HappyCloud: Water Tracker + Reminder – Terms & Conditions

These Terms and Conditions of Use (the “Terms of Use” or “Terms”) apply to all associated sites and applications owned or operated by the individual developer of HappyCloud: Water Tracker + Reminder (“HappyCloud,” “we,” “us,” or “our”), including, but not limited to, the HappyCloud website (the “Site”) and the HappyCloud iOS and web application (together, the “Service”).

The Site, the iOS and web application, and any other features, tools, materials, or other services (including co-branded or affiliated services) offered from time to time by us are referred to here as the “Service.” Please read these Terms carefully before using the Service.

BY BROWSING OR USING THE SERVICE, YOU AGREE, WITHOUT LIMITATION OR QUALIFICATION, TO BE BOUND BY THESE TERMS AND ANY ADDITIONAL TERMS THAT MAY APPLY. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT USE THE SERVICE.

Age Requirement

YOU MUST BE AT LEAST 13 YEARS OLD TO USE THE SERVICE. IF YOU ARE BETWEEN 13 AND 17, YOU MAY USE THE SERVICE ONLY WITH THE CONSENT AND SUPERVISION OF A PARENT OR LEGAL GUARDIAN WHO AGREES TO BE BOUND BY THESE TERMS ON YOUR BEHALF. THE SERVICE IS NOT INTENDED FOR CHILDREN UNDER 13.

Not Medical Advice / Wellness Only

THE SERVICE PROVIDES HYDRATION REMINDERS AND WELLNESS-RELATED TOOLS FOR INFORMATIONAL AND HABIT-BUILDING PURPOSES ONLY AND DOES NOT PROVIDE MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. ALWAYS CONSULT A QUALIFIED HEALTHCARE PROFESSIONAL FOR QUESTIONS ABOUT YOUR HEALTH. DO NOT USE THE SERVICE FOR EMERGENCIES.

No Guarantees

WE STRIVE TO PROVIDE ACCURATE AND TIMELY INFORMATION; HOWEVER, ERRORS MAY OCCUR AND NOTIFICATIONS MAY BE DELAYED OR FAIL. WE DO NOT GUARANTEE THAT DATA (INCLUDING LOGS, ANALYTICS, OR NOTIFICATIONS) IS COMPLETE, ACCURATE, OR UP TO DATE, AND WE ASSUME NO LIABILITY FOR INACCURATE OR INCOMPLETE DATA.

We reserve the right, at our sole discretion and consistent with applicable law, to change, modify, add, or remove portions of these Terms at any time. It is your responsibility to check these Terms periodically for changes. We will post a notification on the Site or otherwise provide notice to you if these Terms materially change. Such changes become effective when specified in the relevant notification. If you do not agree to the changes, do not continue to use the Service after the effective date. Your continued use of the Service following notice means you accept and agree to the changes. As long as you comply with these Terms, we grant you a personal, non-exclusive, non-transferable, limited privilege to access and use the Service.

Content and Intellectual Property

All app screens, analytics, reminder logic, text, graphics, user interfaces, visual interfaces, photographs, videos, trademarks, logos, sounds, and computer code (collectively, “Content”), including the design, structure, selection, coordination, expression, “look and feel,” and arrangement of such Content, are owned by us or our licensors and are protected by U.S. and international intellectual property and proprietary rights.

All trademarks appearing on the Service are the property of their respective owners, including, in some instances, us and/or our partner companies. Nothing on the Service grants you any license to use any copyrights, trademarks, service marks, or logos owned by us or any third party.

When accessing the Service, you agree to obey the law and respect the intellectual property rights of us and others. You agree that you are solely responsible for any violations of law and any infringement of third-party rights caused by any Feedback (as defined below) or personally identifiable information (“PII”) that you provide or transmit to us.

All materials contained or distributed by us are owned by us or our licensors. You must not reproduce, modify, copy, publish, transmit, prepare derivative works based on, distribute, perform, or display our materials without prior written permission from us and, if applicable, any other copyright owner. You acknowledge that you do not acquire any ownership rights by downloading or printing our materials. Our materials may not be used in any unauthorized manner.

Use, Restrictions, and Responsibilities

You may browse the Site and use the Service solely for your personal, non-commercial use. Except as expressly provided in these Terms, no part of the Service may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, sold, distributed, or otherwise exploited in any way (including by “mirroring”) for any commercial purpose without our express prior written consent.

