Last updated: 4th August 2026
Welcome to Happimate. We're glad you're here.
We are Netarcs Ltd, a company registered in England and Wales (company number 04614488), with registered offices at C/O Mericrest, 8–10 Pembroke Building, Cumberland Park, Scrubs Lane, London, NW10 6RE, United Kingdom. We are the creators of Happimate (referred to below as the "App", "Happimate", "we", "us" or "our").
These Terms apply to everyone who uses Happimate, wherever in the world you are. By downloading, accessing or using the App, you agree to these Terms, which form a legally binding agreement between you and us.
Please read these Terms together with:
our Privacy Policy: https://www.happimate.com/policies/Privacy_Policy_v1.html
our Generative AI Use Policy: https://www.happimate.com/policies/Generative_AI_Use_Policy_v1.html
If you do not agree to these Terms, please do not download or use the App.
In these Terms:
"App Store" means Apple's App Store, and "App Store Rules" means Apple's rules and policies, including the Apple Media Services Terms and Conditions.
"Google Play" means the app distribution platform operated by Google, and "Google's Rules" means Google's Terms of Service and other applicable terms.
Where we say "App Store Rules or Google's Rules (as applicable)", we mean that the App Store Rules apply if you got the App from Apple, and Google's Rules apply if you got it from Google Play.
"App Store Provider" means Apple or Google, whichever you downloaded the App from.
Here's a short, plain-language summary of the most important things to know. It doesn't replace the full Terms below, so please read those too.
Happimate is a wellbeing app, not healthcare. It is not a medical device, we are not a healthcare provider, and nothing in the App is medical, psychological or emergency advice. If you are unwell or in crisis, contact a qualified professional or your local emergency services. See clause 4.
Happimate uses AI. Meditations, sleep stories, suggestions and companion chat may be generated by artificial intelligence. AI can be wrong, odd or unsuitable for you. Please use your own judgement. See clause 5.
You must be 13 or older, and if you're under 18 you need a parent or guardian's consent. See clause 2.
Subscriptions renew automatically until you cancel. Cancel through your App Store or Google Play account settings at least 24 hours before the renewal date. See clause 3.
Your legal rights are protected. Nothing in these Terms takes away any rights you have under the mandatory consumer protection laws of the country where you live — including any right to cancel, to a refund, or to content that matches its description and works as it should. Where those local rights are stronger than what's written here, your local rights win. See clauses 3.5, 13 and 19.
Questions? Email us at info@happimate.com or use the contact function in the App or on our website.
(a) These Terms form an agreement between you and us. In addition:
(i) Apple is not a party to this agreement and has no responsibility for the App or its content; and
(ii) Google is not a party to this agreement and has no liability under it.
(b) We give you a licence to download and use the App:
(i) for iOS users, onto any Apple-branded product, and to use it once downloaded, provided you follow these Terms and the App Store Rules; and
(ii) for Google Play users, to use the App provided you follow these Terms and Google's Rules.
(c) The licence:
(i) is personal, non-exclusive, non-transferable and for your own non-commercial use and, where the App Store Rules or Google's Rules (as applicable) permit, for use by others who have access to your Apple or Google account;
(ii) starts when you download the App and continues until it ends under clause 16; and
(iii) covers content, materials and services accessible from or purchased in the App, including our support resources, and updates to the App unless an update comes with separate terms — in which case we will give you the chance to review and accept them.
(d) The App may be accessed and downloaded by other accounts associated with you through family sharing or volume purchasing, in line with the App Store Rules or Google's Rules (as applicable).
(e) You must comply with the App Store Rules and Google's Rules (as applicable) as well as these Terms. If there is a conflict between them, follow the App Store Rules or Google's Rules rather than the equivalent rule here.
(f) You do not own the App or its contents, but you may use it on devices you own or control, as permitted by these Terms and by the App Store Rules or Google's Rules (as applicable).
(g) If you sell or give away a device on which you have installed the App, please remove the App first.
(h) You must not:
(i) modify the App's code in any way, including inserting new code, directly or through other software;
(ii) deliberately attempt to avoid or manipulate any security features in the App; or
(iii) present the App as your own, or make it available for others to download or use (including by copying its code and creating an independent version).
(i) Export and sanctions. You confirm that you are not located in, and are not a national or resident of, a country or territory that is subject to comprehensive trade sanctions or embargoes that would prohibit your use of the App, and that you are not on any applicable restricted-party list.
