were to initially choose the yearly fractioned subscription, the same will be able to modify its subscription plan by giving communication to Webappeel within 5 days before the expiry of the current month. The subscription change will be effective from the day after the one in which the communication from the User will be sent and the same will be registered by Webappeel.

4. Prices and Payments

4.1.

Webappeel collaborates with third party suppliers of payment services through which all Your payments will be made.

4.2.

The subscriptions are payed time by time in advance for the fraction of years and are renewed (no subject to tacit renewal), that is in a single solution at the time of the subscription if it’s about a yearly subscription.

As already written in the previous point 3.5, if a User has subscribed a subscription of a  year’s fraction, the same can change it in yearly if in the 5 days preceding the end of the period of the same subscription, communicates its will to subscribe an yearly subscription.

For what concerns the timing of the payments for year’s fractions, the User will be charged once every few days depending on the year’s fraction, starting from the date when the User activated its subscription.

In some cases, the date in which the User is charged will change, for example, if it’s impossible to verify the validity of the informations regarding the payment method selected by the User such as its details of the credit card.

For the yearly subscribers, the payment will occur in a single solution at the time of the subscription.

4.3.

The prices of the subscriptions are shown on Webappeel’s web site. All the prices are inclusive of the Value Added Tax (VAT). The payment can be made via credit/debit card or the other payment methods (included in on-exclusive way the in-app payments) of which Webappeel may inform the User in any moment. Regarding the credit cards, Webappeel may reject or block the credit cards that are not issued in the country in which the Service is offered to the User. Webappeel also reserves the right in any moment and at its exclusive discretion to deny some types of credit cards.

4.4.

In case of missing or delayed payment, Webappeel reserves the right to suspend or deny the access of the User to the Service. If this were to happen, please access Webappeel’s web site with your username and password and reactivate your subscription from the inside of your account of “… And what if I were a Midge”. In case of delayed payment Webappeel is in any case legitimised to charge to the User reasonable default interests, reminder fees, and where applicable, the legal fees for credit recovery.

5. Gift Voucher

5.1.

Webappeel offers the possibility to buy the access to the platform through the Gift Voucher formula. It’s important to specify that at the time of the purchase of the Gift Voucher to the buying User no information about the minor to whom the Gift Voucher is dedicated will be asked, because the only ones that will be able to insert these informations will be those exercising the parental responsibility on the minor, that subscribing the relative form to access the platform take responsibility for the use of the same, for that please refer to the Privacy form attached to the present conditions.

When registered as a Subscriber with a Gift Voucher of Webappeel, the User agrees with and accepts the Conditions under the same terms of a subscriber paying the Service, except for the dispositions in the previous paragraph.

6. Cancellation during the cooling-off period

6.1.

At the time of registration as a Subscriber to the Service, regardless of which subscription plan is selected, the User has the right to have a cooling-off period of fourteen (14) days according to the Legislative Decree Nr. 206/2005 (the “Italian Consumer Code"). The cooling-off period runs from the date of the subscription if the latter is a yearly subscription.

6.2.

If the User wanted to cancel the Service during the cooling-off period, we recommend to the User to communicate us this using the form available on Webappeel’s web site and to send it from the e-mail address associated with its account. However the User can use any other means to communicate to Webappeel the will to cancel the purchase during the cooling-off period. The amount paid will then be accredited to him within fourteen days from the day on  which Webappeel has received your communication.

7. Intellectual Property Rights

7.1.

