THE TALE APP TERMS OF USE

THE TALE APP by WoodHouse Productions AB (hereinafter “THE TALE APP”, “us”, “our” or “we”) offers a subscription service (the “Service”) that allows you (hereinafter and interchangeably “You” or the “Subscriber”) to access audiobooks, stories and other literary content (the “Content”) streamed over the Internet to Your mobile phone or to another compatible internet accessible device. By signing up for a subscription plan with THE TALE APP, by purchasing and/or cashing in a Gift Card, by downloading, accessing and/or using the THE TALE APP app or the THE TALE APP website, using an add-on service or product provided by THE TALE APP or otherwise by accessing or using the Content, or any of the Service’s features or functionalities provided by THE TALE APP as the case may be, You are entering into a binding agreement with THE TALE APP and agree to and accept to abide by these Terms of Use. You also thereby acknowledge and agree to THE TALE APP processing Your personal data in accordance with the THE TALE APP Privacy Policy.

These Terms of Use describe the conditions upon which the Service is available to You and supersede prior terms and conditions previously agreed upon. Agreeing to them is a requirement for Your access to and use of the Service. By accepting them You agree and accept that THE TALE APP may terminate this agreement or suspend Your access to the Service at any time and without prior notice if You fail to comply with any provision hereof. If You do not agree to the Terms (as defined below) You may not use the Service neither access or consume any Content provided by THE TALE APP.

Additionally, supplemental terms of use may apply to some parts of Service e.g. regarding rules for a particular competition, additional terms and conditions for add-on services or other activities, or for certain additional content, regarding separate subscription plans, products or software accessible through the Service. If supplemental terms and conditions are required, they will be disclosed to You in connection with the relevant activities or products. Any supplemental terms and conditions provided by THE TALE APP are an addition to these Terms of Use, and will, in the event of a conflict, prevail over these Terms of Use.

These Terms of Use, the THE TALE APP Privacy Policy and any additional and/or supplemental terms and conditions from THE TALE APP are hereinafter collectively referred to as the “Terms”.
 

1. Age Limit and Account Eligibility

1.1.

To be eligible to enter into these Terms and set up an account or enter into a subscription plan with THE TALE APP You must

• a) be at least eighteen (18) years old and/or otherwise have authorization and legal power to enter into this agreement by law in the country where the Service is made available to You;
• b) be a resident of the country in which the Service is made available to You; and
• c) agree to be bound by these Terms.

1.2.

You must also provide THE TALE APP with correct information about Yourself and provide correct contact details and a valid method of payment. Agreeing to the Terms and providing such information is a requirement for Your access to and use of the Service. If You do not agree to the Terms You may neither use the Service or its functions and functionalities nor consume any Content provided in the Service.
 

2. The Service

2.1.

THE TALE APP provides a personalized digital subscription service through which You as a Subscriber can stream and/or temporarily download the content to Your mobile phone or via other internet accessible devices accessed via the THE TALE APP app or any other THE TALE APP preinstalled software. Additionally, the Service can include personalized recommendations, messages, and features developed and modified specifically for You to enhance Your user experience. THE TALE APP may also from time to time offer access to different kinds of social media forums, which may or may not be open to the public, in order to further enhance and enrich Your user experience. Unless otherwise agreed in any supplemental terms or under a subscription plan offered to You by THE TALE APP to which You have agreed, the Service, as described above, may only be used for Your non-commercial personal use in accordance with the Terms.

2.2.

In order to use the Service, You must use a an internet-connected device compatible with THE TALE APP’s technical requirements or one of THE TALE APP’s business partner platforms onto which THE TALE APP’s application is installed and provide us or our business partner with Your choice of the payment methods accepted by THE TALE APP and as applicable from time to time. For a full and updated list of the technical requirements for using the Service, a complete list of THE TALE APP’s business partners and a list of the currently accepted payment methods please visit THE TALE APP’s website. THE TALE APP reserves the right however to modify technical requirements for the use of the Service and to change, add or remove business partners and payment methods from time to time. THE TALE APP will use its best efforts to notify You, via email or via push notification from within the Service, of any modifications which may limit Your technical ability to use the Service. Such notification will be sent no later than thirty (30) days prior to the entry into force of such modification. THE TALE APP reserves the right, at any time, to add or remove a business partner and payment solution without any prior notification to You.
 

3. Subscription plans

3.1.

