Terms of Use

These Terms of Use (hereinafter the "Terms") govern the use of the mobile application Wildone (hereinafter the "Application"), published by Roman Wenzel Brunaux (auto-entrepreneur, SIRET 108 093 105 00014) (hereinafter the "Publisher", "we").

By downloading, installing or using the Application, you (hereinafter the "User", "you") acknowledge that you have read, understood and accepted these Terms without reservation.

If you subscribe to Wildone Premium, additional conditions apply; they are set out in the Premium Terms. The processing of your data is governed by our Privacy Policy. Together, these three documents form the agreement between you and the Publisher.

1. Purpose

Wildone is a mobile application for iOS for the personal management of tasks and rewards, allowing the User:

• to create, organise and complete tasks;
• to define rewards unlocked by accumulating points;
• to follow their completion statistics;
• to customise the appearance of the app;
• to use widgets and Siri / Shortcuts integrations;
• optionally, to subscribe to Wildone Premium for access to extended features.

Wildone is a tool application, for personal use, operating local-first: your data stays on your device unless you enable iCloud sync (Premium).

2. Legal information

3. Acceptance and amendment of the Terms

3.1 Acceptance

Installing and using the Application constitutes full and unreserved acceptance of these Terms. If you do not accept all or part of the Terms, you must refrain from using the Application and uninstall it.

3.2 Amendment

We reserve the right to amend the Terms at any time. Substantial changes will be notified to you through:

• the release notes on the App Store;
• an in-app banner or notice screen at the next launch.

Continued use of the Application after notice of a change constitutes acceptance of the new version. If you refuse the new Terms, you must stop using the Application.

3.3 Effective date

The date of last update appears at the top of this document. The applicable version is the one in force at the time you use the Application.

4. Access to the service

4.1 Technical requirements

Using the Application requires:

• a compatible Apple iOS device (minimum version stated on the App Store listing);
• an internet connection only for: the initial download, updates, iCloud sync (Premium), and Premium transactions through the App Store;
• a valid Apple Account.

Connection costs (mobile data, Wi-Fi) remain the User's responsibility.

4.2 Legal capacity

The User declares that they are at least 13 years of age — or the higher minimum age required by the law of their country of residence — and, if a minor, that they have obtained their legal guardian's permission to use the Application. Premium purchases additionally require the legal capacity to contract, meaning legal adulthood (18 years in France) or the explicit authorisation of a holder of parental authority.

4.3 Free of charge

The Application is offered as a free download on the App Store. Certain extended features are offered through a paid Wildone Premium plan (see Premium Terms). In the free version, certain limits apply, in particular:

• a maximum of 15 tasks open at the same time;
• a maximum of 3 recurring task rules;
• iCloud backup and sync disabled.

These limits are stated in the Application and may change.

5. User account

The Application requires no account creation and no sign-up. Your data is tied to your device and to your Apple Account (for purchases and iCloud sync).

There is no Wildone login, password or user ID.

6. Intellectual property

6.1 The Publisher's rights

The Application, its source code, its interfaces, its design, its icons, its graphics, its sounds, its texts, the "Wildone" trade mark and all of its constituent elements are the exclusive property of the Publisher and are protected by French and international intellectual property law.

Nothing in these Terms may be construed as a transfer of intellectual property to the User.

6.2 Licence of use

The Publisher grants you a personal, non-exclusive, non-transferable and revocable licence to use the Application on devices that you own or control, in accordance with Apple's Standard End User Licence Agreement for the App Store (Standard EULA), supplemented by these Terms.

6.3 Your content

All the content you create in the Application (task names, rewards, profile picture, etc.) remains your property. As that content does not leave your device (unless iCloud is enabled), no assignment of rights is granted to us.

6.4 Restrictions

Except with express authorisation or where a mandatory legal provision states otherwise, you undertake not to:

• decompile, disassemble or reverse-engineer the Application;
• modify, adapt or translate the Application;
• copy, distribute, sub-licence or commercialise the Application or its components;
• circumvent the licensing mechanisms or the limits of the free version;
• reproduce or use the "Wildone" trade mark without prior written authorisation.

7. Acceptable use

The User undertakes to:

• use the Application in accordance with its purpose and with applicable law;
• not use it for unlawful, fraudulent, malicious or public-order-infringing purposes;
• not attempt to disrupt, overload or compromise the operation of the Application;
• not introduce into it any virus, malware or content liable to harm other users.

As the Application is exclusively personal and local, the User is solely responsible for the content they record in it.

8. Availability of the service

The Publisher endeavours to keep the Application available and working, but cannot guarantee uninterrupted availability. The following are expressly excluded from any availability guarantee:

• interruptions related to maintenance of the Application;
• malfunctions of your device or of iOS;
• interruptions of the App Store or of Apple's iCloud services;
• events of force majeure within the meaning of article 1218 of the French Civil Code.

The Publisher reserves the right to modify, suspend or discontinue all or part of the Application at any time. Specific conditions apply if the Premium service is permanently discontinued (see Premium Terms).

9. Updates

The Publisher may release updates to the Application through the App Store. These updates may:

• add, change or remove features;
• fix bugs or improve security;
• adapt the Application to new versions of iOS.

