Last Updated: January 25, 2026
We know that reading Terms of Service is not the most enjoyable thing to do and it's tempting not to, but it's important to establish what you can expect from us as you use Haily services and what we expect from you.
Read these Terms. We will rely on these Terms when dealing with you. If you have any questions, you can contact us — see the section Questions, complaints and comments.
These Terms of Service help define Haily's relationship with you as you interact with our services. For example, these Terms include the following topic headings:
Besides these terms, we also publish a Privacy Policy. We encourage you to read it to better understand how you can update, manage, export, and delete your information.
Understanding these terms is important, and to use our services you must accept them.
Please read the Terms of Service (or "Agreement", "Terms" for short) carefully. This Agreement is a legally binding contract between you and App Werkstatt Taudt (Inhaber: Aaron Taudt), seated at Am Kurpark 2A, 93077 Bad Abbach, Germany. Access to and use of Haily's products and services is expressly conditioned upon acceptance of this Agreement. If you do not agree to these Terms, you will not be able to access Haily or its products or services.
Acknowledgment. This Agreement is concluded between you and App Werkstatt Taudt, not the App Provider (Apple App Store, Google Play Store, or other distribution platform). App Werkstatt Taudt, not the App Provider (Apple App Store, Google Play Store, or other distribution platform), is solely responsible for the Licensed Application and the content thereof.
Please carefully read the dispute resolution clause below (see "Dispute Resolution and Governing Law"). It affects how disputes are resolved between you and Haily and informs you of your rights.
NOTE: Depending on where you are located, you may have rights under applicable local laws that cannot be waived. Nothing in this Agreement limits any such rights under those laws.
By creating an account or accessing or using the App, you acknowledge that you accept and agree to be bound by the terms of this Agreement. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE THE APP.
In addition to these Terms, the following terms apply and form part of your contract with us: our Privacy Policy.
By accepting this agreement, you affirm that you: (a) have read this Agreement and agree to abide by its terms and the other terms incorporated into it by reference; and (b) have reviewed and consent to the Privacy Policy; (c) agree not to use the respective service or content for any other purposes as described in these Terms.
For the purposes of this Agreement, the following terms shall have the meanings set forth below:
"App Provider" means the operator of the application store (Apple App Store, Google Play Store, or other distribution platform) where you downloaded this App.
"Application Store" or "Distribution Platform" means any third-party platform or marketplace through which the App is distributed, including but not limited to the Apple App Store and Google Play Store.
We are App Werkstatt Taudt, a sole proprietorship (Einzelunternehmen) operated by Aaron Taudt in Germany. So we will refer to ourselves throughout this Agreement as "Haily", "Company", "we" or "us".
The business address of App Werkstatt Taudt is Am Kurpark 2A, 93077 Bad Abbach, Germany.
These Terms apply to all use of the Haily mobile application ("the App"), the websites (hailyhealth.de, etc.), and all related services, features and content offered by Haily.
You must be at least 16 to use the App and access Haily's content.
We do not knowingly collect personal information from children under 16.
If you are aware of anyone that does not comply with these limitations, please contact us at info@hailyhealth.de, and we will take the necessary steps to delete or terminate their account.
The Company is not a licensed medical care provider and the App is not intended to replace professional medical advice or diagnose, treat or manage any illness or medical condition, or serve as a birth control method or contraception. Please consult with a licensed physician or other qualified healthcare provider before making any decisions or taking any actions that may affect your health and safety or that of your family. Never disregard professional medical advice or delay in seeking it because of something you have read in connection with the App. Always consult with your healthcare professional if you have any questions or concerns about your health or condition or experience any changes in your condition or health status. If you think you have a medical emergency, call emergency services or go to the nearest open emergency room immediately.
We disclaim liability for any errors or omissions, or for unintended technical inaccuracies, or typographical errors in the provided materials, as well as any violation of any ethical or moral standards applicable in your community to sexual education and related materials.
Some translations on Haily's App or website are powered by machine learning and artificial intelligence. Haily disclaims all warranties related to the translations, express or implied, including any warranties of accuracy, reliability, and any implied warranties for fitness for a particular purpose and non-infringement.
