Welcome to Happly's Terms of Service. The Terms of Service is a contract between you and Happly LLC. Happly LLC is be defined as "Happly LLC", "Happly", "Us", "We", the "Company", or the "App". You may be referred to as "You", "User", or "Users". Both you and Happly LLC may be referred to as "Parties" or separately as "Party".
Notice to California Subscribers: You may cancel your subscription, without penalty or obligation, at any time prior to midnight of the third business day following the date you subscribed. If you subscribed using your Apple ID, refunds are handled by Apple, not Happly. If you wish to request a refund, please visit https://getsupport.apple.com. If you subscribed using your Google Play Store account or through Happly, please contact customer support.
By creating a Happly account or by using any Happly service, whether through a mobile device, mobile application, tablet device, computer or any other electronic device or distribution method, you agree to be bound by these Terms of Service, our Privacy Policy and Cookie Policy.
In order to create an account with Happly, you must be:
1. at least 18 years of age or the age of majority to enter into a contract under the laws of your country (or countries) of citizenship, birth, residence and physical presence; and
2. legally permitted to use the App by the laws of your country (or countries) of citizenship, birth, residence and physical presence; and
3. legally able to form a binding contract with the Company.
Additionally, you must represent the following:
1. You are not a person who is barred from using the App under the laws of the United States of America or any other applicable jurisdiction.
2. You have not committed, been convicted of, or have pled no contest to a felony, a sex crime, or any crime involving violence or the threat of violence.
3. You will comply by any and all applicable local, state, national and international laws, rules and regulations.
4. You will not at any point have more than one account on the App.
5. You have never been removed from the App by the Company.
6. You will use the latest version of the App.
7. You will comply with these Terms of Service and any additional changes made to them.
If at any point in time you cease to meet any or all of these requirements, all authorization to access the App or any other service or product provided by the Company is automatically revoked, and you are obligated to immediately delete your account. We reserve the right at our sole discretion to terminate or suspend any account, restrict access to the App, or make use of any other means available, at any time without liability and without the need to give prior notice to enforce these Terms of Service or maintain certain standards of conduct, which may be determined at our sole discretion or that of our affiliates. If your account has been terminated or suspended, you agree that you will not receive a refund for any services or features that have already been charged.
You can create an account and log in by using your telephone number, Apple ID or Facebook account. If you opt to create or connect an account with your Facebook account, you authorize us to access, display and use certain information from your Facebook account. For more information about the information we collect and how we use it, please view our Privacy Policy.
You are responsible for maintaining the confidentiality of your login credentials. If you believe someone has gained access to your account, please contact us.
You agree to:
1. Treat other users in a respectful manner, both on and off the App.
2. Treat our representatives and employees in a respectful manner.
3. Comply with all applicable laws and regulations.
4. Perform due diligence before taking any action and act in a manner that is in the best interest of your own well-being and the well-being of the Happly community.
You agree that you will not:
1. Use the App or any content contained in the App for any commercial purposes, without written permission from the Company.
2. Express or imply that any statements you make are endorsed by the Company.
3. Copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, images, trademarks, trade names, service marks, or other intellectual property, content or proprietary information accessible through the Company's products and services without written permission from the Company.
4. Develop, support or use software, devices, scripts, robots or any other means or processes (including browser plugins) to exfiltrate information from or interact with the App.
5. Use the App for any reason that is illegal or prohibited by this agreement or to encourage illegal or prohibited activities.
6. Use the App for any reason that is nefarious or damaging the the reputation of the Company.
7. Engage in spamming activities, solicit money or items of value, or defraud the Company or any users of the App.
8. Impersonate any individual or entity, or act on their behalf without their explicit consent.
9. Stalk, bully, intimidate, harass, defame or mistreat any user of the App.
10. Post or share content that violates anyones rights (including intellectual property rights).
11. Post or share content that is sexually explicit, pornographic or contains nudity.
12. Post or share content that contains violence or attempts to incite violence.
13. Post or share content that negatively targets a certain individual, group or demographic.
14. Post of share content that includes sensitive personal information.
15. Misrepresent your identity, age, current or previous positions, qualifications or affiliations.
16. Disclose information that you do not have the explicit consent to disclose.
17. Engage in any activity that is harmful to minors.
The Company reserves the right to investigate and/or terminate your account without a refund of any purchases if you have violated this agreement, misused the App or behaved in a way that the Company regards as inappropriate or unlawful, including actions or communications that occur on or off the App. Although the Company reserves the right to review and remove content that violates this agreement, such content is the sole responsibility of the member who posts it, and the Company cannot guarantee that all content will comply with this agreement and bears no liability for anything incurred by its existence. If you see content on the App that violates this agreement, please report it within the App or through our contact form.
