Happyagility | Service Terms and Conditions

Terms and conditions applicable to the use of the Services

This policy was last updated on September 1, 2021.

The platform accessible through the www.happyagility.com and www.landing.happyagility.com domain name (the “Site”) is provided by HAPPYAGILITY (hereinafter referred to as “us”, “we” or the “Company”), a UK entity with a registered address at  HAPPY AGILITY (UK) LTD, 13 FINEFILED WALK, SLOUGH, BERKSHIRE, UNITED KINGDOM, SL12QR.

 

Company[India Business Address - For all communications] (referred to as either "the Company", "We", "Us" or "Our" in this Disclaimer) refers to HAPPY AGILITY (UK) LTD, 25/13/382 , NGO's Colony B V Nagar, Nellore- 4, India.

 

You may contact us by sending an email to support@happyagility.com.

1. General

These Service Terms and Conditions (“STC”) govern the use of the services offered by us, consisting of the creation of online forms — the subsequent collection, storage, and related information management, and any other services as may be offered by us from time to time (the “Services”). Terms of Use are included in this STC by reference.

In order to be able to use the Services, you will need to create an Account (as this term is further described in section 2.a below) and comply with other requirements set forth in these STC. Please note that the Account also enables you to use the functionalities aimed at interacting with the product accessible through the Site. Should you decide to use those functionalities, the Developer Terms and Conditions apply to you in addition to these STC.

2. Access to the Services; Account Creation

a) Eligible individuals

Services are offered to individuals and companies, either conducting business activities on their own or acting as consumers. For purposes of these STC, ‘consumer’ shall be interpreted as an individual or company using the Services for a purpose other than to conduct a business or commercial activity. If you are creating an account for your company, you understand and agree that said company will be understood to be the owner of the Account and, hence, any contents created using the Services, and any data collected through the Services will be understood to belong to your company unless otherwise agreed between you and your company.

The Services are only addressed to individuals being sixteen (16) years of age or older. By filling out the registration forms and requesting our Services, you warrant and represent that you have that legal age.

b) Account creation

In order to access the Services, you will need to register and create an account on the Site (the “Account”). To this end, you must provide true, current, complete, and accurate information, as requested during the registration process, that refers to you. You cannot sign up or otherwise create an account with us on behalf of a third party.

If you are an individual, you should create a personal and non-transferable Account, which will allow using the Services for your personal purposes only.

If you are a company, you should create a Business Account, which will allow you to use the Services under a company/group name. In that case, you warrant and represent that you can legally enter into these STC on behalf of your company. Note that account sharing is not permitted under these STC and, thus, you should obtain as many seats as needed for each individual using an Account within your organization.

If you create an Account, you will be able to opt for any of the plans described in the Pricing section. Among other functionalities, these plans enable you to manage shared workspaces with as many Accounts as you have selected in your plan, by sending an invitation to collaborate with other users owning an Account with us. The owner of the paid plan will have limited admin rights to control contents created and manages from the rest of the Accounts. It is your duty to make sure that the other users understand the impact of their privacy and content ownership when accepting to be part of your plan, and you shall indemnify, defend, and hold us harmless of any costs or damages directly or indirectly related to these matters.

Services definition may vary from time to time and further and more detailed information on the current features and functionalities of the Service is provided during the signup process.

Account ownership is based on the data provided when signing up and, to this end, it is important as mentioned above that all information you have submitted is true, accurate, current, and complete. You undertake to notify us of any changes to the information submitted upon sign-up or thereafter so as to keep any information we may have in our records current and accurate. Note that when you are providing your information and accepting these STC, you are entering into an agreement with us that describes which are the obligations we have with regard to each other. If you have problems accessing or logging in to the Services, please contact us at support@happyagility.com.

c) Provision of the Services

Once an Account has been successfully created, Services will be available and ready to use. Note, however, that certain features are only available to certain plans and are subject to prior payment of the corresponding fees, so access to and use of certain functionalities and Services under said Accounts is subject to said payment requirements.

This section does not preclude your rights as a consumer under section 7 below—if you are using the Services as a consumer, you are entitled to cancel and withdraw from these STC and the Services under the terms and conditions detailed in that section.

