Terms of Use

Welcome to Happy Things! 

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The Happy Things Application (the “App”) encourages you to perform simple daily activities to increase your happiness (the “Service”). The Service is operated by Happy Things, Inc. (“Happy Things” or “we”, “us”, “our”). 
These Terms of Use (the “Terms”) together with our Privacy Policy [link to policy], and any other documents they incorporate, form a binding agreement between you and the Happy Things, and they govern your use of the Service. Please read these Terms carefully before using the Service.
By using the Service, you agree to these Terms in their entirety. If you do not agree to these Terms, you must cease your use of the Service. 

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Key Provisions
The following key points are provided for your reading convenience, but do not substitute the full Terms that are provided thereafter.

• Subject to these Terms, we give you a limited license to use the Service through your mobile device.

• We encourage you to consult with your healthcare providers before using the Service. The Service is not intended to provide medical or otherwise professional advice, and is not supplemental to any medical treatment.

• When you use the Service, you must comply with our usage instructions, adhere to any applicable law and refrain from using the Service in a manner prohibited by these Terms.

• We may take measures to block your access to and your use of the Service, if we, in our discretion, determine that you’ve violated these Terms or abused the Service. 

• Use of the Service is subject to payment of a periodic subscription fee.

• We respect your privacy. Here is a link to our Privacy Policy.

• We own all rights, title and interest in and to the Service. We do not claim ownership of Your Content, but by agreeing to these Terms you grant us a license to use it.

• Your use of the Service is subject to the terms and conditions that govern the application marketplace from which you downloaded the App. Operator of the marketplace is a beneficiary of these Terms and may enforce them against you. 

• You assume full and exclusive responsibility for your use of the Service. We and our staff will not be liable for any direct or indirect damage suffered by you or anyone acting on your behalf, arising from or related to the Service or your use of it.

• These Terms are governed by the laws of the state of New York and are subject to the jurisdiction of New York City courts. 

• We may occasionally amend these Terms. Your continued use of the Service indicates your consent to the amended terms.

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About the Service
The Service has been designed by Happy Things with the purpose of helping people increase their happiness and wellbeing through small activities. The Service includes behavioral, dietary, physical and other recommendations and suggestions (the “Things”). Our Service requires your active participation and engagement, and results of use of the Service may vary from one user to another.

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Use of the Service
General
Subject to these Terms, we give you a limited, non-exclusive, non-transferable, and non-sublicensable license to download and install the App on your smartphone or other device, and to access and use the Service though the App. You may only use the Service for personal purposes. 
Use of the Service requires prior registration and payment of a subscription fee, as detailed below. As a newly registered user of our Service, you will be entitled to a free trial period, subsequent to which you will be charged for your subscription, according to your chosen subscription plan. The length of the trial period will be presented to you during registration, and may differ between subscription plans. By using the Service, you represent that you are at least 18 years old.
Use of the Service requires Internet connectivity on your device. You bear the costs of such Internet connection, in accordance with your subscription plan with your mobile operator. 

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USE OF THE SERVICE IS AT YOUR OWN RISK. HAPPY THINGS AND OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, ADVISORS, CONSULTANTS, SUBCONTRACTORS AND ASSIGNEES (COLLECTIVELY, OUR “STAFF”) ARE NOT CERTIFIED TO PRACTICE ANY FIELD OF MEDICION OR PSYCHOLOGY. THE SERVICE IS NOT INTENDED TO PROVIDE, NOR SHOULD IT BE CONSTRUED AS PROVIDING, MEDICAL OR PROFESSIONAL ADVICE. THE SERVICE IS NOT SUPPLEMENTAL TO ANY TREATMENT PROVIDED BY YOUR HEALTHCARE PROVIDER, AND SHOULD NOT REPLACE REGULAR MEDICAL VISITS. IF YOU FEEL, AT ANY TIME, THAT YOU NEED PROFESSIONAL SUPPORT, PLEASE CONTACT YOUR DOCTOR OR YOUR LOCAL HEALTHCARE PROVIDER.

We encourage you to consult with your healthcare providers before using the Service, especially if you have been diagnosed with any sort of health condition.

 

Registration
To use the Service, you must register using a username. Registration does not require you to provide your actual name, your email address, your phone number or any other personally identifying information. 

 

Uploading and Sharing Content
We allow you to upload your own content to the Service, such as pictures and text descriptions relating to the Things you have done (“Your Content”). In addition, we allow you to share your Things with your friends on external platforms, such as WhatsApp, Instagram and Facebook. You bear the sole liability for the content you upload to the Service or share outside the App.