Happly LLC is not responsible for the conduct of any member on or off of the App. You agree to use caution in all interactions with other members, particularly if you decide to communicate off the App or meet in person. In addition, you agree to review the Company's Safety Tips website page prior to using the App. You understand that information on the Safety Tips page cannot guarantee your safety and is simply intended to be helpful information (not advice or guidance), the decision to incorporate any of the Safety Tips into your practices must be solely at your own discretion. The Company is in no way responsible for any negative outcomes that occur from the information provided. You are responsible for your own safety plan. You agree that you will not provide your financial information or wire or otherwise send money to other members through the App.
YOU UNDERSTAND THAT HAPPLY LLC DOES NOT CURRENTLY CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS USERS AND THAT YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBERS. HAPPLY LLC DOES NOT INQUIRE INTO THE BACKGROUNDS OF ITS USERS OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS USERS. HAPPLY LLC MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF ANY USERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS. HAPPLY LLC RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS AT ANY TIME AND TO USE AVAILABLE PUBLIC RECORDS FOR ANY PURPOSE.
You agree to, and hereby do, release Happly LLC and its successors from any claims, demands, losses, damages, rights, and actions of any kind, including personal injuries, death and property damage, that either directly or indirectly arises from your interactions with or conduct of other users of the App. If you are a California resident, you hereby waive California Civil Code Section 1542, which states, “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” The foregoing release does not apply to any claims, demands, or any losses, damages, rights and actions of any kind, including personal injuries, death or property damage for any unconscionable commercial practice by Happly LLC or for such party’s fraud, deception, false, promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the App.
For information about how the Company collects, uses, and shares your personal data, please review our Privacy Policy. By using the App, you acknowledge that we may use such data in compliance with our Privacy Policy.
Generally. The Company may offer products and/or services for purchase on the app. These in-app purchases can be made through the Apple App Store, the Google Play Store, mobile billing and direct billing. By making a purchase you acknowledge and agree that additional terms may apply, disclosed to you at the point of purchase.
Auto-Renewal & Cancellations. If you make an in-app purchase featuring an automatically-renewing subscription, your selected payment method will continue to be billed periodically for the subscription until you cancel. The subscription will continue to be billed at the price you agreed to when subscribing. If you wish to disable auto-renewals or terminate your subscription, you may log into your third-party account and follow the instructions to disable auto-renewal or cancel your subscription. Deleting the Happly application from your device or deleting your account does not cancel your subscription. If you terminate your subscription before the end of your current subscription period, you may continue to use your subscription until the end of that period.
Refunds. Generally, all purchases are final and non-refundable. There are no refunds or credits for partially used periods.
For subscribers residing in Arizona, California, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio, Rhode Island, and Wisconsin, the terms below apply:
You may cancel your subscription, without penalty or obligation, at any time prior to midnight of the third business day following the date you subscribed. In the event that you die before the end of your subscription period, your estate shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your death. In the event that you become disabled (such that you are unable to use Happly) before the end of your subscription period, you shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your disability by providing the company notice in the same manner as you request a refund as described below.
To request a refund:
If you subscribed to the App using your Apple ID, you may request a refund by visiting the App Store, clicking on your Apple ID, selecting "Purchase History", finding the transaction and clicking "Report Problem". You can also submit a refund request at https://getsupport.apple.com.
If you subscribed to the App using your Google Play Store account, please contact our customer support team with your order number for the Google Play Store. You may also physically mail or deliver a signed and dated notice which states you, the buyer, are cancelling this agreement, or words of similar effect. Please also include an email address or phone number associated with your account along with your order number. This notice shall be sent to: Happly LLC, Attn: Cancellations, 5900 Balcones Dr, Suite 100, Austin, TX 78731 (in addition, California and Ohio members may send a facsimile to support[at]happlyapp[dot]com).