You may not use any “deep-link,” “page-scrape,” “robot,” “spider,” or other automatic device, program, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Service, or in any way reproduce or circumvent the navigational structure or presentation of the Service, to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Service. You may not attempt to gain unauthorized access to any portion or feature of the Service or any other systems or networks connected to the Service, by hacking, password mining, or any other illegitimate means.

You may not probe, scan, or test the vulnerability of the Service or any network connected to the Service, nor breach the security or authentication measures on the Service or any network connected to the Service. You may not modify, reverse engineer, decompile, disassemble, reduce, or attempt to reduce to a human-perceivable form any of the source code used in providing the Service; trace or seek to trace any information on any other user of or visitor to the Service; or exploit the Service in any way to reveal information other than your own as provided through the Service.

You agree not to interfere with the proper working of the Service or any transaction being conducted on the Service, or with any other person’s use of the Service, including by submitting viruses or harmful components, or overloading, flooding, spamming, mail bombing, or crashing the Service. You agree not to send unsolicited emails or messages (including promotions or advertisements) through the Service.

You also agree not to frame or use framing techniques to enclose any aspect of the Service (e.g., trademark, logo, proprietary information) or use any metatags or “hidden text” utilizing our name or trademarks without our express written consent.

You may not forge headers or otherwise manipulate identifiers to disguise the origin of messages or transmissions to us through the Service. You may not impersonate any person or entity.

You agree not to take any action that imposes an unreasonable or disproportionately large load on the Service or our infrastructure or networks.

Accounts

Accounts may not be shared and may only be used by one individual per account. You are responsible for maintaining the confidentiality of your password and are fully responsible for all uses of your username and password, whether by you or others. You agree to: (a) never use the same password for the Service that you use elsewhere; (b) keep your username and password confidential; (c) immediately notify us of any unauthorized use of your account or any other breach of security; and (d) use only your own credentials to access any restricted areas. We may act on instructions received through use of your credentials and may deny access or block transactions without notice if misuse is suspected. We may require you to change, or may unilaterally change, your username.

You may not use the Service for any unlawful purpose or to solicit the performance of illegal activity or other activity that infringes our rights or those of others. Any violation of our system or network security may subject you to civil and/or criminal liability.

License of Application

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable license to download and install a copy of the iOS application on a device you exclusively control and to run such copy solely for your personal use. We reserve all rights not expressly granted. You will not run any version of the application on a jailbroken device.

If you have downloaded our application, promptly download and install any new version we make available through the App Store. Some versions may include updated Terms, security fixes, and service improvements. Failure to update may expose you to increased security risks or Service malfunctions.

Additional Terms for iOS App

You acknowledge and agree that (i) these Terms are binding between you and us only, and Apple is not a party hereto; and (ii) as between Apple and us, we are responsible for the application and its content. Use the iOS application only on Apple-branded products running iOS and in compliance with App Store terms (including Usage Rules). Apple has no obligation to furnish maintenance or support services.

Apple is not responsible for addressing any claims by you or third parties relating to the application or your possession and/or use of the application, including product warranty or liability claims; any claim that the application fails to conform to legal or regulatory requirements; consumer-protection claims; or intellectual-property claims. In the event of any failure of the iOS application to conform to an applicable warranty not effectively disclaimed here, you may notify Apple and Apple may refund the purchase price (if any). To the maximum extent permitted by law, Apple has no other warranty obligations with respect to the application. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them.

Additional Terms for SMS/Push Communications

By enabling notifications in your profile settings, you agree to receive recurring push notifications and, if you opt-in, SMS messages related to reminders, account status, and product updates. Message frequency varies. Consent is not a condition of purchase. For SMS, reply STOP to unsubscribe or HELP for help. Message and data rates may apply. We are not liable for failed, delayed, or misdirected delivery. See our Privacy Policy (link) for how we collect and use your information.

Feedback

Any feedback, suggestions, questions, comments, ideas, notes, concepts, and other similar information relating to the Site, the Service, or HappyCloud that you provide (but excluding your PII) (collectively, “Feedback”) is deemed our proprietary information. We may use such Feedback for any purpose, including improvement and modification of the Service, and we shall own all rights, title, and interest in and to the Feedback and such improvements and modifications.

