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 and refund any Subscription. 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. The 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 the account to a third person. 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 your device's 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 forth in our Pricing at happy-squid.com/pricing on our website and are displayed to you before you place your order. All prices include applicable value-added tax. The order process includes choosing an option, selecting your country, 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 order confirmation, which will be sent to you by email within a reasonable time. The confirmation email includes the Subscription details, the Terms, and the withdrawal information. If you purchased the paid Subscription via our website or our desktop application, we will send the order confirmation to you by email together with the receipt confirmation 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 following your order from the third-party store and Happy Squid will send you the order confirmation by separate email. Your Subscription begins on the date you receive the confirmation email. We recommend that you save a copy of these Terms and any other terms of service applicable to your order.

2.2 Billing Cycles

We offer monthly (“Monthly Subscription”) and yearly (“Yearly Subscription”) 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. Your account will automatically be charged all applicable fees and taxes for the next Billing Cycle on the same calendar day 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. Monthly Subscriptions run for an initial term of one month and then renew automatically for an indefinite period. You may cancel them at any time with effect from the end of the current month. Yearly Subscriptions run for an initial term of twelve months and are paid in advance. If you reside outside of Germany, they run indefinitely. If you reside in Germany, the yearly fee continues to be paid in advance after the initial one-year term, but you may cancel your Subscription at any time with effect from the end of the current month. We will refund the fees for the unused months of the annual period on a pro-rata basis. We will 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 that your Subscription renews automatically before it takes effect, including the renewal date, the fees you will be charged, and how to cancel.

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 forth in our Pricing at 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 during your Free Trial, it will convert into a paid Subscription at the end of the trial period, and you 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 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. Changes will not cost you anything extra, and we will inform you about them clearly. 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 a reasonable time before it takes effect. You may then end your Subscription free of charge within thirty days of that notice, or within thirty days of the change if the change comes later, and we will refund the fees for the unused period on a pro-rata basis. You do not have this right if we continue to give you access to the unchanged Services at no extra cost.

2.5 Cancellations

You may cancel your Subscription at any time through the cancellation function on our website or through your account in our extension or our desktop or mobile applications. On our website, the cancellation function can be found at happy-squid.com/cancel-subscription. It is permanently and easily accessible. You are not required to log into 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. We may ask you to confirm your cancellation by clicking a link we send to the email address in your account. In our desktop and mobile applications, you can find the cancellation option at all times by navigating to settings, choosing account settings and clicking on the cancellation button. You will be asked to confirm that you want to cancel your Subscription by clicking “Cancel now”. This will give you the opportunity to review the cancellation, including the Subscription you are about to cancel and the date the cancellation takes effect. 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. After you cancel, we will confirm the cancellation without undue delay by email, including the content of the cancellation, the date and time we received it, and the date your Subscription ends. 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. When you cancel the Yearly Subscription during a renewal period, we will refund the fees for the unused full months on a pro-rata basis, as set out in Section 2.2 (Billing Cycles). 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 (Subscription Terminations). 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, Norway, Iceland, Liechtenstein, Turkey, Israel, South Korea, or Brazil, 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 strongly prefer that you do so with our online withdrawal function at 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

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. If you are a consumer resident in South Korea or Brazil, the withdrawal period is seven (7) days rather than fourteen (14). To exercise the right of withdrawal, you must inform us (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 exercise your right of withdrawal online at happy-squid.com/withdraw-contract. Alternatively, you may use the sample withdrawal form in Section 3.4 (Withdrawal Form), but it is not obligatory. 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 shall 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.

Sample Withdrawal Form
(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 forth in our pricing at happy-squid.com/pricing on our website and are also displayed immediately before purchase. This way, you can review your order before accepting 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. This includes your right of withdrawal set out in Section 3 (Right of Withdrawal), the pro-rata refund on cancellation of a Yearly Subscription set out in Section 2.2 (Billing Cycles), and any mandatory statutory rights you may have.

