Terms of Service

1. Registration

1.1 Eligibility

By agreeing to these Terms, you represent and warrant to us that you have not previously been suspended or removed from the Services and that you are at least sixteen years old. If you are a minor under the law of your country of residence, you may use the Services and enter into a paid Subscription only with the consent of your parent or legal guardian, who agrees to be bound by these Terms. We may cancel and refund a Subscription, or suspend or close an account, if we learn that it was purchased or created by a minor without the required consent. If you are a parent or legal guardian and believe your child is using the Services without your consent, please contact us at support@happy-squid.com and we will close the account. You may not use the Services if you live in a jurisdiction where access to or use of the Services or any part of them may be illegal or prohibited. It is your responsibility to determine whether your use of the Services is lawful, and you must comply with all applicable laws and regulations.

1.2 Accounts

To access our Services, you must create an account, which requires accepting these Terms. Registration is free of charge. You may register with your Google or Apple account or with your email address. The account may only be used by you, and you may not transfer it to a third party. You agree that the information you provide is accurate and that you will keep it accurate and up to date. You are responsible for keeping your login credentials confidential and for activity in your account, unless the unauthorized use is not your fault. We will send notices to the email address in your account, so please keep it current. If you believe that your account is no longer secure or suspect unauthorized use, you must notify customer support immediately by email at support@happy-squid.com.

1.3 Communications

By agreeing to these Terms and creating an account, you agree that we may send you service-related communications, such as service announcements, administrative messages, and notices regarding your account or these Terms. These communications are considered part of the Services. Where you have consented to receive them, we may send you promotional emails about our products and services. You may withdraw that consent at any time by following the unsubscribe instructions in the email or your account settings. Withdrawing your consent to promotional emails does not affect service-related communications. When you install our desktop or mobile applications, you may choose to receive push notifications. You can turn them off at any time in the settings. You agree that we may provide communications, notices, and other information to you electronically, for example by email or within the Services, and that these satisfy any legal requirement that such communications be in writing, except where mandatory law requires a specific form.

2. Subscriptions

2.1 Subscriptions

You may use Happy Squid's free version or sign up for a paid Subscription (“Subscription”). Certain parts and features of our Services are only available with a Subscription. The pricing and features for our Subscriptions are set out on our Pricing at https://www.happy-squid.com/pricing on our website and are displayed to you before you place your order. Prices in US dollars and Canadian dollars do not include tax; any applicable tax is added at checkout. All other prices include applicable value-added tax. The order process includes choosing an option, reviewing and verifying your choice, and submitting a binding order by clicking the order button labeled “Order with obligation to pay”. The contract is concluded when we issue the subscription confirmation, which will be sent to you by email within a reasonable time. The confirmation email includes the Subscription details as well as cancellation and withdrawal information. If you purchased your paid Subscription via our website or our desktop application, we will send the subscription confirmation to you by email immediately following your order. If you purchased your paid Subscription via an in-app purchase in the Apple App Store or Google Play Store, you will receive a receipt confirmation from the third-party store following your order, and Happy Squid will send you the subscription confirmation by separate email. Your Subscription begins on the date you receive the subscription confirmation email.

2.2 Billing Cycles

We offer monthly and yearly Subscriptions. You will be charged in advance for each recurring billing period (“Billing Cycle”), and billing continues indefinitely on a monthly or yearly basis until you cancel. We will automatically charge your account all applicable fees and taxes for the next Billing Cycle on the same calendar day on which you purchased your first Subscription. This means that you will be billed on the same day each month for monthly Subscriptions, and on the same day each year for yearly Subscriptions. YOU AGREE THAT YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW AT THE END OF EACH BILLING CYCLE, AND THAT WE WILL AUTOMATICALLY CHARGE YOUR PAYMENT METHOD FOR THE APPLICABLE FEES AT THE START OF EACH NEW SUBSCRIPTION PERIOD, ON THE SAME TERMS AS YOUR CURRENT SUBSCRIPTION, UNLESS YOU CANCEL BEFORE YOUR RENEWAL DATE. Where required by law, we will remind you before each automatic renewal takes effect, and we will tell you the renewal date, the fees you will be charged, and how to cancel. If you live in a country whose law gives you the right to end a renewed yearly contract early, that right applies to your Subscription as well. In that case, you continue to pay the yearly Subscription fee in advance after the initial one-year term, but you may cancel at any time during a renewal period with effect from the end of the current month, and we will refund the fees for the unused full months on a pro-rata basis.

2.3 Free Trials

We may, at our sole discretion, offer free trials (“Free Trial”) of our Subscriptions for a limited time. Where we offer a Free Trial, we will clearly show you, before you sign up, the length of the Free Trial, the date on which it ends, and the total price of the Subscription that will follow, including the fee per Billing Cycle and any applicable value-added tax. The length of the Free Trial is set out on our Pricing page at https://www.happy-squid.com/pricing. You must add a valid payment method when you sign up for a Free Trial. You will only be charged once your Free Trial ends and your Subscription starts, and you may cancel at any time before your Free Trial ends. IF YOU DO NOT CANCEL YOUR SUBSCRIPTION DURING YOUR FREE TRIAL, IT WILL AUTOMATICALLY CONVERT TO A PAID SUBSCRIPTION AT THE END OF THE TRIAL PERIOD. YOU HEREBY AUTHORIZE US AND OUR THIRD-PARTY PAYMENT PROCESSORS TO CHARGE YOUR PAYMENT METHOD FOR THE APPLICABLE FEES. The day your Free Trial ends is the first day of your Billing Cycle. You may not create multiple Happy Squid accounts using different email addresses or Google or Apple accounts in order to obtain multiple Free Trials. We reserve the right to modify the terms of any Free Trial offer, or to cancel Free Trial offers entirely, at any time and without notice. If we change or cancel our Free Trial offers while you are in a Free Trial, your Free Trial will continue for its original length before converting into a paid Subscription.