“Feedback” does not include PII (e.g., your name, email address, physical address, phone number, and payment info), which is subject to our Privacy Policy. To access parts of the Service, you may be asked to provide information, including PII. It is a condition of your use that all information you provide is correct, current, and complete.

Purchases, Subscriptions, Cancellations, and Conditions

Additional terms may apply to purchases of goods or services and to specific portions or features of the Service (e.g., promotions, trials), all of which are incorporated into these Terms. You agree to abide by such terms, including representing that you are of sufficient legal age to use or participate. If there is a conflict between these Terms and terms posted for a specific portion of the Service, the latter control for that portion.

We may change any products or services offered or their prices at any time, consistent with applicable notice procedures.

Billing & Trials. Your subscription may begin with a free trial, as shown at checkout. Trials may require at least one valid Payment Method. At the end of a trial, your subscription will automatically start and your Payment Method will be charged unless you cancel before the trial ends. For iOS in-app subscriptions, Apple handles billing; manage/cancel in iOS Settings › Apple ID › Subscriptions. For web purchases (if available), manage in your account settings on the Site.

No Refunds. Payments are nonrefundable and there are no refunds or credits for partial periods, except where required by law.

Invoicing & Charges. Fees may be billed in advance (monthly or as specified). Charges are due on the invoice date unless otherwise stated. By providing a Payment Method, you authorize us (or our processor) to charge all fees, taxes, and outstanding balances. You must keep your billing info accurate and up to date. Administrative charges may apply for collection efforts, returned/rejected payments, or changes to identifying information.

Taxes. Fees are exclusive of taxes. You are responsible for all taxes (except those based on our net income or property). If we must collect taxes, they will be invoiced and payable by you unless you provide a valid exemption certificate.

Privacy

Our Privacy Policy applies to your use of the Service and is incorporated into these Terms. You acknowledge that internet transmissions are never completely private or secure and that messages or information you send may be read or intercepted by others, even if encrypted notices are present.

You grant us a non-exclusive, non-transferable, irrevocable, worldwide, royalty-free, fully paid-up license to use your data as reasonably required to provide the Service, including creating aggregated and anonymized statistics and analytics regarding Service performance and usage. We own all aggregated statistics created from your data.

We may use personal information to: protect rights, privacy, safety, or property; enforce these Terms; audit compliance; prevent, identify, investigate, and deter fraud or illegal activity; and comply with laws and legal process. We do not sell personal information. We may share personal information with service providers, professional advisors, authorities (as legally required), and participants in business transactions (e.g., merger, acquisition), as described in our Privacy Policy.

Third-Party Content, Links, and Services

The Service may display third-party content, tools, or links (“Third-Party Content”). We have not reviewed all Third-Party Content and are not responsible for it, including privacy practices. Access does not constitute endorsement. We are not the seller of third-party products/services and are not responsible for their delivery, pricing, or representations. We may engage affiliates or third parties (e.g., analytics providers, cloud hosts) to provide all or part of the Service.

Monitoring and Copyright Complaints (DMCA)

We may, in appropriate circumstances and at our sole discretion, terminate the access of users who infringe others’ intellectual property rights. If you believe your work has been copied on the Service in a way that constitutes copyright infringement, send a notice containing the following (17 U.S.C. §512) to our copyright agent:

Copyright Agent (Email): yalul.com@gmail.com

Disclaimers

WE DO NOT PROMISE THAT THE SITE, SERVICE, APPLICATION, OR ANY CONTENT OR FEATURE WILL BE AVAILABLE, ERROR-FREE, ACCURATE, UP-TO-DATE, OR UNINTERRUPTED, OR THAT DEFECTS WILL BE CORRECTED. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND. ALL INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE.

WE CANNOT ENSURE THAT FILES OR DATA YOU DOWNLOAD FROM OR ACCESS ON THE SERVICE WILL BE FREE OF VIRUSES OR DESTRUCTIVE FEATURES. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.

WE DISCLAIM ALL LIABILITY FOR THE ACTS, OMISSIONS, AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SERVICE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICE OR ANY CONTENT IS TO STOP USING THE SERVICE.

