Terms and Conditions

1. Introduction

These Terms and Conditions ("Terms") govern your use of The Notifier website, web application, and mobile application (collectively, the "Service").

The Notifier is a d/b/a of Hapa Willow LLC, a California limited liability company ("we", "us", or "our").

By accessing or using the Service, you agree to these Terms.

2. Eligibility and Use

2.1 The Notifier mobile app

You must:

• Be at least 13 years old, or the age of majority in your jurisdiction
• Have the legal authority to enter into these Terms
• Use the Service only in compliance with applicable laws

2.2 The Notifier web platform

You must:

• Be at least 18 years old, or the age of majority in your jurisdiction
• Have the legal authority to enter into these Terms
• Use the Service only in compliance with applicable laws

3. Accounts and Organizations

Accounts are not required to use the mobile app and its services. Accounts are required to use the web platform and its services.

3.1 User Accounts

• Each user may own and maintain one primary account
• Users may be associated with multiple organizations

3.2 Organization Accounts

The Service allows creation of organization accounts with role-based access, including:

• Owner
• Billing Admin
• Admin
• Manager
• User

The account Owner is responsible for all activity under the account.

3.3 Account Responsibility

You agree to:

• Provide accurate information
• Maintain the security of your credentials
• Notify us of unauthorized access

4. Alerts, Notifications, and Delivery Disclaimer

The Service allows you to send and schedule alerts, notifications, and group messages.

Delivery is not guaranteed.

Alerts may fail, be delayed, or not occur due to factors outside our control, including:

• Failures or delays in third-party services (e.g., push notification providers such as APNs, FCM, Expo)
• Cloud infrastructure or hosting issues
• Device settings, OS restrictions, or battery optimizations
• Network connectivity issues
• Incorrect system time or configuration

You acknowledge that the Service is a convenience tool only.

5. Not for Emergency Services

The Service is NOT intended for emergency or safety-critical use.

You agree that:

• The Service must not be used for emergency communications, life-saving alerts, or time-critical safety notifications
• The Service does not guarantee delivery speed, reliability, or receipt
• Delays or failures may occur at any time

Prohibited emergency uses include, but are not limited to:

• Medical emergencies
• Fire, evacuation, or disaster alerts
• Law enforcement or public safety alerts
• Any situation where failure or delay could result in harm

You are solely responsible for using appropriate emergency communication systems.

We disclaim all liability arising from any use of the Service for emergency purposes.

6. Group Alerts and Acceptable Use

You are solely responsible for:

• Content you send
• Recipients of your alerts
• Compliance with applicable laws (including consent requirements)

You may not use the Service to:

• Engage in illegal activities
• Send spam, harassment, threats, or hate speech
• Impersonate others
• Infringe intellectual property or privacy rights
• Distribute malware or interfere with the Service

We reserve the right to remove content or restrict access at any time.

7. Subscriptions and Payments

7.1 Paid Features

Certain features require a payment or a paid subscription and may include usage limits.

7.2 Payment Processing

Payments may be processed by third-party providers, including:

• Stripe (web platform)
• Apple App Store
• Google Play

We do not store full payment details.

7.3 Billing Terms

• Subscriptions may renew automatically
• You may upgrade, downgrade, or cancel at any time
• Refunds are governed by applicable provider policies or law

7.4 Account Status

If your account becomes inactive or unpaid:

• Features may be restricted
• Scheduled alerts may not be delivered

8. Data and Privacy

Our data practices are described in our Privacy Policy.

You are responsible for ensuring your use of the Service complies with applicable privacy laws.

9. Intellectual Property and DMCA

The Service and its content are owned by Hapa Willow LLC or its licensors and are protected by law.

If you believe content infringes your copyright, submit a DMCA notice to: support@thenotifier.app

10. Trademarks

"The Notifier," including its name, logo, and branding, are trademarks of Hapa Willow LLC.

You may not use them without prior written permission.

11. Third-Party Services

The Service depends on third-party providers.

We are not responsible for:

• Their outages or failures
• Their data handling practices

12. Service Availability and Modifications

We may modify, suspend, or discontinue any part of the Service at any time.

We do not guarantee uninterrupted or error-free operation.

13. Termination

We may suspend or terminate access at any time for:

• Violations of these Terms
• Misuse of the Service
• Legal or security reasons

You may stop using the Service at any time.

14. Disclaimers

The Service is provided "AS IS" and "AS AVAILABLE."

We disclaim all warranties, including:

• Merchantability
• Fitness for a particular purpose
• Non-infringement

We do not guarantee:

• Notification delivery
• Accuracy of data
• Suitability for critical communications

15. Limitation of Liability

To the maximum extent permitted by law:

Hapa Willow LLC and its affiliates shall not be liable for:

• Indirect, incidental, or consequential damages
• Loss of data, revenue, or business
• Missed or delayed alerts

Total liability is limited to the greater of:

• Amount paid in the past 12 months
• $100 USD

16. Indemnification

You agree to indemnify and hold harmless Hapa Willow LLC from claims arising from:

• Your use of the Service
• Your content
• Your violation of these Terms or laws

17. Arbitration and Class Action Waiver

To the fullest extent permitted by law:

All disputes shall be resolved through binding arbitration on an individual basis.

You waive the right to:

• Participate in class actions
• Participate in class-wide arbitration

This does not apply to small claims court where permitted.

18. Legal Requests and Compliance

We may disclose information if required by law, subpoena, or legal process.

Where permitted, we will attempt to notify affected users.

19. Force Majeure

We are not liable for failures or delays caused by events beyond our control, including:

• Natural disasters
• Power or internet outages
• Government actions
• Pandemics
• Third-party service failures

20. Severability

If any provision is held invalid or unenforceable, the remaining provisions remain in effect.

21. Survival

Provisions that should survive termination will remain in effect, including:

• Disclaimers
• Limitation of liability
• Indemnification
• Dispute resolution

22. Governing Law

These Terms are governed by the laws of the State of California.

23. Changes to Terms

We may update these Terms at any time.

Continued use of the Service constitutes acceptance.

24. Contact

If you have questions, email us at support@thenotifier.app