(a) The App is intended only for users who are 13 years of age or older and who have not previously been suspended or prohibited from using the App.
(b) By using the App you confirm that:
(i) you are at least 18 years old and are using the App for your own personal use; or
(ii) you are between 13 and 17 years old and have the consent of your parent or legal guardian to use the App; or
(iii) you are a parent or legal guardian consenting to the use of the App by a person aged between 13 and 17.
(c) If you are under 13, you must not access or use the App. If we learn that a user is under 13, we will close the account and delete associated personal data in line with our Privacy Policy.
(d) If you are between 13 and 17 and do not have your parent's or guardian's consent, you must not access or use the App.
(e) Higher local age limits. Some countries set a higher minimum age for using online services, giving consent to data processing, or entering into contracts. Where the law of the country you live in sets a higher minimum age (for example, a higher digital-consent age in parts of the EU, or a higher age of contractual capacity), that higher age applies to you, and a parent or legal guardian must consent on your behalf where required.
(f) Parents and guardians. If you consent to a young person aged 13–17 using the App, you accept these Terms on their behalf, you are responsible for their use of the App and for any charges they incur, and you agree to supervise their use — including their use of the AI companion features.
(a) Accounts. To use the App, you need to register for and receive an account (an "Account").
(b) Providing information. As part of registration, you may need to give us personal information such as your email address, name, a password, and other details we may reasonably require from time to time.
(c) Accuracy. You confirm that the information you give us during registration, and afterwards, is accurate, honest and up to date, and you agree to keep it updated.
(d) Acceptance. Once you complete registration, we may (acting reasonably) choose to accept you as a registered user and provide you with an Account.
(e) Security. You must keep your Account credentials secure and must not let anyone else access the App through your Account. You are responsible for activity that takes place through your Account, except where that activity results from our own failure. Please tell us promptly at info@happimate.com if you think your Account has been accessed without your permission.
(f) One account. Unless we agree otherwise, you may hold one Account and must not create an Account on behalf of anyone else without their permission.
(a) All billing and payment processing, including subscription fees ("Subscription Fees"), is handled by the App Store Provider from whose platform you downloaded the App, and is governed by that provider's terms and conditions. Prices, currencies and applicable taxes are shown to you in the App or store listing before you purchase.
(b) If you have a payment problem — for example a duplicate charge or a failed transaction — please contact the relevant App Store Provider directly, as we do not process these payments. We're still happy to help you where we can; just contact us.
(a) We may offer a free trial, introductory price or other promotional offer with a subscription (a "Promotional Offer"). The specific terms of each Promotional Offer will be described in the offer itself ("Offer Terms").
(b) Trials convert automatically. Unless the Offer Terms say otherwise, a free trial or discounted period will automatically convert into a paid, recurring subscription at the standard price when the promotional period ends, and your payment method will be charged, unless you cancel before then. We will tell you the length of the trial, the price after it ends and how to cancel, before you sign up.
(c) You can cancel at any time during the Promotional Offer period through your App Store Provider. Unless applicable law or the App Store Provider's policies require otherwise, no refund is payable for any unused part of a Promotional Offer or subscription period.
(d) You must meet all eligibility requirements in these Terms and the Offer Terms. Unless the Offer Terms say otherwise, Promotional Offers are only for new customers who have not previously subscribed to Happimate or enrolled in a Promotional Offer.
(e) We may reasonably determine your eligibility for a Promotional Offer, and may modify or withdraw a Promotional Offer at any time. Withdrawing an offer will not affect a Promotional Offer you have already validly claimed. Promotional Offers must be claimed by any advertised expiry date.
(a) Your subscription starts on the date you subscribe and runs for the subscription period shown at the point of purchase (the "Subscription Period"), plus any renewal periods, unless it ends earlier under clause 16.
(b) Your subscription renews automatically at the end of each Subscription Period for a further period of the same length (each a "Renewal Period"), at the then-current price, and your payment method will be charged, until you cancel.
(c) Where the law of the country you live in requires additional reminders, confirmations or consents before a subscription renews or a trial converts, we (or the App Store Provider) will provide them.
(a) You can cancel at any time. To avoid being charged for the next period, you must cancel at least 24 hours before the end of your current Subscription Period or Renewal Period (the "Renewal Date").