3. Use of your Account and Services, and Your Contents

a) Account security and credentials

Accounts are to be used by you, and it is strictly forbidden to share or allow others to use them. You must keep credentials for your Account secured at all times. It is strictly forbidden to share said sets of data with any third parties or to write them down for recovery purposes. Should you suspect that your Account or your credentials have been or are being used by a third party, or have been compromised, you must contact us immediately at support@happyagility.com. Otherwise, we may attribute all use of your Account to you, and you agree to be responsible for all activities that occur under your Account.

b) Use of your Account and Services

You must use your Account and the Services complying with the law, and public order. You shall not:

• Access the Site, Accounts, and/or the Services by any means other than through interfaces provided by us and as otherwise expressly authorized under these STC;

• Use the Services as a hosting service or hosting system only;

• Use the Services, or any responses or media within the Services to create web pages or for hosting or supporting online resources, or as a data repository;

• Avoid, bypass, remove, deactivate, impair, descramble or otherwise tamper with the security measures, usage rules, or other protection measures implemented by us, our service providers, or any third parties to protect the Site, the Accounts, or the Services, as well as the restricted features or functionalities available for given categories of Accounts other than the one you are holding, or to attempt to do any of those actions;

• Access, tamper with, or use non-public areas of the Service or the Site, the computer systems of the Company, or the technical delivery systems of our providers;

• Use any metatags or other hidden text or metadata in the Site or Services, as well as forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Service;

• Use, display, mirror, or frame the Site or Services, any individual element within the Site or Service, the layout and design of any portion of the Service or the Site, or the intellectual property rights and other proprietary rights of the Company;

• Attempt to access or search the Services or Site, scrap or download content from the Services or Site, or otherwise use, upload content to, or create new links, reposts, or referrals in the Services or Site through the use of any engine, software, tool, agent, device or mechanism (including automated scripts, spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by us or other generally available third party web browsers or search engines;

• Reverse engineer, decompile or disassemble software used in connection with happyagility forms, Site or Services;

• Interfere with, or attempt to interfere with, the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services or the Site;

• Reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purpose any portion of the Site or the Services, or your access to or use of the Site or Services;

• Impersonate or misrepresent your affiliation with any person or entity, as well as stalk or harass other users or third parties, or share or use offensive or pornographic materials;

• Activities such as vulnerability scanning, load testing, penetration tests, or bypassing our security measures in any intended way are strictly prohibited to be carried out on our platform without our previous written approval;

• Use the Services and, in particular, the functionalities aimed at ensuring the interaction of the Services and our product to monitor the availability, performance, or functionality of our Services or the Site, or for benchmarking or other competitive purposes;

• Collect credit card information (unless using the specific questions blocks provided by us), passwords, or similar login credentials;

• Send electronic communications that are not expressly requested or authorized by the recipients, or send mass and/or repetitive electronic communications (spam). In this sense, you must not use the Services to send any communications in a way not permitted by or compliant with any applicable laws or industry standards, or to any recipient who has opted out, unsubscribed, or otherwise objected to receiving such messages from you or another party on whose behalf you may be mandated; or/and

Otherwise, use the Account, Site, or Services in a manner contrary to the rights and legitimate interests of the Company or any other third party, or in any other manner that may tamper, disrupt, overload, or otherwise damage the Site or the Services. You may let us know about any abuse by contacting us at support@happyagility.com.

For the avoidance of doubt, you—or any third party authorized by you—may carry out any action that enables the Services to interoperate and communicate with a given software program, provided that any such integration has been developed by means of the public APIs and related products and services provided by us as part of our range of technical products for the developer and integrator users. You understand that we do not control the use of any information collected by third parties—regardless of whether the said collection of information took place in the past, is taking place in the present, or is intended to be carried out in the future—by means of said integrations and that further third parties’ terms and conditions may apply to your use of APIs. Therefore, you understand and agree that we shall not defend, indemnify, or hold you harmless for any and all costs or damages arising from those third-party actions and integrations.

c) Usage limits

You shall only use the Services in full compliance with the conditions set forth in these STC and according to the contracted plan limits as described in the Pricing section, which includes, among others, limitations to the number of features that can be used, questions blocks that can be added to a form, or the number of authorized responses and/or users.