2.4 Subscription Modifications

We may change the Services you receive under your Subscription, including their design, operation, content, features, and functionality. We may only do so for a valid reason, such as adapting the Services to a new technical environment or to a larger number of users, responding to changes in how the Services are used, or where a change is necessary to comply with the law or to maintain or improve the security, usability, or operation of the Services. The change itself will not cost you anything extra Modifications) and are independent of modifications to our Services. If a change does not affect your access to the Services or your ability to use them in more than an insignificant way, or if we have to make a change immediately for security or legal reasons, the change takes effect without advance notice. If a change affects your access to the Services or your ability to use them in more than an insignificant way, we will tell you by email or by a prominent notice within the Services at least thirty days before it takes effect, and we will tell you the date the change takes effect. You may then end your Subscription free of charge at any time before the change takes effect, as set out in Section 2.5 (Cancellations). For yearly Subscriptions, we will refund the fees for the unused full months of the annual period on a pro-rata basis. IF YOU DO NOT CANCEL YOUR SUBSCRIPTION BEFORE THE CHANGE TAKES EFFECT, YOU AGREE TO THE CHANGE FROM THAT DATE.

2.5 Cancellations

You may cancel your Subscription at any time through the cancellation button on our website or through your account in our extension or our desktop or mobile applications. On our website, the cancellation button can be found at https://happy-squid.com/cancel-subscription. It is permanently and easily accessible. You are not required to log in to your account to cancel your Subscription. However, you are required to provide certain information to identify the contract, including the email address associated with your account. In our desktop and mobile applications, you can find the cancellation option at all times by going to settings, then to your account, and then clicking the cancellation button. You may be asked to confirm that you want to cancel your Subscription. If your Subscription was purchased as an in-app purchase through the Apple App Store or Google Play Store, you must cancel it through your account with the respective app store, and that app store's terms govern the cancellation. If you cancel with ordinary notice, we will confirm the cancellation by email without undue delay. The confirmation will state which Subscription you canceled, the date we received your cancellation, and the date your Subscription ends. If you cancel your Subscription for good cause with immediate effect, we will review your cancellation and respond to you without undue delay. If you encounter a problem during cancellation, you can always contact our customer support by email at support@happy-squid.com. After cancellation, your paid features remain accessible until the end of your current Billing Cycle, at which point you will be downgraded to Happy Squid's free version. We may cancel your Subscription if your payment method fails and you do not update your billing information within seven business days after we have notified you, as set out in Section 4.3 (Failed Payments). In that case, you will lose access to the paid features of your Subscription.

3. Right of Withdrawal

3.1 Right of Withdrawal

If you are a consumer (a person completing the legal transaction for purposes that can be predominantly attributed to neither their commercial nor their independent professional activity) residing in the European Union, the United Kingdom, the European Economic Area, Turkey, Brazil, Argentina, Chile, Israel, or South Korea, you are entitled to a statutory right of withdrawal when you sign up for a Subscription. We provide information about that right below, in accordance with the statutory model. Registering for the free version does not give you a right of withdrawal, because it does not involve any payment. Please note that any Free Trials and the paid Subscriptions that follow them form a single contract, which is concluded when you sign up for the Free Trial. The withdrawal period therefore begins on the day you sign up for the trial, not on the day the paid phase begins. If your Free Trial is shorter than fourteen (14) days, the withdrawal period will still be running once your Subscription has started. If your Free Trial is longer than fourteen (14) days, the withdrawal period ends before your Subscription starts. You do not get a new right of withdrawal when your Free Trial converts into a paid Subscription, or when your Subscription renews. If you subscribe through an in-app purchase, your contract is with the respective app store, for example the Apple App Store or the Google Play Store, and you exercise your right of withdrawal there. While you may withdraw in any of the ways described below, we prefer that you use the online withdrawal form at https://www.happy-squid.com/withdraw-contract. Our contact details are set out in Section 13.1 (Contact Us). A sample withdrawal form can be found in Section 3.4 (Withdrawal Form).

3.2 Notice of Right of Withdrawal

You have the right to withdraw from this contract within fourteen (14) days without giving any reason. The withdrawal period will expire after fourteen (14) days from the day of the conclusion of this contract. To exercise the right of withdrawal, you must inform Happy Squid (Brünnel, Maar & Zinn GbR; Hufelandstraße 12, 10407 Berlin, Germany; support@happy-squid.com; +49 160 90402693) of your decision to withdraw from this contract by an unequivocal statement. We prefer that you use the online withdrawal form at https://www.happy-squid.com/withdraw-contract, but it is not obligatory. Alternatively, you may use the sample withdrawal form in Section 3.4 (Withdrawal Form). We will send you an acknowledgment of receipt without undue delay on a durable medium, for example by email, including its content and the date and time of its submission. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

3.3 Effects of Withdrawal

If you withdraw from this contract, we shall reimburse you for all payments received from you without undue delay, and in any event no later than fourteen (14) days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise. In any event, you will not incur any fees as a result of such reimbursement. Your Subscription ends when you withdraw, and you return to Happy Squid's free version. We will not be liable for any costs or expenses that you may incur from third parties engaged by you (for example banks and payment service providers) or for any non-refundable taxes as part of the withdrawal process.

3.4 Withdrawal Form

As required by law, we provide the sample withdrawal form below. (Please fill out this form and send it back only if you wish to withdraw from the contract.)

