Terms of Service

1. Agreement to Terms

Welcome to Happy Camper. These Terms of Service ("Terms") govern your access to and use of the Happy Camper website, mobile application, and related services (collectively, the "Service") operated by Happy Camper ("we," "us," or "our").

By accessing or using the Service, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not access or use the Service.

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms and updating the "Last Updated" date. Your continued use of the Service after changes become effective constitutes acceptance of the modified Terms.

2. Description of Service

Happy Camper is an activity discovery platform that helps families find camps, sports programs, arts classes, academic enrichment, STEM activities, and other programs for children. The Service provides:

• Search and discovery tools for children's activities
• Personalized activity recommendations
• Information about activity providers, programs, schedules, and pricing
• Tools to save, organize, and compare activities
• Communication facilitation with activity providers
• Calendar integration and planning features

We act as an information platform and discovery tool. We do not organize, run, or directly provide the activities listed on our Service. Activity providers are independent third parties responsible for their programs.

3. Eligibility and Account Registration

3.1 Eligibility

You must be at least 18 years old to create an account and use the Service. By creating an account, you represent that you are at least 18 years old and have the legal capacity to enter into these Terms.

The Service is intended for parents, guardians, and adults seeking activities for children. Children under 13 may not create accounts or provide personal information directly.

3.2 Account Security

When you create an account, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Maintain the security of your password and account
• Accept responsibility for all activities under your account
• Notify us immediately of unauthorized access or security breaches

You are solely responsible for your account and any activities that occur under your account. We are not liable for any loss or damage arising from your failure to maintain account security.

3.3 Account Termination

You may close your account at any time through your account settings. We reserve the right to suspend or terminate your account if you violate these Terms, engage in fraudulent activity, or for any other reason at our discretion.

4. Acceptable Use

4.1 Permitted Use

You may use the Service only for lawful purposes and in accordance with these Terms.

4.2 Prohibited Conduct

You agree not to:

• Violate any applicable laws or regulations
• Infringe upon the rights of others, including intellectual property rights
• Provide false, inaccurate, or misleading information
• Impersonate any person or entity
• Harass, threaten, or harm others
• Upload or transmit viruses, malware, or harmful code
• Attempt to gain unauthorized access to the Service or related systems
• Scrape, crawl, or use automated means to access the Service without permission
• Interfere with or disrupt the Service or servers
• Use the Service for commercial purposes without our written consent
• Collect or store personal information of other users
• Post spam, advertisements, or promotional content
• Reverse engineer, decompile, or attempt to extract source code

5. Intellectual Property

5.1 Our Content

The Service and its content, features, functionality, and design are owned by Happy Camper and are protected by copyright, trademark, patent, trade secret, and other intellectual property laws. This includes but is not limited to:

• Text, graphics, logos, images, and software
• Compilation and arrangement of content
• User interface design and functionality
• Proprietary algorithms and recommendation systems

5.2 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for personal, non-commercial purposes in compliance with these Terms. This license does not include any right to:

• Modify, copy, distribute, or sell any part of the Service
• Use the Service for commercial purposes
• Remove or alter any copyright, trademark, or proprietary notices
• Use our trademarks, logos, or branding without permission

5.3 User Content

When you submit content to the Service (reviews, comments, feedback, profile information), you retain ownership of your content but grant us a worldwide, non-exclusive, royalty-free, sublicensable, transferable license to use, reproduce, distribute, modify, adapt, publicly display, and publicly perform your content in connection with operating and improving the Service.

You represent that you own or have the necessary rights to submit your content and that your content does not violate any third-party rights or applicable laws.

5.4 Feedback

If you provide feedback, suggestions, or ideas about the Service, you grant us the right to use and incorporate such feedback without compensation or attribution.

6. Third-Party Activity Providers

6.1 Independent Providers

Activity providers listed on the Service are independent third parties. We do not employ, control, or supervise activity providers and are not responsible for their actions, services, or programs.

6.2 No Endorsement

Listing an activity provider on our Service does not constitute an endorsement, recommendation, or guarantee of quality. We do not verify the credentials, safety measures, or quality of activity providers or their programs.

6.3 Direct Relationship

Any transactions, registrations, or agreements you make with activity providers are directly between you and the provider. We are not a party to these relationships and are not responsible for disputes, refunds, cancellations, or any issues arising from your interactions with providers.

6.4 Provider Information

We strive to provide accurate information about activities, but we cannot guarantee the accuracy, completeness, or timeliness of provider-submitted information. Activity details, availability, pricing, and schedules may change. Always verify information directly with the provider before making commitments.

6.5 Safety and Screening

Parents and guardians are solely responsible for evaluating the safety and suitability of activities and providers for their children. We recommend that you:

• Research activity providers thoroughly
• Verify licenses, certifications, and insurance
• Check references and reviews from other families
• Visit facilities and meet staff before enrolling
• Review safety policies and emergency procedures
• Ensure the activity is appropriate for your child's age and abilities

7. Payments and Subscriptions

7.1 Free and Paid Services

We may offer both free and paid subscription tiers of the Service with varying features and benefits. Subscription details, pricing, and features are described on our website.