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Restrictions on Use
When using the Service, you must comply with these Terms and adhere to any applicable law. In addition, you may not –

• Attempt to circumvent, bypass or deactivate security or protection measures in the Service

• Use the Service in order to develop or create a product, a service or an application similar to, or competing with, the Service or us;

• Attempt to compromise information security in the Service or in any network or server used by us, attempt to uncover information security vulnerabilities, or attempt to engage in any form of probing, scanning, crawling, robotic navigating or hacking of the Service or our systems; 

• Attempt to register to the Service, access the Service, download any information or use any information on the Service, in an automated or mechanized process, or use the Service in any way other than for personal use of the registered user;

• Attempt to activate or access features or capabilities that are undocumented, not ordinarily accessible or deactivated in the Service; 

• Attempt to engage in reverse-engineering, disassembling or decompiling of the Service; 

• Use the Service in any manner that may give rise to a criminal offense, civil tort, infringement or violation of the rights of any third party;

• Attempt to burden or interfere with the operation of our systems which are related to the operation of the Service; 

• Attempt to integrate the Service in any application, web page, or any way other than expressly permitted in these Terms;

• Use the Service for or in connection with any action that may encourage or constitute threat, harassment or fraud;

We may take measures to temporarily block your access to the Service or permanently delete your account, without prior notice, if we, in our sole discretion, believe that you violated these Terms or have abused your right to use the Service.

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Subscription Fee
Use of our App is subject to payment of a monthly or yearly subscription fee. The choice between subscription plans is up to you. Payment is available through Apple Pay or any other payment method as Happy Things may make available from time to time. You will not be charged for your chosen subscription plan until your free trial period is over.

Happy Things reserves the right to change from time to time the subscription fees and the available subscription plans. A notification of such change will appear on the App, and the change will become effective a reasonable time thereafter, and in any case, not before the end of your current subscription cycle. In addition, Happy Things may offer users, from time to time, promotions and benefits related to the subscription fees.  

Your payments are processed by external service providers such as Apple pay, and not by us. Therefore, payments may be subject to additional commissions charged by those external service providers, in accordance with their own terms and conditions. You will bear sole liability for paying those commissions.
 

You may cancel your subscription through the App Store. The cancelation will become effective at the end of your current subscription cycle.

Cancellation does not entitle you to any refund of fees you paid for the then-current subscription cycle.   

 

Privacy
We respect your privacy. To better understand how we collect and use your information for the purpose of providing our Service, please read our Privacy Policy, which is an integral part of these Terms.

 

Intellectual Property 
Our intellectual property
All rights, title and interest in and to the Service, including all content therein (excluding Your Content) and all patents, copyrights, trademarks, trade secrets and other intellectual property rights and any goodwill associated therewith, embodied therein or utilized by us in the operation of the Service, whether such rights are registered or not, are the exclusive property of Happy Things and its licensors. This includes the App’s design, graphics, computer code, algorithms and “look and feel”.

Other than as expressly permitted in these Terms, you may not, either by yourself or by a third party on your behalf, copy, distribute, display or perform publicly, sublicense, decompile, disassemble, reduce to human readable form, execute publicly, make available to the public, adapt, make commercial use of, process, compile, translate, sell, lend, rent, reverse engineer, combine with other software, modify or create derivative works of, the Service, the App ,or any part thereof, in any way or by any means.

You may not use any name, mark or logo that is similar to our marks and logos. You must refrain from any action or omission that may dilute or damage our goodwill.

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Your Content
We do not claim any ownership of Your Content. However, by uploading Your Content you grant us an irrevocable, perpetual, world-wide, royalty-free, sub-licensable and assignable license to use Your Content in order to provide the Service and its features.

By uploading content, you represent to us that you have all necessary rights in and to Your Content, whether you own the or license the copyrights to it, to allow us to store it and make available to you on the Service. We may block your access to the service if we determine, in our sole discretion, that Your Content infringes third-parties’ intellectual property rights.

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Third Party Links 
The Service may contain links to third party websites and pages, including social media services, which are not operated or controlled by Happy Things. We will not be liable for any direct or indirect damage, financial or otherwise, incurred to you as a result of using or relying on the content of those websites and pages.

 

Application Marketplace
Your use of the App is subject to additional third-party terms and conditions that govern the application marketplace from which you downloaded the App, i.e., the App Store (the “Store”). Apple Inc. (the “Store Operator”) is not responsible for providing maintenance and support services with respect to the App.
Therefore, you and Happy Things agree and acknowledge as follows:

• These Terms are concluded between yourself and us, and not the Store Operator. The Store Operator is not responsible for the App. In the event of a conflict between these Terms and the Store’s terms of service, the Store’s terms of service shall prevail solely with respect to the conflicting provisions.

