Happy Toasty
Privacy Terms

Terms of Service

Effective: May 2026 · Last updated: May 2026

These Terms of Service ("Terms") govern your access to and use of Happy Toasty and any other mobile application or game published by Tyler Holloway ("we," "us," or "our") that links to these Terms (each an "App," and collectively the "Apps"). The same Terms apply to every App that points here; references to "Happy Toasty" below are illustrative and the same rules apply to any other App in this family. Apps that ship their own dedicated Terms of Service (linked from their App Store listing or in-app About screen) are governed by those Terms instead. By downloading, installing, or using any App covered by these Terms, you agree to be bound by them. If you do not agree, do not use the App.

1. Eligibility

You must be at least 13 years old to use the App. If you are under the age of majority in your jurisdiction (typically 18), you must have permission from a parent or legal guardian.

2. License

We grant you a personal, limited, non-exclusive, non-transferable, revocable license to download and use the App on any compatible iOS device that you own or control, solely for your personal, non-commercial entertainment.

This license is granted by Tyler Holloway subject to these Terms. The App is licensed, not sold.

3. Restrictions

You agree not to:

  • Modify, decompile, reverse engineer, disassemble, or otherwise attempt to discover the source code or underlying ideas of the App, except to the extent that applicable law prohibits this restriction.
  • Distribute, sell, lease, sublicense, or otherwise transfer the App or any part of it to a third party.
  • Remove or alter any copyright, trademark, or other proprietary notices in the App.
  • Use the App for any unlawful purpose or in violation of any applicable laws.
  • Use any automated system (bots, scrapers, scripts) to interact with the App in a way that imposes an unreasonable load on our infrastructure or providers.
  • Circumvent, disable, or interfere with security features of the App or the App Store.
  • Use the App to harass, abuse, or harm another person.

4. Advertising

The App is supported by advertising. By using the App, you acknowledge and agree that you may see advertisements served by third-party networks (currently Google AdMob).

We do not endorse and are not responsible for the content of advertisements or the products and services they promote. Your interaction with advertisers is solely between you and the advertiser.

You may opt out of personalized advertising via the iOS App Tracking Transparency settings (see our Privacy Policy, Section 2).

5. Intellectual Property

The App, including all source code, graphics, audio, characters, level design, and other content (collectively, the "Content"), is owned by Tyler Holloway and/or its licensors and is protected by copyright, trademark, and other intellectual property laws.

You acknowledge that no title to or ownership of the Content is transferred to you. Any use of the Content not expressly authorized by these Terms is prohibited.

Third-party assets used in the App (sounds, visual effects, fonts, model packs, SDKs) are licensed under their respective licenses, which are credited where required by their licensors.

6. User-Generated Content

The App does not currently allow users to submit, upload, or share content. If we add such functionality in the future, additional terms will apply.

7. In-App Purchases

The App does not currently offer in-app purchases. If we add in-app purchases in the future, all transactions will be processed by Apple via the App Store. We do not handle payment information directly. Purchases are subject to Apple's Media Services Terms and may be non-refundable.

8. Updates and Changes to the App

We may release updates, patches, new features, or remove existing features at any time without prior notice. You may need to install updates through the App Store to continue using the App. We are not obligated to support older versions.

9. Disclaimer of Warranties

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TYLER HOLLOWAY DISCLAIMS ALL WARRANTIES INCLUDING, BUT NOT LIMITED TO:

  • Implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
  • Warranties that the App will be uninterrupted, error-free, secure, or free of harmful components.
  • Warranties regarding the accuracy or reliability of any information or content within the App.

Some jurisdictions do not allow the exclusion of certain warranties. In those jurisdictions, the above exclusions may not apply to you, but they apply to the maximum extent permitted by law.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TYLER HOLLOWAY, ITS AFFILIATES, OR ITS LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES) ARISING OUT OF OR RELATED TO YOUR USE OF THE APP, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE APP SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US (IF ANY) IN THE TWELVE (12) MONTHS BEFORE THE CLAIM AROSE OR (B) USD $10.

Some jurisdictions do not allow the limitation of liability for incidental or consequential damages. In those jurisdictions, the above limitations may not apply to you.

11. Indemnification

You agree to indemnify and hold harmless Tyler Holloway, its affiliates, officers, employees, and agents from any claims, losses, liabilities, damages, costs, or expenses (including reasonable attorneys' fees) arising out of or related to:

  • Your use or misuse of the App.
  • Your violation of these Terms.
  • Your violation of any third-party right, including intellectual property or privacy rights.

12. Termination

These Terms remain in effect until terminated. We may suspend or terminate your access to the App at any time, with or without cause and with or without notice. You may terminate by uninstalling the App from your device.

Upon termination, the licenses granted to you in Section 2 immediately end. Sections that by their nature should survive termination (including Sections 5, 9, 10, 11, and 14) will survive.

13. Apple-Specific Terms

If you are using the App on an iOS device, you acknowledge and agree that:

  • These Terms are between you and Tyler Holloway, not Apple. Apple is not responsible for the App or its content.
  • Apple has no obligation to provide maintenance or support for the App.
  • 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 (if any). To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the App.
  • We are solely responsible for addressing any claims by you or any third party relating to the App, including (i) product liability claims, (ii) claims that the App does not conform to legal or regulatory requirements, and (iii) claims under consumer protection or similar legislation.
  • In the event of a third-party claim that the App or your use of it infringes an intellectual property right, we are solely responsible for the investigation, defense, settlement, and discharge of that claim.
  • Apple and its subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple has the right (and is deemed to have accepted that right) to enforce these Terms against you as a third-party beneficiary.

14. Governing Law and Disputes

These Terms are governed by the laws of the State of Connecticut, without regard to conflict-of-law principles. Any dispute arising under these Terms will be resolved in the state or federal courts located in Hartford County, Connecticut, and you consent to the personal jurisdiction of those courts.

15. Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and Tyler Holloway regarding the App and supersede any prior agreements.

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

Our failure to enforce any right or provision is not a waiver of that right or provision.

16. Contact Us

For questions about these Terms, contact Tyler Holloway at zoomateserver@gmail.com.

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