This is a draft prepared for the international market. It should be reviewed by qualified legal counsel before publication.
1. Acceptance of these Terms
These Terms of Use ("Terms") govern access to and use of the website giramilleapp.com ("Site"), owned and operated by GIRAMILLE DANDICO PRODUCTIONS LIMITED, a company registered in England and Wales under company number 14163636, with its registered office at 66 Paul Street, London, United Kingdom, EC2A 4NA ("Giramille", "we", "us" or "our").
By registering, purchasing a plan or browsing the Site, you confirm that you have read, understood and accepted these Terms in full. If you do not agree, you should not use the Site.
2. Purpose
The Site allows an adult user to:
- Learn about the subscription plans for the Giramille app ("Mundo Encantado da Giramille").
- Purchase a plan through our authorised third-party retailer, ClickBank (see Section 7).
- Receive and manage the access token corresponding to the purchased plan.
- Link and manage up to three devices per subscription.
3. Eligibility
Registration and purchases are reserved for natural persons who are at least 18 years old and have full legal capacity to enter into a contract. By registering, you expressly confirm that you meet these requirements and that any purchase is made by you, as the responsible adult, on your own behalf.
4. Account and registration
To use the logged-in area, you must provide true, current and complete information, in particular your name and email address. Access to your account may be provided through a magic link sent by email or through a password you set, depending on the method made available by the Site.
You are responsible for keeping your credentials confidential and for all activity carried out under your account. If you become aware of any unauthorised use, you must notify our support immediately.
5. Plans available
The premium version of the Giramille app can be purchased through the Site in the following options:
- Monthly plan: a subscription that renews automatically every 30 days, using the same payment method as the initial purchase.
- Yearly plan: a subscription that renews automatically every 365 days.
- Lifetime plan: a one-time payment granting access to the premium version for the useful life of the app, with no renewals or additional charges. The lifetime plan is not a subscription and has no recurring billing cycle.
We may, at any time, create new plans, discontinue existing plans or change the features of current plans. Such changes do not affect contracts in force until the end of the period already paid for (in the case of recurring plans) or, in any way, a lifetime plan already purchased.
6. Prices, taxes and currency
Plan prices are shown to you at the time of purchase. Prices are presented in United States dollars (USD) unless otherwise indicated. The final price, any applicable taxes and the billing currency are confirmed at checkout, which is operated by ClickBank.
As the retailer of record, ClickBank is responsible for assessing, collecting and remitting any taxes due on the sale to the end customer, including Value Added Tax (VAT) where applicable, based on the customer's location and the laws of the relevant jurisdiction. Any such taxes are shown to you at checkout.
We may change prices at any time. Price changes do not affect contracts already in force until the end of the period already paid for.
7. Purchases, payment and the role of ClickBank
Purchases made through this Site are processed by ClickBank, our authorised third-party retailer. ClickBank is the retailer of record for these transactions.
ClickBank's role as retailer does not constitute an endorsement, approval or review of the products, nor of any claim, statement or opinion used in their promotion. CLICKBANK® is a registered trademark of Click Sales, Inc., a Delaware corporation located at 1444 S. Entertainment Ave., Suite 410, Boise, ID 83709, USA, and used by permission.
Payment is processed in ClickBank's secure environment. We do not have access to, store or process your card or banking details. Your purchase will appear on your statement as a charge from ClickBank or CLKBANK*COM.
Monthly and yearly subscriptions purchased through the Site renew automatically at the end of each period unless cancelled beforehand. The lifetime plan is charged once, at the time of purchase, with no renewals.
8. Access token and devices
After payment is confirmed, the Site issues a unique access token linked to your account. This token must be entered into the Giramille app to unlock the premium version.
Each subscription allows you to link up to three devices. You can manage your device list in the logged-in area of the Site, removing old devices to add new ones. Sharing your token with third parties beyond the contracted device limit, or with people outside your household, is prohibited and may lead to suspension of the subscription or lifetime plan.
9. Cancellation and refunds
9.1. ClickBank return policy
Purchases made through this Site are subject to ClickBank's Return and Cancellation Policy. The standard refund window is 60 days from the date of purchase. Within this window, you may request a refund directly through ClickBank's customer support, and for recurring products, returns of more than one payment may be available where requested within that period.
Because ClickBank is the retailer of record, refund requests within the return window are handled by ClickBank. You can request a refund through ClickBank's customer support website or by contacting us, and we will assist with your request.
9.2. Cancelling a subscription
You may cancel a monthly or yearly subscription at any time. Cancellation stops the next renewal charge but keeps your premium access active until the end of the period already paid for.
9.3. Lifetime plan
The lifetime plan is a one-time payment. Within the ClickBank return window, it is eligible for a refund as described in Section 9.1. If a refund is issued for a lifetime plan, the associated premium access is revoked.
9.4. Your local consumer rights
Nothing in these Terms affects any mandatory consumer protection rights you may have under the laws of your country of residence, including, where applicable, any statutory right to withdraw from a purchase. Where such rights apply, they operate in addition to the ClickBank return policy.
10. User conduct
You agree not to:
- Provide false information or the information of third parties without authorisation.
- Share access credentials or tokens with third parties beyond the contracted device limit.
- Circumvent security mechanisms or attempt unauthorised access to restricted areas.
- Use the Site for any unlawful purpose or in any way that breaches these Terms.
11. Intellectual property
The Giramille brand, visual identity, characters, text, illustrations, source code and other elements of the Site are protected by United Kingdom and international intellectual property laws. Reproduction, distribution, modification or commercial use without our express authorisation is prohibited.
12. Communications
Transactional communications (receipts, billing alerts, renewal, cancellation and lifetime-plan confirmations) may be sent regardless of marketing consent, as they are necessary to perform the contract. Promotional communications are only sent with your prior consent, given in a specific field at registration, and can be cancelled through the unsubscribe link in each message.
13. Limitation of liability
The Site is provided "as is". We work to keep the Site available and secure, but we do not guarantee uninterrupted availability or the complete absence of errors. To the maximum extent permitted by applicable law, we are not liable for indirect or consequential losses, loss of profits or other damages arising from events outside our control. Nothing in these Terms excludes or limits our liability where it would be unlawful to do so, including liability for death or personal injury caused by negligence, or for fraud.
14. Suspension and termination
We reserve the right to suspend or terminate your account, without prejudice to any other legal remedies, in the event of:
- A breach of these Terms.
- Fraud, misuse or a well-founded suspicion of unlawful conduct.
- Non-payment (applicable only to monthly and yearly plans).
- A legal requirement or order from a competent authority.
15. Privacy and data protection
The processing of personal data is governed by our Website Privacy Policy, which forms part of these Terms for all purposes.
16. Changes to these Terms
These Terms may be updated, with the new version taking effect on the date shown at the top of the document. Significant changes may be communicated by email to registered users. Continued use of the Site after a change means you accept the new version.
17. Governing law and jurisdiction
These Terms are governed by the laws of England and Wales. Subject to any mandatory consumer protection rules of your country of residence, the courts of England and Wales shall have jurisdiction over any dispute arising from these Terms.
18. Contact
Questions about these Terms can be sent to legal@giramilleapp.com.