Wildone Premium Terms

These conditions (hereinafter the "Premium Terms") govern the purchase and use of the paid features offered as part of the Wildone Premium plan (hereinafter "Premium") within the Wildone application (hereinafter the "Application"), published by Roman Wenzel Brunaux (auto-entrepreneur, SIRET 108 093 105 00014) (hereinafter the "Publisher", "we").

These Premium Terms are additional to Wildone's Terms of Use and Privacy Policy; they do not replace them. In the event of a contradiction, the Premium Terms prevail over the Terms of Use on questions relating to Premium only.

By subscribing to Premium, the User (hereinafter "you", the "Subscriber") acknowledges having read, understood and accepted these conditions without reservation.

1. Definitions

• Premium: the set of paid features unlocked by subscribing to one of the plans described in section 3.
• Subscription: a recurring monthly or yearly plan, renewing automatically.
• Lifetime purchase: a one-off plan, without renewal, granting Premium permanently on the Subscriber's Apple Account.
• App Store: the digital distribution platform of Apple Inc.
• Apple: Apple Inc. and its subsidiaries, including Apple Distribution International Ltd (Cork, Ireland) for European users.

2. Description of Wildone Premium

Wildone Premium unlocks features beyond those of the free version. As at the date of last update, those features include in particular:

• Unlimited tasks: removal of the limit of 15 tasks open at the same time.
• Unlimited recurring tasks: removal of the limit of 3 recurring task rules.
• iCloud backup and sync: automatic backup of your data and synchronisation between your devices through your own personal iCloud account.
• All future features: included access to future features the Publisher may add to Premium.

The exact scope of Premium may change with updates. The Publisher undertakes that changes of scope will not substantially reduce the overall value of the service subscribed to; failing that, affected Subscribers will have the rights described in section 11.

3. Plans and prices

Wildone Premium is offered in three plans:

The prices shown are reference prices in euros, including tax, applicable to the French App Store storefront. The actual price displayed at the time of purchase corresponds to the storefront of your App Store account and may vary depending on country, currency, applicable local taxes and Apple's price adjustments.

Applicable taxes (VAT or local equivalent) are collected and remitted by Apple, which acts as the operator of the App Store platform and issues the receipt. The Publisher for its part falls under the French VAT small-business exemption (article 293 B of the General Tax Code) and issues no direct invoice.

The exact price, in your currency and including taxes, is displayed by the App Store before the purchase is confirmed. No purchase is completed without your express confirmation in Apple's interface.

4. Purchase — terms

4.1 Payment operator

The entire transaction is carried out by Apple through your App Store account. The Publisher takes no part in the financial transaction and receives no banking data.

The contract of sale is concluded between the Subscriber and the Publisher; Apple acts as commercial agent under its App Store programme.

4.2 Technical requirements

The purchase requires:

• a valid Apple Account with an active payment method;
• an internet connection at the time of the transaction;
• the legal capacity to contract (legal adulthood, or parental authorisation for minors through Ask to Buy).

4.3 Formation of the contract

The contract is concluded at the moment you confirm the purchase in Apple's interface (Touch ID, Face ID, Apple password) and Apple confirms the transaction. An electronic receipt is sent to you by Apple at the email address associated with your Apple Account.

4.4 Activation

Premium is activated immediately once the purchase is confirmed. The Application updates the Premium status automatically through Apple's StoreKit API. No manual action is required.

If activation is delayed, you can use the "Restore purchases" function in the Premium window of the Application.

5. Automatic renewal of subscriptions

5.1 Mandatory notice

The monthly and yearly plans are auto-renewing subscriptions.

• Renewal is charged to your iTunes / Apple Account within the 24 hours before the end of the current period, for the same duration and at the rate then in force.
• You can turn off automatic renewal at any time, at least 24 hours before the end of the current period, from your App Store account settings.
• No refund is due for the unused portion of the current period in the event of cancellation.

5.2 Managing your subscription

At any time you can:

• view your subscription: iOS Settings → [Your name] → Subscriptions;
• change the renewal setting or switch plan;
• cancel the subscription (cancellation takes effect at the end of the current paid period).

5.3 Free trial and promotional offers

The Publisher reserves the right to offer, from time to time, free trial periods or promotional offers (discounts, welcome offers). These offers are signalled in the Application and subject to the following rules:

• a free trial automatically becomes a paid subscription at its expiry, unless cancelled at least 24 hours before the end;
• eligibility for a promotional offer is governed by Apple's rules (generally, one offer per Apple Account and per subscription group).

6. Lifetime purchase

6.1 Characteristics

The "Lifetime" purchase is a single payment without renewal. It grants Premium:

• permanently on your Apple Account;
• on all devices linked to your Apple Account, present and future;
• subject, for Apple Family Sharing, to how the product is configured in the App Store (see section 10).