– To: Brünnel, Maar & Zinn GbR (Happy Squid)
– Hufelandstraße 12, 10407 Berlin
– Germany
– support@happy-squid.com

– I hereby withdraw from the contract concluded by me for the provision of the following service:
– Ordered on:
– Name of the consumer:
– Address of the consumer:
– Signature of the consumer (only if this form is notified on paper):
– Date:

4. Payments

4.1 Subscription Fees

If you purchase a Subscription, you authorize Happy Squid and its third-party payment processors to charge the Subscription payment, including all applicable taxes, to the payment method specified in your account, on the payment due date until your Subscription ends. The Subscription fees are set out on our pricing page at https://www.happy-squid.com/pricing on our website and are also displayed immediately before purchase. This allows you to review your order before you accept the fees you will be charged. Subscription fees may vary based on your location and are charged in the currency displayed at checkout. Fees are based on Services purchased and not on actual usage, and you are not entitled to a refund merely because you did not use, or made only limited use of, the Services during a Billing Cycle. All fees are non-refundable, except as set out in these Terms or required by law.

4.2 Fee Modifications

We may need to change the fees for your Subscription, for example if our costs rise because of inflation, if the third-party services we rely on become more expensive, or if the cost of the large language models we use to provide our AI Features increases, as set out in Section 12.2 (Large Language Models). The price we pay for AI Features depends on what our providers charge us and on how much you and other users use those features, and both can rise more than we expected. If we want to change your fees, we will tell you by email to the address associated with your account at least thirty days before the change takes effect. We may also show you a notice in the Services. Our email will state your current fee, the new fee, the date the new fee first applies, and how to cancel. The new fee applies from the first Billing Cycle that begins after those thirty days have passed. IF YOU DO NOT CANCEL YOUR SUBSCRIPTION BEFORE THE NEW FEE TAKES EFFECT, YOU AGREE TO PAY THE NEW FEE FROM THAT DATE, AND WE WILL AUTOMATICALLY CHARGE YOUR PAYMENT METHOD ACCORDINGLY AT THE START OF EACH NEW BILLING CYCLE. You can cancel at any time before that date, as set out in Section 2.5 (Cancellations). If you cancel, your paid features remain available until the end of the Billing Cycle you have already paid for, and you will never be charged the new fee. We will never change the fee for a Subscription period you have already paid for. Any change to your fees takes effect at the start of a new Billing Cycle, never during one. If we lower our fees, the lower fee applies from the start of your next Billing Cycle and we do not need to give you notice.

4.3 Failed Payments

When you sign up for a Subscription, you must provide a valid payment method and accurate and complete billing information. It is your responsibility to ensure that your billing information remains accurate and up to date at all times. If you pay any fees with a credit card, Happy Squid and its third-party payment processors may seek pre-authorization to confirm that the credit card is valid and has the necessary funds or credit available to cover your purchase. We may cancel any Subscription in our sole discretion if the billing or contact information provided by you is false or fraudulent, or if your payment method fails and you do not update your billing information within seven business days after we notify you of the failure. Canceling your Subscription does not relieve you of payment obligations that accrued beforehand. You may only set off your claims against our claims where your claim is undisputed or has been finally established by a court.

5. Beta Services

From time to time, we may offer features or services that are not generally available, labeled as beta, alpha, early access, preview, pilot, or a similar designation (“Beta Services”). Beta Services are optional. You may accept or decline them. We offer Beta Services at no additional cost, and we may offer them in our free version, in a Subscription, or in both. Accepting or declining a Beta Service does not change your fees or anything else you receive from us. Beta Services may be incomplete, may contain errors, and may never become generally available. We may modify, suspend, or discontinue them at any time without notice or liability. Your use of Beta Services is at your own risk, and your use may result in errors or loss of data or settings. We may collect aggregated or anonymized data regarding the usage and performance of Beta Services and use it for our business purposes, as outlined in our Privacy Policy at https://happy-squid.com/privacy. Any feedback you provide on Beta Services is Feedback as set out in Section 6.4 (Feedback). Any feedback you provide on Beta Services is Feedback as set out in Section 6.4 (Feedback). Our liability in connection with Beta Services is governed by Section 10 (Limitation of Liability).

6. Proprietary Rights

6.1 Ownership

The Services, including all products, software, computer code, visual interfaces, data, designs, graphics, text, information, promotional content such as blog posts, and all other elements of the Services that are contained in or provided through them, are owned by Happy Squid or its licensors and operated by Happy Squid, and are protected by copyright, trademark, patent, trade secret, and other intellectual property laws. The Services are licensed to you, not sold, and no title to or ownership of the Services passes to you. All rights not expressly granted to you in these Terms are reserved by Happy Squid. You may not use our name, logo, trademarks, or trade dress in connection with any product or service without our prior written consent.

6.2 License

Subject to your ongoing compliance with these Terms, we grant you a limited, personal, worldwide, non-exclusive, non-transferable, non-sublicensable, revocable license (“License”) to use our Services, including our extensions and our desktop and mobile applications, on devices you own or control, for your personal, non-commercial use. The License lasts for as long as you are entitled to use the Services under these Terms, and it ends in accordance with Section 7.2 (Effect of Termination). If you breach these Terms, we may terminate them and end your License, as set out in Section 7.1 (Termination). The software may include components provided by third parties, including open-source software and third-party services and technologies, which may be subject to their own license terms.