(b) You cancel through the App Store Provider you subscribed with:
(i) Apple: Settings → your name → Subscriptions → Happimate → Cancel Subscription.
(ii) Google Play: Play Store → Profile → Payments & subscriptions → Subscriptions → Happimate → Cancel.
(c) Deleting the App does not cancel your subscription. You must cancel through the App Store Provider.
(d) If you cancel, you keep access to the paid features until the end of the period you've already paid for, and (unless clause 3.5 or applicable law says otherwise) you are not entitled to a refund of fees already paid.
(a) Because payments are processed by the App Store Providers, refunds are generally handled by Apple or Google under their own refund policies. Please make refund requests to them in the first instance. If they decline and you believe you are entitled to a refund under the law of the country where you live, contact us and we will look into it.
(b) Your statutory rights are preserved. Many countries give consumers rights that cannot be excluded — for example, a right to cancel a distance contract within a set "cooling-off" period, a right to a refund, repair or replacement where digital content is faulty or not as described, or rules about renewals and price changes. Nothing in these Terms limits or removes those rights. Where the law of your country of residence gives you stronger rights than these Terms, those laws apply.
(c) Cooling-off and immediate access. In some countries (including EU/EEA countries and the UK), where you ask for immediate access to digital content during a cooling-off period, you may lose or reduce your right to withdraw once access begins. Where that is the case, we or the App Store Provider will make this clear and ask for your acknowledgement before you get access. Where the law does not allow this, your cooling-off right remains unaffected.
(d) We may offer a refund or credit voluntarily as a gesture of goodwill. Doing so once does not mean we will do so again.
Please read this section carefully. It matters.
(a) Happimate is a wellbeing, meditation, relaxation and self-care app. It is designed for general informational, relaxational, creative and personal use. It is not a medical device, not a healthcare or telehealth service, and we are not a healthcare provider, therapist, counsellor, physician or crisis service.
(b) We do not diagnose, treat, cure, prevent or monitor any medical or mental health condition. Nothing in the App — including meditations, sleep stories, breathing exercises, mood check-ins, suggestions, insights, or anything said by an AI companion — is medical, psychological, psychiatric, nutritional, legal, financial or other professional advice, and none of it should be treated as such.
(c) Content is general, not personal. All content, suggestions and AI outputs are general in nature. They are not tailored to your medical history, diagnosis, medication or individual circumstances, and may not be suitable or safe for you. Some practices (for example certain breathwork, visualisation or trauma-related content) may not be appropriate for everyone.
(d) Please seek professional support where you need it. Always talk to a qualified healthcare or mental health professional about any health concern, before starting or changing any wellbeing practice, and before starting, stopping or changing any treatment or medication. Never disregard or delay professional advice because of something you read, heard or were told in the App.
(e) The App is not for emergencies. Happimate is not monitored in real time by humans, and it cannot detect, assess or respond to a crisis or emergency. If you are in crisis, thinking about harming yourself or someone else, or facing a medical emergency, stop using the App and contact your local emergency services or a crisis helpline immediately. Emergency numbers differ by country — for example 112 across the EU and UK (999 also works in the UK) and 988 or 911 in the US. Please make sure you know the number where you are.
(f) Physical safety. Do not use meditations, sleep content, breathing exercises or AI chat while driving, operating machinery, swimming, or doing anything else that needs your attention. Some audio content is intended to help you fall asleep and should only be used when it is safe to do so.
(g) No warranties about outcomes. We make no promise, warranty or representation about the accuracy, completeness, reliability, suitability, availability or usefulness of the App, its content or any output generated through it, or about any particular wellbeing, sleep, mood or health outcome. Results differ from person to person.
(h) You decide. It is your responsibility to evaluate content and outputs before relying on or acting on them, to use your own judgement, and to comply with the laws that apply to you.
(a) How we use AI. Happimate uses artificial intelligence in several parts of the App, including:
(i) guided content — generating and personalising meditations, sleep stories, scripts, audio and related material; and
(ii) AI companion chat — conversational features where you can talk to an AI companion, receive replies, prompts, reflections and suggestions.
(b) Your AI companion is not a person. Any AI companion, character or persona in Happimate is software. It is not a human, a friend, a therapist, a counsellor, a coach or a professional adviser of any kind, and it has no professional qualifications, duty of care or clinical training — even if it sounds warm, empathetic, personal or human-like. It may use first-person language and remember things you've told it, but it does not have feelings, consciousness or understanding.