• The license granted to you in the App is a limited, non-transferable license to use the App on any Store Operator branded products that you own or control, as permitted by the Store Operator’s terms of service.

• You acknowledge that the Store Operator has no obligation to furnish any maintenance and support services with respect to the App.

• To the maximum extent permitted by applicable law, the Store Operator will have no warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty, will not be at the Store Operator’s responsibility.

• The Store Operator is not responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including (i) product liability claims, (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement, and (iii) claims arising from consumer protection or similar legislation.

• In the event of any third party claims that the App or your possession and use of the App infringes that third party’s IP Rights, the Store Operator will not be responsible for the investigation, settlement and discharge of any such infringement claim.

• You must comply with applicable third-party terms of agreement when using the App.

• The Store Operator and its subsidiaries are third party beneficiaries of these Terms. Upon Your acceptance of these Terms, the Store Operator will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties.
 

 

Changes to our App or Discontinuation
Happy Things reserves the right to change, at any time and without prior notice, the layout, design, scope, features or availability of the Service. Such changes, by their nature, may cause inconvenience or even malfunctions. You agree that we do not assume any responsibility with respect to, or in connection with the introduction of such changes or to any malfunctions or failures that may result therefrom.
We may, at any time and in our sole discretion, discontinue or terminate the operation of the Service or the App, or any part thereof, temporarily or permanently, for all users or for certain users, without any liability to you. 

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Disclaimer of Warranty
THE SERVICE IS PROVIDED FOR USE “AS IS” AND “WITH ALL FAULTS”. WE AND OUR STAFF DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICE, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, CORRECTNESS, LEGAL COMPLIANCE, NON-INFRINGEMENT, TITLE, COMPATIBILITY, PERFORMANCE, AVAILABILITY, SAFETY, SECURITY OR ACCURACY. YOU ACKNOWLEDGE AND AGREE THAT THE USE OF THE SERVICE IS ENTIRLY, OR TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AT YOUR OWN RISK. 
WE DO NOT WARRANT THAT THE SERVICE WILL OPERATE WITHOUT DISRUPTION, ERRORS OR INTERRUPTIONS, OR THAT THEY WILL BE, AT ALL TIMES, ACCESSIBLE, AVAILABLE OR IMMUNE TO ERRORS, GLITCHES OR UNAUTHORIZED ACCESS. 

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Limitation of Liability
To the maximum extent permitted by applicable law, we and our Staff shall not be liable for any direct, indirect, special, punitive, exemplary, statutory, incidental or consequential damage, or any similar damage or loss (including loss of profit and loss of data), costs, expenses and payments, either in tort (including negligence), contract, or in any other form or theory of liability, arising from, or in connection with the content available on the App, or the use of, or the inability to use, the Service or the App, or from any failure, error, or breakdown in the function of the Service, or from your reliance on the content displayed on the Service.
To the maximum extent permitted by applicable law and except in the event of intentional misconduct or fraud, the total and aggregate liability of us and our Staff, for any and all damages arising from of or related to these Terms or the Service, is limited to the subscription fees you paid us in the twelve months preceding the event purportedly giving rise to our liability.

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Indemnification
To the maximum extent permitted by law, you will indemnify, defend and hold harmless, us and our Staff, at your own expense and immediately after receiving a written notice thereof, from and against any damages, losses, costs and expenses, including reasonable attorney’s fees and legal expenses, resulting from any plea, claim, allegation or demand, arising from, or in connection with your breach of the Terms.

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Termination
We may, in our own discretion, terminate these Terms at any time by providing an appropriate message through the App, by blocking your use of the Service or by any other manner contemplated by these Terms, if we believe that you have abused your right to use the Service. 
We reserve the right to pursue any and all available remedies, in addition to termination.
When you cancel your subscription to the Service, your access to the Service and the content stored in connection with your use of the Service, is terminated on or after the effective date of the cancellation of your subscription. 

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General
These Terms do not create any agency, partnership, employment, trustee, or other type of legal relationship between you and Happy Things, other than that of two independent contractual parties.
These Terms and your use of the Service will be exclusively governed by and construed in accordance with the laws of the state of New York. Any dispute, controversy or claim which may arise out of or in connection with these Terms or the Service, shall be submitted to the sole and exclusive jurisdiction and venue of the competent courts in New York City, New York.

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Changes to These Terms
We may, from time to time and in our sole discretion, change the Terms. Your continued use of the Service after the effective date of the amended Terms constitutes your consent to the amended terms. If you do not consent to the amended terms, you must cease the use of the Service. The latest version of the Terms will always be accessible on the App.

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Contact Us
For any questions or inquiries, you may contact us using our App chat or by emailing us at contact@happythings.app