Pricing & Promotions. Happly LLC's pricing varies based on a number of variables and is subject to adjustment at any time. Active subscriptions and subscriptions on auto-renew will not be affected by such adjustments. Promotional pricing may be offered from time to time based on regions, subscription commitments and more.
Sales Tax. Sales taxes may be collected when appropriate as determined by the Company, its distributors or its affiliates in compliance with local laws.
Happly LLC strives to constantly provide an upstanding an innovative service. As time passes, we may add new features and remove other features, without limitations. If these changes do not have a material affect on your obligations or rights, we may not provide notice before such changes are enacted. In the event that the App is suspended entirely, we will notify you in advance unless extenuating circumstances prevent us from doing so. You acknowledge and accept these possibilities by using the App.
If the Company believes that you are in violation of this agreement, your account may be terminated at any time without notice. Accounts that are terminated for violating the Terms of Service are not entitled to receive a refund for any purchases. By using certain features on the App, such as background verifications, the Company may determine that an individuals presence is not safe for our community and may take an action on the account, as permitted by local law. The Company reserves the right to suspend or terminate any account at their discretion to ensure a safe and respectful environment.
If you believe that your work can be found on the App in a way that constitutes copyright infringement, please submit a DMCA Takedown Notice here.
The takedown notice must include:
1. An electronic or physical signature of a person authorized to act on behalf of the relevant copyright owner, who's exclusive right is allegedly infringed.
2. Identification of all of the copyrighted works that are claimed to have been infringed.
3. A description of where the material claimed to be infringing is located on the App, reasonably sufficient for us to find such material.
4. Your contact information, including an address, telephone number, email address, and the copyright owners identity.
5. A written statement by you that you have good faith belief that the disputed use of the material is not authorized by the copyright owner, its agent, or the law.
6. A written statement by you that, under penalty of perjury, the information in the notification is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Repeat copyright infringers will be terminated from the App.
THE HAPPLY APP, WEBSITE, OUR CONTENT AND MEMBER CONTENT ARE ALL PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND GRANTS NO WARRANTIES OF ANY KIND, TO THE EXTENT PERMITTED BY APPLICABLE LAW. THE COMPANY GRANTS NO WARRANTIES, WHETHER EXPRESS, STATUTORY OR OTHERWISE RELATING TO THE COMPANY, INCLUDING BUT NOT LIMITED TO, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, ERROR FREE, THAT ALL DEFECTS AND ERRORS WILL BE FOUND OR CORRECTED, OR THAT ANY INFORMATION YOU OBTAIN WILL BE ACCURATE OR BENEFICIAL TO YOU. THE COMPANY MAKES NO GUARANTEE OF THE COMPATIBILITY OF ANY MATCHES. YOUR USE OF THE APP IS AT YOUR OWN RISK. THE COMPANY ASSUMES NO RESPONSIBILITY FOR ANY CONTENT SENT, RECEIVED OR POSTED BY YOU OR OTHER USERS THROUGH THE APP. ANY MATERIAL DOWNLOAD OR OBTAINED THROUGH THE APP IS ACCESSED AT YOUR OWN RISK. THE COMPANY DISCLAIMS AND ASSUMES NO LIABILITY FOR THE CONDUCT OF YOU AND OTHER USERS ON AND OFF THE PLATFORM.
IN NO EVENT SHALL US OR ANY OWNER SHALL BE HELD LIABLE FOR ANY DAMAGES, DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, PUNITIVE, FIXED OR ENHANCED, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, PROFITS, GOODWILL, LOSS OF PROPERTY, DAMAGE TO PROPERTY, OTHER INTANGIBLE LOSSES, EVEN IF THE COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU HEREBY WAIVE ANY AND ALL CLAIMS ARISING OUT OF YOUR USE OF THE COMPANY'S PRODUCTS AND SERVICES.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, THEREFORE THESE PROVISIONS MAY NOT APPLY TO YOU. IF ANY PORTION OF THIS LIMITATION ON LIABILITY IS FOUND INVALID OR UNENFORCEABLE, THEN OUR AGGREGATE LIABILITY SHALL NOT EXCEED THE AMOUNT PAID BY YOU, IF ANY, TO THE COMPANY DURING THE TWENTY-FOUR (24) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE YOU FIRST FILE A LEGAL PROCEEDING AGAINST THE COMPANY, WHETHER IN LAW, EQUITY OR ANY TRIBUNAL. THE DAMAGES LIMITATION SET FORTH APPLIES REGARDLESS OF CIRCUMSTANCES.