The Service (that contains, in exemplary but non-exhaustive way, all the characteristics of the 156 animals – 3 par a week - identified in both a correct language for children in the 3-5 years range and in a correct language for children in the 5-8 years range; 156 tales – 3 par a week - inserted in every adventure and with the main animal of the day as the protagonist and including, with each tale, a different teaching; the possibility for the child to live the adventure “transforming” in the animal of the day, to listen to its sound and to reproduce it) is protected by the legislation on copyright and intellectual work belonging to Webappeel and contains the property protected by the copyright of our licensees or licensed, and all the commercial brand, service brand, business names, distinctive signs and other intellectual property rights related to the Service or the Content made available for the User inside the Service are of our exclusive property, of our licensees or licensed or of the affiliated companies. Except what expressly agreed in writing, no element of the Service or its contents can be used or exploited in a different way from that in which the Service is offered to the User according to the present Conditions. The full and complete ownership of the Service and all the intellectual property rights assigned here remain to Webappeel. We don’t transfer to the User any right or title on parts of the Service nor rights or titles on parts of the relative content made available to the User as part of the Service. Nothing of what is provided by brands owned or granted in licence by Webappeel is to be considered as a warranty, implied or of other nature, of licenses or rights of use of the commercial brands shown to the User as part of the Service.

8. Content and Software License

8.1.

The Service is conceived in a way to allow the User to use the platform of “... And what if I were a Midge”, its content, the virtual elements or or other materials owned by Webappeel. With the present document we concede to the User a limited license, revocable, non-exclusive, non-transferable in sub-licence nor transferable of access and use of the Service’s platform, of its contents, virtual elements or other material only for personal and non-commercial use by the User.

8.2.

The User acknowledges, ensures and accepts that the User himself, or whoever the User will grant the access to the Service to using its account, will not copy, reproduce, duplicate, modify, create derivative works, show, publish, distribute, spread, transmit, sell, loan, lease, sub-licence, spread to third parties or else will abuse for whatever purpose (commercial or of any other nature) of the material and/or part or the totality of the Service without the explicit written Webappeel’s consent or instead except when expressly permitted by the mandatory applicable law.

8.3.

The User also acknowledges, ensures and accepts that the User himself, or whoever the User will grant the access to the Service to using its account, will not: (1) redistribute, bypass or disable the content protection service or the digital rights management technology used in the Service; (2) decompile, submit to reverse engineering, disassemble or else reduce the Service to a human readable format; (3) remove identification information, copyright or property notifications; or (4) access or use the Service in an illegal way, unauthorised or such as to suggest an association with our products, services or brands.

8.4.

The present section 8 also applies to whoever has access to the Service.

9. Duration and Termination

9.1.

Except what expected by the previous art. 6 that here is recalled entirely, as soon as the User has registered its account on “... And what if I were a Midge” and has subscribed to become a subscriber in a fraction of the year or annual according to a subscription plan, the subscription of the User to “... And what if I were a Midge” will continue from a year’s fraction to the next one until it will be ceased by the User or by Webappeel. Unless the User will not delete its own subscription the User authorises us to charge him the subscription commission of the next period according to the Conditions and based on the payment method that the User has selected and registered on Webappeel when the User subscribed to the Service, or else based on its following instruction for us.

9.2.

To withdraw from the Service before adding a new fraction of the year to its subscription, the User must revoke the subscription not later than fifteen days before the beginning of the new fraction of the year, or else, the subscription will continue and the User will have to bear an other payment before being able to withdraw from the Service.

9.3.

To erase the subscription, please visit Webappeel’s web site www.webappeel.com . The User can also withdraw from the Service contacting Webappeel by other means.

9.4.

In addition to the termination rights of Webappeel provided in the previous articles, Webappeel has the right to cease or restrict the use of the Service by the User with immediate effect if it had reason to suspect that the User (or whoever the User will grant the access to the Service to) has violated the Conditions or any other applicable law, rule or legislation. This finds its application even if the User uses the Service in fraudulent way or in a way that may cause a damage to Webappeel or to third parties.

10. Rights and Responsibilities of Webappeel

10.1.

Contextually to the Service provision, Webappeel can contact the User via postal mail, phone, SMS, MMS, e-mail or directly in the scope of the Service to inform him about the functionalities (included sending reminders on credit cards expiring dates) and about the contents of the Service. Except where the User has denied such form of contact, where applicable, Webappeel can also communicate to the User via postal mail, phone, SMS, MMS, e-mail or directly in the scope of the Service eventual promotions or activities, products and similar events regarding the Service.

10.2.

All the communications between Webappeel and the Subscriber must respect Webappeel’s Privacy Policy.

10.3.