Up to certain limits, you may opt to purchase add-ons to your plan at any time to increase, for instance, the number of available responses to your plan, or add other features. These add-ons can be purchased in the ‘Settings’ menu of your Account, and are valid upon activation and for a period of time equal to the subscription you have purchased (i.e. monthly / yearly).

In the event that the limits of the authorized response are reached, we will not be required to collect, store and/or process any response in excess of the applicable limits. You may opt to activate the ‘upgrade my plan’ feature as further described in section 5 of the Payment Terms and Conditions.

d) Beta Services

You may be offered to take part in early access programs to use so-called alpha or beta versions of the Services (“Beta Services”). Beta Services may not work in accordance with the documentation we may provide you with, or they may contain errors, defects, or bugs, as you acknowledge and agree. Beta Services are not covered under any service level commitments under these STC, and, as an exception to the provisions in sections 9, 10, and 11, we do not make any sort of representations and warranties, and disclaim any liabilities regarding Beta Services. Beta Services may be discontinued at any time, for no reason and without prior notice, and nothing in these STC shall be construed as requiring us to release Beta Services as part of our regular Services.

e) Materials available in the Services or the Site

The Site and the Services may include information, graphics, text, images, and other materials uploaded by other Account holders or third parties. Said materials are solely for your use in connection with the Site and Services, and their legality, accuracy, and completeness are the sole responsibility of the party that has uploaded them to or provided them as part of the Site or the Services. Use of the materials may be subject to specific terms and conditions or license terms, and you are responsible to obtain any required licenses or authorizations and complying with any licenses or terms and conditions applicable to them.

f) Services and third-party service providers

To ensure you are provided with high-quality Services, from time to time we may rely on third-party service providers. You understand that those providers act beyond our reasonable control and that we shall not be held liable for any damages caused by an action or omission attributable to them.

Also, you may decide to use third parties to process the information you may collect through the Services (e.g. by using webhooks). In all those cases, you acknowledge and agree that those third parties are beyond our reasonable control and that we will not be liable for any damages arising from the use of said information by them, or in the event that you decide to transfer information to those third parties by using non-secured means (e.g. non-https transfer protocols). We recommend that you carefully review any terms and conditions governing the use of those third parties’ services and any integration tools they may offer before you start using their services. Note that the use of said services may result in the transmission of any kind of information (either confidential or having a personal nature, among others) outside our platform, and third parties not related to the Company may subsequently be gaining access to, modifying, or even deleting said information.

g) Your contents

We do not claim ownership of the contents you may upload or otherwise use in connection with the Site or Services. However, to ensure we can provide you with the Services or access to the Site, you grant us a worldwide, royalty-free, transferable, sublicensable, non-exclusive license to use, reproduce, distribute, communicate, and publicly perform or display (including, among others, the rights to broadcast and transmit), transform and modify, and/or adapt your contents in connection with the operation of the Site and/or the Services. This license is limited to the extent necessary to provide you with the Services only, and we shall not use your contents for any other purposes. You represent and warrant that you have the rights necessary to grant the license hereunder and that your contents do not infringe the law or third-party rights or interests.

Please note that by submitting content (photos or videos) into the Service, said contents are made publicly available to third parties. Please evaluate whether you want to share said content under those conditions before submitting them as part of the Services.

h) Third parties’ intellectual property & other proprietary rights

Without prejudice to section 3.b above, you accept not to upload into the Services or the Site, or post, email, transmit, share, or otherwise use, in conjunction with, or related in any manner with the Services or the Site, content for which you do not have the prior authorization of their titleholders. We are not responsible for said content nor the actions you may take with respect to the content, and you shall not use third-party content unless you have first obtained the permission of its owner.

By way of example, you shall not use photographs, music, text, graphics, information, trademarks, trade names, or other content protected under intellectual property rights that are not yours, except when the corresponding owner has expressly given its approval. It is strictly forbidden to use the Services to circumvent the rights of any titleholder upon its intellectual property or other exclusive rights, such as, for instance, providing through the Services links to P2P platforms including infringing materials.

