Last updated 03 April 2020
Welcome to the Tracking Happiness App (‘Tracking Happiness’, ‘we’, ‘us’). Tracking Happiness provides a journaling ecosystem where happiness ratings and factors can be tracked and visualized, for Users who download and install our App (hereinafter the App may be referred to as the ‘Service’).
YOUR CONTINUED USE OF THE SERVICES AFTER THE POSTING OF ANY REVISIONS SHALL BE CONSIDERED YOUR AGREEMENT TO THE MODIFIED TERMS AND CONDITIONS.
If you do not agree to these Terms and Conditions, please do not use the Service. The Service is offered and available to users who are 13 years of age or older. By using the Services, you represent and warrant that you are of legal age to form a binding contract with Tracking Happiness and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Service. The Service and its Content are intended solely for personal and non-commercial use by you. Any use of the Service or its Content other than for personal and non-commercial purposes is strictly prohibited.
What we own
All material and services available on the Site or through the App, and all material and services provided by or through the Service, its affiliates, subsidiaries, employees, agents, licensors or other commercial partners including, but not limited to, software, all informational text, software documentation, design of and ‘look and feel,’ layout, photographs, graphics, audio, video, messages, interactive and instant messaging, design and functions, files, documents, images, or other materials, whether publicly posted or privately transmitted as well as all derivative works thereof (collectively, the ‘Content’) are the intellectual property of Tracking Happiness, our licensors, and our contributors.
Content You Provide to Us
Use of the Service
We reserve the right to withdraw or amend our App, and any Service or material we provide, in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of our App to users, including registered users.
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Service using your user name, password, cell phone number, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
Reliance on the Information Sent
The information sent via Tracking Happiness’s Service, or presented on or through the Site or our App, is made available solely for general information purposes. We do not warrant the accuracy, completeness, usefulness, or safety of this information. Any reliance you place on such information is strictly at your own risk. WE DISCLAIM ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON SUCH INFORMATION BY YOU OR ANY OTHER VISITOR TO THE SITE, OR BY ANYONE WHO MAY BE INFORMED OF ANY OF ITS CONTENTS OR THE CONTENTS OF THE SERVICE.
The owner of the Service is based in the United States. Access to the Service may not be legal by certain persons or in certain countries. If you access the Service from outside the United States, you do so on your own initiative and are responsible for compliance with local laws and cell phone service provider rates and terms of service.
If Tracking Happiness publishes Material that you think infringes your copyright, please email us at [email protected] and we will address your concerns. We reserve the right, at our sole discretion, to remove any Content without prior notice.
Accuracy of Information
While we strive for accuracy, information on the site may sometimes contain errors or inaccuracies. Tracking Happiness does not make any warranty as to the correctness or reliability of the site’s content or any text messages we send out to Users.
No data transmission over the Internet can be guaranteed to be 100% safe. Thus, we cannot warrant that your information will be absolutely secure. Tracking Happiness has a variety of safeguards – technical, administrative, and physical – in place to help protect against unauthorized access to, use, or disclosure of user information.
For any dispute you have with Tracking Happiness, you agree to first contact us at [email protected] and attempt to resolve the dispute with us informally. If Tracking Happiness has not been able to resolve the dispute with you informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms by binding arbitration by the Danish Court of Aarhus Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein. Unless you and Tracking Happiness agree otherwise, the arbitration will be conducted in the county where Tracking Happiness’s headquarters are located (Aarhus, Denmark). Each party will be responsible for paying any filing, administrative and arbitrator fees in accordance with Danish Court of Aarhus rules.
These Terms of Service are effective unless and until terminated by either you or Tracking Happiness. You may terminate these Terms of Service as they apply to you at any time by ceasing to use the Site. Tracking Happiness may terminate these Terms of Service at any time immediately and without notice, and accordingly deny you access to the Site, for any reason in its sole discretion; however, the provisions in these Terms of Service that relate to intellectual property, indemnification, disclaimer, limitation of liability, and choice of law shall survive any termination of these Terms of Service.
If any portion of these Terms of Service is held to be invalid or unenforceable, the invalid or unenforceable portion shall be modified in accordance with the applicable law with a provision that most closely reflects the intention of the original provision, and the remainder of these Terms of Service shall remain in full force and effect. The failure of Tracking Happiness to insist upon or enforce strict performance by you of any provision of these Terms of Service shall not be construed as a waiver of any provision or right.
Changes to our Terms of Service
We may revise and update these Terms of Service from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Site thereafter. However, any changes to the dispute resolution provisions set forth in Governing Law and Jurisdiction and Arbitration above will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on the Site. Your continued use of the Website following the posting of revised Terms of Service means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
Notice of Changes and Use of Terms of Service
We may provide notice to you relating to the Site and/or these Terms of Service by sending an e-mail to your last known e-mail address, and any such notice shall be deemed given and received on the day it is sent. A printed version of these Terms of Service and of any notices given to you in electronic form or otherwise shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You agree that any cause of action that you may desire to bring arising out of or related to these Terms of Service and/or the Site must commence within one (1) year after the cause of action arises. You may not use the Site or export the Content in violation of Danish export laws and regulations. If you access the Site from a location outside of Denmark, you are responsible for compliance with all local laws.