Terms of Service

1. Agreement and eligibility

These Terms of Service ("Terms") are an agreement between you and Clear Blue Design LLC, doing business as Ever Better ("Ever Better," "we," "us," or "our"). They govern the Ever Better mobile application, everbetteractions.com, and related services (together, the "Service"). By creating an account, using the Service, or enrolling in the Referral Program, you agree to these Terms and acknowledge our Privacy Policy.

You must be at least 13. If you are under the age of legal majority where you live, your parent or legal guardian must review and authorize your use. The Referral Program is limited to people who are at least 18 and eligible under Section 6. Do not use the Service if applicable law prohibits you from doing so.

If you use the Service for an organization or another person, you confirm that you have authority to bind them, and “you” includes them where appropriate.

Your account

Provide accurate information, keep your sign-in credentials secure, and promptly tell us at hello@everbetteractions.com if you suspect unauthorized access. You are responsible for activity under your account to the extent permitted by law. You may not transfer, sell, or rent your account.

2. The Service

Ever Better helps you create actions, schedule reminders, record completion, view progress metrics, connect with a Support Group, and use other released features we make available. Features may differ by device, subscription, location, or release stage.

Personal wellness—not professional advice

The Service is for general informational, productivity, and wellness purposes. It does not provide medical, mental-health, legal, financial, or other professional advice; diagnose or treat a condition; create a clinician-patient relationship; or guarantee any outcome. Use your judgment and consult an appropriate professional before beginning or changing activity that could affect your health or safety. If you believe you have an emergency, contact local emergency services.

Limited license

Subject to these Terms, we grant you a personal, limited, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use the app and access the website for their intended purposes. You may not copy, modify, distribute, sell, lease, reverse engineer, or attempt to extract source code from the Service except where applicable law expressly permits it.

Ever Better materials

We and our licensors own the Service, including its software, visual design, logos, text, graphics, and other materials, excluding your content. These Terms do not transfer any ownership rights to you. If you send feedback or ideas, you allow us to use them without restriction or compensation, but we are not required to use them.

3. Your content and Support Group sharing

“Your content” includes action names and settings, completion information, profile images, cheers, messages, and other material you submit through the Service. You retain ownership of your content.

You give Ever Better a worldwide, non-exclusive, royalty-free license to host, store, reproduce, format, transmit, display, and otherwise process your content only as reasonably needed to operate, secure, maintain, and provide the Service, including sharing it with people you select. This license also allows our service providers to process your content for those purposes. It ends when your content is deleted from our systems, except for temporary backups, records we must keep by law, and copies already received by another user.

You confirm that you have the rights needed to submit your content and that doing so will not violate law or another person's rights. Do not upload confidential information belonging to someone else without permission.

How Support Group sharing works

When you and another person connect through a Support Group, each person can see the other's profile identity and daily score. Specific action names, quantities, goals, units, schedules, progress, and category scores are available to that person only when the applicable sharing control makes them visible. Cheers can include your name, profile image, emoji, and a short message.

You can disconnect from a Support Group and change action-sharing choices in the app. Those changes stop future access through the Service but cannot erase information another person already saved, photographed, or disclosed. Only connect with people you trust. Notifications may display Support Group information on a device lock screen according to the recipient's device settings.

To report harassment, impersonation, objectionable content, or misuse, disconnect from the user when possible and email hello@everbetteractions.com with the subject “Safety Report.” We may review, restrict, or remove content or accounts that violate these Terms, while recognizing that we are not obligated to monitor every interaction.

4. Acceptable use

You may not use the Service to:

• violate law, another person's rights, or these Terms;
• harass, threaten, exploit, impersonate, or deceive another person;
• share unlawful, hateful, sexually exploitative, dangerous, infringing, or privacy-invasive content;
• send spam, bulk invitations, chain messages, or unwanted commercial communications;
• upload malware or interfere with the Service's security, operation, accounts, networks, or data;
• scrape, crawl, probe, benchmark, or access the Service through unauthorized automation;
• circumvent access, subscription, referral, or usage controls;
• use another person's account or collect information about users without authorization; or
• use the Service to develop a competing product except with our written permission.