(c) AI can get things wrong. AI is an evolving technology. Outputs are produced automatically from patterns in data and from your inputs, and may be inaccurate, incomplete, out of date, irrelevant, biased, nonsensical, unexpected or unsuitable for you. Outputs may also differ between users or between sessions, even for the same prompt.
(d) Never treat AI output as professional advice, and please read clause 4 (Wellbeing, not healthcare) alongside this section. AI features are not a crisis service and are not monitored by humans in real time.
(e) Safeguards have limits. We use reasonable measures to keep AI outputs appropriate and safe, but no safeguard is perfect. If something inappropriate, harmful or concerning comes up, please stop and tell us using the in-App reporting tool or at info@happimate.com so we can look into it.
(f) Emotional reliance. AI companions can feel supportive, and that's part of the point — but they are not a replacement for human relationships or professional care. If you find yourself relying on the App in a way that worries you or affects your wellbeing, please take a break and speak to someone you trust or a qualified professional.
(g) How your inputs and outputs are used. Your prompts, messages, voice inputs, preferences and the outputs generated for you may be processed to deliver, operate, secure, personalise and improve Happimate and its features — including safety monitoring, abuse prevention and quality review. All such processing takes place in line with our Privacy Policy and Generative AI Use Policy, which explain what we collect, the legal bases we rely on, how long we keep it, whether it is used to train or fine-tune models, whether third-party AI providers are involved, and the choices and controls available to you (including any opt-outs). Where your consent is required by law, we will ask for it.
(h) Using AI features responsibly. You must not use the App's AI features in the ways listed in clause 10 (Acceptable use) — including attempts to jailbreak, manipulate or exploit them, or to generate harmful, illegal, sexual-content-involving-minors, hateful or abusive material.
(i) Your responsibility. You are responsible for reviewing AI outputs and deciding how to use them. Use of AI features is at your own discretion and risk.
(j) To the maximum extent permitted by law, and subject to clause 13, we are not liable for loss or damage arising from your reliance on AI-generated content or outputs.
(k) For more detail, see our Generative AI Use Policy: https://www.happimate.com/policies/Generative_AI_Use_Policy_v1.html
(a) We are responsible for customer service in relation to the App and are happy to help if something isn't working.
(b) iOS users: Apple has no obligation to provide any support or maintenance services for the App. Refunds may be available in a range of circumstances — see Apple's refund policies.
(c) Google Play users: Google has no obligation to provide any support or maintenance services for the App. Refunds may be available in a range of circumstances — see Google's refund policies.
(d) To reach us, use the "contact us" function in the App or email info@happimate.com.
(e) If we need to reach you, we will use the email address linked to your Account, or an in-App message.
(a) Protecting your personal information matters to us. Our Privacy Policy (https://www.happimate.com/policies/Privacy_Policy_v1.html) explains what personal information we collect, how and why we collect, store, use and share it, how long we keep it, your rights, and how to contact us or a supervisory authority with a query or complaint.
(b) Global data protection. We process personal data in accordance with the data protection and privacy laws that apply to you — for example the EU General Data Protection Regulation and UK GDPR, the California Consumer Privacy Act as amended by the CPRA, and comparable laws in other countries and states. Depending on where you live, you may have rights to access, correct, delete, port or restrict the use of your personal data, to object to certain processing, to opt out of the "sale" or "sharing" of personal information or targeted advertising, and to withdraw consent. Our Privacy Policy explains how to exercise these rights.
(c) International transfers. Happimate is operated from the United Kingdom and uses service providers in other countries, so your personal data may be transferred and processed outside the country where you live. Where we do this, we use appropriate safeguards required by applicable law, as described in our Privacy Policy.
(d) Sensitive information. Some information you share with Happimate — for example about your mood, sleep, stress or wellbeing — may be treated as sensitive under some laws. Please only share what you're comfortable sharing, and see our Privacy Policy for how we handle it.
(a) Happimate is a consumer wellbeing app. We are not generally a "covered entity" or a "business associate" under US healthcare privacy laws such as HIPAA, and we do not provide healthcare services, bill health plans, or hold medical records on behalf of a healthcare provider.
(b) This means the information you share with Happimate is generally protected by general consumer privacy laws (such as state privacy laws including the CCPA/CPRA and state health-data laws), rather than by HIPAA.