6.3 Prohibited Conduct

Except to the extent such a restriction is not permitted under applicable law or we have expressly authorized it in writing, you may not, and may not permit others to, (i) copy, distribute, sell, rent, lease, license, sublicense, transfer, or share the Services or make them available to third parties; (ii) access or use the Services to develop a competing product or service; (iii) reverse engineer, decompile, or disassemble the Services or software, or otherwise attempt to discover their source code or underlying structure; (iv) circumvent or interfere with access control or usage-limit mechanisms of the Services; (v) remove, alter, modify, or obscure a copyright or other proprietary rights notice on or in the Services; (vi) access the Services by any means other than the interfaces we provide, including through automated scripts, bots, or scrapers, or for text and data mining; (vii) access or attempt to access another user's account without authorization; (viii) impersonate any person or entity or misrepresent your affiliation with any person or entity in connection with the Services; (ix) run software viruses, worms, Trojan horses, or other harmful computer code, files, scripts, agents, or programs on the Services; (x) interfere with or disrupt the Services or the servers and networks used to provide the Services; or (xi) use the Services in violation of any applicable law or regulation. You also may not attempt to do, or assist or permit any person in doing, any of the foregoing. If you breach this Section 6.3, and the breach is material, we may terminate these Terms and your access to the Services as set out in Section 7.1 (Termination).

6.4 Feedback

If you provide us with feedback, suggestions, or ideas (“Feedback”) regarding the Services, you grant us, to the extent permitted by law, a perpetual, irrevocable, worldwide, non-exclusive, fully paid, royalty-free, sublicensable license to use the Feedback for any purpose, including to improve the Services and develop new products or features, without any compensation, further notice, or attribution to you. Providing Feedback is voluntary. You represent that you have the right to grant us this license, and you agree that providing Feedback does not give you any right, title, or interest in the Services.

7. Terminations, Modifications and Availability

7.1 Termination

These Terms are effective beginning when you accept them by creating an account, as set out in the Section Agreement to These Terms, and remain in effect until terminated. If you use the free version, you may end these Terms at any time with immediate effect by deleting your account in your account settings or by sending us an email at support@happy-squid.com. If you have a paid Subscription, you may not end these Terms for as long as your Subscription is running. Your right to terminate the Terms for good cause remains unaffected. You can cancel your Subscription at any time as set out in Section 2.5 (Cancellations). Once your Subscription has ended, you may end these Terms as described above. The effects of termination are set out in Section 7.2 (Effect of Termination). If you commit a material breach of these Terms, we may terminate these Terms and your access to the Services by giving you notice of termination, with immediate effect. Before we do so, we will ask you to remedy the breach within a reasonable period, unless the breach cannot be remedied or immediate termination is justified in the circumstances. We may terminate these Terms at any time with immediate effect if you use the free version. Both you and we may terminate these Terms for good cause with immediate effect. Provisions of these Terms that by their nature should survive will survive any termination of these Terms, including payment obligations, proprietary rights, the license you grant us in Section 6.4 (Feedback), indemnity, limitation of liability, and governing law and place of jurisdiction.

7.2 Effect of Termination

While a paid Subscription is running, these Terms can only be terminated in the cases set out in Section 7.1 (Termination). Upon termination of these Terms, your License ends and you must stop using the Services. You will no longer be able to access your account. Where these Terms are terminated while a paid Subscription is running, the termination also cancels your Subscription. We will refund the fees for the unused full months of the period you have paid for, on a pro-rata basis. For yearly Subscriptions, this means the remaining full months of the annual period. After termination, we will retain your account data for thirty days, after which it will be deleted and can no longer be recovered. This does not override any earlier request by you to delete your data, and we may retain data for longer where we are legally required to do so. We may retain archived copies for a limited additional period as part of our standard backup.

7.3 Modifications

We may modify these Terms from time to time with future effect, as necessary for technical, economic, or legal reasons, and we encourage you to review the Terms periodically. This does not apply to changes to your Subscription fees, which are governed by Section 4.2 (Fee Modifications), or to changes to the Services themselves, which are governed by Section 2.4 (Subscription Modifications). If a change to these Terms does not materially affect your rights or obligations, we will not notify you separately, and the change takes effect upon publication. If a change to these Terms materially affects your rights or obligations, we will notify you at least thirty days before the change takes effect, by email or by a prominent notice within the Services, and we will tell you the date the change takes effect. IF YOU DO NOT DELETE YOUR ACCOUNT BEFORE THE CHANGE TAKES EFFECT, YOU AGREE TO THE CHANGED TERMS FROM THAT DATE. You can cancel at any time before that date, as set out in Section 2.5 (Cancellations). If you cancel, your paid features remain available until the end of the Billing Cycle you have already paid for.

7.4 Discontinuation

We may discontinue the Services at any time, temporarily or permanently. If we permanently discontinue the Services, we will tell you by email at least thirty days before the discontinuation takes effect. If we permanently discontinue the Services while you have an active Subscription, we will refund the fees for the unused full months of the yearly Subscription period you have paid for. Apart from the notice and the refund set out in this Section 7.4, we owe you nothing further as a result of a discontinuation, and we are not responsible for any disadvantage you suffer because the Services are no longer available.

7.5 Availability

We may occasionally suspend or restrict access to the Services, in whole or in part, to perform maintenance, repairs, or updates or to introduce new features. Where reasonably possible, we will try to give you advance notice of scheduled maintenance, but we cannot guarantee notice, particularly for unplanned outages. Our liability for any unavailability of the Services during such suspensions and for delays or failures caused by events beyond our reasonable control, such as accidents, natural events, labor disputes, actions of any government agency, shortage of materials, or acts of terrorism, is governed by Section 10 (Limitation of Liability).

8. Indemnity

If a third party asserts a claim against us because you have breached these Terms or used the Services unlawfully, you will indemnify Happy Squid and its partners, legal representatives, employees, and agents (“Happy Squid Parties”) against that claim and against the costs of our legal defense that are necessary to defend against it, in each case to the extent you are at fault. This also covers use of the Services through your account for which you are responsible under Section 1.2 (Accounts). It does not apply to the extent that we are responsible for the claim, and it does not extend your liability beyond what applies under statutory law. We will notify you without undue delay of any such claim, give you a reasonable opportunity to comment on it, and will not settle it without your consent, which you may not unreasonably withhold. If we settle a claim without your consent, you do not bear the costs of that settlement. You agree to provide us, without undue delay, with the information and assistance we reasonably need to defend against the claim, and not to acknowledge the claim or settle it with the third party without our consent. Both you and we will keep the costs of the defense reasonable.