Any content you submit through the App is governed by the Company's Privacy Policy. If you submit a question or response, you are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications found in the public areas. The Company and its licensors are not responsible for the consequences of any communications in the public areas. In cases where you feel threatened or you believe someone else is in danger, you should contact your local law enforcement agency immediately. If you think you may have a medical emergency, call your doctor or emergency services immediately. As a condition of using the App, you agree not to use the App for any purpose that is prohibited by this Agreement. You are responsible for all of your activity in connection with the App and you shall abide by all local, state, national, and international laws and regulations and any applicable regulatory codes.
You agree that if you take any of the following actions, you will be materially breaching this Agreement, and you agree that you SHALL NOT:
Any such forbidden use shall immediately terminate your licence to use the App. Haily is granting you permission to use the App, but with the condition that you use it in accordance with the Agreement. If you violate these Terms by engaging in a forbidden use, the permission granted you to use the App will be revoked, and you will no longer be authorized to use it.
The software that supports the App may be subject to export and re-export control laws and regulations, including the Export Administration Regulations ("EAR") maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the Treasury Department's Office of Foreign Assets Control ("OFAC"), and the International Traffic in Arms Regulations ("ITAR") maintained by the Department of State.
You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You further represent and warrant that you are (1) not located in any country or region that is subject to government embargo, and (2) are not a denied party as specified in the regulations listed above.
You agree to comply with all export laws and regulations to ensure that neither the App nor any technical data related thereto nor any direct product or products derived from or based on such technology received from Haily under these Terms of Service thereof is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations.
We grant you a personal, worldwide, revocable, non-transferable and non-exclusive licence to access and use the App for personal and non-commercial purposes in accordance with the terms of this Agreement. The license granted to you for the App is limited to a non-transferable license to use the App on any devices that you own or control and as permitted by the Usage Rules set forth in the terms of service of the Application Store from which you downloaded the App. You may not copy, store, modify, distribute, transmit, perform, reproduce, publish, licence, create derivative works from, transfer or sell any text, graphics, logos and other source-identifying symbols, designs, icons, images, or other information, software or code obtained from the App without prior express written permission from the Company which may be withheld for any or no reason. You further agree not to download, display or use any content on the App that is provided by the Company or its licensors located on the App for use in any publications, in public performances, on websites other than the App for any other commercial purpose, in connection with products or services that are not those of the Company, in any other manner that is likely to cause confusion among consumers, that disparages or discredits the Company and/or its licensors, that dilutes the strength of the Company or its licensor's property, or that otherwise infringes the Company or its licensors' intellectual property rights. You further agree to in no other way misuse any content published by the Company or third-party content that appears on the App.
All rights, title, and interest in and to the App not expressly granted in this Agreement are reserved by the Company. If you wish to use the Company's software, title, trade name, trademark, service mark, logo, domain name and/or any other identification with notable brand features or other content owned by the Company, you must obtain written permission from the Company. Permission requests may be sent to info@hailyhealth.de.
To avoid any doubt, the Company owns all the text, images, photos, audio, video, location data, software, code, and all other forms of data or communication that the Company creates and makes available in connection with the App, including but not limited to visual interfaces, interactive features, graphics, design, compilation of User Content (as defined below), and the compilation of aggregate user review ratings and all other elements and components of the App, excluding User Content (collectively referred to herein as the "Company's Content"). Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the App and the Company's Content are retained by us.
The App allows you to create and submit content in public areas that is intended to be shared or displayed, such as comments, feedback, feature requests, or other materials you choose to post or upload in public areas ("User Content").
User Content does not include personal health data, tracking data, or wellbeing information that you log in the App for the purpose of personal analysis, insights, or recommendations (collectively, “Health Data”). Health Data is processed solely in accordance with the Privacy Policy and applicable data protection laws.
You retain all rights to your User Content. By submitting User Content to the App, you grant the Company a non-exclusive, transferable, sublicensable, worldwide, royalty-free licence to use, copy, modify, display, perform, distribute, and create derivative works from such User Content solely for the purpose of operating, improving, and promoting the App and related services, subject to the Privacy Policy.
This licence does not apply to Health Data. The Company does not acquire ownership rights in Health Data and does not use Health Data for advertising, promotion, or public display.
You agree to indemnify and hold harmless the Company and its affiliates, directors, officers, and employees from any claims or expenses arising from your User Content or your violation of this Agreement.
The Company reserves the right to review User Content prior to or after submission and to remove any User Content at its sole discretion, without prior notice.
