This End User License Agreement (subsequently referred to as “EULA”) constitutes a binding agreement between You and Marshmallow Games SRL, located at Via Giovanni Di Cagno Abbrescia, 17/B-C, 70126, Bari, Italy (hereafter referred to as “Marshmallow Games” or “Company”). It covers your usage of the applications supplied by Marshmallow Games that you have installed, including all related updates and enhancements to such applications (subsequently referred to as “Application”).
The management, utilization, and sharing of Your data, including personal data, fall under our privacy policy, which is accessible online at https://www.iubenda.com/privacy-policy/96176566 (henceforth referred to as “Privacy Policy”). This policy is integrated by reference into this EULA.
By installing, utilizing, or accessing the Application in any manner, You are consenting to the terms of this EULA. Should You disagree with the terms of this EULA or choose not to be bound by them, we ask that you refrain from installing, using, or accessing the Application.
LIMITED LICENSE GRANT
Through the download, purchase, or use of Smart Tales, You are acquiring and Marshmallow Games grants you a personal, revocable, limited, non-sublicensable, non-exclusive, and non-transferable license to install and use the Application for your own non-commercial use, subject to the limitations as defined in this EULA. The Application is being licensed to You, and You acknowledge that no title or ownership of the Application is being transferred or assigned to You, and that this EULA is not construed as a sale of any rights of the Application. Your rights granted herein are subject to your compliance with the terms of this EULA, and You agree not to use the Application for any other purpose. Any commercial use is prohibited. Marshmallow Games reserves all rights not expressly granted to You in this EULA.
LICENSE LIMITATIONS
Any use of Smart Tales in violation of this EULA and these License Limitations is strictly prohibited and can result in the immediate revocation of your limited license and may trigger your liability for violations of law.
Unless You have received prior written approval from Marshmallow Games, You agree not to:
Marshmallow Games reserves the right to determine, in its sole discretion, what constitutes a violation of this EULA. Additionally, Marshmallow Games reserves the right to take appropriate actions as a result of your violation of this EULA, which may include, but is not limited to, restricting your usage of Smart Tales.
We may offer free trials at our sole discretion. If the Application is provided to You for trial use for a limited period of time or number of uses, you agree not to use the Application following the expiration of the trial period. This trial version is intended to give you a preview of the Application’s features and functionalities. Upon the completion of the trial period, unless you cancel before it ends, you will be charged the applicable subscription fees (if any) for your use of the Application, allowing continued access to the full range of features.
Occasionally there may be information in the Mobile Application that contains typographical errors, inaccuracies or omissions that may relate to availability, promotions and offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Mobile Application or on any related Service is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Mobile Application including, without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Mobile Application should be taken to indicate that all information in the Mobile Application or on any related Service has been modified or updated.
Although Smart Tales is free to download, it offers subscriptions (hereinafter referred to as “Subscription”), which enable You to access all features and premium content of the Application. By signing up for a Subscription, whether such Subscription is weekly, monthly, quarterly, yearly, or otherwise, You agree that your subscription will be automatically renewed and, unless You cancel your subscription, You authorize us to charge your account for the renewal term. The period of auto-renewal and the price of subscription will be the same as your initial subscription period and price, unless otherwise disclosed to You at the time of sale. If you have purchased your subscription through the Application You can manage your subscription in your app store account settings. If you have purchased your subscription through external websites, you can manage and cancel your subscription and any automatic renewals at any time following the instructions in your subscription purchase or renewal confirmation emails, or by following the instructions in the applicable support page of the Application. You should be aware that deleting the Application from your device does not result in the cancellation of your subscription.
If you have begun a subscription period and you then decide to cancel your subscription during such period, you will not receive a refund for the fees you already paid for such subscription period, and you will continue to be able to use the Service for which you subscribed until the end of such subscription period. If you are a consumer resident in the European Economic Area, you may exercise your statutory right of withdrawal within 14 days of signing up for or upgrading to subscription in your account settings with the App Marketplace, according to the policies of each App Marketplace.
While Marshmallow Games is not obligated to provide updates, new features, or additional content for Smart Tales, and does not guarantee that such content or features, once added, will be available indefinitely, if we choose to add new content or features, they might be, unless otherwise indicated, available to subscribers at no additional cost. Premium users who subscribe acquire the license to view and download contents onto their devices for offline viewing. These contents remain accessible to paying users as long as their subscription is active, even if the Application is removed from application stores (either by Marshmallow Games, third parties, or due to any other cause). It is the user’s responsibility to maintain these downloads.
