Terms of Use

These Terms of Use are the license agreement (the "License Agreement") between you and Happy Brain, Inc. ("Happy Brain", "we", "us") with respect to Happy Brain's proprietary software application known as "Joyo", together with the services it connects to (the "Software").

By creating an account, or by installing or using the Software, you acknowledge that you have read this License Agreement and agree to be bound by its terms. If you do not agree to this License Agreement, do not use the Software and remove it from your device.

The Apple App Store section at the end of this License Agreement applies to every copy of the Software obtained from the Apple App Store, and prevails over any other provision of this License Agreement to the extent of any conflict.

Grant of License

Subject to your compliance with the terms and conditions set out here, Happy Brain grants you a limited, non-exclusive, non-transferable, non-sublicensable license to install and use the Software on Apple-branded products that you own or control, for the sole purpose of accessing, opening and using the capabilities and services enabled via the Software. The Software is licensed to you, not sold; no rights are granted other than those set out here. The scope of this license is further defined by the Scope of License clause of the Apple App Store section below, which prevails over this section to the extent of any conflict.

Your account

You need an account to use Joyo. Keep your sign-in details to yourself: you are responsible for the activity that happens under your account. Tell us at mind@happybrain.app if you believe your account has been used without your permission.

Restrictions on use

You may not: (i) copy, modify, translate, reverse engineer, decompile or disassemble the Software or create derivative works based on it; (ii) install the Software onto a server so that it is accessible via a public network; (iii) share or permit other individuals or entities to use the Software, or rent, lease or transfer the Software or the rights to use it; (iv) delete or modify any attribution, legal notice or other proprietary designation in the Software or any part of it; or (v) use the Software to break the law, or to interfere with, overload, or attempt to gain unauthorised access to the service or to anyone else's account.

Nothing in this section restricts access to or use of the Software by other accounts associated with you as purchaser through Family Sharing or volume purchasing, as the Scope of License clause of the Apple App Store section permits, or any act that applicable law expressly permits notwithstanding this section.

Any such forbidden use immediately and automatically terminates your license to use the Software, without derogating from any other remedy available to Happy Brain at law or in equity.

Title and ownership

The Software, and any revisions, modifications, enhancements and derivatives of it, are owned by Happy Brain and/or its licensors and are protected under copyright laws and treaties. All right, title and interest in and to the Software, including all associated intellectual property rights, are and shall remain owned solely by Happy Brain and/or its licensors.

Your content

What you write in Joyo is yours. Your moments, notes, photos, affirmations and goals remain your content, and this License Agreement gives Happy Brain no ownership of them.

To run the service we do need permission to handle that content. You therefore grant Happy Brain a worldwide, non-exclusive, royalty-free license to host, store, copy, back up, transmit and display your content, solely for the purpose of operating, maintaining and supporting Joyo for you — for example, to sync your journal between your devices, to restore it onto a new phone, and to keep backups. This license exists only so that we can provide the service to you; it ends when you delete the content or your account, except for copies that remain in routine backups until those backups are cycled out. We do not use your content for advertising, and we do not sell it. How we handle your content is described further in our Privacy Policy at https://joyo.my/privacy.

You are responsible for the content you put into Joyo, and for having the right to put it there.

Third party software

Any third party software that may be provided with the Software is included for use at your option. Such third party software is provided under the terms of the license attached or linked to it or, if no such license is attached, it is provided AS IS. Happy Brain is not liable for any losses or damages which may occur from the use of any third party software.

Updates and upgrades

Happy Brain improves the Software from time to time and may update or upgrade it at its sole discretion, with or without notification. Some updates or upgrades may be optional, and some may be required in order to keep using the Software.

Maintenance and support

Happy Brain is solely responsible for providing any maintenance and support services for the Software, as specified in this License Agreement or as required under applicable law. Requests for maintenance or support, and any questions, complaints or claims about the Software, should be sent to mind@happybrain.app, and we aim to respond within a reasonable time. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Software, as the Maintenance and Support clause of the Apple App Store section sets out.

Subscriptions and payment

Joyo offers one optional paid subscription, "Joyo Standard". It is an auto-renewable subscription with a term of one month. Joyo can be used without a subscription; a subscription is never required in order to keep or read the content you have already saved.

Price. Joyo Standard is $28.99 USD per month. The price that applies to you is the price shown in the app and on the Joyo product page in the App Store at the time you subscribe, in your local currency. Local prices and applicable taxes vary by country or region.