6.2 Scope of perpetuity

"Lifetime" means for the commercially reasonable lifetime of the Application on the App Store. Were the Application to be permanently withdrawn from the App Store, the lifetime purchase would continue to work on devices where the app remains installed, as far as technically possible, but no further updates could be guaranteed.

The "lifetime" commitment cannot be construed as a perpetual obligation to supply new developments or support.

6.3 Distinction from subscriptions

The lifetime purchase is mutually exclusive with the subscriptions: if you are a monthly or yearly subscriber and you buy the lifetime plan, your existing Apple subscription runs until its term (you can cancel it to avoid being charged twice). Apple performs no automatic proration.

7. Right of withdrawal

7.1 Information

In accordance with article L. 221-28, 13° of the French Consumer Code, the right of withdrawal does not apply to contracts for the supply of digital content not supplied on a tangible medium where performance has begun with the consumer's prior express agreement and express waiver of the right of withdrawal.

By purchasing Premium through the App Store, you request immediate performance of the service (immediate unlocking of the features) and expressly waive your 14-day right of withdrawal.

7.2 App Store practice

Independently of the above, Apple offers its users, at its discretion, the possibility of a refund through the form at reportaproblem.apple.com. Such requests are assessed and decided by Apple alone; the Publisher has no power to grant or refuse an Apple refund.

8. Refunds

8.1 General policy

All refunds relating to Premium purchases are handled exclusively by Apple, in accordance with its own rules. The Publisher has no access to your payment method and is technically unable to issue any direct refund.

8.2 Procedure

To request a refund:

1. Go to reportaproblem.apple.com;
2. Sign in with your Apple Account;
3. Select the Wildone purchase concerned and give the reason.

Apple reviews the request and decides within a variable timeframe (generally 48 hours to 1 week).

8.3 Effect on Premium

If Apple grants you a refund, your Premium status is automatically revoked as soon as the StoreKit API notifies the Application of the revocation. That revocation takes effect without notice and gives no right to compensation.

8.4 Special cases

The Publisher may, exceptionally and at its discretion, intervene with Apple on your behalf (recommending a refund) in the event of:

• a substantial lack of conformity of the service;
• an inability to use Premium because of a bug attributable to the Publisher;
• any other situation warranting a goodwill gesture.

To request such an intervention, contact us at the address given in section 16. No refund obligation on the part of the Publisher can be inferred from this section; the final decision remains Apple's.

9. Price changes

The Publisher reserves the right to change Premium prices at any time.

9.1 For new subscribers

The new price applies to subscriptions taken out after the effective date of the change.

9.2 For existing subscribers

In accordance with Apple's policy:

• for price increases: you will be notified in advance by Apple (push notification, email) and asked to consent explicitly to continuing your subscription at the new price. Without your consent, your subscription will be cancelled at the end of the current period, at no cost;
• for price decreases: they apply automatically, with nothing for you to do.

9.3 Lifetime purchase

The lifetime purchase is not affected by price changes: the price paid is final and the service continues to be supplied under the conditions of section 6.

10. Family Sharing

10.1 Eligibility

Whether a Wildone Premium product is eligible for Apple Family Sharing depends on how that product is configured in the App Store. This information is displayed by Apple on the product listing, before the purchase is confirmed, and it is that information which governs.

The Publisher gives no contractual guarantee going beyond what Apple states there. That configuration may change; if in doubt before a purchase, contact us at the address given in section 16.

10.2 Leaving the family group

When a member leaves the family group, their access to Premium through sharing ends automatically, in accordance with Apple's rules. The Publisher can take no action in this respect.

11. Changes to and discontinuation of the service

11.1 Feature changes

The Publisher may, at any time:

• add features to Premium;
• change existing features to improve them, adapt them to iOS, or comply with regulations;
• move features from the free scope into Premium or the other way round.

Such changes will give rise to no compensation as long as they do not substantially reduce the overall value of the service subscribed to.

11.2 Substantial removal

If a change substantially affects the scope of Premium to the Subscriber's detriment, the Subscriber may:

• cancel their subscription at no cost from the date the change takes effect;
• for a lifetime purchase, request fair compensation from the Publisher, considered case by case.

11.3 Permanent discontinuation of the Application

Should the Publisher decide to stop developing Wildone permanently and withdraw it from the App Store:

• current subscriptions will be cancelled at their next due date, without renewal; no further charge will be made;
• lifetime purchases will continue to work as long as technically possible on devices where the Application remains installed; no automatic refund is due, save at the discretion of Apple or of the Publisher;
• reasonable notice (at least 30 days) will be given through the release notes and, as far as possible, by in-app notification.

12. Restoring purchases

The Application lets you restore your purchases at any time through the dedicated button in the paywall ("Restore purchases"). This function queries your App Store account and automatically reactivates Premium if you are entitled to it.