Our goal is to help make certain health-related information more readily available and useful to you. However, the App cannot and does not guarantee health-related improvements or outcomes.
Your use of the App and any information, predictions, or suggestions provided in the App are at your sole risk. We make no representation or warranty of any kind as to the accuracy of data, information, estimates, and predictions that we may provide to you through the App and you agree and understand that the App is not intended to match or serve the same purpose as a medical or scientific device or healthcare provider.
Subscriptions. We may offer you the opportunity to purchase subscriptions that provide access to certain content, products or services for a specified period of time. Subscriptions continue indefinitely. We charge you on-going fees automatically on a regular basis until cancelled. We explain the on-going fees, the billing frequency and how to cancel before you purchase.
Certain content, products or services included in subscription may change from time to time, as we introduce new features, develop our existing offering and sometimes retire features that aren't working out as planned. The features and content contained in the App may differ by country, language, relevant store, version or device.
By accessing Haily you agree that your purchases are not contingent on the provision of any future functionality or features, or dependent on any oral or written public statements, and comments made by Haily regarding such functionality or features.
Haily App is available via the third-party platform operators Apple App Store and Google Play Store. Therefore, when you make a purchase, you may additionally enter into a separate contract with the respective third-party service provider providing your app store, whose terms and conditions may apply. Depending on the respective third-party service provider's terms and conditions, you may need to exercise your rights of cancellation and revocation with these service providers.
Billing. You may purchase the subscription on a recurring basis disclosed to you prior to your purchase directly from Haily or through a third party by paying a subscription fee plus applicable taxes in advance.
Trial. Some of our subscriptions include a trial period, where you can experience the application for a specified period at no cost or at a reduced price ("Trial"). Trials will automatically convert into ongoing paid subscriptions at the end of the trial period. To avoid being charged, you must cancel your subscription prior to the expiration of the trial period. Please review all applicable terms carefully before you sign up for Trial.
Price and tax changes. Haily may from time to time make changes to subscription, including recurring subscription fees and will communicate any price changes to you in advance. Price changes will take effect at the start of the next subscription period following the date of the price change and, by continuing to use the subscription after the price change takes effect, you will have accepted the new price. If you don't agree to a price change, you can reject the change by unsubscribing from the applicable subscription prior to the price change going into effect.
If we discover an error in the price of items you have purchased, we will contact you. You will have the option of either reconfirming your order at the correct price or canceling it. If we are unable to contact you, your purchase will be automatically cancelled.
Tax rates or other fees are based on the rates applicable at the time of your monthly charge. These amounts can change over time with local tax requirements in your country, state, territory, county, or city. Any change in tax rate will be automatically applied based on the account information you provide.
Renewal. Your payment to Haily or the third party through which you purchased the subscription will automatically renew at the end of the applicable subscription period, unless you cancel your subscription before the end of the then-current subscription period.
Cancellation. You must cancel your subscription or Trial before it renews to avoid the billing of the fees for the next Subscription period. If you purchase your subscription through hailyhealth.de, you can cancel the renewal of your subscription at any time by contacting us by email at info@hailyhealth.de and specify the email you used to register your account.
If you purchase your subscription through a third party, contact them for information about billing, cancellation and refunds.
Contact our Support team at info@hailyhealth.de for instructions on how to cancel your subscription or Trial.
Promotional offers. From time to time you may have the opportunity to purchase a subscription in the form of Promotional offer. Promotional offers may be for new users only and/or not be valid for all users and are only available for a limited time. Other restrictions may apply. After the promotional period, subscription automatically continues at the then-current regular price (subject to change), unless cancelled, plus applicable taxes.
Haily employs usage quotas and fair use policies to ensure that our services remain accessible, reliable, and sustainable for all users. These measures are designed to:
Usage quotas may vary by subscription tier, account type, or specific features. We reserve the right to monitor usage patterns and enforce these limits to protect the integrity of our services. If your usage approaches or exceeds established quotas, we may temporarily restrict access to certain features or notify you of the limitation. In cases of excessive or abusive usage, we reserve the right to take additional measures, including but not limited to account suspension or termination, as outlined in this Agreement.
We will make reasonable efforts to notify users when they approach quota limits, but it is your responsibility to monitor your usage and ensure compliance with these fair use policies. Quotas and fair use policies may be updated from time to time, and continued use of the App constitutes acceptance of any such changes.
