Terms of Use
These terms are an agreement between you and Happy Rose LLC, a Colorado limited liability company ("Happy Rose", "we", "us"). They cover our mobile apps, including Potato Tracker, and this website (together, the "Services"). By downloading or using the Services, you agree to these terms. If you don't agree, please don't use them.
Buying and your license
You get our apps from Apple's App Store or Google Play. The store handles payment and refunds under its own rules. We give you a personal, non-exclusive, non-transferable, revocable license to use each app you get on devices you own or control, for your own non-commercial use, under these terms and the store's usage rules. We keep all rights we don't expressly give you.
What you agree not to do
- Copy, sell, rent, sublicense or redistribute our apps
- Reverse-engineer or modify them, except where the law allows it
- Tamper with our servers, get around security, access other people's accounts, or scrape data
- Use the Services to break the law or harm anyone
- Fake potato points, badges or any other scores
Accounts
Some features, like Potato Tracker's friends, leaderboards and challenges, need an account, created with Sign in with Apple or Google. You must be at least 13 to create one. Keep your sign-in secure, and use one account per person. You're responsible for what happens on your account. We may reclaim a handle that impersonates someone or breaks our guidelines.
Your content
"Your content" means what you share with other users, such as your display name, @handle, avatar and the challenges you send. You keep ownership of it. You give us a worldwide, non-exclusive, royalty-free license to store, copy and display it in our apps, only to run the Services. This license ends when you delete the content or your account, except for copies we must keep by law or to handle a report.
Your content must follow each app's community guidelines (for example, Potato Tracker's).
Moderation, suspension and ending your account
We can remove or reset content, and suspend or close accounts, that break these terms or the guidelines, put others at risk, or expose us to legal liability. Where it's safe and practical, we'll tell you why. You can stop using the Services, or delete your account in the app, at any time.
Our content and feedback
Our apps, art, characters (yes, including Monsieur Spud), names and logos belong to Happy Rose LLC and are protected by law. If you send us ideas or feedback, we can use them freely without paying you or owing you anything.
Health
Our apps are for fun and general interest. They aren't medical, nutritional or dietary advice. Talk to a qualified professional about your health and diet.
Changes to the Services
We're always improving our apps, so features may change, and online features (like community) may be paused or ended. We'll try to give notice of big changes.
Disclaimers
The Services are provided "as is" and "as available". To the fullest extent the law allows, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose and non-infringement. We don't promise the Services will be uninterrupted, error-free or secure, or that data won't be lost. Please back up your phone.
Limit of liability
To the fullest extent the law allows, Happy Rose LLC and its members aren't liable for any indirect, incidental, special, consequential or punitive damages, or for lost data, profits or goodwill, arising from the Services. Our total liability for any claim is limited to the greater of what you paid us for the app in question in the 12 months before the claim, or US$50.
Some places don't allow these limits, so they may not all apply to you. Nothing in these terms limits rights you have under consumer protection laws that can't be waived.
Apple and Google
If you got an app from Apple's App Store, you and we agree that:
- These terms are between you and Happy Rose only, not Apple. We, not Apple, are responsible for the app and its content.
- Apple has no obligation to provide maintenance or support for the app.
- If the app fails to meet any applicable warranty, you can tell Apple, and Apple will refund the purchase price (if any). Apple has no other warranty obligation for the app. Any other claims, losses or costs from a failed warranty are our responsibility, as far as the law allows.
- We, not Apple, are responsible for handling any claims about the app, including product liability claims, claims that the app fails to meet any legal or regulatory requirement, and consumer protection, privacy or similar claims.
- If anyone claims the app or your use of it infringes their intellectual property, we, not Apple, are responsible for investigating, defending, settling and discharging the claim.
- You confirm you're not located in a country subject to a U.S. government embargo or designated as a "terrorist supporting" country, and you're not on any U.S. government list of prohibited or restricted parties.
- You must follow any third-party terms that apply when you use the app.
- Apple and its subsidiaries are third-party beneficiaries of these terms. Once you accept them, Apple can enforce them against you.
If you got an app from Google Play, Google Play's terms also apply to your purchase.
Governing law and disputes
These terms are governed by the laws of the State of Colorado, USA, without regard to its conflict-of-law rules. Any dispute will be resolved in the state or federal courts located in Colorado, and you and we agree to their jurisdiction. Either of us may bring a claim in small claims court instead. If you live outside the U.S., you keep any protections your local law gives you.
Before going to court, please email us at hello@happyrose.io. Most problems can be fixed with a friendly message.
Changes to these terms
We may update these terms. We'll post the new version here with a new effective date, and tell you in the app about important changes. If you keep using the Services after changes take effect, you accept them.
The rest
- These terms, each app's privacy policy and community guidelines are the whole agreement between us about the Services.
- If part of these terms can't be enforced, the rest still applies.
- If we don't enforce a term right away, we haven't given up the right to enforce it later.
- You can't transfer these terms. We may transfer them if Happy Rose or an app is sold or merged.
Contact
Happy Rose LLC, a Colorado limited liability company
hello@happyrose.io