terms of use
HappyTimers Terms of Use (EULA)
Last Updated: 30-9-2024
Welcome to HappyTimers!
Thank you for choosing HappyTimers, a visual timer app designed to help parents set timers for their kids. These Terms of Use (“EULA”) governs your access to and use of the HappyTimers mobile application (“Licensed Application”) and website (“Website”), collectively referred to as the “Services.”
This End User License Agreement (“EULA”) is a legal agreement between you and Kornelius Rients Medendorp, the owner and developer of the HappyTimers mobile application (“Licensed Application”). For the purposes of this agreement, “HappyTimers” refers to Kornelius Rients Medendorp, and all references to HappyTimers shall be understood as synonymous with Kornelius Rients Medendorp.
By downloading or using the Licensed Application, you agree to be bound by this EULA. If you do not agree with these terms, do not use the Services.
1. Acknowledgement
This EULA is concluded between you and HappyTimers only and HappyTimers is solely responsible for the Licensed Application and its content. Your use of the Licensed Application is also subject to Apple’s App Store Terms and Conditions, which may be updated from time to time.
2. Scope of License
HappyTimers grants you a non-exclusive, non-transferable, limited license to use the Licensed Application on any Apple-branded products that you own or control, and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions. The Licensed Application may be accessed and used by other accounts associated with you via Family Sharing or volume purchasing.
3. Usage of the Licensed Application
You are granted a limited, non-exclusive, non-transferable license to use the Licensed Application strictly for personal, non-commercial use, specifically for the purpose of setting timers and displaying visual timers.
You agree not to use the Licensed Application for any other purpose, including but not limited to:
• Reverse engineering, decompiling, or attempting to extract the source code of the Licensed Application.
• Using the Licensed Application to build a competitive product or service.
• Modifying, adapting, or tampering with the Licensed Application in any way.
• Using the Licensed Application in a manner that is unlawful or prohibited by this EULA or by applicable laws.
Any use of the Licensed Application that falls outside of these specified purposes is strictly prohibited and constitutes a violation of this EULA, which may result in the termination of your rights under this agreement.
4. Maintenance and Support
You acknowledge and agree that HappyTimers is under no obligation to provide any maintenance, support, or updates for the Licensed Application. Any maintenance or support services provided, if any, will be provided at the sole discretion of HappyTimers and may be discontinued at any time without notice.
HappyTimers reserves the right to modify, suspend, or discontinue the Licensed Application (or any part thereof), with or without notice, at any time and for any reason, without liability to you. You acknowledge that HappyTimers has no obligation to maintain compatibility of the Licensed Application with any future versions of operating systems or devices.
To the extent that any support, maintenance, or updates are provided, such services are provided “as is”, without any warranties or guarantees of any kind. HappyTimers makes no guarantees that the Licensed Application will remain available or functional during updates, and you acknowledge that your access to the Licensed Application may be interrupted or disrupted without notice during such updates.
No Obligations: HappyTimers does not guarantee that any errors or defects in the Licensed Application will be corrected, and any decisions to address or fix issues are made at HappyTimers’ sole discretion.
5. Warranty
To the maximum extent permitted by applicable law, the Licensed Application and all related services, including any in-app purchases or subscriptions, are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, or that the Licensed Application will meet your specific requirements, achieve any particular results, be compatible with all devices or software, or operate without interruption or errors.
No Warranty for Performance or Results: HappyTimers makes no representations or warranties regarding the performance or the results you may achieve from using the Licensed Application. You assume all risks associated with the use of the Licensed Application and any services or subscriptions.
No Remedies or Obligations: HappyTimers does not provide any remedies, support, or compensation in the event of any issues, failures, or defects in the Licensed Application. You agree that HappyTimers has no obligation to provide updates, replacements, or refunds, including for any unused portions of in-app purchases or subscriptions, unless otherwise required by applicable law.
Subscription Non-Refundable: All in-app purchases and subscriptions made through the Licensed Application are non-refundable, unless otherwise required by applicable law. You agree that once a subscription is purchased, you are not entitled to a refund or reimbursement for any unused portion of the subscription, even if you discontinue use of the Licensed Application before the subscription period ends.
Exclusion of Certain Damages: To the maximum extent permitted by applicable law, HappyTimers and its affiliates, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to loss of data, loss of profits, business interruption, or any other commercial damages or losses, arising out of or related to your use or inability to use the Licensed Application, regardless of the legal theory on which the claim is based and even if HappyTimers has been advised of the possibility of such damages.
No Warranty by Apple: You acknowledge that, in the event of any failure of the Licensed Application to conform to any applicable warranty, you may notify Apple. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Licensed Application.
6. Product Claims
You acknowledge and agree that HappyTimers is responsible for addressing any claims you may have relating to the Licensed Application or your possession and/or use of the Licensed Application, but only to the extent required by applicable law. However, HappyTimers shall not be liable for any claims arising from:
• Misuse or improper use of the Licensed Application by the end-user.
• Any failure of the end-user to comply with the terms of this EULA or applicable third-party agreements.
• Any modifications, alterations, or tampering with the Licensed Application not authorized by HappyTimers.
• Any issues or claims arising due to incompatibility between the Licensed Application and the end-user’s device, software, or third-party services.
To the maximum extent permitted by applicable law, HappyTimers’ liability for product claims shall be limited to the amount paid by the end-user for the Licensed Application. In no event shall HappyTimers be liable for any indirect, incidental, consequential, special, or exemplary damages arising out of or in connection with any product claims, whether in contract, tort, or otherwise, even if HappyTimers has been advised of the possibility of such damages.
