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Terms and Conditions

Terms and Conditions

Medical Disclaimer and Emergencies

Happy Ladders is not a medical, diagnostic, or emergency service. The Service, including any content, activities, coaching, or responses generated by the AI Assistant (Aimy), is provided for general developmental coaching and educational purposes only. It is not intended to diagnose, treat, cure, or prevent any medical, mental health, developmental, or behavioral condition, and it is not a substitute for advice, diagnosis, or treatment from a qualified professional.

Never rely on the Service in a medical emergency. If You or Your child is experiencing a medical emergency — including but not limited to a seizure, loss of consciousness, difficulty breathing, uncontrolled bleeding, a suspected head injury, or any other situation You believe requires immediate care — call your local emergency number (911 in the United States) or go to the nearest emergency room immediately. Do not use the Service, the chat, or any AI-generated response in place of contacting emergency services or a qualified clinician.

You are responsible for exercising Your own judgment about Your child's health and safety. Nothing You read, see, or receive from the Service — including from Aimy — creates any obligation on the Company to provide medical care or to intervene in a medical situation.

AI Assistant (Aimy)

The Service includes an artificial intelligence assistant named "Aimy" that generates coaching responses, suggestions, welcome messages, and other content in response to Your inputs ("AI Output"). You acknowledge and agree to the following:

  • AI Output is machine-generated. Aimy is powered by one or more third-party large language models and related AI systems. Responses are generated automatically and may be inaccurate, incomplete, out of date, inconsistent, or inappropriate for Your specific situation.
  • AI Output is not medical, clinical, legal, or professional advice. Aimy does not diagnose conditions, prescribe treatments, or replace a clinician, therapist, teacher, or other qualified professional.
  • You are responsible for Your decisions. You must use Your own judgment before acting on any AI Output, and You should consult a qualified professional for medical, clinical, legal, or other advice specific to Your situation.
  • Inputs may be processed and logged. Messages, notes, and other content You provide to Aimy (including content about Your child) may be transmitted to and processed by third-party AI providers, and may be logged, retained, and reviewed by the Company to operate, debug, and improve the Service, in accordance with Our Privacy Policy.
  • Emergency behavior. Aimy is designed to direct You to emergency services when Your message describes what appears to be an immediate medical danger. This is a general safety prompt, not a triage decision, and must never replace calling Your local emergency number.
  • No guarantee of availability. The AI Assistant may be slow, rate-limited, unavailable, or withdrawn at any time, and the underlying AI models and providers may change without notice.

Product Scope — What Happy Ladders Is and Is Not

Happy Ladders is a non-medical, parent-led developmental coaching product intended to help caregivers of children with developmental needs build skills and routines at home and in the community.

Happy Ladders is not:

  • a medical device, diagnostic tool, or medical service;
  • a therapy, mental health, or behavioral health service;
  • a substitute for in-person evaluation, diagnosis, or treatment by a qualified clinician, therapist, physician, regional center, school, or other professional;
  • an emergency, crisis, or urgent-care service.

You agree not to use the Service as if it were any of the things listed above.

No Clinician–Patient or Therapist–Client Relationship

Your use of the Service, including any interaction with Aimy or with any Happy Ladders staff member (including Amy Jacobs-Schroeder and any content or guidance attributed to her), does not create a clinician–patient, therapist–client, doctor–patient, or other professional services relationship between You and the Company or any of its staff. Guidance offered through the Service is general coaching, not individualized medical, psychological, or therapeutic care.

Availability and Local Laws

Happy Ladders is offered to caregivers in multiple states and countries, and in more than one language (currently English, Spanish, and Russian). Your use of the Service is subject both to these Terms and to any laws that apply to You in the state, country, or region where You are located — including consumer-protection, data-protection, health-information, and emergency-services laws. Nothing in these Terms limits any non-waivable rights You have under the laws of Your jurisdiction.

In any emergency, regardless of where You are located, call the emergency services available in Your jurisdiction (for example, 911 in the United States). Do not rely on the Service for emergency response.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

  • Application means the software program provided by the Company downloaded by You on any electronic device, named Happy Ladders.
  • Application Store means the digital distribution service operated and developed by Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) in which the Application has been downloaded.
  • Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
  • AI Assistant or "Aimy" means the artificial-intelligence-powered chat, suggestions, welcome, and related generative features included in the Service.
  • AI Output means any text, suggestion, recommendation, or other content generated by the AI Assistant.
  • Account means a unique account created for You to access our Service or parts of our Service.
  • Country refers to California, United States — the jurisdiction in which the Company is organized. The Service may be used outside this jurisdiction; see "Availability and Local Laws" above.
  • Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Happy Ladders LLC, 2201 Francisco Dr. Suite 140-549 El Dorado Hills CA 95762.
  • Content refers to content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.
  • Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
  • Feedback means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Service.
  • Service refers to the Application, including the AI Assistant.
  • Subscriptions refer to the services or access to the Service offered on a subscription basis by the Company to You.
  • Terms and Conditions (also referred to as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
  • Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
  • You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable. For the avoidance of doubt, "You" is the caregiver — not the child.

