Terms and Conditions

These Terms and Conditions ("Terms") govern your use of The Notifier mobile application (the "App") and the notification services (the "Services"). The Notifier is a d/b/a of Hapa Willow LLC, a California limited liability company ("we", "us", or "our"). By downloading or using the App and the Services, you agree to these Terms.

1. Eligibility and Use

You must be at least 13 years old to use the App and the Services. You agree to use the App and the Services only for lawful purposes and in accordance with these Terms and applicable laws.

2. Notifications and Alarms Disclaimer

The App and the Services allow you to schedule local notifications, alarms, and optional remote push notifications. Delivery of notifications and alarms is not guaranteed.

Notifications and alarms may fail, be delayed, or not occur due to factors outside our control, including but not limited to:

• Failures or delays in third-party notification services (e.g., Expo, APNs, FCM)
• Issues with cloud infrastructure or service providers
• Device settings, operating system restrictions, or battery optimizations
• Network connectivity issues
• Incorrect system time or time zone settings

You acknowledge that the App and the Services are intended as a convenience tool and should not be relied upon for emergency, medical, safety-critical, or mission-critical use cases.

3. Limitation of Liability

To the maximum extent permitted by applicable law, Hapa Willow LLC, its members, managers, officers, employees, contractors, affiliates, and licensors shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including without limitation damages for loss of profits, data, goodwill, business interruption, or other intangible losses, arising out of or relating to:

• Your use of or inability to use the App and the Services
• Missed, delayed, or failed notifications or alarms
• Reliance on notifications for medical, financial, safety, or time-sensitive purposes
• Unauthorized access to or alteration of transmissions or data
• Third-party services, platforms, or infrastructure used to deliver notifications

In no event shall the aggregate liability of Hapa Willow LLC exceed the greater of (a) the amount you paid for the App and the Services or paid features in the twelve (12) months preceding the claim, or (b) one hundred U.S. dollars (US $100).

4. Push Notification Groups and Acceptable Use

Push notification groups are provided as an optional feature. You are solely responsible for the content you send and your conduct when using the App and the Services. You may not use the App and the Services to:

• Engage in illegal activities
• Send spam, harassment, threats, or hate speech
• Impersonate any person or entity
• Infringe intellectual property, privacy, or publicity rights
• Distribute malware or attempt to interfere with the App and the Services or its infrastructure
• Use the App and the Services for any unlawful, prohibited, abnormal, or unusual activity as determined by The Notifier in its sole discretion

We reserve the right, but do not assume the obligation, to monitor, review, remove, or restrict content or access to the App and the Services at any time for any reason, including to comply with legal obligations or protect users.

5. In-App Purchases

The App may offer paid features through in-app purchases processed by Apple or Google. Purchases are subject to the applicable app store’s terms and policies.

We do not process payments directly and do not store payment or billing information. Refunds and subscription management must be handled through the App Store or Google Play.

6. Data and Privacy

Our collection and use of data is described in our Privacy Policy. The App and the Services are designed to minimize data collection and operate primarily on-device. By using the App and the Services, you agree to the data practices described in the Privacy Policy.

7. Indemnification

You agree to indemnify, defend, and hold harmless Hapa Willow LLC and its members, managers, officers, employees, contractors, affiliates, and licensors from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:

• Your use or misuse of the App and the Services
• Your violation of these Terms or applicable laws
• Content you send via push notification groups
• Your infringement of any third-party rights

8. Legal Requests and Compliance

We may disclose information if required to do so by law, subpoena, court order, or other valid legal process. When legally permitted, we will attempt to notify affected users.

9. Termination

We may suspend or terminate your access to the App and the Services at any time for any reason, including violation of these Terms or misuse of the App and the Services. You may stop using the App and the Services at any time by uninstalling it.

10. Disclaimers

The App is provided on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement.

11. Arbitration and Class Action Waiver

To the fullest extent permitted by law, any dispute arising out of or relating to these Terms or the App and the Services shall be resolved through binding arbitration on an individual basis, and not in a class, consolidated, or representative action. You waive any right to participate in a class action lawsuit or class-wide arbitration.

This provision does not apply to claims that may be brought in small claims court, if applicable.

12. Service Availability and Modifications

We reserve the right to modify, suspend, or discontinue the App and the Services or any feature at any time without notice. We do not guarantee that the App and the Services or any feature will always be available or uninterrupted.

13. Intellectual Property and DMCA

The App and the Services and its content are owned by Hapa Willow LLC or its licensors and are protected by intellectual property laws. If you believe content infringes your copyright, please contact us with a DMCA notice at support@thenotifier.app.

14. Governing Law

These Terms are governed by and construed in accordance with the laws of the State of California, without regard to conflict of law principles.