What it includes. A Joyo Standard subscription includes unlimited storage for the content you keep in Joyo, together with any other features that the app identifies as included in Joyo Standard at the time you subscribe. The set of features included in Joyo Standard may be added to, changed or removed over time, as the section on changes to the Software or this License Agreement describes.

How you are charged. Joyo Standard is sold and processed through the Apple App Store. Payment is charged to your Apple Account at confirmation of purchase. Happy Brain never receives your payment card details.

Automatic renewal. The subscription renews automatically for a further month, at the then-current price, unless it is cancelled at least 24 hours before the end of the current period. Your Apple Account is charged for the renewal within 24 hours before the end of the current period.

How to manage or cancel. You can view, manage and cancel your subscription at any time in the Settings app on your iPhone, under Apple Account, then Subscriptions, or in your Apple Account settings on any Apple-branded product. Cancelling stops the next renewal; it does not shorten the period you have already paid for. Deleting the app does not cancel a subscription.

Refunds. Refunds for App Store purchases are handled by Apple under the Apple Media Services Terms and Conditions. Happy Brain does not issue refunds, and does not refund a partial or unused portion of a subscription period, although we will gladly help you raise a request with Apple. Where the mandatory consumer law of the country in which you live gives you a right of withdrawal or a right to a refund, that right is unaffected by this paragraph.

Price and feature changes. The price of a subscription, and the features it includes, may change. Where a change affects a subscription you already hold, Apple will notify you and, where Apple's rules require it, ask for your agreement before the change takes effect.

Taxes. You are responsible for any taxes that apply to your purchase, other than those Apple collects and remits on your behalf.

If a subscription lapses. If a subscription is not kept in good standing, you may lose access to the features it unlocked. Losing access to a paid feature does not delete the content you have already saved in Joyo, which continues to be governed by the Your content section above and by our Privacy Policy.

Compliance with law and export control

The Software is intended for use only in compliance with applicable laws, and only with properly licensed media and content. You undertake to use the Software in accordance with all applicable laws, including without limitation all applicable export control laws, restrictions and regulations, and you agree that you will not export, or allow the export or re-export of, the Software in violation of any such laws, restrictions or regulations. You represent and warrant that you are not located in, under the control of, or a national or resident of, any country to which such export is restricted. The representations in the Legal Compliance clause of the Apple App Store section apply in addition to this section.

Changes to the Software or this License Agreement

Happy Brain may modify, suspend or discontinue any aspect of the Software at any time. Happy Brain also reserves the right to modify the terms of this License Agreement, whereby material changes will be disclosed to you through an update to the Software or by posting the revised agreement at https://joyo.my/terms. Except for changes to this License Agreement that affect your privacy, which shall be subject to your specific acceptance, your continued use of the Software following any revision of the Software or of this License Agreement constitutes your acceptance of that change.

Warranty disclaimer

THE SOFTWARE IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HAPPY BRAIN DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. JOYO IS A HABIT TRACKER AND JOURNAL. IT IS NOT A MEDICAL DEVICE AND IT DOES NOT PROVIDE MEDICAL ADVICE, DIAGNOSIS OR TREATMENT.

Nothing in this section excludes or limits any warranty or guarantee that the mandatory consumer law of the country in which you live gives you and does not allow to be excluded. Happy Brain remains solely responsible for any product warranties, express or implied by law, to the extent they are not effectively disclaimed, as the Warranty clause of the Apple App Store section sets out.

Limitation of liability

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (TORT, CONTRACT, OR OTHERWISE) SHALL HAPPY BRAIN OR ITS LICENSORS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY TYPE INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, BUSINESS INTERRUPTION, DEVICE FAILURE OR MALFUNCTION, LOSS OF BUSINESS PROFITS, LOSS OF DATA OR BUSINESS OR FINANCIAL INFORMATION, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL HAPPY BRAIN'S CUMULATIVE LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY LOSS OR DAMAGES EXCEED THE AMOUNT PAID BY YOU FOR USE OF THE SOFTWARE, EVEN IF HAPPY BRAIN HAD BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY.

This section does not limit Happy Brain's liability to you beyond what applicable law permits. It does not exclude or limit liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any other liability that the law of the country in which you live does not allow to be excluded or limited.