ADVERTISEMENTS, PROMOTIONS, LINKS AND INFORMATION FROM THIRD PARTIES MAY BE PROVIDED IN THE APP. HAPPLY LLC IS NOT RESPONSIBLE IN ANY WAY FOR HOW YOU CHOOSE TO INTERACT WITH WITH THESE THIRD PARTIES AND THE RESULTS FROM SUCH INTERACTION. UPON LEAVING OUR PLATFORM OR INTERACTING WITH THIRD PARTIES, YOU ARE UNDER THE GOVERNANCE OF THEIR TERMS. HAPPLY LLC IS NOT RESPONSIBLE FOR THEIR TERMS OR ACTIONS.
Under the extend permitted by law, you agree to indemnify, defend and hold harmless Happly LLC, our officers, directors, agents, employees, partners, licensors, contractors, representatives and those of our affiliates against any and all damages, complaints, actions, proceedings, demands, losses, liabilities, costs, claims, expenses (including legal fees) due to or relating in any way to your access to or use of our products and services or your breach of this agreement.
Any disputes or claims relating to your use of the App or any other aspect relating to your relationship with Happly LLC will be resolved by binding arbitration, instead of in court, unless you qualify to assert certain claims in small claims court and choose to pursue that route or if Happly LLC is seeking equitable relief for damages relating to intellectual property.
To begin the arbitration process, you must send a letter requesting arbitration and describing your claims to Happly LLC, Attn: Arbitration, 5900 Balcones Dr, Suite 100, Austin, TX 78731. Upon receiving your request, our team will provide information relating to the processes and fees associated with arbitration.
Both parties agree to waiving their right to a jury trial and accept that all claims and disputes will be arbitrated on an individual basis, not on a class or collectively. You agree to forfeit your right to file or participate in any type of class proceeding.
The terms of this arbitration agreement will continue, even if a relationship between the parties no longer exists. If certain parts of this arbitration agreement are found to be invalid or unenforceable under the law, those specific parts shall be severed and the remainder of the agreement shall remain in full force.
These Terms of Service are governed and interpreted by the laws of the State of Texas, U.S.A. Any and all claims relating to these terms and/or arising from your relationship with Happly LLC that are not submitted to arbitration, for whatever reason, as well as challenges to the enforceability or applicability of the arbitration provisions will be litigated in the federal or state courts of Travis County, Texas. You hereby acknowledge and agree that the federal and/or state courts of Travis County, Texas have personal jurisdiction and venue, therefore, waiving any objection based on inconvenient forum. Additionally, you agree that you will neither file nor participate in a class action against Happly LLC.
Any and all disputes will be subject to Texas law and the Federal Arbitration Act (except where legally prohibited).
As we continue to innovate and the landscape of our industry continues to change, we will need to update our Terms of Service from time to time. Happly LLC reserves the right to modify the terms of this agreement at any time. Changes to the Terms of Service will be reflected on this page and the last revised date found on the bottom of the page will be updated accordingly. We may or may not notify you of any changes. You acknowledge that it is your responsibility to check this page regularly for any updates to our Terms of Service.
Following any change to our Terms of Service, your continued use of Happly LLC's products and services constitutes acceptance of the changes, by which you are legally bound.
This agreement constitutes a legally binding contract between you as a user and Happly LLC. This agreement includes the Privacy Policy and the Cookie Policy. If any portion of this agreement is invalidated by law, the remaining portion shall hold full force and effect. Happly LLC's failure to enforce any part of this agreement does not constitute a waiver of those provisions. Your account with us is non-transferrable and your rights to it cease upon your death.
Last revised on July 5th, 2022.
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