(c) If in future Happimate is offered through, or integrated with, a healthcare provider, health plan, employer health programme or insurer in the US, additional agreements and compliance steps may be required, and we will put appropriate arrangements in place and tell you if different terms apply to that use.
We may collect and use technical data — for example the specifications of your device, operating system, app version, crash logs and performance data — to provide software updates, product support, security and other services relating to the App. We may also use this information, in a form that does not identify you personally, to improve our products and develop new features and services. This is described in more detail in our Privacy Policy, and any personalisation based on your activity or AI interactions is carried out consistently with our Privacy Policy and Generative AI Use Policy.
(a) The intellectual property rights in the App and in all text, images, video, audio, software and other material made available through it (the "Content") are owned by us and our licensors.
(b) We and our licensors reserve all our intellectual property rights (including copyright, trade marks, service marks, domain names, design rights, database rights, patents and all other rights of any kind, registered or unregistered, anywhere in the world).
(c) Nothing in these Terms grants you any rights in the App or the Content beyond what you need to access and use them personally. You must not alter, circumvent or remove any notices in the App or the Content, including intellectual property notices and any digital rights management or security technology.
(d) Trade marks. "Happimate", together with associated logos, names, graphics and branding, are trade marks or branding assets of Netarcs Ltd or its licensors. Other trade marks may appear in the App. Please don't use any of these without our prior written consent.
(e) AI-generated outputs. As between you and us, and to the extent such outputs are capable of ownership, we do not claim ownership of the personalised outputs generated for you in response to your inputs (for example a meditation script written for you or a chat reply). You may use them for your own personal, non-commercial purposes. Please note that similar or identical outputs may be generated for other users, that outputs may not attract copyright protection in some countries, and that our rights in the underlying App, models, prompts, voices, templates and library content are unaffected.
(a) "User Content" means anything you submit to the App — for example messages to your AI companion, journal entries, mood entries, preferences, prompts, uploaded images or audio, feedback and reviews.
(b) You keep ownership of your User Content. We don't claim ownership of it.
(c) The permission you give us. You grant us a non-exclusive, worldwide, royalty-free licence to host, store, copy, display, adapt, process and otherwise use your User Content only for the purposes of:
(i) operating, providing and delivering the App to you, including generating AI responses and personalised content;
(ii) keeping the App safe, secure and lawful, including moderation and abuse prevention;
(iii) maintaining, troubleshooting and improving the App and its features, as described in our Privacy Policy and Generative AI Use Policy; and
(iv) complying with our legal obligations.
(d) This licence is limited, not perpetual. It lasts only as long as we need it for the purposes above, and it ends when you delete the relevant User Content or close your Account — except where we need to retain material for a limited period to meet legal, security, backup or dispute-resolution obligations, or where it has already been aggregated or de-identified so that it no longer identifies you.
(e) Feedback. If you send us suggestions or feedback about the App, we may use them freely without obligation to you. Please don't send us confidential information as feedback.
(f) Public content. If we introduce features that let you share content publicly or with other users, we will tell you clearly before you post, and the licence for that content will be extended only as far as needed to display and distribute it through those features.
(g) Your responsibility. You confirm that you have the rights needed to submit your User Content and that it does not break these Terms or anyone else's rights.
(h) Moderation. We may review, restrict or remove User Content that breaches these Terms or applicable law, or that presents a safety risk. Where we do, we'll tell you the reason unless we're legally prevented from doing so, and you can ask us to reconsider by contacting info@happimate.com.
(a) You must not use the App to:
(i) break the law, or encourage or facilitate unlawful activity;
(ii) infringe our or anyone else's intellectual property or other rights;
(iii) transmit viruses or other harmful code;
(iv) try to gain unauthorised access to computers, data, systems, accounts or networks;
(v) deliberately disrupt the operation of the App, our servers, our business or anyone else's;
(vi) harass, threaten, bully, defame, impersonate or abuse anyone, including our staff and other users;
(vii) create, request or share content that is illegal, hateful, discriminatory, violent, sexually explicit, or that sexualises or endangers minors, or that promotes self-harm, suicide, eating disorders, terrorism or serious harm to anyone;
(viii) misrepresent AI outputs as professional advice from a qualified person, or use the App to give medical, psychological or other regulated advice to others;
(ix) use the App for commercial purposes, resale, or to build or train a competing product or model;
(x) extract, harvest or systematically copy content, prompts, model outputs or data from the App by automated means, including scripts, bots or data collection tools; or
(xi) attempt to jailbreak, prompt-inject, reverse engineer, manipulate or exploit the App's AI features or safety controls, or to bypass usage limits or safety filters.