Haily Feature Requests is a feature of the App that allows registered users to submit feature requests, vote on feature requests submitted by other users, and leave comments. Feature requests, votes, comments, and the display name chosen by the user (such as initials or a full name) are visible to other users of the App.
If you delete your account, your feature requests, votes, and comments may remain visible to other users in an anonymised or pseudonymised form.
Our aim is to enable users to contribute to the improvement of Haily by sharing ideas and feedback. To support this, users may submit feature requests and vote on feature requests submitted by others. The Feature Requests functionality has the following limitations:
IMPORTANT NOTICE REGARDING PERSONAL DATA: Feature requests are visible to other users. You may choose to display your initials or full name, but you should not include sensitive personal data, health information, contact details, or any information that could identify another person. If you need to contact us directly, please use info@hailyhealth.de.
As a user of Feature Requests, you agree not to:
We reserve the right, at our sole discretion, to:
Content posted in Feature Requests does not constitute medical advice, diagnosis, or treatment. If you have health concerns, consult a licensed healthcare professional.
To the maximum extent permitted by applicable law, the Company disclaims liability for information or materials posted by users and for any actions taken in reliance on such content.
You are responsible for taking all reasonable steps to ensure that no unauthorised person shall have access to your App passwords or account. It is your sole responsibility to (1) control the dissemination and use of sign-in name, screen name and passwords; (2) authorise, monitor, and control access to and use of your App account and password; (3) promptly inform the Company if you believe your account or password has been compromised or if there is any other reason you need to deactivate a password.
Send us an email at info@hailyhealth.de.
You grant the Company and all other persons or entities involved in the operation of the App the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the App. You further acknowledge and agree that the App and account are designed and intended for personal use on an individual basis and you should not share your account and/or password details with another individual. The Company cannot and does not assume any responsibility or liability for any information you submit, or your or third parties' use or misuse of information transmitted or received arising from the using the App, and shall not be responsible for any losses arising out of the unauthorised use of your account or information resulting from you not following these rules.
We are solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. The Company controls and operates the App from various locations and makes no representation that the App is appropriate or available for use in all locations. The App or certain features of it may not be available in your location or may vary across locations.
The App is provided "as is", "as available" and is provided without any representations or warranties of any kind, express or implied, including, but not limited to, the implied warranties of title, non-infringement, merchantability, and fitness for a particular purpose, and any warranties implied by any course of performance or usage of trade, all of which are expressly disclaimed, save to the extent required by law. Neither the Company, nor any of its officers, directors, employees, agents, affiliates, representatives, suppliers, partners, advertisers or content providers warrants, and each of them hereby expressly disclaims, that: (a) the App will be secure or available at any particular time or location; (b) any defects or errors will be corrected; (c) any content or software available at or through the App is free of viruses or other harmful components; (d) the results of using the App will meet your requirements. Or (e) the accuracy, reliability, or completeness of the content, text, images, software, graphics, or communications provided by third parties on or through the App, including in feature requests. Your use of the App is solely at your own risk. Some states, countries do not allow limitations on implied warranties, so some or all of the above limitations may not apply to you.
If you downloaded this App from the Apple App Store, in the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our sole responsibility.
1. General Limitation: To the maximum extent permitted by applicable law, the Company and its affiliates, officers, employees, and partners shall not be liable for any indirect, incidental, special, consequential, or punitive damages. This includes, but is not limited to, loss of profits, data, use, goodwill, or other intangible losses resulting from your access to or use of (or inability to access or use) the App.
2. Liability Cap: In no event shall the Company’s total aggregate liability for all claims arising out of or related to the use of the App exceed the amounts paid by you to the Company for the use of the App during the twelve (12) months prior to the event giving rise to the liability, or one hundred dollars ($100), whichever is greater.
3. Exclusions (Mandatory Law): Nothing in these Terms shall exclude or limit our liability for:
4. Risk Assumption: You acknowledge that the use of any health or nutrition tracking features is at your own risk. While we strive to provide accurate data, the App is provided on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind.
You acknowledge that we, not the App Provider (Apple, Google, or other distribution platform), are responsible for addressing any claims you make or any third party relating to the App or your possession and/or use of that App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with the App's use of the HealthKit and Google Health Connect frameworks (if applicable). Nothing in these Terms limits our liability to you beyond what is permitted by applicable law.
