Happy Charlie Terms of Service

Version 2026-10-10.1 · Effective on publication after approval

Publication candidate. This version is now the application's legal source. Entity/contact fields and the publication conditions below remain pending; promotion does not approve unresolved legal or vendor issues or change historical consent.

1. Who we are, and what this covers

Happy Charlie is a baby-care record keeping service operated by TMIC, Inc. ("Happy Charlie", "we", "us"). It lets a family record and share a baby's day-to-day care — feeds, sleep, diapers and similar entries — across the caregivers who look after that baby.

These Terms cover the Happy Charlie apps and website (the "Service"). Our Privacy Notice and Consumer Health Data Notice describe how we handle information. They are notices, not additional contracts, except where applicable law provides otherwise.

Statutory rights and obligations apply to the extent required by the law governing the relevant person, information and activity, including applicable federal law and mandatory state or other jurisdictional law. These Terms do not voluntarily extend a jurisdiction's statutory rights beyond its coverage. They do not waive nonwaivable rights or remove obligations arising under an earlier agreement or representation.

2. Accepting these Terms

Creating an account accepts the Terms version presented with that action. The sign-up screen provides these Terms and our privacy notices next to that control. We record which Terms version was presented and when accepted. We do not record an account holder's age, eligibility answer, or date of birth.

Accepting Terms is not a substitute for separate sensitive-data, parental or sharing consent required by privacy law. Optional choices must be presented and recorded separately where required.

If you do not agree with these Terms, do not create an account or use the Service.

3. Who may use Happy Charlie

Account holders. You may create and hold an account only if you have reached the age of majority where you live or are legally emancipated under the law that applies to you. An emancipated minor has the same product roles and contractual responsibilities as another eligible account holder, subject to nonwaivable law. Emancipation does not automatically remove age-defined privacy protections.

Helpers. Someone younger than that may use an account that an eligible account holder controls — a teenage sibling who logs a bottle, for example — but only with that account holder's express permission and under their supervision. A helper does not get an account, a sign-in, a profile, or a separate identity in the family. Everything a helper records appears as the account holder's own entry, and the account holder remains responsible for it, exactly as if they had made the entry themselves. We call such a person a permitted helper.

What this is not. It is not a way to give someone their own standing in the family without an account. If you want another person to have their own access, invite them; if they cannot meet the account-holder requirement above, they cannot be invited. It is also not permission to hand your sign-in to someone outside your household.

Your account is yours. Except for a permitted helper using a device on which you control the signed-in session, do not share your password or sign-in codes, let anyone else sign in as you, or use anyone else's account. Tell us promptly at support@happy-charlie.com if you think someone has accessed your account without permission.

No separate helper identity does not mean no personal information is collected from the helper: their voice or device interactions may themselves be personal information. Applicable parental/known-child consent and minor-privacy obligations are assessed separately. This clause does not authorise processing that applicable law forbids or waive a child's rights.

If we learn that an account holder is not eligible, we may restrict or close the account and handle the information as required by applicable law. The product asks no age question and has no routine document check; any legally required verification is assessed separately.

Where we operate. The Service is offered in the United States only, and is not directed to people in other countries.

4. Happy Charlie is not medical care

Happy Charlie is a record-keeping and general wellness product. It stores what you type in, adds it up, and shows it back to you.

It does not diagnose, treat, prevent or monitor any condition.
It is intended for record keeping and general wellness, not diagnosis or treatment, and is not a substitute for a pediatrician, midwife, lactation consultant, nurse or any other clinician. A disclaimer does not determine regulatory classification; any change in intended use or functionality requires the applicable regulatory review.
Its totals, averages, intervals and trends are arithmetic on what caregivers entered. They are not clinical measurements and they are not advice.
Nothing in the Service tells you whether a number is normal, healthy, safe or dangerous.

Do not rely on Happy Charlie for an emergency or to decide whether to seek care. If you have a health concern, contact a qualified health professional; if you believe there is an emergency, contact local emergency services. Do not delay care because of something you saw, or did not see, in Happy Charlie.

Any general educational material we show identifies its source. It is background reading, not instructions for your baby.

Milestones. Milestones and sourced age information are general information, not medical advice. Every baby develops at their own pace. Source-described ages are not deadlines or a test; any age description must reflect the identified source rather than an unsupported general claim about published studies. A milestone not recorded in Happy Charlie may not have happened yet, may have been skipped, or may not have been logged. A measured milestone, such as a longest sleep, is arithmetic on what caregivers entered. Happy Charlie does not assess development. Talk to your pediatrician about any question or concern about development.