(b) Please use the App with the same respect and care you'd want from others. If something in the App makes you uncomfortable or seems unsafe, tell us at info@happimate.com.
(a) We may update the App from time to time, for example to fix bugs, improve security or enhance functionality. We may also change or remove functionality, but if we do we will make sure the App still matches the description of it available to you when you downloaded it. Where a change materially reduces the value of a paid subscription, we will tell you in advance and, where applicable law requires, offer you the ability to cancel and receive a proportionate refund.
(b) Updates will either download automatically or need to be triggered by you, depending on your device, its settings and the store you use.
(c) We strongly recommend installing updates as soon as they're available. Without them, the App may not work properly, or you may be exposed to security vulnerabilities. We support the current and most recent previous major version of the App.
(a) We may revise these Terms from time to time — for example to reflect changes to the App, to respond to a security issue, or because of changes in law, regulation or guidance.
(b) We will tell you about material changes in advance by in-App notification and where required we will ask you to agree to them. If you don't accept the changes, you may stop using the App and cancel your subscription as described in clause 3.4. Depending on the circumstances and applicable store policies, you may be able to request a refund from your App Store Provider.
(c) Minor changes that don't affect your rights (for example fixing typos or clarifying wording) may be made without advance notice, and the "last updated" date at the top will change.
(d) Subscription and price changes. We may change subscription features or prices. We will tell you about material changes, including price changes, at least 30 days in advance by email to the address linked to your Account and/or by in-App notice, together with how to cancel. Price changes will not take effect during a period you have already paid for. Where applicable law or the App Store Provider requires your express consent to a price increase, the increase will not apply unless you give it.
(a) What we never exclude. Nothing in these Terms excludes or limits our liability for:
(i) death or personal injury caused by our negligence;
(ii) fraud or fraudulent misrepresentation;
(iii) gross negligence or wilful misconduct, where applicable law does not allow this to be limited; or
(iv) any other liability that cannot lawfully be excluded or limited — including your mandatory rights as a consumer under the law of the country where you live.
(b) Consumer rights come first. This clause 14 applies only to the extent permitted by the law that applies to you. If any part of it is not permitted in your country, that part doesn't apply to you, and the rest still does.
(c) What we are not liable for. Subject to clause 14(a) and to the maximum extent permitted by law, we are not liable for indirect, incidental, special or consequential loss, or for loss of profit, revenue, business, opportunity, goodwill, data or anticipated savings, arising out of or in connection with the App, these Terms or your use of the App.
(d) Wellbeing and AI. Subject to clause 14(a), and consistent with clauses 4 and 5, we are not liable for any decision you make, action you take, or outcome you experience as a result of relying on content, suggestions or AI outputs in the App, or for treating the App as a substitute for professional medical, psychological or emergency support. We are also not responsible for the accuracy of AI outputs.
(e) Cap on our liability. Subject to clause 14(a) and to the extent permitted by law, our total liability to you arising out of or in connection with these Terms or the App — whether in contract, tort (including negligence), breach of statutory duty or otherwise — is limited to the greater of (i) the total Subscription Fees you paid for the App in the 12 months before the event giving rise to the claim, and (ii) £100 (or equivalent local currency).
(f) Foreseeability. We are responsible for loss or damage you suffer that is a foreseeable result of our breaking these Terms or failing to use reasonable care and skill.
(g) Personal use. The App is supplied for personal, domestic use. We are not liable for business losses such as loss of business profits, business interruption or lost business opportunity.
(h) Store remedies. If the App fails to meet the standards required by applicable law, and where the App Store Rules or Google's Rules require it, your remedy may include a refund from the relevant App Store Provider. Apple and Google have no other responsibility or obligation in relation to the App except as set out in their rules.
The App relies on a number of things working properly — your internet connection, your device, the App Store or Google Play, third-party APIs, AI model providers and hosting services. Many of these are outside our control. We will do what we reasonably can to resolve problems, but we are not responsible if you can't use all or part of the App because of a poor connection, a device fault, a store or third-party service failure, or anything else it would not be reasonable to expect us to control. This does not affect your rights under clause 14(a).