Acknowledgment

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions, including the Medical Disclaimer and Emergencies, AI Assistant (Aimy), Product Scope, and No Clinician–Patient or Therapist–Client Relationship sections above. If You disagree with any part of these Terms and Conditions then You may not access the Service.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service. The Service is intended to be used by a caregiver on behalf of a child; the child is not an account-holder or user of the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information — and information about Your child that You provide — when You use the Application or the Website, and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

This application ("App") is provided for your family's care and needs to use certain health information stored by Happy Ladders to function.

I hereby authorize Happy Ladders to disclose and the Company (as defined in the App's Terms of Use Agreement) to use my and my children's health information stored in Happy Ladders's records in connection with (i) creating my account profile in the App, (ii) the operation of the App, including to make any improvements or adjustments to the app, and (iii) processing by the AI Assistant and its underlying AI providers to generate AI Output.

I understand that by using the App, Company may send me notifications, publications, or emails containing marketing, advertising, or other similar information optional: related to health or wellness.

This authorization is effective from today until my account is deactivated or after 1 year of app inactivity, whichever is sooner, at which time this authorization expires.

I understand I have the right to revoke this authorization, in writing, at any time, by emailing support@happyladders.com and understand that a revocation is not effective to the extent that any person or entity has already acted in reliance on my authorization.

I understand that if I authorize the disclosure of my health information to the Company, as a result of this authorization, my health information could be re-disclosed by the Company to a business partner who is not legally required to keep it confidential, it may be redisclosed and may no longer be protected. However, California law does not allow organizations that receive my health information via this authorization to further disclose that information unless they are allowed to do so by law, or unless I sign a new authorization.

Subscriptions

Subscription period

The Service or some parts of the Service are available only with a paid Subscription. You will be billed in advance on a recurring and periodic basis (such as daily, weekly, monthly or annually), depending on the type of Subscription plan you select when purchasing the Subscription.

At the end of each period, Your Subscription will automatically renew under the exact same conditions unless You cancel it or the Company cancels it.

Subscription cancellations

You may cancel Your Subscription renewal either through Your Account settings page or by contacting the Company. You will not receive a refund for the fees You already paid for Your current Subscription period and You will be able to access the Service until the end of Your current Subscription period.

Billing

You shall provide the Company with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information.

Should automatic billing fail to occur for any reason, the Company will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

Fee Changes

The Company, in its sole discretion and at any time, may modify the Subscription fees. Any Subscription fee change will become effective at the end of the then-current Subscription period.

The Company will provide You with reasonable prior notice of any change in Subscription fees to give You an opportunity to terminate Your Subscription before such change becomes effective.

Your continued use of the Service after the Subscription fee change comes into effect constitutes Your agreement to pay the modified Subscription fee amount.

Refunds

Except when required by law, paid Subscription fees are non-refundable.

Certain refund requests for Subscriptions may be considered by the Company on a case-by-case basis and granted at the sole discretion of the Company.

User Accounts

When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.

You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service.

You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

Content

Your Right to Post Content

Our Service allows You to post Content. You are responsible for the Content that You post to the Service, including its legality, reliability, and appropriateness.

By posting Content to the Service, You grant Us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of Your rights to any Content You submit, post or display on or through the Service and You are responsible for protecting those rights. You agree that this license includes the right for Us to make Your Content available to other users of the Service, who may also use Your Content subject to these Terms.

You represent and warrant that: (i) the Content is Yours (You own it) or You have the right to use it and grant Us the rights and license as provided in these Terms, and (ii) the posting of Your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

Content Restrictions

The Company is not responsible for the content of the Service's users. You expressly understand and agree that You are solely responsible for the Content and for all activity that occurs under your account, whether done so by You or any third person using Your account.

You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following:

  • Unlawful or promoting unlawful activity.
  • Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.
  • Spam, machine- or randomly-generated, constituting unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.
  • Containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a third person.
  • Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity or other rights.
  • Impersonating any person or entity including the Company and its employees or representatives.
  • Violating the privacy of any third person.
  • False information and features.