Updates are installed according to your App Store settings. The Publisher does not guarantee the compatibility of older versions that have not been updated; we recommend installing available updates.

10. Backup and data loss

Because your data is stored locally on your device:

• loss, theft or failure of your device may result in the permanent loss of your data;
• uninstalling the Application deletes all associated local data;
• we strongly recommend using the .wildone export function regularly, and/or enabling iCloud sync (Premium).

The Publisher cannot be held liable for the loss of your data in the event of technical failure, loss of device, uninstallation or any other event beyond its control.

11. Warranties and liability

11.1 Conformity warranty

In accordance with articles L. 224-25-12 et seq. of the French Consumer Code, the Application is warranted to conform to its description and to be free of defects. This warranty runs for:

• 2 years from delivery for digital content supplied in a single operation (e.g. a "Lifetime" purchase);
• the entire supply period for digital content supplied continuously (e.g. subscriptions).

11.2 Limitation of liability

To the fullest extent permitted by law, the Publisher cannot be held liable for:

• indirect damages (loss of opportunity, loss of productivity, loss of motivation, etc.);
• damages resulting from improper use of the Application;
• damages resulting from a failure of iOS, the App Store, iCloud or any other Apple service;
• damages resulting from an event of force majeure.

The Publisher's total liability, on all grounds combined and for all damages taken together, is capped:

• in the free version: at a symbolic amount of one (1) euro, the Application being supplied without consideration;
• in the Premium version: at the amounts actually paid by the User during the 12 months preceding the triggering event.

This limitation does not apply in the event of gross negligence or wilful misconduct, nor to personal injury, nor to any other provision of public policy that cannot be set aside by contract.

11.3 Wildone is not a medical service

Wildone is a personal productivity tool. It is not a medical device, it does not aim to diagnose, treat or prevent any condition, and it is no substitute for medical, psychological or educational care. The Publisher disclaims all liability for any use of the Application for therapeutic purposes.

12. Links to third-party services

The Application may contain links to third-party services (App Store, Apple's subscription management page, Apple's privacy policy, etc.). The Publisher exercises no control over these services and disclaims all liability as to their content, their availability or their own terms of use.

13. Personal data

The processing of your personal data is described in our Privacy Policy, available:

• from the Application (Settings → About);
• at https://wildone.app/en/privacy-policy.html.

By using the Application, you acknowledge that you have read that Policy.

14. Termination

14.1 By you

You may stop using the Application at any time by uninstalling it. Uninstalling deletes all local data.

If you have subscribed to Wildone Premium, uninstalling does not cancel your subscription: you must cancel it from your Apple settings (see Premium Terms).

14.2 By us

We may terminate your licence of use, with prior notice where possible, in the event of:

• serious or repeated breach of these Terms;
• fraudulent or abusive use of the Application;
• a legal obligation or an order from a competent authority.

Where termination occurs for a cause not attributable to the User, the Publisher may support a refund request with Apple covering the unused Premium period. As stated in the Premium Terms, the Publisher has access to no means of payment: any refund is Apple's decision alone.

15. Force majeure

Neither party shall be held liable for a failure to perform its obligations resulting from an event of force majeure within the meaning of article 1218 of the French Civil Code, including but not limited to: natural disasters, pandemics, armed conflict, large-scale cyberattacks, widespread failure of the internet or of iOS.

16. Severability

Should any clause of these Terms be held void, unenforceable or contrary to a provision of public policy, that invalidity shall not affect the validity of the other clauses, which shall remain fully in force.

17. Complaints and dispute resolution

17.1 Amicable complaint

In the event of a disagreement, the User is invited to contact the Publisher by email at contact@wildone.app. We undertake to reply within a reasonable time.

17.2 Consumer mediation

In accordance with articles L. 612-1 et seq. of the French Consumer Code, a User who is a Consumer may refer the matter free of charge to a consumer ombudsman with a view to an amicable settlement:

• 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 at contact@wildone.app, by post to the address given in section 19, or by telephone on +33 6 19 96 15 49.

Wildone is distributed worldwide through the App Store. Users residing outside the European Union may address any complaint directly to the Publisher through the same channels, without prejudice to the remedies available under the law of their country of residence.

17.3 Jurisdiction

Failing an amicable settlement, any dispute relating to the formation, performance, interpretation or termination of these Terms shall be submitted to the competent French courts, subject to the mandatory rules of jurisdiction applicable to consumers (article R. 631-3 of the French Consumer Code).

18. Governing law

These Terms are governed by French law, excluding its conflict-of-law rules. The Publisher is established in France and the Application is distributed worldwide through the App Store: if you reside outside France, this choice does not deprive you of the protection afforded to you by the mandatory provisions of the law of your country of habitual residence (article 6 of the Rome I Regulation for residents of the European Union, equivalent local rules elsewhere).

19. Contact

For any question relating to these Terms:

• Email: contact@wildone.app
• Telephone: +33 6 19 96 15 49 (Monday to Friday, excluding public holidays)
• Postal address: Roman Wenzel Brunaux, 8 rue du dessus, 52360 Orbigny-au-Mont, France

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