Terms and conditions of use

Introduction

Welcome to the mobile games and applications (hereinafter, collectively, the “Apps” or the “Services”) developed, published and operated by Wakala S.r.l. (hereinafter, “Wakala”, “we”, “us” or “our”).

By downloading, installing, accessing or using our Apps through mobile devices or digital distribution platforms (including, by way of example, Apple App Store and Google Play Store), the user (hereinafter, the “User” or “you”) agrees to be bound by these Terms and Conditions of Use (the “Terms”). If you do not accept these Terms in full, you are not authorised to download or use the Apps.

Provider details and contacts

The Apps are provided by:

Company name

Wakala S.r.l.

Registered office

Via Fiume Giallo, 3, 00144 Rome (RM), Italy

VAT number and tax code

13134811002

Certified email (PEC)

wakala@cert.cna.it

Support and contact email

info@wakala.it

Age and eligibility requirements

To use the Apps, you declare that you are at least 16 years old (or the minimum age required by the laws of your country of residence to give digital consent without parental authorisation). If you are a minor, you declare that you have obtained the consent of your parents or legal guardian, who accept these Terms on your behalf and take full responsibility for your use of the Apps and for any purchases made.

Grant of a limited licence

Subject to your compliance with these Terms, Wakala grants you a personal, non-exclusive, non-transferable, non-sublicensable and revocable licence to download, install and run the Apps on a mobile device that you own or control, solely for personal, non-commercial entertainment purposes.

All rights not expressly granted to the User remain the exclusive property of Wakala or its licensors.

Intellectual property

All content in the Apps (including, by way of example, source code, graphics, 3D models, user interfaces, audio, music, text, trademarks, logos, characters and game mechanics) is the exclusive property of Wakala S.r.l. or of the respective rights holders and is protected by Italian, European and international copyright and intellectual property laws.

It is strictly forbidden to:

• copy, modify, adapt, translate or create derivative works based on the Apps;
• decompile, disassemble, reverse engineer or attempt to extract the source code of the Apps;
• remove or alter any copyright, trademark or other proprietary notice.

In-app purchases (IAP) and virtual currency

The Apps may offer the possibility to purchase digital goods, virtual in-game currency (e.g. coins, gems), cosmetic items, power-ups or additional features (collectively, “Virtual Content”) with real money.

Nature of the licence to Virtual Content

Purchasing Virtual Content does not give the User any ownership right over it, but a limited, personal, non-transferable and revocable licence to use it solely within the specific App. Virtual Content has no monetary value in the real world and cannot be redeemed, traded or converted into money or real goods.

Payment handling

All in-app purchases are processed and handled directly by the distribution platform from which you downloaded the App (Apple App Store or Google Play Store) and are subject to that platform’s payment terms and conditions. Wakala does not directly collect or process your credit card details.

Refund policy

All purchases of Virtual Content are final and non-refundable, except as otherwise provided by mandatory consumer protection laws or by the refund policies applied by Apple or Google. By purchasing Virtual Content, you agree to the immediate supply of the digital content and acknowledge that you lose your right of withdrawal under Article 59(1)(o) of the Italian Consumer Code (Legislative Decree 206/2005) once the download or supply has begun.

Changes to Virtual Content

Wakala reserves the right to manage, regulate, modify, rebalance or remove Virtual Content (including prices and availability) at any time, without notice and without any liability towards the User.

Advertising and third-party content

The Apps may include advertisements provided by third-party ad networks (e.g. Google AdMob, Unity Ads, AppLovin, etc.), including banners, interstitial videos and rewarded videos (rewarded ads).

• By using the Apps, you agree to the display of such advertising content.
• Rewarded videos offer in-game benefits on a voluntary basis; not watching the ad in full or technical issues with third-party providers may prevent the reward from being granted.
• Wakala does not control and is not responsible for the content, products, services or privacy practices of third-party websites or applications linked through advertisements.

User conduct rules

When using the Apps, you agree not to:

• use cheats, exploits, automation software, bots, hacks, mods or any other unauthorised third-party software designed to modify or interfere with the operation of the Apps;
• exploit bugs or system errors to gain unfair advantages or alter the game economy;
• interfere with the servers, networks or security measures of the Apps;
• circumvent the Stores’ payment systems or attempt to obtain Virtual Content fraudulently.

If you breach these rules, Wakala reserves the right to immediately suspend or revoke your access to the Apps and the related Virtual Content, without any obligation to refund.

Updates and service availability

Wakala may release updates, patches or changes to the Apps to improve their performance, fix bugs or introduce new content. Some updates may be mandatory to keep using the App.

Wakala does not guarantee that the Apps will always be available, uninterrupted or error-free, and reserves the right to modify, suspend or permanently discontinue any App or feature at any time.

Disclaimer of warranties and limitation of liability

To the maximum extent permitted by applicable law, the Apps and all related content are provided “as is” and “as available”, without warranties of any kind, express or implied.

In no event shall Wakala S.r.l., its directors, employees or partners be liable for indirect, incidental, special, consequential or punitive damages (including loss of data, profits or game progress) arising from the use of or inability to use the Apps. This does not affect Wakala’s liability for wilful misconduct, gross negligence or any other case in which liability cannot be excluded by law.

Specific provisions for Apple App Store

If you download or use the Apps through the Apple App Store, you acknowledge and agree to the following:

• These Terms are concluded solely between you and Wakala S.r.l., and not with Apple Inc. (“Apple”). Wakala, not Apple, is solely responsible for the Apps and their content.
• The licence granted is limited to using the App on any Apple-branded device that you own or control, as permitted by the Usage Rules set out in Apple’s Media Services Terms and Conditions.
• Apple has no obligation whatsoever to provide any maintenance or support services for the Apps.
• In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, of the App; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation with respect to the App.
• Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of it.
• Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance, 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.

Privacy and personal data processing

The collection and processing of Users’ personal data (including advertising identifiers such as IDFA/GAID for managing ads and purchases) are governed by our Privacy policy.

Changes to these Terms

Wakala reserves the right to update or change these Terms at any time. Changes will take effect from the date the updated version is published in the App or on our website. Continued use of the Apps after the changes are published constitutes acceptance of the new Terms.

Governing law and jurisdiction

These Terms are governed by and construed in accordance with Italian law. For any dispute arising from the interpretation, validity or performance of these Terms:

• Consumer Users (EU): if the User acts as a consumer resident in the European Union, the courts of the place where the consumer resides or is domiciled shall have exclusive jurisdiction, under the Italian Consumer Code (Legislative Decree 206/2005).
• Other cases: in all other cases, the Court of Rome shall have exclusive jurisdiction.