4.2 Fee Modifications

We may need to change the fees for your Subscription, for example because of inflation or because our costs rise, including the cost of the third-party services and large language models we use to provide our AI Features, as set out in Section 12.2 (Large Language Models). We will not change the fees for your Subscription without your consent. If we want to change them, we will ask you by email at least thirty days before the new fee would apply. Our email will state your current fee, the new fee, and the date the new fee would apply. If you agree, the new fee applies from that date. If you do not agree, or if you do not reply, your Subscription continues at your current fee. In that case, we may cancel your Subscription with effect from the end of your current Billing Cycle, and we will tell you about this in our email.

4.3 Subscription Terminations

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 at 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. You may also set off claims for defects or other counterclaims arising from the same contract. You may only withhold payment on the basis of a counterclaim where that counterclaim arises from the same contract.

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. Using a Beta Service may lead to errors or to the loss of data or settings. 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 content, 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 of the Terms). 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.

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 of the Terms

These Terms are effective beginning when you accept them by creating an account, as set out in 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. 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. Your right to terminate for good cause remains unaffected. 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 with notice of termination and 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. If we terminate these Terms for this reason, we will refund you the fees for the unused months of the period of your existing Subscription on a pro-rata basis. We may terminate these Terms at any time with immediate effect if you use the free version. Provisions of these Terms that by their nature should survive will survive any termination of these Terms, including payment obligations, proprietary rights, indemnity, limitation of liability, and governing law and place of jurisdiction.

7.2 Effect of Termination

Upon termination of these Terms, your License ends and you must immediately stop using the Services. You will no longer be able to access your account. Where these Terms are terminated while you have a paid Subscription, the termination also cancels your Subscription, and we will refund you 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, not the entire year. 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. Our liability for any suspension of your access to the Services and your account and for any deletion of your data is governed by Section 10 (Limitation of Liability).

7.3 Modifications and Discontinuation

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). 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. You may approve or object to the change before that date. If you do not respond, we will treat the change as accepted, and we will let you know about this consequence in our notice. If you object, these Terms continue to apply to you in their current version. In that case, we may cancel your Subscription with effect from the end of your current Billing Cycle, and we will tell you about this in our notice. Immaterial changes become effective upon publication. Any dispute arising under these Terms will be resolved under the version of the Terms in effect at the time the dispute arose. 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. Our liability for the discontinuation of the Services and for any suspension or termination of your access to or use of them is governed by Section 10 (Limitation of Liability). If we permanently discontinue the Services while you have an active Subscription, we will refund you the prepaid fees for the remaining portion of your Billing Cycle on a pro-rata basis.

7.4 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 in our Pricing at happy-squid.com/pricing. Any other characteristics are owed only where we have expressly agreed 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. The Services are compatible with the browsers, operating systems, and devices set out in our system requirements at happy-squid.com/requirements. 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. They are not a medical device and do not provide medical, therapeutic, or psychological treatment. 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. 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 those obligations whose fulfillment makes the proper performance of the contract possible in the first place and on whose fulfillment you may regularly 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. In cases of ordinary negligence, we are liable for loss of data only up to the amount of the typical recovery costs that would have been incurred had proper and regular data backup measures been taken by you. You should take reasonable precautions against loss of your data, including keeping your own copies of your settings where the Services allow.

10.3 Scope

The limitations and exclusions in this Section 10 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. 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).

10.4 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.

10.5 Your Rights

This section limits claims for damages only. It does not limit your remedies under Section 9 (Your Statutory Rights), your right of withdrawal under Section 3 (Right of Withdrawal), any refund we owe you under these Terms, or your right to cancel your Subscription under Section 2.5 (Cancellations) or to terminate these Terms under Section 7.1 (Termination of the Terms).

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. Section 9.2 (Updates) applies to the devices and operating system versions on which the App can be used. You can find our system requirements at happy-squid.com/requirements. 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 (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, we may terminate these Terms and your access to the Services as set out in Section 7.1 (Termination of the Terms). We will first ask you to remedy the breach within a reasonable period, unless the breach cannot be remedied or immediate termination is justified in the circumstances.

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, we may terminate these Terms and your access to the Services as set out in Section 7.1 (Termination of the Terms). 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. If you are under eighteen, you may only use Happy Squid's AI Features with the consent of your parent or legal guardian.

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 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.

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 contract between you and us is concluded in 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.