9. Your Statutory Rights

9.1 Your Statutory Rights

We provide the Services in conformity with these Terms and with the requirements that apply to digital content and digital services. The characteristics of the Services are those set out in these Terms and on our Pricing at https://www.happy-squid.com/pricing. Any other characteristics are owed only where we have expressly agreed to them with you. Descriptions, illustrations, and statements in our marketing are not guarantees, and we give a guarantee only where we do so expressly and in writing. If the Services are not in conformity, you have the statutory rights available to you under the consumer law of the country in which you live, and nothing in these Terms limits or excludes those rights.

9.2 Updates

For as long as we supply the Services to you, we will provide the updates, including security updates, that are necessary to keep the Services in conformity, and we will inform you about them. If we have informed you about an update and about the consequences of not installing it, and you do not install it within a reasonable time, we are not responsible for a lack of conformity that results solely from the missing update. Some updates install automatically, and you agree to this. Changes to browsers, operating systems, app stores, or other third-party software are outside our control and may temporarily impair the Services. We will restore compatibility within a reasonable time.

9.3 Remedies

If the Services are not in conformity, you may first require us to restore conformity. We will do so within a reasonable time, at no cost to you, and without significant inconvenience. If we fail to restore conformity, refuse to do so, or the same defect appears again, you may reduce the price or terminate the contract in accordance with the statutory rules. You may not terminate the contract if the lack of conformity is only insignificant. Please report any defect to our customer support by email at support@happy-squid.com, so that we can look into it and restore conformity as quickly as possible. Any claim for damages is governed by Section 10 (Limitation of Liability).

9.4 What the Services Provide

The Services help you limit your own access to websites and applications. They are a self-management tool for your own use. They are not a parental control, child protection, or content filtering product, and they are not designed or suitable for restricting another person's access to content, including a child's. They are not a medical device and do not provide medical, therapeutic, or psychological treatment, and they are not a treatment for compulsive or addictive use of the internet, games, gambling, or any other content. If you are concerned about your use of the internet, please speak to a doctor or another qualified professional. Do not use the Services in place of professional help. Blocking and limiting features depend on the browsers, operating systems, and devices you use, and on how those platforms work at any given time. We do not promise that every website, application, or form of content can be blocked, that blocking cannot be circumvented, or that you will achieve any particular result, such as improved focus, productivity, reduced screen time, or well-being. The Services may also block or restrict access to websites and applications you did not intend to block, including ones you need. Do not rely on the Services in any situation where being blocked, or not being blocked, could cause harm, including access to emergency, medical, financial, or safety information. Decisions you make while using the Services, and decisions you make in reliance on them, remain your own. We also do not promise that the Services will be available without interruption. Availability depends on the internet and on third-party networks and platforms, and we may temporarily suspend or restrict access as set out in Section 7.4 (Availability). Where we provide parts of the Services free of charge, including the free version and Beta Services, we do not owe you any particular availability, and we are not obliged to continue offering them.

10. Limitation of Liability

10.1 Unlimited Liability

We are liable without limitation for damages (i) caused by the Happy Squid Parties intentionally or through gross negligence, (ii) resulting from injury to life, body, or health (iii) resulting from our fraudulent concealment of a defect, (iv) covered by a guarantee we have expressly given, and (v) under applicable product liability law. Nothing in these Terms limits or excludes our liability in these cases.

10.2 Liability for Ordinary Negligence

In cases of ordinary negligence, we are liable only for the breach of an essential contractual obligation. Essential contractual obligations are obligations that must be fulfilled for the contract to be performed properly and on whose fulfillment you may reasonably rely, such as providing you with access to the Services in conformity with these Terms. In these cases, our liability is limited to the damage that is typical for this type of contract and was foreseeable when the contract was concluded. We are not liable for damages resulting from the breach of non-essential obligations through ordinary negligence. Where we provide parts of the Services free of charge or for beta testing, we are liable only in the cases set out in Section 10.1 (Unlimited Liability).

10.3 Typical and Foreseeable Damage

We offer the Services for personal, non-commercial use only, as set out in Section 6.2 (License). Damage of the following kinds is therefore not typical for this type of contract and was not foreseeable to us when the contract was concluded: loss of profit, loss of income, loss of business or business interruption, loss of goodwill or reputation, wasted expenditure, the cost of substitute services, and any loss arising from your use of the Services in a professional, commercial, or organizational context. The same applies to damage arising from a decision you took, or did not take, in reliance on the Services, and to damage arising from the Services blocking or failing to block any particular website, application, or content, as set out in Section 9.4 (What the Services Provide). The Services are not a backup, archiving, or storage service, and the settings, blocklists, and usage history stored in your account are not unique or irreplaceable data.

10.4 Your Contribution to the Damage

Where you have contributed to a damage, this will be taken into account in accordance with the statutory rules on contributory fault. This includes, in particular, where you have failed to install an update we informed you about as set out in Section 9.2 (Updates), failed to report a defect to us without undue delay as set out in Section 9.3 (Remedies), granted or withdrawn device permissions contrary to our instructions, or used the Services contrary to these Terms.

10.5 Scope

The limitations and exclusions in this Section 10 (Limitation of Liability) apply to all claims arising out of or in connection with the Services and these Terms, regardless of their legal basis, including claims in contract and tort and including claims for reimbursement of wasted expenditure. They also apply for the benefit of the Happy Squid Parties if claims are brought directly against them. The personal liability of our legal representatives, employees, and agents for damages they cause through ordinary negligence is excluded, subject to Section 10.1 (Unlimited Liability). These limitations survive termination of these Terms.