Happy Charlie is built around a family: a private shared workspace that holds a baby's records and the caregivers who may see them.

The person who creates the family becomes its first administrator. Administrators can invite and remove caregivers, change roles, add and remove children, export the family's data, and delete the family. Every family keeps at least one administrator.
Caregivers can record, correct and read the family's care records.
Everything you record is visible to every current member of that family, along with your name and the fact that you recorded it. Care records are shared by design — that is the point of the product — so do not enter anything there that you would not want the other caregivers to read.
Invitations are single-use links that expire. Accepting one is an explicit act.
An administrator can remove a member at any time. Server access ends on the next request. A disconnected device receives revocation only when it reconnects. Removal cannot recover information already seen, exported or photographed.
Leaving a family ends your access and leaves the shared records with the family. Deleting a family or a child removes those records for everyone and can only be done by an administrator through the product. Current confirmation screens identify the operation before confirmation; statutory rights are assessed separately.

If several people share responsibility for one baby, determine who should have product access. We enforce the product roles; they do not decide legal guardianship or eliminate a subject's statutory privacy rights. Disputed authority is assessed through the privacy-rights process before disclosure or deletion requiring that authority.

6. Your records

Your records stay yours. We do not claim ownership of anything you put into Happy Charlie.

You give us permission to store, copy, transmit and display your records to run the Service for you and the other members of your family, including backups, synchronisation between devices, and the features you ask for. Subject to applicable law and the conditions described in the Privacy Notice, we may also use care records to train and evaluate AI models to improve Happy Charlie. We obtain consent before training where applicable law requires it; accepting these Terms does not replace any required separate consent. These permissions last as long as we lawfully hold and use the records and end when they are deleted, subject to applicable rights and withdrawal requirements.

We do not currently sell your family's data. We do not currently use it for advertising or share it with advertising networks, attribution services or data brokers. The Privacy Notice describes recipients and purposes, including the conditions for planned AI training. Any change remains subject to applicable law and existing obligations.

Only enter what you have the right to enter. If you record information about a baby or another caregiver, you represent that you have authority and any permissions required for the particular collection and sharing. Permission to edit a family record does not automatically authorise independent third-party processing. Happy Charlie remains responsible for its own legal duties; this representation does not replace any consent or verification it must obtain.

7. Our Service and software

Happy Charlie and its software, design, branding and documentation are owned by us or our licensors and are protected by law. While you comply with these Terms, we give you a limited, personal, non-exclusive, non-transferable, revocable license to use the Service for your household's non-commercial baby-care record keeping. This license does not transfer ownership of the Service or your records.

If you voluntarily send us a product suggestion, you allow us to consider and use the product idea without payment. This does not permit unrestricted use of personal or health information in the suggestion; that information remains subject to our Privacy Notice and applicable law.

8. Using the Service properly

Do not:

sign in as someone else, or try to reach a family you are not a member of;
probe, scan or test the security of the Service without our prior written authorization or outside a vulnerability-disclosure program we publish, or interfere with how it runs for other people;
copy, scrape or bulk-download other families' data;
use the Service to store or send anything unlawful, or to harass anyone;
resell, commercially exploit, or copy the Service;
take apart, decompile or reverse-engineer our software, except where the law says you may;
use automated systems to create accounts or generate entries at a scale a household would not.

We welcome good-faith security reports at support@happy-charlie.com.

9. The Service, and changes to it

This version of Happy Charlie is free. There is no subscription, no advertising and no purchase in it. Any future paid offering is subject to the pricing and terms presented for it and the authorisation, notices and consent required by applicable law.

We may change, suspend or withdraw features, subject to notices and other requirements imposed by applicable law and existing obligations. Section 10 describes the current export controls; availability of every feature or export in every circumstance is not guaranteed.

We do not promise the Service will be available without interruption. Maintenance, outages and problems at our providers all happen.

10. Export, deletion, and ending your account

Export. A family administrator can export the family's data in a machine-readable format, and any member can save a readable summary from Insights as a PDF. Once a file is on your device, it is outside Happy Charlie and it is up to you to look after it.
Delete your account. You can delete your account from inside the app and from our website, without asking us. We explain what happens to shared family records before you confirm.
What deletion does. Production and backup deletion follow applicable legal requirements and permitted exceptions. Deleting an account through the product does not by itself delete shared care records that remain available to the family; a family administrator can delete the child or family in the product. A privacy-law request may require a different result, which we assess under applicable law after verifying the requester and their authority. The Privacy Notice explains retention criteria. Internal operating targets are not additional contractual or statutory deadlines.
Suspension. We may suspend or close an account that breaks these Terms, that is held by someone ineligible, or where action is needed to protect someone or the Service. Notice, reasons and an opportunity to respond are provided where required by applicable law.