THE TALE APP reserves the right, at its sole discretion, to offer the Service through different kinds of subscription plans, which could mean and include but not be limited to: promotional plans, plans provided by (or bundled with) third parties, plans based on the number of offered simultaneous streams, or plans based on limitations in the Content provided.

3.2.

THE TALE APP reserves the right, at its own discretion, to add new plans, remove existing plans or to change any features or functionalities of such subscription plans from time to time. Where such change materially affects an existing subscription plan to the detriment of a Subscriber, the Subscriber will be informed thereof and have the possibility to terminate the Service in accordance with section 12 in these Terms of Use.

3.3.

The number of simultaneous streams offered under a subscription plan will depend on the type of subscription plan that You have signed up to and will be stipulated in more detail in the supplemental terms and conditions separately accepted.

3.4.

Please see the THE TALE APP website for updated information on prices and any type of subscription plan offered from time to time in your country of residence. Here You will also find a presentation of the currently available subscription plan(s) and their corresponding supplemental terms (including any specific limitations) to which You, in order to access such plan, have to agree separately.

3.5.

In the event that more than one subscription plan is offered for You to choose from, You may change Your current subscription plan to another subscription plan currently offered by THE TALE APP in Your country of residence. However, any such change may take effect from the day that the change was registered and last until after Your next recurring payment date before a new change may be registered for the same account. Your original payment cycle of thirty (30) days will not be altered by a change between different subscription plans. You can easily review, manage or change Your account details and subscription plan by accessing Your account on Apple using the used Apple ID or on Google Play with Your Google account.

4. 
   Content Filters

4.1.

Any pre-installed Content filters, such as e.g. “kids’ mode” or other similar filter functions that may be offered from time to time, are offered to a user as an optional function. The metadata for each title in the Content that THE TALE APP relies on regarding e.g. age limits and identification of literary genres is provided by THE TALE APP’s publishing business partners. THE TALE APP therefore takes no responsibility for, and does not warrant that, You will find the filters based on such metadata completely to Your personal satisfaction. Furthermore, THE TALE APP cannot in any way guarantee that such filters are completely accurate or that they with complete certainty have filtered all non-relevant Content in accordance with what has been intended. If a filter does not work to Your satisfaction, please discontinue any use of the filter immediately and let us know how we may improve the filter and the Service to better meet Your expectations by contacting THE TALE APP via the THE TALE APP website. THE TALE APP welcomes any feedback regarding Content that You find inappropriate or unsuitable in light of the filters used or that you otherwise suspect may contain infringing or otherwise unlawful features. THE TALE APP depends on Your feedback so that we may improve our filters and our Service over time.

4.2.

If and where a pre-installed “kids’ mode” filter is offered to You as a Subscriber of the Service, the settings of such filter have been made based on the metadata to allow only such Content that is deemed by its publisher as suitable for children aged twelve (12) years old or younger. This means that the Content made available in “Kids’ mode” may include any and all books and genres in the THE TALE APP content catalogue intended for kids of all ages within this age group. THE TALE APP can not in any way guarantee that the filter is completely accurate or that it with complete certainty have filtered all non-relevant Content in accordance with what has been intended.
 

5. Free Content

5.1.

By using THE TALE APP a number of selected material is free of charge and has no time limit. This is intended as a way to allow users to try the Service.

6. Prices and Payments

6.1.

THE TALE APP cooperates with third party payment service providers through which all Your payments will be made before settled with THE TALE APP.

6.2.

Subscriptions are paid monthly in advance until the subscription is terminated or as otherwise specified. As regards the timing of the monthly payments, You will be charged once every thirty (30) days, commencing on the date when You activate Your subscription. In some cases, the date on which You will be charged will change, for example, if it is not possible to confirm the date of validity of information regarding Your chosen payment method such as eg. Your credit card details.

6.3.

THE TALE APP may offer time limited subscription plans for which You pay the full price in advance. Any such subscription plan will be automatically terminated at the end of the fixed time period.

6.4.

Prices are displayed on the THE TALE APP website. All prices include Goods & Services Tax (GST). Payment can be made by in-app payments such as Appstore, Google Play. THE TALE APP at any given time may inform You As regards credit cards, please be informed that THE TALE APP may refuse or block credit cards which are not issued in the country in which the Service is offered to You. THE TALE APP also reserves the right at any time and at its own discretion to deny certain types of credit cards.

6.5.

Prices may vary depending on type of payment method used. If prices vary, THE TALE APP will communicate this on the THE TALE APP website in connection to the general information on prices. Further, prices do not include any data communication costs or fees which Your internet or telecommunication service provider may claim under Your contract with such service provider.