10.6 Events Beyond our Control

Neither you nor we are liable for a failure or delay in performance to the extent it is caused by circumstances beyond the affected party's reasonable control and occurring without that party's fault or negligence. This includes, in particular, failures, changes, restrictions, or discontinuations affecting the browsers, operating systems, app stores, networks, and third-party providers on which the Services depend, as set out in Section 12 (Third-Party Providers).

11. Mobile Apps

11.1 Devices and Connectivity

You are responsible for providing the mobile device, operating system, internet connection, and wireless service plan needed to download, install, and use our mobile application (“App”), and for any fees your wireless provider charges you in connection with the App, including data charges for receiving push notifications. We do not guarantee that the App can be accessed and used on every device or operating system version, with every service plan, or in every geographic location, and the App may require you to install updates or a current operating system version to continue functioning. The App also requires you to grant certain permissions on your device. If you do not grant these permissions, or if you withdraw them, the App may not work as described. We also do not promise that the App will successfully block or restrict access to every app or website you have selected, as set out in Section 9.4 (What the Services Provide).

11.2 Notice Regarding Apple

This section applies only to the extent you use the App downloaded from the Apple App Store. To the extent these Terms are less restrictive than, or conflict with, this section, this section applies, but solely with respect to the App downloaded from the Apple App Store. You acknowledge that these Terms are between you and Happy Squid only, and not with Apple Inc. (“Apple”), and that Apple is not responsible for the App or its content. Your License to use the App, as set out in Section 6.2 (License), is non-transferable and limited to use on devices that you own or control, as permitted by the Usage Rules in the Apple App Store Terms of Service. Apple has no obligation to provide any maintenance or support for the App, and we are solely responsible for providing it. If the App does not conform to a warranty that applies to it, you may notify Apple, and Apple will refund the purchase price you paid for the App, if any. To the maximum extent permitted by law, Apple has no other warranty obligation, and we are solely responsible for any claims, losses, liabilities, damages, costs, or expenses that result from the App's failure to conform to a warranty. Apple is not responsible for addressing any claims relating to the App or your use of it, including product liability claims, claims that the App fails to conform to legal or regulatory requirements, and claims under consumer protection or similar laws, or any third-party claim that the App infringes intellectual property rights. You must comply with applicable third-party terms when using the App. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you. You confirm that you are not located in a country subject to a U.S. Government embargo, and that you are not listed on any U.S. Government list of prohibited or restricted parties. This confirmation applies only to the extent that it does not conflict with mandatory law applicable to you. If you have questions, complaints, or claims regarding the App, please contact us using the details in Section 13.1 (Contact Us). This section does not affect your rights under Section 9 (Your Statutory Rights) or our liability under Section 10 (Limitation of Liability).

12. Third-Party Providers

12.1 Third-Party Providers

We use third-party providers to deliver parts of the Services, including data storage, data processing, and large language models. Content or data you submit through the Services may be transmitted to and processed by these providers as described in our Privacy Policy. You understand that use of the Services necessarily involves transmission of your data over networks that are not owned, operated, or controlled by us. We maintain technical and organizational security measures appropriate to the risk in order to protect your data. However, no method of transmission over the internet or of electronic storage is completely secure, and we cannot rule out that unauthorized third parties may defeat our security measures or those of our third-party providers. We may modify, suspend, or discontinue any feature of the Services that depends on a third-party provider where there is a valid reason to do so, including where a provider changes, restricts, or discontinues its service, or for technical, operational, or legal reasons. Section 2.4 (Subscription Modifications) applies to such changes. Certain features may also be subject to a provider's usage policies, which are set out in our Privacy Policy, and you may not use the Services in a way that violates them. If you do, and this amounts to a material breach of these Terms, Section 7.1 (Termination) applies.

12.2 Large Language Models

Certain features of our Services use artificial intelligence (“AI Features”). We use third-party large language model providers to deliver the AI Features. Content you submit may be transmitted to and processed by these providers as described in our Privacy Policy. You are responsible for your compliance with the policies of the large language model providers, which are set out in our Privacy Policy. If you violate one of those policies, and this amounts to a material breach of these Terms, Section 7.1 (Termination) applies. You must not submit confidential, proprietary, or sensitive information, or personal data relating to other people, when you use the AI Features. You understand that AI-generated output is generated through machine learning and may be inaccurate, incomplete, or unreliable. The accuracy, completeness, and reliability of AI-generated output are not part of the Services and are not contractually owed. Classification of websites and applications by AI Features is automated and not exhaustive, and AI Features may block or allow websites incorrectly, as described in Section 9.4 (What the Services Provide), which sets out what the Services do and do not do. Our liability in connection with AI Features is governed by Section 10 (Limitation of Liability). You should not rely on AI Features as your sole safeguard.

13. Miscellaneous

13.1 Contact Us

The Services are operated by Brünnel, Maar & Zinn GbR, Hufelandstraße 12, 10407 Berlin, Germany. Our full company details are set out in our Impressum at https://www.happy-squid.com/impressum. If you have any questions about these Terms or about our Privacy Policy, please contact us by email at support@happy-squid.com or by telephone at +49 160 90402693. You may also write to us at the address above, but we prefer to be contacted by email, where we will be able to respond most quickly.

13.2 Complaints

If you are dissatisfied with the Services, you can raise a complaint with us using the contact options in Section 13.1 (Contact Us). We will look into your complaint and respond within fourteen days. This complaint process is voluntary and does not limit or delay your right to pursue any other remedy available to you. If we cannot resolve your complaint, we will tell you in text form which consumer dispute resolution body is responsible for your dispute, together with its address and website. For disputes with us, this is the Universalschlichtungsstelle des Bundes, Zentrum für Schlichtung e.V., Straßburger Straße 8, 77694 Kehl, Germany, www.verbraucher-schlichter.de.