Account closure does not automatically delete shared records or their former-member display-name attribution. A statutory access/deletion/withdrawal request is assessed under applicable law independently of product administrator and succession rules, with verification, explanations and retained categories handled as that law requires. Contact support@happy-charlie.com for that route, including verified representation of a child.

11. Signing in with Google or Apple

You may be able to sign in with Google instead of an email code (Apple sign-in, where offered, works the same way). When you do, we request the account identifier, your verified email information and your name. We keep only your first name and last initial as the name your family sees, and you can change it; we do not request your contacts, and your provider password never reaches us. Your use of those services is governed by their own terms. If the provider and our identity service verify an email address that matches an existing account, the identity service may link that sign-in to the existing account under the safeguards described in our Privacy Notice.

11a. Speaking an entry through Apple or Google

If your phone cannot turn speech into text by itself in your language, the app can offer Apple's speech recognition on iPhone or the device's actual speech service on Android. Off-device speech is off unless you enable it through its disclosure. While it is listening for the entry, the provider receives audio/words, which may contain health information, under its own terms. Its retention and improvement practices are separate from Happy Charlie's no-recording policy. Turn it off in Settings → Privacy; typing and buttons remain available.

Typed and in-app spoken entries are presented through the ordinary confirmation flow. Starting/stopping a timer, including a structured Siri timer action, can take effect immediately through its applicable action and correction flow; it is not always an unsaved entry preview. Saved entries can be corrected, and some actions can be undone; a stopped timer is corrected rather than undone. Medication entry remains manual under the product's medical boundary.

11b. Siri and lock-screen feed status

On iPhone, Siri can open in-app voice entry or, when Happy Charlie's Siri setting is enabled, start/stop the supported timers. Siri handles the spoken request; Happy Charlie can supply baby first names/app identifiers and saved reply details/entry identifiers. Identifying choices/replies depend on iOS protected-data availability, which can include a phone without a passcode. Withdraw the app's timer/name permission in Settings → Privacy → Siri. This does not disable Siri itself or erase Apple's history. The Privacy Notice describes platform practices; this clause does not override legal consent requirements or vendor restrictions.

Optional lock-screen feed status displays the selected baby's name/feed information to anyone holding the phone. Its display level and Off control are in Settings → Lock screen on that phone. Provider wake-up messages carry no care fields; providers process delivery/technical information separately. Updates and reminders can be delayed; they are not a guaranteed or medical monitoring service.

12. What we promise, and what we do not

The Service is provided as is and as available. To the fullest extent the law allows, we disclaim implied warranties of merchantability, fitness for a particular purpose and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or that records will never be lost — which is why export exists.

Some states do not allow certain disclaimers, so parts of this section may not apply to you. You may have rights under your state's consumer law that these Terms cannot reduce, and nothing here tries to.

13. Limits on liability

To the fullest extent the law allows:

We are not liable for indirect, incidental, special, consequential or punitive damages, or for lost data, lost profits or lost goodwill.
Our total liability arising out of the Service is limited to $100 for all users who use the Service free of charge.
Nothing in these Terms excludes or limits liability to the extent applicable law prohibits that exclusion or limitation, including for fraud, gross negligence, wilful misconduct or personal injury where that law protects such claims.

To the extent applicable law permits, Happy Charlie is not responsible for decisions made in place of advice from a qualified health professional; the medical boundary is described in Section 4.

14. Your responsibility to us

To the extent applicable law permits, you agree to reimburse us for reasonable losses and third-party claims caused by your intentional unlawful use of the Service, your material breach of these Terms, or your knowing grant of access to someone who was not authorized. Handling of such claims, including notice, defense participation and settlement consent, is subject to applicable legal requirements. This section does not require you to reimburse us for our own negligence, misconduct, or violation of law.

15. Disputes and governing law

These Terms are governed by the laws of Pennsylvania, subject to mandatory protections that apply where you live. Subject to any nonwaivable right to another forum, you and we agree to the state and federal courts in Bucks County, Pennsylvania and consent to those courts. This clause cannot remove a mandatory consumer or privacy right.