6.6.

In the event of default of or a delayed payment, THE TALE APP reserves the right to suspend or terminate Your access to the Service. If this should occur, please log in to Appstore or Google Play and re-activate Your subscription. In the event of a delayed payment THE TALE APP is however entitled to charge You reasonable penalty interest, reminder fees, and where applicable, statutory debt collection fees.
 

7. Gift Cards

7.1.

THE TALE APP may offer different types of Gift Cards. Some Gift Cards may be product specific, which means that such a Gift Card is connected to a specific subscription plan, as determined by the buyer at time of its purchase. Any such Gift Card can only be used in accordance with the terms applicable to such plan.

7.2.

When You sign up as a Subscriber with a THE TALE APP Gift Card You agree to and accept the Terms the same way a paying subscriber of the Service does, less the payment provisions herein.

7.3.

As a THE TALE APP Gift Card user You will be provided full access to the Service in accordance with the relevant subscription plan during the full period of the Gift Card. Upon the expiry of the Gift Card, the Service will be automatically terminated unless You actively sign up as a paying subscriber or redeem a new THE TALE APP Gift Card. However, if You activate a THE TALE APP Gift Card when You are already a subscriber of the Service, THE TALE APP will temporarily suspend the requirement for payment of the Service until the expiry of the Gift Card, upon which time You will be automatically transferred back as a paying customer of the Service and resume the monthly subscription payment plan. your most previously used subscription plan. However, if such subscription plan is based on a product specific gift card you will be automatically transferred back to your most previously used recurring subscription plan based on a payment method not using a Gift Card.
 

8. Cancellation during the cooling off period

8.1.

When signing up as a Subscriber of the Service, regardless of which subscription plan You choose, You have a right to a fourteen (14) day cooling-off period. The cooling-off period applies from the date of signing up to a subscription plan.

8.2.

If You begin to listen to or read any content in the THE TALE APP, or use the Service in any other way, You agree that You forfeit the right to cancel Your purchase of the Service as per the cooling-off rights mentioned in section 8.1 You do however still have the right to termination of the Service in accordance with section 12 below.
 

9. Intellectual Property Rights

9.1.

The Service is our copyrighted property and contains the copyrighted property of our licensors or licensees, and all trademarks, service marks, trade names, trade dress and other intellectual property rights in the Service or in the Content available to You from within the Service are owned by us or our licensors or licensees or any affiliated companies. Except as we specifically agree in writing, no element of the Service or its content may be used or exploited in any way other than as part of Service offered to You under the Terms. You may own the physical device on which elements of the Service are delivered to You, but we retain full and complete ownership of the Service and all the intellectual property rights vested therein. We do not transfer rights or title to any portion of the Service to You nor do we transfer any rights or title to any portion of the content made available from within the Service to You. Nothing provided by any brand owned or licensed by THE TALE APP should be construed as granting, by implication or otherwise, any license or right of use of any trademark displayed on or within the Service to You.
 

10. Content and Software License

10.1.

The Content offered to You via the Service may vary from time to time and between the different countries and regions where the Service is available. The Content may also vary depending on Your location when You access the Service. THE TALE APP makes no representation that the Service or the content accessible through the Service will be available for use in any other country than Your residing country in which the Service is made available to You. For information on the content currently available in Your country, please visit the THE TALE APP website. Please be informed that THE TALE APP is under no obligation to notify You of any changes in the Content offered.

10.2.

The Service is configured to enable the use of the Service software, its content, virtual items or other materials owned or licensed by us. We hereby grant You a limited, revocable, non-exclusive, non-sublicensable, non-transferable license to access and use the Service software, its content, virtual items or other material for Your personal, non-commercial use only.

10.3.

You acknowledge, warrant and agree that You, or anyone to whom You allow access to the Service via Your account, will not copy, reproduce, duplicate, modify, create derivative works from, display, publish, distribute, disseminate, broadcast, transmit, sell, rent, lease, lend, sub-license or circulate or otherwise exploit for any purpose (commercial or otherwise) any material and/or part of or all of the Service to any third party (including, without limitation, the display and distribution of the material via a third party website) without the express prior written consent of THE TALE APP or except as otherwise expressly permitted under applicable mandatory law.

10.4.