13.3 Governing Law

Any disputes or claims, whether contractual or non-contractual, arising out of or in connection with these Terms or their subject matter or formation shall be governed by and construed in accordance with the laws of the Federal Republic of Germany, excluding its conflict of laws provisions. Mandatory laws of the country of your habitual residence, that is, the provisions of the law of that country which cannot be derogated from by agreement, shall remain unaffected. If you are a consumer, you may bring proceedings against us either in the courts of Berlin, Germany, or in the courts of the place where you live, and we may bring proceedings against you only in the courts of the place where you live. The language of the contract between you and us is English. All communications between you and us relating to these Terms will be conducted in English.

13.4 Waiver and Severability

Neither your failure nor our failure to enforce any right or provision of these Terms is a waiver of that right or provision. Should any provision of these Terms be or become ineffective or invalid in whole or in part, the effectiveness and validity of the other provisions shall not be affected. Any ineffective or invalid provision shall be replaced by a provision that, as closely as legally possible, achieves the intent and purpose of the original provision.

14. Country-Specific Provision: United States

14.1 Disclaimer of Warranties

If you live in the United States, this Section 14.1 applies to you instead of Section 9 (Your Statutory Rights), which does not apply to you. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR ACCESS TO AND USE OF THE SERVICES IS AT YOUR SOLE RISK AND DISCRETION. THE SERVICES ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. THE HAPPY SQUID PARTIES MAKE NO, AND EXPRESSLY DISCLAIM ALL, WARRANTIES, REPRESENTATIONS, AND GUARANTEES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, RELATING TO THE SERVICES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT, AND ANY WARRANTY ARISING OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. WITHOUT LIMITING THE FOREGOING, THE HAPPY SQUID PARTIES MAKE NO REPRESENTATION, WARRANTY, OR GUARANTEE THAT: (I) THE SERVICES, OR ANY PORTION OF THE SERVICES, WILL FUNCTION UNINTERRUPTED OR TIMELY, SECURELY, OR FREE OF ERRORS, OR WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY ERRORS OR DEFECTS, INCLUDING ANY ERRORS IN THE SOFTWARE, WILL BE CORRECTED; (III) THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (IV) THE SERVICES, THE RESULTS OF USING THE SERVICES, OR THE QUALITY OF THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (V) ANY RESULTS OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE, COMPLETE, OR RELIABLE; OR (VI) ANY DATA WILL BE PRESERVED OR STORED WITHOUT LOSS. THE HAPPY SQUID PARTIES DO NOT GUARANTEE THAT SECURITY MEASURES WILL BE ERROR-FREE AND WILL NOT BE RESPONSIBLE OR LIABLE FOR UNAUTHORIZED ACCESS BEYOND THEIR REASONABLE CONTROL. THE HAPPY SQUID PARTIES WILL NOT BE RESPONSIBLE OR LIABLE IN ANY MANNER FOR ANY THIRD-PARTY SERVICES AND PRODUCTS, INCLUDING FOR ANY DELAYS, INTERRUPTIONS, TRANSMISSION ERRORS, SECURITY FAILURES, AND OTHER PROBLEMS CAUSED BY THOSE SERVICES, OR FOR ANY DECISIONS OR ACTIONS TAKEN (OR NOT TAKEN) BY YOU IN RELIANCE ON THE SERVICES. YOU UNDERSTAND AND AGREE THAT THE HAPPY SQUID PARTIES ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICES) OR ANY LOSS OF DATA OR ANY UNAUTHORIZED ACCESS TO, USE, OR DISCLOSURE OF DATA. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ANY HAPPY SQUID PARTY OR THROUGH OR FROM THE SERVICES, WILL CREATE ANY WARRANTY REGARDING ANY HAPPY SQUID PARTY OR THE SERVICES THAT IS NOT EXPRESSLY STATED IN THESE TERMS. THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS. HAPPY SQUID DOES NOT DISCLAIM ANY WARRANTY OR OTHER RIGHT THAT IT IS PROHIBITED FROM DISCLAIMING UNDER APPLICABLE LAW. YOU MAY HAVE OTHER STATUTORY RIGHTS. HOWEVER, ANY STATUTORILY REQUIRED WARRANTIES, IF ANY, WILL BE LIMITED TO THE SHORTEST PERIOD AND TO THE MAXIMUM EXTENT PERMITTED BY LAW.

14.2 Limitation Of Liability

If you live in the United States, this Section 14.2 applies to you instead of Section 10 (Limitation of Liability), which does not apply to you. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE HAPPY SQUID PARTIES ARE NOT LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, COVER, RELIANCE, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PROPERTY DAMAGE, REPUTATIONAL HARM, LOST PROFITS, LOST OR CORRUPTED DATA, LOSS OF USE, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COSTS OF DELAY, COSTS OF SUBSTITUTE SERVICES, OR ANY OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF, OR INABILITY TO USE, THE SERVICES, REGARDLESS OF THE LEGAL THEORY (CONTRACT, WARRANTY, TORT, INCLUDING NEGLIGENCE, STRICT LIABILITY, STATUTE, OR OTHERWISE), AND EVEN IF A HAPPY SQUID PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF THE HAPPY SQUID PARTIES FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO HAPPY SQUID FOR THE SERVICES IN THE TWELVE (12) MONTHS BEFORE THE CIRCUMSTANCE GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED US DOLLARS ($100). NOTWITHSTANDING THE FOREGOING, NOTHING IN THIS SECTION LIMITS EITHER PARTY'S LIABILITY FOR FRAUD, WILLFUL MISCONDUCT, OR FOR DEATH OR PERSONAL INJURY CAUSED BY THAT PARTY'S NEGLIGENCE. THE LAWS OF SOME JURISDICTIONS DO NOT ALLOW CERTAIN EXCLUSIONS OR LIMITATIONS OF LIABILITY, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU. IN THAT CASE, THIS SECTION APPLIES TO THE MAXIMUM EXTENT PERMITTED BY LAW. YOU AND HAPPY SQUID AGREE THAT THIS SECTION REFLECTS A REASONABLE ALLOCATION OF RISK AND IS AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH LIMITATION IN THIS SECTION IS SEVERABLE FROM THE OTHERS, WILL SURVIVE TERMINATION OF THESE TERMS, AND WILL APPLY EVEN IF ANY LIMITED REMEDY IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

