Terms & Conditions

By downloading or using the app, these terms will automatically apply to you – you should make sure therefore that you read them carefully before using the app. You’re not allowed to copy, or modify the app, any part of the app, or our trademarks in any way. You’re not allowed to attempt to extract the source code of the app, and you also shouldn’t try to translate the app into other languages, or make derivative versions. The app itself, and all the trade marks, copyright, database rights and other intellectual property rights related to it, still belong to Jake Holdom.

Jake Holdom is committed to ensuring that the app is as useful and efficient as possible. For that reason, we reserve the right to make changes to the app or to charge for its services, at any time and for any reason. We will never charge you for the app or its services without making it very clear to you exactly what you’re paying for.

The Smappy app does not store or process personal data or any of your records/progress made within the app on any servers and it is all stored on your device and/or on your iCloud. It’s your responsibility to keep your phone and access to the app secure and we are not responsible for any data loss on the Smappy app. We therefore recommend that you do not jailbreak or root your phone, which is the process of removing software restrictions and limitations imposed by the official operating system of your device. It could make your phone vulnerable to malware/viruses/malicious programs, compromise your phone’s security features and it could mean that the Smappy app won’t work properly or at all.

The app does use third party services that declare their own Terms and Conditions.

Link to Terms and Conditions of third party service providers used by the app

You should be aware that there are certain things that Jake Holdom will not take responsibility for. Certain functions of the app will require the app to have an active internet connection. The connection can be Wi-Fi, or provided by your mobile network provider, but Jake Holdom cannot take responsibility for the app not working at full functionality if you don’t have access to Wi-Fi, and you don’t have any of your data allowance left.

 

If you’re using the app outside of an area with Wi-Fi, you should remember that your terms of the agreement with your mobile network provider will still apply. As a result, you may be charged by your mobile provider for the cost of data for the duration of the connection while accessing the app, or other third party charges. In using the app, you’re accepting responsibility for any such charges, including roaming data charges if you use the app outside of your home territory (i.e. region or country) without turning off data roaming. If you are not the bill payer for the device on which you’re using the app, please be aware that we assume that you have received permission from the bill payer for using the app.

Along the same lines, Jake Holdom cannot always take responsibility for the way you use the app i.e. You need to make sure that your device stays charged – if it runs out of battery and you can’t turn it on to avail the Service, Jake Holdom cannot accept responsibility.

With respect to Jake Holdom’s responsibility for your use of the app, when you’re using the app, it’s important to bear in mind that although we endeavour to ensure that it is updated and correct at all times, we do rely on third parties to provide information to us so that we can make it available to you. Jake Holdom accepts no liability for any loss, direct or indirect, you experience as a result of relying wholly on this functionality of the app.

At some point, we may wish to update the app. The app is currently available on iOS – the requirements for system(and for any additional systems we decide to extend the availability of the app to) may change, and you’ll need to download the updates if you want to keep using the app. Jake Holdom does not promise that it will always update the app so that it is relevant to you and/or works with the iOS version that you have installed on your device. However, you promise to always accept updates to the application when offered to you, We may also wish to stop providing the app, and may terminate use of it at any time without giving notice of termination to you. Unless we tell you otherwise, upon any termination, (a) the rights and licenses granted to you in these terms will end; (b) you must stop using the app, and (if needed) delete it from your device.

By using this app you understand that the Smappy app, or anything associated with it, should not be considered a medical device in any way and does not guarantee that mood or any other physical or mental issues will be improved by using this app. Any physical, mental or other illnesses or problems should always be treated by professionals and this app takes no responsibility for the improvement or worsening of any of your issues.

In-app purchases

Some parts of our app may be offered for free, and others for a one-off payment or part of a subscription or any other lawful pricing structure. Unless stated, these services are provided depending on which operating system the service was purchased on. For example, if you purchase the one-off payment for Smappy Pro on iOS, then it is only valid for devices that use iOS.

Also users understand that purchases made on Smappy are stored on the users iTunes account and we do not keep any record of your purchase history on any servers that we own. We access your receipt history through iTunes and use the data that they provide us with. 

Users understand and agree that in order to use subscriptions or purchases of products between devices, the user must be logged into the iCloud account that purchased the product on the device. If they are signed in with a different iCloud account, they will not be able to access the content.

There are currently two subscription options, monthly and annually. They offer the same service but auto-renew after a different period of time. Smappy Pro allows ad-free, unlimited access to all of our services. Content may also be added which may require additional purchases that are not available or associated with Smappy Pro. 

If you choose the subscription option then your payment will be charged to your iTunes account and automatically renewed (at the duration selected) unless auto-renew is switched off at least 24 hours before the end of the current period. You can turn off an auto-renewing subscription any time from your iTunes account settings but refunds will not be issued for any unused portion of the term. Any unused portion of a free trial period, if offered, will be forfeited when you purchase a subscription, where applicable. If you cancel your subscription your app data will still be available as it is stored on your device. As the data is stored on your device or iCloud, we are not responsible for any data loss you may encounter on our app.

Changes to This Terms and Conditions

I may update our Terms and Conditions from time to time. Thus, you are advised to review this page periodically for any changes. I will notify you of any changes by posting the new Terms and Conditions on this page.

These terms and conditions are effective as of 2020-07-29

Contact Us

If you have any questions or suggestions about my Terms and Conditions, do not hesitate to contact me at smappyfeedback@gmail.com.

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