You may write to support@happy-charlie.com so we can try to resolve a problem. Contacting us or allowing time for a response is not a condition of exercising statutory rights, making a regulator complaint, seeking emergency relief or filing within a legal deadline. It does not toll or extend any deadline.

16. Changing these Terms

When we change these Terms we publish the revised version with a version number and effective date. We provide notice and obtain agreement or separate processing consent where and when required by applicable law. Where that law permits, continued use after a revision becomes effective can indicate acceptance. A posted revision does not by itself authorise a materially different use of previously collected information, replace required separate consent or eliminate earlier obligations.

We keep a record of which version each account accepted, so we can tell what you actually agreed to.

17. The rest

Whole agreement. These Terms describe the agreement about using the Service. Our notices describe information practices; nothing here negates their disclosures, obligations imposed by law, or remedies for an inaccurate or misleading statement.
If part fails. If any part of these Terms is unenforceable, the rest stays in force.
No waiver. If we do not enforce something straight away, we have not given up the right to enforce it later.
Transfer. You may not transfer your rights under these Terms. We may transfer ours to a successor in a merger, acquisition or sale of assets, subject to applicable legal requirements and existing obligations concerning the information. We provide notice and obtain consent where required by applicable law.

18. Contact

TMIC, Inc. 70 Hemlock Dr., Holland PA 18966

General and support: support@happy-charlie.com
Privacy requests and appeals: support@happy-charlie.com
Security reports: support@happy-charlie.com

Publication blockers — remove before publishing

These are the decisions this draft does not make for you.

Arbitration and class-action waiver. This draft deliberately contains neither. Both Nara and Huckleberry rely on ordinary courts with a choice-of-law and forum clause, which is what Section 15 does. Adding a consumer arbitration clause is a real decision with real trade-offs (enforceability requirements, mass-arbitration exposure, and how it reads to a parent at 3 a.m.) and should be made with counsel, not by default.
Liability cap. A free service usually caps at a nominal figure. Pick one with counsel; do not leave the placeholder.
Governing state and venue. Choose with counsel after identifying the entity and evaluating mandatory home-state rights; the saving language does not by itself establish fifty-state enforceability.
Eligibility clause (Section 3). Counsel should confirm three things: that deferring to the local age of majority is workable; that the emancipated-minor limb is safe given state minor-privacy laws that define minors by age alone (Regulatory §3.5); and that the permitted-helper limb holds under COPPA where a helper could be under 13. The product position that supports it is that a helper gets no account, no profile and no separate attribution, and that nothing in the product is built, worded or marketed for a child.
Medical disclaimer (Section 4). Regulatory §3.6 requires this to match the product's actual intended use. If a future feature interprets a record — flags a value, predicts a need, or suggests a change in feeding — this section is no longer sufficient and the feature needs a regulatory review first. 5a. Milestones statement (Section 4, "Milestones"). Counsel approves this paragraph and the in-app milestones notice it matches (MILESTONES_STATEMENT in src/packages/domain/src/milestones/catalog.ts; Milestones MILE-13), which carry the same substance. The statement complements the product's limits on milestone content (no assessment of development, no prompt to see a clinician because of a record); it does not make any assessment or treatment suggestion acceptable (Regulatory §3.6). It replaces the Goals statement, retired with Goals (owner decision, October 6, 2026).
Entity details. No legal entity, address or contact mailbox exists in the repository yet. Every placeholder above needs a real value, and contacts need to be monitored so applicable legal requests and notices can be handled.
Electronic assent and separate consent. Confirm the account-creation/provider presentations, accepted version and any required re-acceptance. Notice acknowledgment and Terms assent are not substitutes for legally required sensitive-data, parental or sharing consent. The application version constant matches this document; earlier assent and consent records are not relabelled.
Consumer-health deletion rights. Confirm that the shared-family workflow and administrator controls do not improperly narrow a consumer's non-waivable rights over consumer health data concerning that consumer or a child for whom the requester has authority.
Siri/platform approval and copy. Resolve Apple's health-information restriction and the PR-6/§6 conflict before external use. Reconcile in-app consent, spoken confirmation and protected-data behavior with §§11a–11b; changed prose does not approve a prohibited use.
Minimum legal commitments and AI training. Review the commitment audit and NF-09/NR-08–09 before activation. Confirm law coverage, enforceable amendment/assent procedures, historical commitments and any necessary consent. Internal policies, product eligibility and vendor restrictions remain separate; promotion changes the legal source and version constants, not earlier accepted versions or data-processing functionality.