14.3 Dispute Resolution

If you live in the United States, then except for certain kinds of disputes described in this Section 14.3, you agree that disputes between you and Happy Squid will be resolved by binding, individual arbitration, and you and Happy Squid each waive the right to a trial by jury and to participate in any class action or representative proceeding.

14.3.1 Agreement to Arbitration

You and Happy Squid agree that any dispute, controversy, or claim (“Dispute”) arising out of or relating to these Terms or your use of the Services will be resolved by binding arbitration, rather than in court. This includes Disputes based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and it applies regardless of whether a Dispute arises during or after the termination of these Terms. Arbitration is less formal than a lawsuit in court. It uses a neutral arbitrator instead of a judge or jury, it may allow for more limited discovery than a court would, and it is subject to very limited review by courts. The arbitrator can award the same damages and relief that a court can award. The arbitrator, and not any court, has the exclusive authority to resolve any Dispute about the interpretation, applicability, or enforceability of this arbitration agreement. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND HAPPY SQUID ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION. Nothing in these Terms limits the right of either party to bring an individual action in small claims court, to pursue an enforcement action through an applicable federal, state, or local agency if that action is available, to seek injunctive relief in a court of law in aid of arbitration, or to file suit in a court of law to address an intellectual property infringement claim.

14.3.2 Informal Resolution

Before starting an arbitration, the party raising the Dispute must first send the other party a written notice (“Notice of Dispute”). Your Notice of Dispute must be sent to us by email at support@happy-squid.com with the subject line “Notice of Dispute”. We will send our Notice of Dispute to the email address associated with your account. The Notice of Dispute must include your full name, the email address associated with your account, a description of the nature and basis of the Dispute, the specific relief you are seeking, and your personal signature. A Notice of Dispute must be individual to you. Notices raising the disputes of multiple persons, or form notices submitted on behalf of groups of persons, do not satisfy this requirement. After a Notice of Dispute is received, you and Happy Squid will attempt in good faith to resolve the Dispute informally for sixty days. If we cannot reach an agreement within those sixty days, either party may start an arbitration. Completing this informal resolution process is required before either party may begin an arbitration. To the extent permitted by applicable law, any Dispute must be filed within one year after the date on which the Dispute first arose. Otherwise, the Dispute is permanently barred. This paragraph does not shorten any limitation period that cannot be shortened under applicable law.

14.3.3 Arbitration Procedure

The arbitration will be governed by the Federal Arbitration Act and administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules and, where they apply, its Mass Arbitration Supplementary Rules. The arbitration will be conducted by a single arbitrator in the English language, and payment of all filing, administrative, and arbitrator fees will be governed by the AAA Rules. Any in-person arbitration hearing will take place in the county of your billing address or another mutually agreed location. Depending on the AAA Rules and the amount of your claim, you may also choose to have the arbitration conducted solely on the basis of documents submitted to the arbitrator or through a telephone or video hearing. The arbitrator must issue a reasoned written decision explaining the essential findings and conclusions on which the decision and any award are based. Judgment on the arbitration award may be entered in any court that has jurisdiction. All arbitration proceedings between the parties will be confidential unless you and Happy Squid agree otherwise in writing.

14.3.4 Class Action Waiver

YOU AND HAPPY SQUID AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Unless both you and Happy Squid agree otherwise, the arbitrator may not consolidate the claims of more than one person and may not preside over any form of a representative or class proceeding. If twenty-five or more Disputes that raise similar claims and are brought by the same or coordinated counsel are filed against Happy Squid, the AAA Mass Arbitration Supplementary Rules will apply. The requirement to complete the informal resolution process described above applies to each person individually, including each person whose Dispute is part of a coordinated filing. If the Class Action Waiver this Section 14.3.4 is found to be unenforceable as to a particular claim or request for relief, that claim or request will be severed and brought in court as set out in Section 13.3 (Governing Law), and the remaining claims will continue in arbitration. If this Section 14.3.4 is found to be unenforceable in its entirety, Section 14.3 (Dispute Resolution) will be null and void in its entirety to you.

14.3.5 Opt-Out and Changes

You may opt out of this arbitration agreement within thirty days after the date you first agree to these Terms. To opt out, send us an email at support@happy-squid.com with the subject line “Arbitration Opt-Out Notice” that includes your full name, the email address associated with your account, and a clear statement that you want to opt out of arbitration. If you opt out, this entire section will be void, Happy Squid will likewise not be bound by it, and any Dispute will be resolved in the courts as set out in Section 13.3 (Governing Law). All other provisions of these Terms will remain unaffected. If we make changes to this section, other than a change to our email address for notices, you may reject the change by sending us written notice to support@happy-squid.com within thirty days of the change. If you reject the changes, this section, as in effect immediately before the change you rejected, will continue to apply to you.

14.4 Notice to California Residents

If you are a California resident, under California Civil Code Section 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.