Subscriptions are subject to the payment terms and conditions of the third-party payment processor (e.g., Stripe) or mobile platform (e.g., iOS Platform, Android Platform, etc.) from which You make your purchase. Marshmallow Games does not control or manage the payment process. Please review the relevant terms and conditions of the applicable platform provider before signing up for any Subscriptions.
ALL PURCHASES ARE FINAL. YOU HEREBY ACKNOWLEDGE THAT MARSHMALLOW GAMES IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED SUBSCRIPTIONS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY, UNLESS OTHERWISE REQUIRED BY APPLICABLE LAW.
This EULA is effective from the date You install or start using Smart Tales and remains enforceable until terminated. You may terminate this EULA at any time by uninstalling the Application. This EULA will automatically terminate without notice from the Company if You do not comply with any terms of this EULA.
Uninstalling the Application does not result in a reimbursement of the amount paid for the Subscription. Marshmallow Games reserves the right to discontinue this EULA, at its discretion, or request that You remove the Application from your device for any reason including, but not limited to, Marshmallow Games’ reasonable belief that You have violated the terms of this EULA. Immediately upon termination, You must cease all use of the Application and destroy any copies of Smart Tales in your possession or control.
Termination does not restrict any of Marshmallow Games’ other rights or remedies in law or equity. If any of the platforms restrict the use of Smart Tales on your device pursuant to your agreement with such platforms, any associated license rights with Marshmallow Games shall terminate as well.
Except as expressly licensed to You in this EULA, Marshmallow Games reserves all rights, title, and interest in Smart Tales. This license is limited to the intellectual property rights of Marshmallow Games and does not extend to any other intellectual property or patents.
Marshmallow Games maintains all rights, titles, and interests in its intellectual property, whether registered or unregistered, in the Application, excluding the copyright of third-party technology. Smart Tales software is protected by applicable laws and treaties worldwide.
The Application may allow access to Third-Party Services and may display or include materials from third parties, as well as provide links to Third-Party Services or Materials. While using Smart Tales, you acknowledge that the Company is not responsible for examining or evaluating the content, accuracy, completeness, or legality of such Third-Party Services or Materials. We do not warrant, endorse, and are not liable for any Third-Party Services or Materials, provided solely for your convenience.
You agree not to use any third-party materials in a way that infringes or violates the rights of any other party and acknowledge that Marshmallow Games is not responsible for any such use by You. You agree to use any Third-Party Services or Materials associated with the Application at your own risk and are responsible for compliance with any applicable laws. Marshmallow Games reserves the right to change, suspend, remove, or limit access to any Third-Party Services or Materials at any time.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, SMART TALES IS PROVIDED TO YOU “AS IS”, WITH ALL FAULTS, WITHOUT ANY WARRANTY WHATSOEVER, AND WITHOUT ANY ASSURANCE OF PERFORMANCE OR GUARANTEES OF ANY SORT, YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE LIES WITH YOU. MARSHMALLOW GAMES DOES NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL EXPRESS, IMPLIED, OR STATUTORY WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, CONDITION, UNINTERRUPTED USE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, AND ANY WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE.
MARSHMALLOW GAMES DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE APPLICATION; THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE; THAT ANY ERRORS IN SMART TALES WILL BE CORRECTED; OR THAT THE APPLICATION WILL BE AVAILABLE FOR REINSTALLS TO THE SAME OR MULTIPLE DEVICES. NO WARRANTIES ARE MADE REGARDING THE ONGOING AVAILABILITY OF CONTENT OR THE APPLICATION ITSELF, PARTICULARLY IF REMOVED FROM APPLICATION STORES. UPDATES OR NEW CONTENT OR FEATURES, IF OFFERED, ARE AT MARSHMALLOW GAMES’ DISCRETION, AND UNLESS OTHERWISE INDICATED, WITHOUT ADDITIONAL COST FOR PREMIUM USERS.
NO ORAL OR WRITTEN ADVICE GIVEN BY MARSHMALLOW GAMES OR ANY AUTHORIZED REPRESENTATIVE OR THIRD PARTY SHALL CONSTITUTE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF, OR LIMITATIONS ON, IMPLIED WARRANTIES, OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT WILL MARSHMALLOW GAMES BE LIABLE TO YOU FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, EXPENSES FOR SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, WORK INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER FORM OF DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES FROM ANY CAUSES OF ACTION ARISING OUT OF OR RELATED TO THIS EULA OR SMART TALES, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE, WHETHER OR NOT MARSHMALLOW GAMES HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND WHETHER OR NOT REPAIR, REPLACEMENT, OR A REFUND (IF GRANTED AT OUR SOLE DISCRETION) FOR SMART TALES DOES NOT FULLY COMPENSATE YOU FOR ANY LOSSES.