You also acknowledge, warrant and agree that You, or anyone to whom You allow access to the Service via Your account, will not; (1) redistribute, circumvent or disable any content protection system or digital rights management technology used in the Service; (2) decompile, reverse engineer, disassemble or otherwise reduce any Service to a human-readable form; (3) remove any identification, copyright or other proprietary notices; or (4) access or use the Service in an unlawful or unauthorized manner or in a manner that suggests an association with our products, services or brands.

10.5.

This section 10 also applies to everyone who has access to the Service
 

11. Third party content and links

11.1.

The appearance of external hyperlinks and/or other elements generated by third parties accessible from the Service, our website and any forums provided by THE TALE APP both inside and outside of the Service does not constitute endorsement by THE TALE APP and/or its affiliated companies of the opinions or views expressed by such third parties’ on or outside of their websites/social media platforms. THE TALE APP does not verify, endorse or take responsibility for the accuracy, currency, completeness or quality of the content contained on these third parties’ sites. Furthermore, THE TALE APP is not responsible for the quality of or delivery of any products or services offered, accessed, obtained by or advertised at such third parties’ sites/social media platforms. As such, THE TALE APP will not be responsible for content provided on any third-party website/social media platform, and further THE TALE APP will under no circumstances be liable for any direct or indirect loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution or exploitation of any information or content contained within these third party hyperlinked websites/social media platforms.

11.2.

The Service may integrate, be integrated into, or be provided in connection with third-party services and content. THE TALE APP does not control those third-party services nor its content. You should carefully read any agreement or terms of use and privacy policies presented to You that apply to such third-party services and/or content.
 

12. Duration and termination

12.1.

As soon as You have become a monthly subscriber with THE TALE APP, the subscribtion will continue from month to month until terminated by You or by THE TALE APP. Unless You cancel Your subscription You therefore authorize us to charge You the next month’s subscription fee in accordance with the Terms and from the payment method that You have chosen and registered with THE TALE APP when You signed up for the Service, or otherwise as per Your later instruction to us.

12.2.

To terminate the Service before a new month is added to Your subscription term, You must terminate the Service no later than the day before a new monthly period begins, otherwise the subscription continues, and You are charged for another month before it is terminated.

12.3.

To unsubscribe, please access Appstore or Google Play and follow their process for unsubscribing.

12.4.

In addition to THE TALE APP’s termination rights in sections 3, 6.5 and 14.4 or elsewhere in the Terms, THE TALE APP has the right to terminate or restrict Your use of the Service with immediate effect if THE TALE APP has reasons to suspect that You (or anyone whom You have allowed access to the Service) have violated the Terms or any applicable laws, rules and regulations. This also apply if You are otherwise using the Service in a fraudulent way or a way that may cause damage to THE TALE APP or any third party.
 

13. THE TALE APP’s rights and responsibilities

13.1.

As part of providing the Service, THE TALE APP may contact You by mail, telephone, SMS, MMS, e-mail or directly via the Service for the purpose of communicating regarding the functionalities and the Content of the Service. Where applicable THE TALE APP may also, unless You have declined such contact, contact You by mail, telephone, SMS, MMS, e-mail or directly via the Service regarding promotions or similar activities, products and events that are related to the Service.

13.2.

If You have separately agreed and accepted thereto, THE TALE APP may also contact You via any other means of communication e.g. via third party social media platforms.

13.3.

All communication between THE TALE APP and the Subscriber shall be in accordance with THE TALE APP’s privacy policy.

13.4.

THE TALE APP is not liable for any disruption to mobile networks or in the service of internet providers.

13.5.

The Service is available around the clock, seven (7) days a week. However, THE TALE APP provides no guarantee that the Service will always be free of errors or interruptions. If there are any faults or interruptions affecting the Service, THE TALE APP will be given the opportunity to correct these without there being a breach of contract, i.e. of the Terms. THE TALE APP also has the right, within reason, to close the Service, for example, for carrying out upgrades and maintenance.

13.6.

THE TALE APP has the right, fully or partly, to transfer its rights and obligations under the Terms to third parties. THE TALE APP also has the right to engage subcontractors to carry out its obligations under the Terms. Any such changes which may affect the processing of Your personal data shall be handled in accordance with the THE TALE APP Privacy Policy.

13.7.

THE TALE APP may, at its own discretion, make changes in the Terms. When THE TALE APP makes material changes to the Terms to Your detriment this will be communicated to You e.g. by displaying a notice in the Service or by sending You an e-mail, SMS or a push notification via the Service no later than thirty (30) days before the changes take effect. In some cases we will ask for Your explicit consent and in some cases we will notify You in advance and Your continued use of the Service will constitute Your acceptance of the changes. It is therefore important that You read any notice or message from us carefully. If at any time You wish to discontinue using the Service due to such updates or changes in the Terms You may terminate Your subscription at any time by following the instructions set out in section 12 of these Terms of Use.
 