Webappeel is not responsible of eventual interruption to mobile networks or to the Internet provider service.

10.4.

The Service is available 24 hours on 24, seven (7) days a week. However, Webappeel doesn’t grant that the Service will always be without errors or interructions. In case of breakdowns or interruptions to the Service, Webappeel will be able to correct such anomalies without it subsisting in a violation of the contract, or else of the Conditions. Webappeel has also the right, with the due motivation, to interrupt the Service, for example to execute  upgrade or maintenance interventions.

10.5.

Webappeel has the faculty to transfer the entirety or part of its rights and obligations to third parties according to the present Conditions. Webappeel has lastly the right to involve sub-providers to fulfil its obligations according to the present Conditions. Any modification of such nature, that could influence the treatment of the User’s personal information, must be managed respecting Webappeel’s Privacy Policy.

10.6.

Webappeel can, at its only discretion, realise modification to the Conditions. In case of material modifications, this will be communicated to the User for ex. showing a communication in the Service or sending to the User an e-mail, an SMS or a push notification via the  Service not later than thirty (30) days before the modifications produce an effect. In some cases we’ll ask the User’s explicit consent and in some cases we’ll communicate this previously to the User and the continuative use of the Service by the User will constitute its acceptance of the modifications. So it’s important that the User reads carefully any communication or message from us. Whenever in any moment the User wished  to interrupt the use of the Service because of updates or modifications to the Conditions the User will be able to cease his subscription in any moment following the instructions identified in section 9 of the present Terms of Use.

11. Rights and Responsibilities of the User

11.1.

Unless differently required by any applicable integrative condition, the Subscriber can use the platform of “... And what if I were a Midge” exclusively for its private non-commercial use. The details of the User’s account (including in non-exclusive way the login details) are personal and can not be shared with others.

11.2.

The Subscriber is committed to not bypassing or trying to bypass the technical limitations or other limitations implemented to prevent the reproduction of the Service’s Contents and to not copy, entirely or in part, the Service’s contents, not even for private use except for the rights granted by the law.

11.3.

The User acknowledges and accepts that its access and use of the Service must respect the Conditions. The User also acknowledges and accepts the same for all those the User has granted the access to the Service to with its account. The User can grant the access to any other User only according to the Conditions.

11.4.

If the User remains offline from the Service for a period of thirty (30) days or more and ha s temporarily downloaded contents from the app, Webappeel can ask him to access to the online Service to ensure that the User still has an active subscription and to update the Service’s Content. If the User refuses, Webappeel reserves the right to suspend the further use of the Service until it will be verified that the User still has an active subscription on Webappeel. Without the verification of such subscription, Webappeel can, at its exclusive discretion, extend the suspension of the Service or delete the User’s subscription.

11.5.

The User is required to ensure that informations given at the time of registration and the personal information communicated to Webappeel, including its own e-mail address, are correct. The User must inform Webappeel of eventual modifications to the information given, especially to its own e-mail address. Any e-mail sent from Webappeel to the address given by the User is to consider received by the User within two (2) days from the sending.

11.6.

The User is responsible for the maintenance of the control on its account, to prevent unjustified accesses to the Service and to not reveal its own password or an other personalized detail associated with the account for the entire duration of the subscription to the Service.

11.7.

Referring to your own reviews written on forums that will be activated to consent to the User to help us enhance the product’s quality, the Subscriber is responsible to ensure that its opinions are expressed according to the applicable law and to the respect towards others and must not use words or phrases that may be sensed as discriminatory or uselessly offensive or questionable in eventual forums associated with Webappeel. It’s also up to the Subscriber to commit to not post, use or share intellectual properties belonging to third parties nor post, use or share contents or comments interpreted or interpretable as illegal, for ex. defamatory contents, materials representing or that may lead the thought to sexual harassments or hate manifestations online.

11.8.

The Subscriber can not transfer its rights and obligations according to the Conditions, unless explicitly written consent from Webappeel.

11.9.