It is useful in particular:

• when reinstalling the Application;
• on a new device;
• in the event of a temporary desynchronisation with StoreKit.

Restoring generates no new charge.

13. Obligations and liability

13.1 The Publisher's obligations

The Publisher undertakes to:

• supply the Premium service in accordance with its description;
• fix within a reasonable time any substantial defect preventing normal enjoyment of the service;
• keep the security of the Premium features at the same level as that of the free Application;
• provide user support through the contact address given in section 16.

13.2 Limitation of liability

The Publisher's liability under these Premium Terms is limited on the terms set out in article 11 of the Terms of Use. For the record:

• the Publisher's total liability, for all damages taken together, is capped at the amounts actually paid by the Subscriber during the 12 months preceding the triggering event;
• this limitation does not apply in the event of gross negligence, wilful misconduct or infringement of mandatory provisions.

13.3 Occasional unavailability

Occasional unavailability of a Premium feature (for example, iCloud sync temporarily unavailable following an Apple incident) does not constitute a contractual breach by the Publisher, unless it lasts unreasonably long and is attributable to the Publisher.

14. Conformity warranty

In accordance with articles L. 224-25-12 to L. 224-25-32 of the French Consumer Code, the Publisher warrants that the Premium service conforms to its description for:

• the whole duration of the subscription for the monthly and yearly plans (digital content supplied continuously);
• a minimum period of two (2) years from delivery for the lifetime purchase (digital content supplied in a single operation).

In the event of a lack of conformity, you may require the service to be brought into conformity at no cost, within a reasonable time and without major inconvenience. Failing that, you may obtain a price reduction or, on the conditions provided by law, rescission of the contract with a refund.

The legal warranty is invoked in writing to the Publisher (see section 16).

15. Complaints and dispute resolution

15.1 Customer service

For any question, complaint or technical difficulty:

• Support email: contact@wildone.app
• Target response time: within 48 working hours (Monday to Friday, excluding public holidays)
• Telephone: +33 6 19 96 15 49

15.2 Consumer mediation

In accordance with articles L. 612-1 et seq. of the French Consumer Code, where a dispute has not been settled amicably the Subscriber may refer the matter free of charge to a consumer ombudsman:

• Ombudsman: Société Médiation Professionnelle (SMP), consumer ombudsman listed by the CECMC (decision of 16/10/2018)
• Online referral: www.mediateur-consommation-smp.fr
• Postal address: Société Médiation Professionnelle – Alteritae, 5 rue Salvaing, 12000 Rodez, France

Referral to the ombudsman is free of charge for the consumer. In accordance with article L. 612-2 of the French Consumer Code, a referral is admissible only if:

• you can show that you first tried to resolve the dispute directly with the Publisher, by way of a written complaint;
• the request is submitted less than one year after that written complaint;
• the dispute has not already been examined by another ombudsman or by a court.

Mediation remains optional: you are free to accept or refuse the solution proposed, and to go to court at any time.

The prior written complaint may be sent to us through the channels given in section 16.

Premium is sold in every territory covered by the App Store. Subscribers residing outside the European Union may address any complaint directly to the Publisher, without prejudice to the remedies available under the law of their country of residence.

15.3 Jurisdiction

Failing an amicable settlement, the competent French courts shall hear the dispute, subject to the mandatory rules of jurisdiction applicable to consumers (article R. 631-3 of the French Consumer Code).

16. Contact

17. Relationship with Apple's terms

These Premium Terms apply in addition to:

• the Apple Media Services Terms and Conditions (App Store account management, payment, subscriptions);
• the App Store Standard EULA (the general licence to use apps downloaded from the App Store);
• our Privacy Policy and our Terms of Use.

In the event of a direct contradiction between these Premium Terms and Apple's Standard EULA on a point relating to payment, refunds, billing or operations handled by Apple, Apple's terms prevail.

Apple Inc. (and its subsidiaries) is expressly designated a third-party beneficiary of these Premium Terms, and is entitled to rely on them in accordance with the App Store Standard EULA.

18. Governing law

These Premium Terms are governed by French law. As Premium is sold in every territory covered by the App Store, this choice does not deprive the consumer of the protection afforded by the mandatory provisions of the law of their country of habitual residence: article 6 of the Rome I Regulation for residents of the European Union, equivalent local rules for others.

19. Amendments

The Publisher reserves the right to amend these Premium Terms at any time. Substantial changes will be notified through:

• the release notes on the App Store;
• an in-app notice at the next launch;
• for existing subscribers, in accordance with Apple's procedures for changes requiring consent (see section 9.2).

Continued use of Premium after notice of a change constitutes acceptance of the new version.

These Wildone Premium Terms are written in French. This English text is a courtesy translation: in the event of any discrepancy, the French version prevails.