The Company reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any Content is appropriate and complies with these Terms, refuse or remove this Content. The Company further reserves the right to make formatting and edits and change the manner of any Content. The Company can also limit or revoke the use of the Service if You post such objectionable Content. As the Company cannot control all content posted by users and/or third parties on the Service, you agree to use the Service at your own risk. You understand that by using the Service You may be exposed to content that You may find offensive, indecent, incorrect or objectionable, and You agree that under no circumstances will the Company be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of any content.

Content Backups

Although regular backups of Content are performed, the Company does not guarantee there will be no loss or corruption of data.

Corrupt or invalid backup points may be caused by, without limitation, Content that is corrupted prior to being backed up or that changes during the time a backup is performed.

The Company will provide support and attempt to troubleshoot any known or discovered issues that may affect the backups of Content. But You acknowledge that the Company has no liability related to the integrity of Content or the failure to successfully restore Content to a usable state.

You agree to maintain a complete and accurate copy of any Content in a location independent of the Service.

Community Participation

Participation in the Happy Ladders community is voluntary. You have the freedom to post, comment, and engage in discussions with other users. However, we expect all community members to follow our guidelines, which promote a respectful and inclusive environment for everyone. Happy Ladders reserves the right to moderate, remove, or take appropriate action on any content that violates our guidelines or infringes on the rights of others.

Copyright Policy

Intellectual Property Infringement

We respect the intellectual property rights of others. It is Our policy to respond to any claim that Content posted on the Service infringes a copyright or other intellectual property infringement of any person.

If You are a copyright owner, or authorized on behalf of one, and You believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, You must submit Your notice in writing to the attention of our copyright agent via email at info@happyladders.com and include in Your notice a detailed description of the alleged infringement.

You may be held accountable for damages (including costs and attorneys' fees) for misrepresenting that any Content is infringing Your copyright.

DMCA Notice and DMCA Procedure for Copyright Infringement Claims

You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest.
  • A description of the copyrighted work that You claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work.
  • Identification of the URL or other specific location on the Service where the material that You claim is infringing is located.
  • Your address, telephone number, and email address.
  • A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
  • A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner's behalf.

You can contact our copyright agent via email at info@happyladders.com. Upon receipt of a notification, the Company will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Service.

Intellectual Property

The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.

The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.

Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.

Your Feedback to Us

You assign all rights, title and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.

Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

Termination

We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service.

Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy, or harm to Your child arising out of or in any way related to (a) the use of or inability to use the Service, (b) any AI Output from Aimy or any reliance on such AI Output, (c) any decision You make, or fail to make, about Your child's health, safety, development, or behavior in connection with the Service, including any failure to seek timely medical or emergency care, (d) any third-party software or third-party hardware used with the Service, or (e) otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.

"AS IS" and "AS AVAILABLE" Disclaimer

The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service, including any AI Output generated by the AI Assistant (Aimy); or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws. Regardless of governing law, in any emergency You should contact the emergency services available in the jurisdiction where You are located.

Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

For European Union (EU) Users

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.

United States Federal Government End Use Provisions

If You are a U.S. federal government end user, our Service is a "Commercial Item" as that term is defined at 48 C.F.R. §2.101.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

Contact Us

If you have any questions about these Terms and Conditions, You can contact us by email at support@happyladders.com.

Addendum A — California Regional Center Subscribers

This Addendum A applies to You only if You are enrolled in Happy Ladders through a California Regional Center (a "Regional Center"). If You are not a Regional Center subscriber, this Addendum A does not apply to You and does not form part of Your agreement with the Company. The main Terms and Conditions above continue to apply to all users, regardless of subscriber type or location.

If You are a Regional Center subscriber, in addition to the main Terms and Conditions above, You agree to the following:

I understand that my child's success in Happy Ladders is dependent on my engagement with the app, as well as my employment of the activities with my child at home and in the community. I agree to engage the app a minimum of two times per month to complete or update assessments, share activity and duration data, review activities, log data, and attend webinars or office hours.

Following one month of less than two app visits, Happy Ladders will send me a text message reminder.

Following two consecutive months of less than two app interactions, my Regional Center Service Coordinator will be contacted, access to Happy Ladders suspended, and a discussion will be required to determine whether to continue, cancel or pause my subscription.

If any provision of this Addendum A conflicts with the main Terms and Conditions, this Addendum A controls only for Regional Center subscribers and only with respect to the specific subject matter of the conflict; the main Terms and Conditions otherwise remain in full effect.

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