These Terms and Conditions govern the use of the Happy Up app (“the App”), which refers collectively to all apps produced by Stéphane Copin, in association with Graham Macphee and Kristi Kelly, under the brandname Happy Up, including the website at happyupapp.co. By downloading or using the App, these terms will automatically apply to you – you should therefore make sure you read them carefully. If you do not agree to comply with and be bound by these Terms and Conditions, you must stop using the App immediately.
These terms shall not constitute an End User License Agreement (EULA). Therefore, other relevant EULAs may apply in addition to these terms, including but not limited to the Licensed Application End User License Agreement provided by Apple Inc.
We work hard to protect your privacy. We do not collect any personal data about your use of the App or the data you input in the App. We do not transfer any personal data from the app or store any data pertaining to our users. We may collect anonymised usage data to understand how the App is used.
We provide access to the App “as is” and on an “as available” basis. We may alter, suspend or discontinue the App (or any part of it) at any time and without notice. We make reasonable efforts to ensure that the content and services provided in the App are produced to a professional standard. However, we provide no representations, warranties, or guarantees that the App will meet your requirements, that it will be fit for a particular purpose, or that it will be compatible with all software and hardware.
To the fullest extent permissible by law, we accept no liability to any user for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) the App or the use of or reliance upon any content provided in the App. We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of the App resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship. Nothing in these Terms and Conditions excludes or restricts any forms of liability which cannot be excluded or restricted by law.
The App allows you to save text. All intellectual property produced by you in said text shall remain your own, and text saved by other users shall remain their own. All Intellectual Property required to develop and provide the App is either owned by us or has been licensed accordingly, including but not limited to source code, branding, images, and registered and/or unregistered designs. All copyright shall remain with its respective owner. Your use of the App does not constitute an assignation of any intellectual property rights from us to you.
We may alter these Terms and Conditions at any time. Any such changes will become binding on you upon your first use of the App after the changes have been implemented. You are therefore advised to check this page from time to time. In the event of any conflict between the current version of these Terms and Conditions and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.
These Terms and Conditions, and the relationship between you and us (whether contractual or otherwise) shall be governed by, and construed in accordance with, Scottish law.