(a) We may temporarily suspend your access to the App if we reasonably believe that:
(i) you are breaching these Terms or misusing the App;
(ii) you are behaving abusively, threateningly or inappropriately towards us, other users or through the App;
(iii) your use poses a safety, legal, security or operational risk to us, other users or third parties; or
(iv) you are attempting to misuse, manipulate, exploit or jailbreak any part of the App or its AI features, including to generate harmful, illegal or otherwise prohibited content.
(b) Unless we are legally prevented from doing so, we will tell you the reason for the suspension and how to put things right, and we will restore access if the issue is resolved. Where a suspension is not your fault, we will not charge you for the period of suspension. Serious or repeated breaches may lead to termination under clause 17.
(a) You can leave at any time. You may stop using the App, close your Account and cancel any subscription (see clause 3.4) whenever you like.
(b) We may end this agreement if you materially breach these Terms, or if we are required to do so by law, or if we discontinue the App.
(c) We will give you reasonable notice before ending this agreement. If your breach is serious — for example you are interfering with the operation of the App, endangering others, or doing something unlawful — we may end it immediately and without notice.
(d) If we discontinue the App or a paid feature, we will give you reasonable advance notice and refund any fees you have paid for a period after the service ends.
(e) What happens when this agreement ends:
(i) you may no longer use the App and we may limit your access to it;
(ii) you should delete the App from your devices;
(iii) we may close or suspend your Account and delete associated data in line with our Privacy Policy; and
(iv) you will not receive a refund of fees already paid, except where the agreement ended through no fault of yours (for example under clause 17(d)), or where applicable law or the App Store Provider's policies entitle you to one.
(f) Getting your data. Before you close your Account, you can request a copy of your personal data as described in our Privacy Policy.
No one other than you and us has any right to enforce these Terms, except that, for iOS users, Apple and its subsidiaries are third-party beneficiaries of these Terms. This means that if you breach these Terms, Apple may enforce them against you directly.
(a) We may transfer our rights and obligations under these Terms to another business — for example as part of a reorganisation or sale. We will tell you if this happens and make sure it does not adversely affect your rights.
(b) You may not transfer your rights under these Terms to anyone without our prior written consent.
(a) Talk to us first. If something's gone wrong, please contact us at info@happimate.com or through the App. Most issues are resolved quickly and informally, and we aim to respond within 14 days.
(b) EU/EEA users. If we can't resolve your complaint, you may be able to use the alternative dispute resolution or consumer mediation schemes available in your country, and you can contact your national consumer protection authority.
(c) UK users. You may be able to use an alternative dispute resolution scheme, and free consumer advice is available from your national consumer advice service.
(d) Everywhere else. You may also have access to consumer complaint or mediation bodies in your own country. Using any of these routes does not affect your right to go to court.
(e) Nothing in this clause requires you to give up any right to bring a claim in court, and we do not require you to enter into binding arbitration or to give up the right to participate in group or class proceedings.
(a) Governing law. These Terms and any dispute arising out of them are governed by the laws of England and Wales.
(b) Your local protections still apply. If you are a consumer resident outside England and Wales, this choice of law does not deprive you of the protection given to you by the mandatory laws of the country where you live. Those protections apply in addition to these Terms, and where there is a conflict, your local mandatory consumer laws prevail.
(c) Where claims can be brought.
(i) You may bring proceedings against us either in the courts of England and Wales or in the courts of the country where you live.
(ii) We may bring proceedings against you only in the courts of the country where you live, unless the law of that country allows otherwise.
(d) No mandatory arbitration. We do not require you to arbitrate disputes with us, and nothing in these Terms waives your right to participate in collective or representative proceedings where the law of your country allows them.
(a) Severability. If any part of these Terms is found to be unlawful or unenforceable, the rest continues to apply.
(b) No waiver. If we don't enforce a right straight away, that doesn't mean we've given it up.
(c) Entire agreement. These Terms, together with the Privacy Policy, the Generative AI Use Policy and any Offer Terms, form the whole agreement between us about the App.
(d) Language. These Terms are written in English. We may provide translations for convenience; if there is any inconsistency, the English version prevails, except where the law of your country requires otherwise.
(e) Contact. Netarcs Ltd, C/O Mericrest, 8–10 Pembroke Building, Cumberland Park, Scrubs Lane, London, NW10 6RE, United Kingdom. Email: info@happimate.com.