These terms and conditions (the “T&C”) govern the use of the application “Darksheep” (the “App”) accessible by downloading it from app store or google store. You may have access to these T&C described hereunder by accessing the website of Darksheep www.darkseep.app (the “Website”) or if you access the App from your app store. By accessing and using the App and or the Website, you agree to be bound by the following T&C. Use of the App and/or Website is also governed by the Privacy Policy, which we suggest you to acknowledge it in order to have a comprehensive view with regard to the usage of the App and the Website.
Defintions:
Credits - the amount of money spent in exchange of a roast. A cost of a credit is $1;
Free Credits - bonuses offered to Users for certain actions such as: promoting the app, free trial or any other features expressly mentioned as being free of charge.
Provider/Darksheep - Counting Sheep S.R.L., a limited liability company, founded in Romania, Covasna County, Sfantu Gheorghe city, registered under Romanian Trade Register number J14/267/09.05.2019;
Roast - To humorously mock someone with a well-timed joke;
User/You - a natural person or company who choose to use the application.
About Darkhseep
1. “Darksheep” is an alarm clock app costumed for those who struggle to wake up every morning or for those who would simply like to keep up with their schedule. The App triggers the Users to press as less as possible the snooze button and encourages them to develop productive habits such as waking up as scheduled.
2. The role of the App is to keep you motivated to change the bad habits of always being late, procrastinating or losing important chances and to embrace healthy habits, such as punctuality. The App is a working like a game in which the winner is the one who presses less the snooze button.
3. “Darksheep” is an alarm clock app costumed for those who struggle to wake up every morning or for those who would simply like to keep up with their schedule. The App triggers the Users to press as less as possible the snooze button and encourages them to develop productive habits such as waking up as scheduled.
Types of collected information
1. Darksheep charges 1$ and roasts Users for each snooze they tap in the morning.
2. Users are introduced to the App by 3 onboarding screens. The use of the App is conditioned by introducing your bank account details. In the same time, Users have the possibility to postpone their card adding by accessing a free trial which contains 3 Free Credits.
3. When the alarm rings, Users have three ways to stop it by pressing the following buttons displayed on the screen:
- “Awake”, meaning that the User is awake;
- “Snooze”, meaning that the alarm is muted, but it will ring again after 5 minutes;
- “I was actually awake”. After snoozing, there is a 10 seconds countdown to make sure that Users haven’t mistakenly pressed the snooze. When the countdown ends, a vocally roast is released and 1$ is charged.
Disclaimer
1. „Roast” is a form of humor about a specific individual, in this case the User, who accepts and understands the App is providing innocent jokes, without any intention to insult or produce harm to anyone. The role of this App is to motivate the Users by patronizing bad habits of postponing the alarm clock. The User is sole responsible for the way of the roast interpretation and acceptance, and the Provider cannot be held liable for any behavior of the User as a result of using the App.
Registration, account and costs:
Payments:
Customer support:
Intellectual Property rights:
Confidentiality:
Termination:
Disputes and resolutions:
Limitation of liability:
- Use of the App;
- Errors, mistakes or inaccuracies of App, as a result of lack of updates of the User’s device operating system;
- Property damage of any nature whatsoever, resulting from your access to and use of the App;
- Any unauthorized access or use of our servers;
- Any bugs, viruses, Trojan horses or similar, which may be transmitted to or through the App by any third party
- Any errors or omission in any content of for any loss or damage of any kind incurred as a result of your use of any content posted, transmitted or any or otherwise made available via the APP.
4. Besides these core features, the App has many other features which can be found on the “Dashboard” section (statistics, add promo-codes, give feedback, report bugs, sign-out) or in the “Roast Zone” section (leaderboard, accessing all the roasts).
1. Downloading the App is free. Using the App is also free but only during the trial period. The app commercializes managed in-app consumable products consisting in morning snoozes and roasts that will be provided in written and mp3 format (voice over), for which the User will be charged.
2. Registration is open to all natural persons who are over 16 years of age. To those under this age registration is permitted under the condition of providing a proof of a prior consent from their parents or guardians. Each User shall only register once by creating an account in the App. The User is sole responsible for the statement related its age and the legal ability to create and use an account and under no circumstances Darksheep shall be held liable for further proof of false statement of User’s capacity in using the App.
3. The registration is made directly in the App via adoption of the registration details provided by the User on Facebook. For more information regarding the personal data collected from you and how we use it, please consult the Privacy Policy [insert hyperlink].
4. You may not rent or give away your Account, create an Account using a false identity or information, or on behalf of someone other than yourself. Please notify us immediately if your account has been unauthorized accessed and modify your login details immediately. You are solely responsible for maintaining the confidentiality of the login details and for any purchases made through your App, whether or not authorized by you.
1. In order to extend the functionality of the App after the trial period, it is required to add a credit or debit card from where an amount of 70 cents will be automatically withdraw as a guarantee of User’s financial liquidities. In exchange, the User will be rewarded with a one Free Credit
2. The charge shall be made only if there are no Free Credits in the “Bonuses” account.
3. The only costs you will be charged while using the App, others than those provided under art. 5.5, are the costs spent on Credits. We will never charge you for the App or its services without making it very clear to you exactly what you are paying for.