The Subscriber can not use the Service in any way that causes or may concretely cause an interruption, damage or compromise of the Service. The User acknowledges to be the only responsible (and not Webappeel) for all the communications and the electronic contents sent from its own device and to have to use the Service, its own device and our website and eventual forums provided by Webappeel, both inside and outside the Service, appropriately and for legal purposes only. Consequently, the User agrees not to use the platform for fraudulent purposes or in correlation with criminal actions or with other illegal activities nor to send, use or re-use material not owned by him or that results illegal, offensive (as a non-exhaustive example sexually explicit contents or that promote racist acts, hate or physical damages), deceptive, misleading, insulting, indecent, harassing, defamatory, slanderous, obscene, pornographic or that violates copyright, registered brands, privacy rights, privacy or other private informations or rights or else that is offensive for third parties.

11.10.

Whereas the Service or any part of it results incorrect or fallacious, the User must immediately contact Webappeel using the specific form present on Webappeel’s website, to send to the e-mail address provided in the account or by other means ordinarily used to communicate with us or to file a complaint.

12. Contracting party

12.1.

The Service is provided and made available to the User according to the Conditions by Webappeel S.r.l., an italian limited liability company registered to Turin’s Business Register at the number TO – 1286418, with F.C. and VAT N. 12391190019 and having its registered office in Legnano Street n. 27 Turin - Italy. To contact us or our Customer service department, please send an e-mail to support@webappeel.com.

13. Various and possible

13.1.

The Service is provided to the User only for the non-commercial purpose of entertainment, information and similar purposes.

13.2.

The Conditions are disciplined and compiled according to the italian laws, excluded the application of the principles on law’s conflict. However, the Conditions don’t limit the rights of consumer protection exercisable by the User according to the effective laws in your country of residence, if different from the italian ones.

13.3.

In case of controversy between Webappeel and the Subscriber, the parts must try at first to resolve the controversy searching an agreement. If this is not possible, any controversy related to the present contract has to be resolved by the National Commission for Consumer Disputes, in the measure in which such commission is qualified to examine the matter.

13.4.

Also, the European commission provides a web site for the online composition of the disputes, finalised to help the consumers and the operators to resolve their controversies in out-of-court environment. The site is: http://ec.europa.eu/consumers/odr/.

13.5.

If the User isn’t satisfied by the Service, the related content or the present Conditions, he can’t do anything but cease to access or use the Service.

13.6.

Concrete projects are introduced in collaboration with the Give A Drop association (see ….)

where € 1 donated = € 1 arriving at its destination.

Webappeel will donate part of the profit following the following criterion:

1. during the registration phase, the Customer expresses a preference by assigning his vote to only one of the projects present in the donations section
2. at the end of each reporting period, all the votes received will determine the percentages to be allocated to the listed projects
3. Each project has a pre-determined goal in terms of the amount to be achieved
4. Once the objective is achieved, the project will benefit from the sum necessary for its implementation and will give way to a new project that will replace the outgoing project

An example:

Project 1: 30.000€ for its purpose

Project 2: 5.000€ for its purpose

Project 3: 60.000€ for its purpose

Project 4: 50.000€ for its purpose

Project 5: 15.000€ for its purpose

WEBAPPEEL allocates in the first reporting period 70.000€ and, based on the number of votes, each project obtains the following percentages (that will be applied to 70.000€):

Project 1: 10% = 7.000€ out of 30.000€ for its purpose

Project 2: 8% = 5.600€ out of 5.000€ for its purpose (the project is 100% completed and gives way to another project. The remaining €600 is redistributed to the remaining projects based on their percentages re-proportioned to 100%)

Project 3: 50% = 35.000€ out of 60.000€ for its purpose

Project 4: 20% = 14.000€ out of 50.000€ for its purpose

Project 5: 12% = 8.400€ out of 15.000€ for its purpose

The € 600 will be divided according to the new % without the project that has achieved the goal:

326€ on project1 (54%); 131€ on project3 (22%); 78€ on project4 (13%) and 65€ on project5 (11%)

13.7.

For more information about the Service or for the assistance related to one of its functions or to Your account, contact: support@webappeel.com.

Webappeel S.r.l.