SOME JURISDICTIONS DO NOT PERMIT A LIMITATION OF LIABILITY FOR DEATH, PERSONAL INJURY, FRAUDULENT MISSTATEMENTS, OR CERTAIN WILLFUL OR NEGLIGENT ACTS, OR VIOLATION OF SPECIFIC STATUTES, OR THE EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. In no event will Marshmallow Games’ total liability to You for all damages (except as required by applicable law) exceed the amount actually paid by You for Smart Tales. THIS LIMITATION IS APPLICABLE BUT NOT RESTRICTED TO ANYTHING RELATED TO SMART TALES, SERVICES, OR CONTENT ACCESSIBLE THROUGH THE APPLICATION. You agree that the provisions in this EULA that limit liability are fundamental terms of this EULA.
You agree that a breach of this EULA would cause irreparable harm to Marshmallow Games, for which monetary damages are not sufficient, and Marshmallow Games shall be entitled to seek equitable relief, including injunctions, in addition to any other remedies available under this EULA or at law, without requiring a bond, other security, or the proof of damages.
SOME JURISDICTIONS DO NOT PERMIT A LIMITATION OF LIABILITY FOR DEATH, PERSONAL INJURY, FRAUDULENT MISSTATEMENTS, OR CERTAIN WILLFUL OR NEGLIGENT ACTS, OR VIOLATION OF SPECIFIC STATUTES, OR THE EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. In no event will Marshmallow Games’ total liability to You for all damages (except as required by applicable law) exceed the amount actually paid by You for Smart Tales. THIS LIMITATION IS APPLICABLE BUT NOT RESTRICTED TO ANYTHING RELATED TO SMART TALES, SERVICES, OR CONTENT ACCESSIBLE THROUGH THE APPLICATION. You agree that the provisions in this EULA that limit liability are fundamental terms of this EULA.
The laws of Italy, excluding its conflict of law provisions, will govern these Terms and your use of Smart Tales. If you are a consumer resident in the European Union, these Terms will not affect the mandatory laws and statutory consumer rights of your country of residence.
Any controversy or claim in relation to the application or interpretation of these Terms and arising out of your use of the Application will be submitted to the exclusive jurisdiction of the Courts of Bari, Italy. If you are a consumer resident or domiciled in the European Union, you may submit your claim to the court of your place of residence or domicile.
In the event of any failure of Smart Tales to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price of the app to you (if applicable) and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the app. Apple is not responsible for addressing any claims by you or any third party relating to the Application or your possession and use of it, including, but not limited to: (i) product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement, and discharge of any third-party claim that your possession and use of Smart Tales infringe that third party’s intellectual property rights. Apple and its subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.
Eligibility
Any person using Smart Tales represents to Marshmallow Games that they are at least the age of majority under applicable law, or if under the age of majority, that they are either an emancipated minor or have legal consent from a parent or guardian, and are fully able and competent to agree to the terms, conditions, obligations, affirmations, representations, and warranties set forth in this EULA, and to comply with and abide by this EULA.
Entire Agreement
This EULA is the complete agreement between You and Marshmallow Games regarding Smart Tales and supersedes all prior or contemporaneous understandings about this subject matter. Any amendment to or modification of this EULA will be binding only if in writing and signed by Marshmallow Games. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder preclude further exercise of any other right hereunder. In case of conflict between this EULA and any other purchase or terms, the terms of this EULA shall govern.
Severability and Survival
If any provision of this EULA is found illegal or unenforceable under applicable law, the rest of the provision shall be amended to achieve the intent of the original term as closely as possible, and all other provisions of this EULA shall continue in full force and effect.
Changes to Terms
Marshmallow Games reserves the right, at our sole discretion, to change or modify portions of these Terms at any time. We will indicate the new effective date at the bottom of the document whenever changes are made. Depending on the nature of the changes, we may also provide other reasonable means of notification as required by applicable law. Your continued use of Smart Tales after the date any such changes become effective constitutes your acceptance of the new Terms. If you do not agree to abide by these changes, you should cease using the Application. As our Services evolve over time, we may change or discontinue all or any part of Smart Tales, at any time and without notice, at our sole discretion.
If you have any questions or concerns regarding these Terms or the Services, you may contact Marshmallow Games via email at hello@marshmallow-games.com. We will endeavor to address your inquiry promptly.
MARSHMALLOW GAMES SRL
Via Giovanni Di Cagno Abbrescia, 17/B-C, 70126, Bari, Italy
Email: hello@marshmallow-games.com
This document was last updated on January 8, 2024