Thinking of You Terms of Use

Thinking of You – Terms of Use

Effective Date: June 22, 2026

These Terms of Use ("Terms") govern your access to and use of the Thinking of You mobile application (the "App") provided by The Happy Broadcast, Inc. ("Company," "we," "us," or "our").

By downloading, installing, accessing, or using the App, you agree to be legally bound by these Terms.

If you do not agree, do not download, access, or use the App.

Contact: legal@thehappybroadcast.com

1. Eligibility

The App is intended only for adults aged 18 years and older.

By using the App, you represent and warrant that:

You are at least 18 years old;

You have the legal capacity to enter into these Terms;

You are not prohibited from using the App under applicable law.

The App is not intended for minors under the age of 18.

2. Limited License

Subject to your compliance with these Terms, the Company grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to download and use the App solely for personal, non-commercial purposes.

All rights not expressly granted are reserved.

You may not:

Copy, reproduce, distribute, sell, lease, sublicense, or commercially exploit the App;

Reverse engineer, decompile, disassemble, or attempt to extract source code;

Modify or create derivative works;

Circumvent security features;

Interfere with the App's operation, servers, or networks;

Use automated tools to access or interact with the App.

We may suspend, restrict, or terminate your access at any time for violation of these Terms.

3. App Features

Thinking of You is designed to help connected users express affection and connection through simple digital interactions.

The App currently allows users to:

Create accounts;

Connect with another user;

Send "love taps" to a connected partner;

Receive notifications when a connected partner sends a love tap.

We reserve the right at any time to:

Modify or update App functionality;

Add or remove features;

Change connection requirements;

Introduce premium features or subscriptions;

Correct errors or technical issues.

We do not guarantee uninterrupted availability of the App.

4. User Accounts and Connections

You are responsible for maintaining the confidentiality of your account credentials.

You agree that:

Information you provide is accurate and current;

You will not impersonate another person;

You will not create accounts for unlawful purposes;

You are responsible for activity occurring under your account.

The App allows users to connect with other users. You are solely responsible for whom you choose to connect with through the App.

We do not verify the identity, relationship status, intentions, or conduct of users and are not responsible for interactions between users.

5. Acceptable Use

You agree not to use the App to:

Violate any law or regulation;

Harass, stalk, threaten, or abuse another person;

Circumvent account restrictions;

Access another user's account without authorization;

Interfere with App functionality;

Upload malicious software or code;

Engage in fraudulent activity.

We may investigate violations and take any action we deem appropriate, including account suspension or termination.

6. Future Subscriptions and In-App Purchases

The App is currently offered without paid subscriptions.

We may introduce subscriptions, premium features, or in-app purchases in the future.

Any such purchases may be processed through:

Apple App Store;

Google Play Store;

Other authorized payment providers.

Additional purchase terms may apply when such features become available.

7. Intellectual Property

All intellectual property rights in the App, including software, design, branding, graphics, text, logos, features, functionality, and related content, are owned by The Happy Broadcast, Inc. or its licensors.

You acquire no ownership rights by using the App.

Unauthorized use may result in legal action.

8. Privacy

Your use of the App is also governed by our Privacy Policy.

By using the App, you acknowledge and agree that:

We may collect and process information necessary to operate the App;

Connected users may receive information relating to love taps sent through the App;

Push notification providers may process information required to deliver notifications;

We may use service providers to operate and improve the App.

Please review our Privacy Policy for additional details.

9. Third-Party Services

The App may rely on or integrate with third-party services, including:

Apple services;

Google services;

Cloud hosting providers;

Authentication providers;

Notification providers;

Analytics providers.

We are not responsible for the availability, content, policies, or practices of third-party services.

Your use of third-party services may be subject to separate terms and conditions.

10. Disclaimer of Warranties

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE."

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF:

MERCHANTABILITY;

FITNESS FOR A PARTICULAR PURPOSE;

NON-INFRINGEMENT;

ACCURACY;

RELIABILITY;

AVAILABILITY.

WE DO NOT GUARANTEE THAT:

THE APP WILL BE UNINTERRUPTED;

NOTIFICATIONS WILL ALWAYS BE DELIVERED;

CONNECTIONS BETWEEN USERS WILL FUNCTION WITHOUT ERROR;

THE APP WILL BE ERROR-FREE OR SECURE.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE HAPPY BROADCAST, INC. BE LIABLE FOR:

INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES;

LOSS OF DATA;

LOSS OF RELATIONSHIPS, OPPORTUNITIES, OR GOODWILL;

INTERRUPTION OF SERVICE;

DAMAGES ARISING FROM USER INTERACTIONS OR CONNECTIONS;

DAMAGES ARISING FROM THIRD-PARTY SERVICES.

OUR TOTAL LIABILITY SHALL NOT EXCEED THE GREATER OF:

(A) $50 USD; OR

(B) THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

12. Indemnification

You agree to defend, indemnify, and hold harmless The Happy Broadcast, Inc., its affiliates, officers, directors, employees, contractors, and agents from any claims, damages, liabilities, losses, costs, or expenses arising from:

Your use of the App;

Your violation of these Terms;

Your interactions with other users;

Your violation of any law or third-party rights.

13. Arbitration Agreement and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY.

You agree that any dispute arising out of or relating to the App or these Terms shall be resolved through final and binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules.

Arbitration shall:

Be conducted in English;

Take place in the United States;

Be conducted on an individual basis only.

You waive:

The right to a jury trial;

The right to participate in a class action;

The right to consolidate claims with others.

If this arbitration provision is found unenforceable, disputes shall be resolved exclusively in the state or federal courts located in Delaware.

14. Governing Law

These Terms are governed by the laws of the State of Delaware, without regard to conflict-of-law principles.

15. Modifications

We may update these Terms at any time.

When material changes are made, we may provide notice through the App or by other reasonable means.

Continued use of the App after changes become effective constitutes acceptance of the revised Terms.

16. Termination

We may suspend or terminate your access to the App at any time, with or without notice, for any reason, including violation of these Terms.

Upon termination:

Your right to use the App immediately ends;

Certain provisions of these Terms will survive termination, including ownership, disclaimers, limitations of liability, indemnification, arbitration, and governing law provisions.

17. Contact Information

Questions regarding these Terms may be directed to:

The Happy Broadcast, Inc. Email: legal@thehappybroadcast.com