You acknowledge that, in the event of any third party claim that the App or your possession and use of that App infringes that third party's intellectual property rights, we, not the App Provider (Apple, Google, or other distribution platform), will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
Please note that your carrier's normal rates and fees, such as text messaging and data charges, will still apply if you are using the App on a mobile device.
The App may give you access to links to third-party websites, apps, or other products or services ("Third Party Services"). The Company does not control Third Party Services in any manner and, accordingly, the Company is not responsible for the privacy practices of such Third Party Services and does not assume any liability associated with such Third Party Services. Your linking to or use of any Third Party Services other than the App is at your own risk. The Company's inclusion of links to Third Party Services does not imply any endorsement of any kind by the Company of the material located on or linked to by such Third Party Services and should not be deemed as such by any user of the App. The Company disclaims any responsibility for the products or services offered or the information contained on any Third Party Services. You need to take appropriate steps to determine whether accessing a Third Party Service is appropriate, including protecting your personal information and privacy in using any such Third Party Services and complying with relevant agreements.
You must comply with applicable third party terms of agreement when using the App. For example, if you have a VoIP application, then you must not be in violation of your wireless data service agreement when using the App.
You shall not link to our websites, app, content or services in a way that is: (i) illegal, (ii) suggests any form of association, approval or endorsement with or by us where none exists, (iii) damages our reputation or takes advantage of it, or (iv) is unfair.
We welcome your feedback about the App. Unless otherwise expressly declared, any communications you send to us or publish in app stores are deemed to be submitted on a non-confidential basis. You agree that we may decide to publicise such contents at our own discretion. You agree to authorise us to make use of such contents for free, and revise, modify, adjust and change it contextually, or make any other changes, in each case as we deem appropriate.
We are not obligated to monitor access or use of the App. However, we reserve the right to do so for purposes of operating and maintaining the App, ensuring your compliance with this Agreement, and complying with applicable legal requirements. We may disclose unlawful conduct to law enforcement authorities, and pursuant to valid legal process, we may cooperate with law enforcement authorities to prosecute users who violate the law.
We reserve the right (but are not required) to remove or disable any content posted to the App or access to the App at any time, in each case without notice and at our sole discretion if we determine in our sole discretion that your content or use of the App is objectionable or in violation this Agreement.
We may refuse service, close Accounts, and change eligibility requirements at any time.
The Company has no liability or responsibility to users of the App or any other person or entity for performance or nonperformance of the aforementioned activities.
We are solely responsible for providing any maintenance and support services with respect to the App, as specified in this Agreement, or as required under applicable law. You acknowledge that the App Provider (Apple, Google, or other distribution platform) has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
From time to time, it may become necessary to change, expand, upgrade and improve the App to ensure it is functioning properly. We may also, at any time, cease to continue operating part or all of the App or selectively disable certain features of the App. Your use of the App does not entitle you to the continued provision or availability of the App.
Any modification or elimination of the App or any particular features will be done in our sole and absolute discretion and without an ongoing obligation or liability to you.
We may indefinitely suspend, or discontinue online access to content associated with Haily at any time, including for service deprecations, maintenance services, or upgrades, without prior notice or liability. We may also discontinue offering certain content or features. For any content or features that use online servers, we make no commitment to continue to make those servers available.
You agree to defend, indemnify, and hold the Company, its officers, directors, employees, agents, affiliates, representatives, licensors, suppliers, partners, advertisers and content providers, harmless from and against any claims, actions, demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, arising out of or resulting from, or alleged to result from, your violation of this Agreement.
Please read this section carefully, as it describes how disputes between you and the Company are resolved depending on your place of residence.
Governing Law. This Agreement is governed by the laws of the Federal Republic of Germany, excluding its conflict of law rules, unless mandatory consumer protection laws provide otherwise.
Consumers in the European Union and Comparable Jurisdictions. If you are a consumer resident in the European Union, the United Kingdom, Switzerland, Norway, or Iceland, you benefit from any mandatory consumer protection laws of your country of residence. Nothing in this Agreement limits your right to bring proceedings before the courts of your place of residence or to rely on applicable consumer protection authorities.