Termination

Without prejudice to any other rights, this License Agreement and your right to use the Software terminate automatically if you fail to comply with any provision of it. Happy Brain may terminate this License Agreement at any time, with or without prior notice. You may terminate it at any time by stopping your use of the Software and uninstalling it; to close your account and have your data deleted, email us at mind@happybrain.app, or delete your account in the app under Settings, then Privacy and Data, then Delete Account. Termination does not by itself cancel a subscription bought through the App Store; cancel that as the Subscriptions and payment section describes.

Privacy

The information Happy Brain collects through Joyo, why it is collected, who it is shared with and the choices and rights you have over it are described in our Privacy Policy at https://joyo.my/privacy, which forms part of this License Agreement. Happy Brain, Inc. is the controller of that information. Questions about it go to mind@happybrain.app.

Miscellaneous

This License Agreement constitutes the complete and exclusive agreement between us regarding the Software. HAPPY BRAIN'S ACCEPTANCE OF YOUR USE OF THE SOFTWARE IS EXPRESSLY MADE CONDITIONAL ON YOUR ASSENT TO THE TERMS SET FORTH HEREIN. If any provision of this License Agreement is held to be unenforceable, that provision shall be reformed only to the extent necessary to make it enforceable, and the remaining provisions shall stay in force. Failure of Happy Brain to enforce any right, or to take action against you in the event of any breach, shall not be deemed a waiver of that right or of subsequent action in the event of future breaches. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Nothing in this License Agreement limits any right you have under the mandatory consumer law of the country in which you live.

Apple App Store — additional terms

This section applies to every copy of the Software that you obtain from the Apple App Store. In the event of any conflict between this section and any other provision of this License Agreement, this section prevails.

Acknowledgement. This License Agreement is concluded between you and Happy Brain, Inc. only, and not with Apple Inc. ("Apple"). Happy Brain, and not Apple, is solely responsible for the Software and the content of the Software. This License Agreement does not provide for usage rules for the Software that conflict with the Apple Media Services Terms and Conditions, and to the extent that any provision of this License Agreement would do so, the Apple Media Services Terms and Conditions govern.

Scope of License. The license granted to you for the Software is a non-transferable license to use the Software on any Apple-branded products that you own or control, and as permitted by the Usage Rules set out in the Apple Media Services Terms and Conditions, except that the Software may also be accessed and used by other accounts associated with you as purchaser through Family Sharing or volume purchasing.

Maintenance and Support. Happy Brain is solely responsible for providing any maintenance and support services with respect to the Software, as specified in this License Agreement or as required under applicable law. You and Happy Brain acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Software.

Warranty. Happy Brain is solely responsible for any product warranties, whether express or implied by law, to the extent they are not effectively disclaimed. In the event of any failure of the Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Software to you; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Happy Brain.

Product Claims. You and Happy Brain acknowledge that Happy Brain, not Apple, is responsible for addressing any claims by you or any third party relating to the Software or to your possession and/or use of the Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with the Software's use of the HealthKit framework. This License Agreement does not limit Happy Brain's liability to you beyond what is permitted by applicable law.

Intellectual Property Rights. You and Happy Brain acknowledge that, in the event of any third party claim that the Software, or your possession and use of the Software, infringes that third party's intellectual property rights, Happy Brain, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

Legal Compliance. You represent and warrant that (i) 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; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

Developer name and address. The Software is published by Happy Brain, Inc., Leonard Grayver, Esq., 21515 Hawthorne Blvd., Suite 450, Torrance, CA 90503, USA. Any questions, complaints or claims with respect to the Software should be directed to Happy Brain, Inc. at that address, by telephone on +1 650 669 8385, or by email to mind@happybrain.app.

Third Party Terms of Agreement. You must comply with applicable third party terms of agreement when using the Software. For example, your use of the Software must not put you in breach of your wireless data service agreement, and your use of the Software obtained through the App Store is also subject to the Apple Media Services Terms and Conditions.

Third Party Beneficiary. You and Happy Brain acknowledge and agree that Apple, and Apple's subsidiaries, are third party beneficiaries of this License Agreement, and that, upon your acceptance of the terms and conditions of this License Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this License Agreement against you as a third party beneficiary of it.

Contact

Joyo is made by Happy Brain, Inc. Our address is Happy Brain, Inc., Leonard Grayver, Esq., 21515 Hawthorne Blvd., Suite 450, Torrance, CA 90503, USA, and our telephone number is +1 650 669 8385. Questions about this License Agreement go to mind@happybrain.app. Our Privacy Policy is at https://joyo.my/privacy.