We may investigate suspected violations and cooperate with lawful requests. Enforcement decisions will consider the circumstances and applicable law.

5. Subscriptions, trials, billing, and refunds

Some features require a paid subscription. Before purchase, the app shows the subscription name, duration, localized price, included benefits, and any trial or introductory offer. Your purchase is processed by the Apple App Store or Google Play, not directly by Ever Better. The store may provide us with transaction identifiers, receipts or purchase tokens, subscription status, product, price, currency, and related verification information; it does not provide us with your full payment-card details.

• Automatic renewal: unless canceled, a subscription renews for the period and at the price displayed by the store. The store may charge your payment method shortly before the renewal date as its rules allow.
• Trials and offers: unless canceled before the deadline shown by the store, a trial or introductory offer converts to a paid subscription at the displayed price. Eligibility is determined by the store and offer terms.
• Cancellation: manage or cancel through your Apple subscriptions or Google Play subscriptions. Cancellation normally takes effect after the current paid period. Uninstalling Ever Better or deleting your Ever Better account does not cancel the subscription.
• Refunds: refund requests and decisions are handled by Apple or Google under their rules and applicable law. Nothing here limits a refund or cancellation right that cannot lawfully be limited.
• Price changes: future prices may change. We or the applicable store will provide notice or request consent when its rules or the law require it. A price change does not retroactively change a period already paid for.

If a purchase cannot be verified, is refunded or charged back, or is no longer active, related paid access may be delayed, limited, or ended. Contact us if the entitlement shown in Ever Better differs from your store receipt.

6. Referral Program

The Referral Program allows approved participants to share a referral link or code and earn amounts for qualifying subscribers. The current rate, referred-user benefit, qualifying status, and available payout methods are shown in the app. Program details shown when you enroll or use the program are part of these Terms.

Eligibility and enrollment

You must be at least 18, reside in the United States, provide accurate enrollment and payout information, and remain in good standing. Enrollment is personal and does not guarantee acceptance or continued participation. We may request information reasonably needed to verify eligibility, issue payment, prevent fraud, or satisfy tax-reporting obligations.

Qualifying referrals

A referral qualifies only when it is properly attributed to your link or code and represents a genuine, eligible customer with a qualifying paid subscription in good standing. Unless the in-app program rules expressly say otherwise, trials, duplicate accounts, self-referrals, test transactions, canceled or refunded purchases, chargebacks, fraudulent activity, and transactions that cannot be verified do not qualify. Attribution technology is not perfect; our good-faith records control absent a clear error.

Promotion rules

Whenever you promote Ever Better, clearly and conspicuously disclose that you may earn money or another benefit from qualifying referrals. Your statements must be truthful, based on your real experience, and consistent with current Ever Better materials. You may not:

• make medical, earnings, performance, or other claims we have not authorized;
• send spam or automated messages, buy or scrape contact lists, or ignore platform rules;
• mislead people about price, trials, renewal, cancellation, your relationship with us, or the benefit they receive;
• impersonate Ever Better or register domains, accounts, ads, or search keywords that misleadingly appear official;
• use cookie stuffing, forced redirects, fabricated traffic, fake accounts, or other manipulation; or
• offer unauthorized rebates, split commissions, or use your own code for your own subscription.

Earnings, payouts, and taxes

Earnings shown in the app may be pending until the related subscription and attribution are verified. We may correct errors and reverse amounts tied to refunds, chargebacks, cancellations, fraud, or rule violations. You are responsible for accurate payout details, any provider fees, and all taxes on your earnings. We may withhold payment until required tax or payee-verification information is provided.

We may change program rates or rules prospectively, pause enrollment, or end the program. We will provide reasonable notice of material changes when practical. If your participation ends, valid earned amounts will be handled under the rules in effect when earned, subject to adjustments permitted above and applicable law.