7.2 Billing

If you purchase a paid subscription, you agree to pay all fees at the prices in effect when charges are incurred. We will bill your payment method on a recurring basis (monthly, annually, etc.) until you cancel.

7.3 Payment Processing

Payments are processed by third-party payment processors. By providing payment information, you authorize us to share your payment information with these processors and authorize them to charge your payment method.

7.4 Taxes

All fees are exclusive of taxes. You are responsible for all applicable taxes, and we may charge tax where required by law.

7.5 Cancellation and Refunds

You may cancel your subscription at any time through your account settings. Cancellations take effect at the end of your current billing period. We do not provide refunds for partial subscription periods unless required by law.

7.6 Price Changes

We may change subscription prices with 30 days' notice. Price changes will take effect at the start of your next billing cycle. Your continued use of the Service after a price change constitutes acceptance of the new price.

7.7 Free Trials

We may offer free trials for paid subscriptions. If you do not cancel before the trial ends, your payment method will be charged for the subscription. We may limit free trial eligibility and change trial terms at our discretion.

8. Disclaimers and Limitations of Liability

8.1 "As Is" Service

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

We do not warrant that:

• The Service will be uninterrupted, secure, or error-free
• The information provided is accurate, complete, or current
• Defects will be corrected
• The Service is free of viruses or harmful components
• Activity providers are qualified, safe, or suitable

8.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, HAPPY CAMPER AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• Your use or inability to use the Service
• Unauthorized access to or alteration of your data
• Statements or conduct of third parties on the Service
• Interactions with activity providers
• Any other matter relating to the Service

IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

8.3 Injuries and Damages

WE ARE NOT LIABLE FOR ANY INJURIES, DAMAGES, OR LOSSES THAT OCCUR IN CONNECTION WITH ACTIVITIES DISCOVERED THROUGH THE SERVICE. PARENTS AND GUARDIANS ASSUME ALL RISKS ASSOCIATED WITH THEIR CHILDREN'S PARTICIPATION IN ACTIVITIES.

8.4 State-Specific Provisions

Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability for incidental or consequential damages. In such jurisdictions, our liability will be limited to the maximum extent permitted by law.

9. Indemnification

You agree to indemnify, defend, and hold harmless Happy Camper and its officers, directors, employees, agents, affiliates, and partners from any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any rights of another person or entity
• Your interactions with activity providers
• Any content you submit to the Service

10. Dispute Resolution

10.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions.

10.2 Arbitration Agreement

You and Happy Camper agree to resolve any disputes through binding individual arbitration, except for disputes that qualify for small claims court. This means you waive your right to a jury trial or to participate in a class action lawsuit.

Arbitration will be conducted by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The arbitrator's decision is final and binding, and judgment may be entered in any court of competent jurisdiction.

10.3 Class Action Waiver

You agree to bring claims against us only in your individual capacity and not as a plaintiff or class member in any class, consolidated, or representative proceeding. The arbitrator may not consolidate multiple claims without the consent of all parties.

10.4 Exceptions

Either party may seek injunctive or other equitable relief in court to prevent infringement of intellectual property rights or other proprietary rights.

10.5 30-Day Opt-Out

You have 30 days from account creation to opt out of the arbitration agreement by sending written notice to legal@happycamper.ai with your name, address, and a clear statement that you wish to opt out.

11. General Provisions

11.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Happy Camper regarding the Service and supersede all prior agreements.

11.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

11.3 Waiver

Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

11.4 Assignment

You may not assign or transfer these Terms or your account without our written consent. We may assign these Terms without restriction.

11.5 Force Majeure

We will not be liable for any delay or failure to perform due to circumstances beyond our reasonable control, including acts of God, natural disasters, war, terrorism, labor disputes, or government actions.

11.6 Survival

Provisions that by their nature should survive termination (including intellectual property, disclaimers, limitations of liability, indemnification, and dispute resolution) will survive any termination or expiration of these Terms.

11.7 No Agency

These Terms do not create any agency, partnership, joint venture, or employment relationship between you and Happy Camper.

11.8 Electronic Communications

By using the Service, you consent to receive electronic communications from us. These communications may include notices, agreements, and other information. You agree that electronic communications satisfy any legal requirement that communications be in writing.

12. Contact Information

If you have questions, concerns, or disputes regarding these Terms, please contact us:

• Email: legal@happycamper.ai
• Website: https://happycamper.ai

13. Additional Terms for Specific Features

Certain features of the Service may be subject to additional terms and conditions. By using those features, you agree to the applicable additional terms, which are incorporated by reference into these Terms.

14. Acknowledgment

BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT ACCESS OR USE THE SERVICE.