Terms of Service for Happy Shell iOS Applications
1. Acceptance of Terms
By downloading, installing, or using the Happy Shell AI mobile application (the “App”), you (“User” or “you”) agree to be bound by these Terms of Service (“Terms”). If you do not agree to these Terms, you must not use the App. These Terms constitute a legally binding agreement between you and Ivan Khaustov (“we,” “us,” or “our”).
2. Description of Service
Happy Shell AI is a wellness application designed to help you track and improve your emotional well-being. The App uses artificial intelligence to analyze your health data trends and provide personalized recommendations for boosting your happiness and managing stress. The App integrates with Apple HealthKit to access relevant health metrics with your permission.
3. Subscriptions and Payments
3.1 Subscription Plans
The App offers a Premium Weekly Subscription that provides access to all features, including personalized AI wellness recommendations, health trend analysis, and unlimited chat support.
3.2 Free Trial
We offer a 3-day free trial for new subscribers. If you do not cancel before the trial ends, your subscription will automatically convert to a paid subscription at the current rate of $7.99 per week.
3.3 Billing and Renewal
Payment will be charged to your Apple ID account at the confirmation of purchase. Your subscription will automatically renew unless canceled at least 24 hours before the end of the current billing period. Your account will be charged for renewal within 24 hours prior to the end of the current period at the rate of your selected plan.
3.4 Managing and Canceling Subscriptions
You can manage and cancel your subscription at any time through your App Store account settings. Go to Settings > [Your Name] > Subscriptions on your iOS device. Cancellation will take effect at the end of the current billing period. Any unused portion of a free trial period will be forfeited when you purchase a subscription.
3.5 Price Changes
We reserve the right to change subscription prices. Any price changes will be communicated in advance and will apply to subsequent billing periods after notification.
4. Use of the App
4.1 License
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to download, install, and use the App on your iOS device for your personal, non-commercial wellness purposes.
4.2 Prohibited Uses
You agree not to: use the App in any way that violates applicable laws or regulations; use the App for any illegal, harmful, or unethical purposes; attempt to interfere with the proper working of the App; reverse engineer, decompile, or disassemble the App except as permitted by law; use the App to infringe upon intellectual property rights; upload harmful, abusive, or objectionable content; or attempt to gain unauthorized access to the App or related systems.
5. Health Disclaimer
The App is designed for general wellness purposes only and is not intended to diagnose, treat, cure, or prevent any medical condition. The AI-generated recommendations are for informational purposes and should not be considered medical advice. Always consult with a qualified healthcare provider before making any changes to your health routine. If you are experiencing a mental health crisis, please contact emergency services or a mental health professional immediately.
6. User Content
You retain ownership of any data, notes, or content you create within the App (“User Content”). You are solely responsible for your User Content. We do not monitor User Content but reserve the right to remove content that violates these Terms.
7. Intellectual Property
The App, including its design, code, graphics, and content (excluding User Content), is owned by us or our licensors and is protected by copyright, trademark, and other intellectual property laws. “Happy Shell AI” and our logos are our trademarks. These Terms grant you only a limited license to use the App as described herein.
8. Disclaimer of Warranties
THE APP IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT THE RESULTS OBTAINED WILL BE ACCURATE OR RELIABLE.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, OR GOODWILL, ARISING FROM YOUR USE OF THE APP. OUR AGGREGATE LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE APP IN THE TWELVE MONTHS PRIOR TO THE CLAIM, OR €10, WHICHEVER IS GREATER.
10. Termination
You may terminate your use of the App at any time by deleting it from your device and canceling any active subscription. We may terminate or suspend your access at any time for violation of these Terms. Upon termination, your license to use the App ceases immediately.
11. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, USA, without regard to conflict of law principles. Any disputes shall be resolved exclusively in the state or federal courts located in Delaware, and you consent to the personal jurisdiction of such courts.
12. Changes to Terms
We reserve the right to modify these Terms at any time. Material changes will be communicated through the App or via email. Your continued use of the App after changes constitutes acceptance of the updated Terms.
13. Contact Us
If you have any questions about these Terms of Service, please contact us at:
Email: ivan@kindintheshell.com