Terms of Use — Hoof Harted

Effective date: September 15, 2026

These Terms are a legal agreement between you and HappyBirdsEntertainment, Inc. ("we", "us"), covering your use of the Hoof Harted mobile application (the "App").

By downloading or using the App you accept these Terms. If you do not accept them, do not use the App.

---

1. What Hoof Harted is

Hoof Harted is a party game. It is entertainment, and nothing in it is a measurement.

The App presents itself as an over-engineered "detector" as a joke. That presentation is part of the game. To be unambiguous:

• The App does not detect, sense, measure, analyze, or identify anything whatsoever — not smells, not gases, not intelligence, not humor, not people, not anything about the physical world. This is for pure entertainment. If you don’t laugh then that’s on you!!
• The App has no idea who is in the room. It knows only the text you typed into it.
• The result of every round is a random selection from the names you entered. The selection is uniform: every name you enter has the same chance of being chosen. The App states this on the result screen.
• The animations, readouts, percentages, "confidence" figures, sound effects, and technical language are decorative. They are generated from a timer and are not derived from any measurement of anything.

Do not rely on the App for any purpose other than amusement. It must not be used to make any decision that matters, to allocate blame or responsibility, or in any context where a person could be harmed, embarrassed in a way they have not consented to, disadvantaged, or treated unfairly on the basis of a result.

2. Who may use it

You must be 12 or older to use the App, consistent with its store age rating. If you are under the age of majority where you live, you may use the App only with the involvement of a parent or guardian who accepts these Terms on your behalf.

3. Your license

We grant you a personal, limited, non-exclusive, non-transferable, revocable license to install and use the App on devices you own or control, as permitted by the rules of the store you obtained it from. This license is for personal, non-commercial entertainment use.

4. What you may not do

You may not:

• reverse engineer, decompile, or disassemble the App, except where that restriction is prohibited by law;
• copy, sell, rent, sublicense, or redistribute the App;
• remove or obscure any notice in the App;
• use the App in any way that breaks the law, or to harass, bully, humiliate, defame, or intimidate anyone;
• enter another person's name in order to accuse them of something, or present a result as though it were a finding of fact. The App produces a random name. Using it to make a real accusation misuses it.

5. Other people's names

You are responsible for the names you type in. Only enter a person's name if it is appropriate to do so and, where it matters, with their agreement — the point of the game is that everyone in the room is playing.

Names stay on your device and are never sent to us. See the Privacy Policy.

6. Subscriptions

The App is free to download and includes a limited number of free rounds. Additional features are offered through an auto-renewing subscription, Hoof Harted Pro.

6.1 Price and billing period

Prices are shown in the App in your local currency before you buy, and are the prices shown by the App Store or Google Play at the moment of purchase. Prices may differ by territory and may change; any change is disclosed before it applies to you.

6.2 Auto-renewal — read this

• The subscription renews automatically at the end of each billing period.
• Payment is charged to your Apple or Google account at confirmation of purchase, and again at each renewal.
• It renews unless you cancel at least 24 hours before the end of the current period.
• Your account is charged for renewal within 24 hours before the end of the current period, at the rate then applicable.
• You can manage and cancel your subscription in your Apple or Google account settings, not in the App. We cannot cancel it for you.
• Cancelling stops future renewals. It does not shorten or refund the period you have already paid for — you keep access until that period ends.
• Any unused portion of a free trial, where one is offered, is forfeited when you buy a subscription.

6.3 What the subscription provides

The subscription provides access to the paid features described in the App at the time you subscribe.

We may add, change, or remove features over time. If we materially reduce what the subscription provides, we will make that clear before it applies to you.

6.4 Refunds

Purchases are made through Apple or Google, and refunds are handled by them under their own policies. We cannot issue refunds directly.

• Apple: request a refund at reportaproblem.apple.com
• Google Play: request a refund through the Play Store or Google's support

Nothing here limits any statutory right of withdrawal, cancellation, or refund you have where you live.

6.5 Restoring a purchase

If you reinstall the App or use a new device with the same store account, use Restore Purchases on the subscription screen to recover an active subscription.