4. Users shall provide Darksheep with valid and updated credit information. Once provided the credit information the Users understands and accepts that Darksheep is authorized to charge such credit card for all Credits used within the App.
5. Payments are due after the expiry of the 30 seconds of the “Snooze” button and the Users shall be invoiced when a threshold of 5 Credits is met. For the avoidance of any doubt, the charge after the use of 5 Credits shall not be interpreted as Free Credits. Whether the Credits consumed are under 5, the User will be charged corresponding with the amount of used Credits when completing at least a month of abandonment of the App. All payments obligations are non-cancelable and fees paid are non—refundable.
6. The payment card data of the User will not be accessible to Darksheep and will not be stored by Darksheep, but only by the payment processor integrated in the App.
7. All information that you exchange with the payment provider will be subject exclusively to the privacy policy and/or other terms and conditions of it.
8. Darksheep will never be held responsible for the communication between you and the payment Provider.
9. The entity authorized to process payments is PAYPRO GLOBAL. For more detailed information with regard to the payment platform, please read carefully the terms of use described here .
1. Any questions related to the account issues can be referred to the following e-mail address: team@darksheep.app. We will use reasonable endeavors to respond to all queries within a reasonable time frame.
1. The titleholder of the App is also the exclusive owner of the intellectual property rights, including without limitation images, texts, graphics, symbols, web graphics.
2. It is forbidden to copy, distribute, publish, transfer to third parties, modify and/or otherwise alter, use, sell, distribute any materials of any material provided on the App, including but not limited to text, graphics, photos, voice covers, or any interactive features provided by the App (hereinafter “Darksheep Content”), without the express written consent of Darksheep, any violation from this rule being sanctioned according to the applicable legislation.
3. By way of exception Users are permitted to use the Darksheep Content for marketing purposes in fair manners, without prejudice of Provider’s prestige. Thereof Users may share roasts provided by the App (text and/or voice cover) or distribute links towards App on social media and in any other environments.
4. Users are allowed to create their own content within the "Roast Zone - Leaderboard" feature and in any “Reply” window of the App. The content provided shall refer to any content that Users upload, post or transmit (hereinafter, “User Content”) to or through the App including, without limitation, any text, comments, images which may refer to feedback of the App, replies to roasts provided by the App, suggestions of new roasts to be added in the App, etc.
Darsheep reserves the right to remove, disallow, block, or delete any User Content in its sole discretion, if the User Content includes references to a content that is offensive, defamatory, intended to disgust, includes commentary about religion, political orientation, false information etc.
5. Darksheep does not guarantee the accuracy, integrity, appropriateness, availability, or quality of any User Content and under no circumstances Darksheep will be liable in any way for any User Content.
6. The User understands and consents that the User Content provided in the “Roast Zone - Leaderboard" section may be promoted by Darsksheep within the App or may be shared on social media platforms for marketing purposes.
7. The User has the right to oppose to the use of User Content by asking the Provider to delete the User Content from the social media or any other environments where it was used.
1. Darksheep will keep the contents of information provided by the User confidential, as well as any documents provided or disclosed in any way by the User, unless the User disclose information in virtue of a legal obligation or of a request from a governmental authority or if the disclosure is required in order to fulfill the obligations according to this T&C.
1. The User have the right to terminate the use of the App at any time via his/her by following the instructions provided in the account settings. Darksheep shall confirm such termination vis-a-vis the User.
2. Darksheep reserves the right to delete any of your accounts, in case you have multiple or false accounts by sending to the User a written notification in this respect.
1. Any questions related to the account issues can be referred to the following e-mail address: team@darksheep.app. We will use reasonable endeavors to respond to all queries within a reasonable time frame.
2. If the parties are unable to settle the matter between themselves, the matter shall thereafter be resolved by the competent courts from Romania, unless otherwise agreed upon by Darksheep and/or another dispute resolution forum is available pursuant to mandatory consumer law. If a dispute arises between you and Darksheep, we strongly encourage you to first contact us directly to seek a resolution. You can contact us via team@darksheep.app.
3. You can also file a complaint at the online platform for alternative dispute resolution (ODR-platform) through the following link: https://ec.europa.eu/consumers/odr.
1.To the fullest extent by applicable law, in no event Darksheep shall be liable to you for any direct, indirect, incidental, punitive or consequential damages whatsoever resulting from:
2. You acknowledge and agree that if you have not paid anything to Darksheep during such a time period, your sole remedy (and Darkseep exclusive liability) for any dispute with Darksheep is to stop using the App and to deactivate your account.
3. Because some countries, states, or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such countries, states, or jurisdictions, our liability (and the liability of our parent and suppliers) shall be limited to the extent permitted by law.
We reserve the right to, from time to time, in our sole discretion amend these Terms and Conditions. It is your responsibility to review these Terms and Conditions from time to time to understand the extent of changes. Your continued use of the App constitutes your agreement to the amended and updated Terms and Conditions.