Jurisdiction for Non-Consumers. If you are not acting as a consumer, the courts of Regensburg, Germany, shall have exclusive jurisdiction over any dispute arising out of or in connection with this Agreement.
United States Residents – Arbitration Agreement. If you are a resident of the United States, you and the Company agree that any dispute, claim, or controversy arising out of or relating to this Agreement or the App shall be resolved by binding individual arbitration under the U.S. Federal Arbitration Act, rather than in court, except that either party may bring an individual claim in small claims court where permitted.
Arbitration shall be conducted by a reputable arbitration provider under its applicable rules. The arbitration shall be conducted in English, and the arbitrator’s decision shall be final and binding, subject to limited rights of appeal under applicable law.
Class Action Waiver (United States Only). To the fullest extent permitted by applicable law, disputes by U.S. residents must be brought on an individual basis and not as a plaintiff or class member in any purported class, collective, or representative action.
Opt-Out Right (United States Only). You may opt out of this arbitration agreement within thirty (30) days of first accepting this Agreement by contacting us at info@hailyhealth.de. Opting out will not affect your ability to use the App.
Informal Resolution. Before initiating formal legal proceedings, you and the Company are encouraged to attempt to resolve disputes informally by contacting us at info@hailyhealth.de. This does not restrict any party’s right to pursue formal remedies.
Limitation Periods. Statutory limitation periods apply. Nothing in this Agreement limits rights or remedies in a manner prohibited by applicable law.
If you believe any materials accessible on or from the App infringe your copyright, you may request removal of those materials (or access thereto) from this App by contacting the Company and providing the following information:
In an effort to protect the rights of copyright owners, the Company maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of the App who are repeat infringers.
We may modify this Agreement from time to time if we think it is necessary (e.g. for legal reasons or to reflect changes in the App, website). If we materially change the Agreement, we will make the update Agreement available online and make reasonable efforts to tell you about it (e.g. by sending you a notice).
Once we change the Agreement, it will become legally binding on you thirty (30) days after we post it online. During that period, you are welcome to contact us at info@hailyhealth.de if you have specific questions about the changes. If you do not agree to those changes (regardless of whether you email us), then unfortunately we need to ask you to cease using Haily App, and access the website. We are sorry we have to say that, but we hope you will appreciate that for Haily to work properly we need to have everyone using it under the same rules instead of different people having different rules. That is why we encourage you to get in contact if you have queries or concerns.
If you don't agree to the new terms, you should stop using our services. Your continued use of the services after the effective date of an updated version of the Agreement will indicate your acceptance of the Agreement as modified.
Successors and Assigns. This agreement ensures the benefit of the parties, including any of our successors in interest. We have the right to assign our rights and obligations under this agreement to any affiliates or to any Haily Entity.
Severability. If for any reason an arbitrator, an arbitral or other tribunal, or a court of competent jurisdiction finds any provision of this Agreement, or any portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of this Agreement, and the remainder of this Agreement shall continue in full force and effect. A printed version of this Agreement shall be admissible in arbitral, judicial or administrative proceedings.
No waiver by the Company of any term or condition set forth in this Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under this Agreement shall not constitute a waiver of such right or provision.
Upon termination of this Agreement, all provisions of this Agreement that by their nature, should survive termination, shall survive termination, including, without limitation, the provisions on dispute resolution, all ownership provisions, warranty disclaimers, and limitations of liability.
If you downloaded this App from the Apple App Store, the following additional terms apply:
Third Party Beneficiary. You acknowledge and agree that Apple, and Apple's subsidiaries, are third party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof.
Scope of License for Apple App Store. The license granted to you for the App is limited to a non-transferable license to use the App on any Apple-branded Products that you own or control and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions, except that such App may be accessed and used by other accounts associated with you via Family Sharing or volume purchasing.
If you have any comments or questions on any part of the App or any part of these Terms of Service, require support, or have any claims, please contact us at info@hailyhealth.de.
The business address of App Werkstatt Taudt is Am Kurpark 2A, 93077 Bad Abbach, Germany.
Telephone: +49 170 3489782
When you contact us, we expect our staff to be polite and respectful. We expect the same of you. If you are rude to or abuse or threaten our staff we may restrict you to contacting us by email or refuse to support you any further. If your behaviour suggests a risk to our staff, our community or our business we may suspend your account and escalate the matter to law enforcement.