7. Changes to the App

We may update, change, or discontinue the App or any of its features. We are not obliged to maintain it indefinitely. If we discontinue it while you hold a paid subscription, you may be entitled to a refund for the unused portion under the store's policies.

8. Intellectual property

The App, including its code, artwork, sounds, text, and the name Hoof Harted, belongs to us or our licensors and is protected by intellectual property law. These Terms grant you a license to use the App, not any ownership of it.

9. Disclaimer of warranties

The App is provided "as is" and "as available". To the maximum extent permitted by law we disclaim all warranties, express or implied, including any implied warranty of merchantability, fitness for a particular purpose, and non-infringement.

We do not warrant that the App will be uninterrupted, error-free, or available at any particular time.

Nothing in these Terms excludes or limits any right you have as a consumer that cannot be excluded or limited by law. Some jurisdictions do not allow the exclusion of implied warranties, so parts of this section may not apply to you.

10. Limitation of liability

To the maximum extent permitted by law, we are not liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, data, goodwill, or reputation, arising out of your use of the App.

To the maximum extent permitted by law, our total liability to you for any claim relating to the App is limited to the greater of (a) the amount you paid us for the App in the twelve months before the claim arose, or (b) USD 50.

We are not liable for anything that happens between people as a result of playing a party game, including any dispute, offence, or embarrassment arising from a result the App produced at random.

Nothing in this section limits liability for death or personal injury caused by negligence, for fraud, or for anything else that cannot be limited by law.

11. Governing law and disputes

This Agreement shall be governed by and construed in accordance with the laws of the State of New Jersey, without regard to its conflict of law provisions. The Parties consent to the exclusive jurisdiction of American Arbitration Association, (Adr.com).

2\. The parties herein agree that the sole remedy shall be a binding decision issued by American Arbitration Association, (Adr.com). The parties herein waive any and all rights to having a jury or non jury trial and have read and understand that User have a right to an attorney review the within document. Either party may file a dispute with American Arbitration Association, (Adr.com).

3\. Prior to any filing a dispute with American Arbitration Association the parties herein agree to attempt to resolve disputes informally first by contacting Richard Takvorian, Esq., 201-489-2205 or Taklawyer@yahoo.com or we will contact the User, in the event that User created a dispute.

If you are a consumer, you keep the benefit of any mandatory protections of the law of the country where you live.

12. Apple-specific terms

These terms apply where you obtained the App from the Apple App Store. They are the minimum terms Apple requires of a developer supplying its own end user license agreement.

1. This agreement is between you and us only, not with Apple. We, not Apple, are solely responsible for the App and its content.
2. The license granted in section 3 is limited to use of the App on Apple-branded products you own or control, as permitted by the App Store Terms of Service.
3. Apple has no obligation to provide any maintenance or support for the App.
4. If the App fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price. To the maximum extent permitted by law, Apple has no other warranty obligation of any kind with respect to the App. Any other claims, losses, liabilities, damages, costs, or expenses attributable to a failure to conform to a warranty are our responsibility, not Apple's.
5. We, not Apple, are responsible for addressing any claim by you or a third party relating to the App or your possession and use of it, including product liability claims, any claim that the App fails to conform to a legal or regulatory requirement, and claims arising under consumer protection, privacy, or similar legislation.
6. We, not Apple, are responsible for the investigation, defense, settlement, and discharge of any third-party claim that the App infringes that party's intellectual property rights.
7. You represent that you are not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country, and that you are not on any U.S. Government list of prohibited or restricted parties.
8. Our contact details for any question, complaint, or claim about the App are in section 14.
9. Apple and its subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance Apple has the right (and is deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.
10. You must comply with any applicable third-party terms of agreement when using the App.

13. Google Play

Where you obtained the App from Google Play, your use is also subject to the Google Play Terms of Service. Google is not a party to these Terms and is not responsible for the App.

14. Contact

For any questions, concerns, user assistance, contact: Info@HappyBirdsEntertainment@yahoo.com.

15. Entire agreement, severability

These Terms, together with the Privacy Policy, are the entire agreement between you and us about the App. If any provision is held unenforceable, the rest remains in force. Our failure to enforce a provision is not a waiver of it.