7. Intellectual Property Rights
All intellectual property rights in the Licensed Application, including but not limited to the design, features, illustrations, graphics, content, trademarks, service marks, and copyrights, are and shall remain the sole and exclusive property of HappyTimers or its licensors. The use of the Licensed Application does not grant the end-user any ownership or rights to these intellectual properties beyond the limited license provided by this EULA.
You are granted a limited, non-exclusive, non-transferable, and revocable license to use the Licensed Application strictly for personal, non-commercial purposes. Unauthorized use, distribution, reproduction, or modification of the Licensed Application or its contents is strictly prohibited and may result in termination of this EULA and legal action.
In the event of any third-party claim that the Licensed Application or your possession and/or use of the Licensed Application infringes on third-party intellectual property rights, HappyTimers’ liability shall be limited to, at its sole discretion:
• (i) obtaining the right for you to continue using the Licensed Application;
• (ii) replacing or modifying the Licensed Application to avoid infringement; or
• (iii) terminating your license to use the Licensed Application and providing you with a refund of any fees paid for the Licensed Application (if applicable).
HappyTimers shall not be liable for any intellectual property claims resulting from:
• Your unauthorized use of the Licensed Application;
• Any modifications, alterations, or reverse engineering of the Licensed Application made by you or any third party;
• Your failure to comply with the terms of this EULA or third-party agreements related to the Licensed Application.
To the maximum extent permitted by law, HappyTimers shall not be responsible for any indirect, incidental, special, consequential, or exemplary damages arising out of or related to any intellectual property claim, whether such claim arises in contract, tort, or otherwise.
8. Legal Compliance
By using the Licensed Application, you represent and warrant that:
• 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.
• You are not listed on any U.S. Government list of prohibited or restricted parties.
9. Developer Name and Address
If you have any questions, complaints, or claims with respect to the Licensed Application, please contact HappyTimers at:
• Email: support@happytimers.app
• Address: Roerdomplaan 3, 3704 XG Zeist, Netherlands
• Telephone: +31-6 13516047
10. User Accounts and Purchases
• In-App Purchases: HappyTimers offers subscriptions and in-app purchases to access premium features. These transactions are processed through the app store from which you downloaded the Licensed Application.
• Unique User ID: A unique identifier is assigned to each user for managing subscriptions and purchases.
11. User Data and Privacy
HappyTimers is committed to protecting your privacy. Please review our Privacy Policy to understand how we collect, use, and safeguard your personal data in compliance with the General Data Protection Regulation (GDPR) and other applicable laws.
12. Third-Party Services
HappyTimers uses third-party services such as RevenueCat for receipt validation and subscription management. Your interactions with these third parties are governed by their own privacy policies and terms of service. You agree to comply with applicable third-party terms when using the Licensed Application.
13. Third-Party Beneficiary
You acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this EULA, and that, upon your acceptance of the terms and conditions of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third-party beneficiary.
14. Prohibited Activities
When using the Licensed Application, you agree not to:
• Use the Services for any unlawful purposes or in violation of any local, state, national, or international law.
• Attempt to disrupt or interfere with the Services’ functionality or security.
• Reverse engineer, decompile, disassemble, or attempt to discover the source code of the Licensed Application.
• Use the Services in any manner that could disable, overburden, or impair the Services.
15. Disclaimers and Limitation of Liability
• Use at Your Own Risk: You acknowledge that your use of the Services is at your sole risk.
• No Warranty: The Services are provided “as is” and “as available,” without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.
• Limitation of Liability: To the fullest extent permitted by applicable law, HappyTimers, its affiliates, directors, employees, and agents shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, data, goodwill, or other intangible losses arising out of or in connection with your use of the Licensed Application or the Services.
16. Indemnification
You agree to indemnify, defend, and hold harmless HappyTimers and its affiliates, officers, directors, employees, and agents from any and all claims, liabilities, damages, losses, or expenses (including legal fees) arising out of or in connection with your use of the Licensed Application, violation of this EULA, or breach of your representations and warranties under this EULA.
17. Termination
This EULA is effective until terminated by HappyTimers. Your rights under this EULA will terminate automatically and without notice if you fail to comply with any of its terms. Upon termination, you must immediately cease all use of the Licensed Application and destroy any copies, full or partial, of the Licensed Application in your possession or control. HappyTimers reserves the right to terminate this EULA at any time, for any reason, without notice to you.
18. Governing Law and Dispute Resolution
This EULA is governed by and construed in accordance with the laws of the Netherlands, without regard to its conflict of law principles. Any disputes arising out of or relating to this EULA or the Services will be resolved through amicable negotiations. If such negotiations fail, disputes shall be submitted to the exclusive jurisdiction of the competent courts in the Netherlands.
19. Severability
If any provision of this EULA is found to be unlawful, void, or unenforceable, that provision shall be deemed severable from this EULA and shall not affect the validity and enforceability of any remaining provisions.
20. Changes to this EULA
HappyTimers reserves the right to modify this EULA at any time. Any changes will be effective immediately upon posting the revised EULA with an updated revision date. Your continued use of the Licensed Application after any changes indicates your acceptance of the new terms.
By downloading or using the Licensed Application, you acknowledge that you have read, understood, and agree to be bound by this End User License Agreement.