You participate as an independent contractor, not as an employee, agent, partner, franchisee, or legal representative of Ever Better. You cannot make commitments on our behalf.

7. Service changes, suspension, and termination

We may add, change, suspend, or discontinue features to improve the Service, respond to security or legal needs, or reflect business changes. We will provide notice when a change materially reduces a paid feature and notice is reasonably possible. We do not promise that every feature will always be available.

You may stop using the Service at any time and may delete your account as explained under Account and data deletion in our Privacy Policy. Remember to cancel any store subscription separately.

We may restrict or terminate access if you materially or repeatedly violate these Terms; create risk or legal exposure; fail to pay through the applicable store; or if needed to protect the Service or others. When appropriate, we will give notice and an opportunity to fix the issue. We may act immediately for fraud, security threats, illegal conduct, or serious harm.

When these Terms end, your license ends. Provisions that by their nature should continue—including ownership, payment obligations, disclaimers, liability limits, disputes, and accrued rights—survive.

Changes to these Terms

We may update these Terms. We will post the revised Terms with a new effective date and provide additional notice of material changes through the Service or by email when reasonably appropriate. Changes apply prospectively. If you do not agree, stop using the Service and cancel any subscription; continued use after the effective date means you accept the revised Terms.

8. Third parties, disclaimers, and allocation of risk

Third-party services and app stores

The Service can interact with Apple, Google, Facebook, Branch, payout providers, and other third-party services. Their terms and policies govern their services, and we are not responsible for third-party products or conduct. On Apple devices, Apple's Standard Licensed Application End User License Agreement also applies unless Apple displays a different licensed-application agreement for Ever Better.

Service disclaimer

To the fullest extent permitted by law, the Service is provided “as is” and “as available.” Ever Better and its providers disclaim implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, completely secure, or suitable for every purpose, or that using it will produce a particular personal, financial, or wellness result. This disclaimer does not limit warranties or consumer rights that cannot be excluded.

Limitation of liability

To the fullest extent permitted by law, Ever Better and its owners, affiliates, officers, employees, agents, licensors, and service providers will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenues, goodwill, data, or opportunities, arising from the Service or these Terms.

To the fullest extent permitted by law, our total liability for all claims arising from the Service or these Terms will not exceed the greater of US $100 or the amount you paid for the Service during the twelve months before the event giving rise to the claim. These limits do not apply to liability that law does not allow us to limit, including where applicable liability for fraud, willful misconduct, or death or personal injury caused by negligence.

Indemnity for unlawful or business use

To the extent permitted by law, if you use the Service on behalf of a business or your unlawful conduct, infringement, fraud, or willful violation of these Terms causes a third-party claim against Ever Better, you will defend and indemnify us against reasonable losses, liabilities, and expenses arising from that claim. This does not apply to the extent a claim results from our own conduct or where consumer law prohibits the obligation.

9. Disputes and general terms

Resolve concerns informally first

Before filing a claim, please email hello@everbetteractions.com with the subject “Legal Concern,” describe the issue, and tell us the resolution you seek. We will try in good faith to resolve it within 30 days. Either party may still seek urgent injunctive relief or use small-claims court where eligible.

Governing law and courts

Louisiana law governs these Terms without regard to conflict-of-law rules. Except for eligible small-claims matters, proceedings must be brought in the state or federal courts located in East Baton Rouge Parish, Louisiana, and each party consents to those courts. If you are a consumer, this section does not take away mandatory protections or a forum right that the law where you live does not allow you to waive.

General

These Terms, the Privacy Policy, and any additional terms shown for a specific offer or feature are the entire agreement about the Service. If terms conflict, the more specific terms control for that subject. If a provision is unenforceable, it will be limited to the minimum extent necessary and the rest will remain effective. A waiver must be in writing and is not a continuing waiver. You may not assign these Terms without our consent; we may assign them as part of a merger, reorganization, sale, or by operation of law. We are not liable for delay caused by events beyond our reasonable control. Section headings are for convenience only.

10. Contact us