14. The Subscriber’s rights and responsibilities

14.1.

Unless otherwise follows from any applicable supplemental terms, the Subscriber may listen to the Content in the Service for the Subscriber’s private non-commercial use only. Users of the Service may e.g. not play audiobooks for an audience or in a public place. However, certain rights can be made for this. Please contact THE TALE APP in case this is of interest. Your account details (including but not limited to login details) are personal and they may not be shared with others.

14.2.

The Subscriber undertakes not to circumvent or to attempt to circumvent the technical or other limitations in place to prevent copying of the Content in the Service and to not copy, either in whole or in part, audiobooks, ebooks or other content in the Service, even for private use.

14.3.

You acknowledge and agree that Your access to and use of the Service shall comply with the Terms. You also acknowledge and agree the same for everyone whom You allow access to the Service via Your account. Access to any other user may only be granted by You in accordance with the Terms.

14.4.

In any reviews of audiobooks, ebooks or other literary content that the Subscriber writes or read loud, the Subscriber is responsible for ensuring that the Subscriber’s opinions are expressed in accordance with applicable laws and with respect to others and that the Subscriber does not use words or phrases that may be perceived as discriminatory or unnecessarily offensive or objectionable in forums that may be associated with THE TALE APP. It is furthermore the Subscriber’s responsibility to ensure that the Subscriber does not post, use or share intellectual property belonging to a third party or post, use or share content or comments that is or may likely be interpreted as illegal, e.g. defamatory content, materials portraying or suggesting sexual abuse or online hate comments.

14.5.

The Subscriber has no right to transfer his/her rights and obligations under the Terms, unless the Subscriber has THE TALE APP’s written consent to do so.

14.6.

The Subscriber must not use the Service in any way that causes, or is likely to cause, the Service to be interrupted, damaged or impaired in any way. You understand that You, and not THE TALE APP, is responsible for all electronic communications and content sent from Your device to us and You must use the Service, Your device and our website and any forums provided by THE TALE APP both inside and outside of the Service appropriately and for lawful purposes only. Subsequently You agree not to use the website for any fraudulent purposes, or in connection with a criminal offense or other unlawful activity or to send to send, use or reuse any material that does not belong to You; or is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, hatred or physical harm), deceptive, misleading, abusive, indecent, harassing, defamatory, libelous, obscene, pornographic, or is in breach of copyright, trademark, confidentiality, privacy or any other proprietary information or right; or is otherwise injurious to third parties.

14.7.

In the event that the Service, or parts thereof, is incorrect or faulty, You are urged to contact THE TALE APP by way of the contact form on the THE TALE APP website, from the email address registered to Your account or by using any other means to inform us or to lodge a complaint.

14.8.

The Subscriber acknowledges that the Service includes Content not appropriate or suitable for minors. You therefore agree, regardless of whether or not You have chosen to use a Content filter (such as e.g. the kids’ mode filter), not to let minors access the Service unless they are under Your supervision.

15. Contracting party

15.1.

The Service is provided and made available to You under the Terms by Woodhouse Productions AB, a limited liability company incorporated in Sweden with corporate identity number 556962-1120 and corporate address Barsebäcksvägen 70, 261 72 Häljarp. To contact us or our customer service department, please send an e-mail to info@onceappon.com

16. 
    Miscellaneous

16.1.

The Service is provided to You solely for the non-commercial purpose of consuming entertainment, information and other similar purposes.

16.2.

The Terms shall be governed and construed in accordance with the laws of Sweden, excluding its conflict of laws principles.

16.3.

In case of a dispute between THE TALE APP and the Subscriber, the parties should first attempt to resolve the dispute by agreement. If the parties cannot agree, the dispute may be referred to “Konsumentombudsmannen” https://www.konsumentverket.se/om-konsumentverket/konsumentombudsmannen-ko/

16.4.

If You are dissatisfied with the Service, the content available on it, or with the Terms, Your sole and exclusive remedy is to discontinue accessing or using the Service.

16.5.

To find more information about the Service or if You need assistance with any feature or with Your account please contact info@onceappon.com
 

Last reviewed 22 May 2020

WoodHouse Productions AB
Barsebäcksvägen 70, 261 72 Häljarp