HEALTH DISCLAIMER. THE SERVICE IS NOT A MEDICAL DEVICE AND DOES NOT PROVIDE MEDICAL ADVICE. HYDRATION NEEDS VARY; ALWAYS CONSULT A QUALIFIED PROFESSIONAL FOR PERSONALIZED ADVICE. DO NOT RELY ON THE SERVICE FOR EMERGENCY NOTIFICATIONS OR CRITICAL ALERTING.

Applicable Law, Venue, and Dispute Resolution

Governing Law & Venue. These Terms and any disputes are governed by the laws of the State of California, without regard to conflicts of laws principles. You consent to the exclusive venue of the state and federal courts located in San Francisco County, California, except as provided below for arbitration.

Arbitration. Any dispute relating to your use of the Service shall be submitted to confidential arbitration in San Francisco County, California under the AAA Consumer Arbitration Rules, as modified by this arbitration section. The Federal Arbitration Act governs interpretation and enforcement of this provision. The AAA Rules and filing instructions are available at adr.org or 1-800-778-7879.

If the claim is for $25,000 or less, you may choose: (1) documents-only arbitration; (2) a telephonic hearing; or (3) an in-person hearing in the venue above. The arbitrator shall issue a reasoned written decision. A party intending to seek arbitration must first send a written Notice of Dispute to: Yali Goldstein, yalul.com@gmail.com describing the claim and relief sought. If the parties cannot resolve the claim within 30 days, either may commence arbitration. All disclosures during arbitration must be kept confidential.

Class Action Waiver. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE CLAIMS OF MORE THAN ONE PERSON.

Injunctive Relief. Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in a court of competent jurisdiction to protect intellectual property or prevent unauthorized access or use of data.

Time to File. Any claim or cause of action must be filed within one (1) year after it arose or be forever barred, to the fullest extent permitted by law.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES WILL WE, OUR OFFICERS, DIRECTORS, AFFILIATES, OR LICENSORS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR DATA, ARISING FROM OR RELATED TO YOUR USE OF (OR INABILITY TO USE) THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN JURISDICTIONS THAT DO NOT ALLOW SUCH LIMITATIONS, LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

Indemnity

You agree to defend, indemnify, and hold harmless us and our affiliates and our/their officers, directors, employees, consultants, agents, licensors, and suppliers from and against any and all claims, losses, expenses, liabilities, damages, and costs (including reasonable attorneys’ and experts’ fees) arising out of or related to: (i) your use of the Service; (ii) your violation of these Terms or applicable law; (iii) any actual or alleged infringement by you of any intellectual property, privacy, or other rights; or (iv) any unauthorized use of the Service with your account credentials. We may assume the exclusive defense and control of any matter otherwise subject to indemnification by you, at your expense, and you may not settle any matter without our prior written consent.

Rights to Terminate Use

We may suspend or terminate your access to the Service at any time, with or without notice, if we believe you have violated these Terms or for any other reason. Upon termination, we will retain your data in accordance with our Privacy Policy. Provisions that by their nature should survive termination do survive (including, without limitation, IP, payment obligations, disclaimers, limitations of liability, indemnity, and dispute resolution).

We may cancel subscriptions at any time in our discretion; affected users will be notified.

State-Specific Provisions (California)

Under California Civil Code Section 1789.3, California users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. You may contact us at yalul.com@gmail.com.

We also provide California residents with the disclosures and rights described in our Privacy Policy.

Severability

If any provision of these Terms is unlawful, void, or unenforceable, that provision will be enforced to the maximum extent permissible and the remaining provisions will remain in full force and effect.

Entire Agreement

Our failure to exercise or enforce any right or provision shall not constitute a waiver. These Terms, together with any policies or rules posted on the Site or within the Service (including the Privacy Policy), constitute the entire agreement between you and us and supersede any prior agreements related to the Service. Any ambiguities shall not be construed against the drafting party.

Changes to Terms of Service

You can review the most current version of the Terms at any time on this page. We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms by posting updates to our Site. Your continued use of the Service following such changes constitutes acceptance.

Miscellaneous

“Including” means “including but not limited to.” Headings are for convenience only and do not affect interpretation. We may assign our rights and duties under these Terms at any time without notice. You may not assign any rights or delegate obligations without our prior written consent; any attempt is void. If you have questions about these Terms, our Privacy Policy, or the Service, contact us at yalul.com@gmail.com.

Last Updated: November 7, 2025

© 2025 Yali Goldstein / HappyCloud. All rights reserved.