Notwithstanding section 11 below, we may delete at any time any content that breaches this section, without prior notice and accept no liability for any such deletion.

i) Review your contents

You acknowledge that, in order to ensure compliance with legal obligations, prevent phishing or fraud, or when unlawful content is reported to us, we may be required by third parties to review certain content submitted by you to determine whether it is illegal or whether it breaches these STC. We may at our sole discretion modify, prevent access to, delete, or refuse to display content that we believe violates the law or these STC. However, you acknowledge that we have no obligation to monitor or review any content submitted by you.

j) Obligations vis-à-vis Respondents

Your use of the Services may result in the collection and further processing and analysis by you of information belonging to third parties (the “Respondents”). Any contractual relationship existing with Respondents is entered into between you and them. You are fully responsible for meeting any applicable obligations when contacting Respondents and processing their data.

k) Collaboration with us

You undertake to comply with any instructions or recommendations given by us or by any individual acting on behalf of the Company in connection with the use of the Site, your Account, or the Services.

4. Fees and payments

Payment for the Services shall be subject to the Payment Terms and Conditions, which are included in these STC by reference.

5. Term

The Services shall be accessible from the moment the subscription process is finalized and shall be available to you unless you terminate your account through “My Account". Pain plans are subject to a particular term, as selected by you when signing up for said Services, and shall automatically renew (together with any add-ons you may have decided to purchase) on monthly or annual periods, depending on the term contracted, unless you, at any time, decide to cancel their renewal through “My Account” section. In any such cases, except if you decide to cancel your entire account, the subscription you have paid for will run for the entire contracted term, and your Account will be downgraded to a free plan.

As mentioned above, you may terminate your Account at any time, and we reserve the right to terminate your Account under the conditions set forth in section 6 below. These STC apply as long as you have an account through our Site, regardless of the type of Account you held at each moment.

This section shall not prevent the rights you have as a consumer in connection with the cancellation of, or withdrawal from, your Account. For further information please refer to section 7 below.

The content will be made available to you and at your disposal at the end of the Term, but if you terminate your Account, everything will be erased (including the content) as indicated in section 6.b below. For any personal data collected through the Service, please check the terms of the Data Processing Agreement to learn how data will be processed upon the termination of the Services.

6. Suspension and termination of the Account

a)Termination or suspension by the Company

We are entitled to suspend your Account in the event that you provide us with untrue, inaccurate, not current, or incomplete information when creating your Account, as well as when you fail to comply with these STC or other mandatory provisions by law. Upon the occurrence of any of these, we will contact you and request you to remedy your breach of these STC.

We are entitled to terminate your Account in the event you fail to redress any STC breach in the non-extendable term of ten (10) calendar days from the notification date. Additionally, your Account may be terminated in the event you substantially breach these STC, including without limitation any case in which the Account is used to commit fraud (e.g. to carry out phishing attacks) or willfully addressed to breach the law. Account termination may result in data loss.

Finally, we may terminate your Account should you oppose the appointment of any sub-processor, as further detailed in our Privacy Policy.

b) Termination by you

You may terminate your account at any time by using the account termination option. If you terminate your Account you may still be able to access the Site, but you will not have access to the Services, features, and content that are available to Account holders. Please note that this may result in data loss.

7. Cancellation of your subscription - withdrawal right

The Services are available upon completion of the signup process and creation of your Account (except for those functionalities subject to any of the subscription plans provided by us). By creating your Account and expressly requesting the Services, you waive your withdrawal right, if applicable.

8. Social media and third-party platforms

The Services may include functionality that allows you to access and post content to social media and third-party platforms regarding your activities while using our Services. If you choose to use this functionality, we may:

a) have access to certain information that you make available through the social media or third-party platforms at issue, provided that the data has been made available to us under the terms and conditions and privacy policies set forth by said third parties; or

b) post status messages, notes, photos, videos, and other materials to the applicable Social Media or third-party platform on your behalf.

Subject to all the applicable third parties’ terms and conditions and privacy policies, by connecting your account with your account on a social media or third-party platform, you grant us permission to access and use the information that you make available through the social media or third party platform at issue. To manage the information provided to us, please review the privacy settings applicable to your social media or third-party platform accounts.

We are not liable for social media or third-party platform contents, products, or services. We shall have no obligation to review their contents, services, or products. You shall review all terms of use, policies, and guidelines established from time to time in said social media or platforms, and you agree to be solely responsible and liable for any claims arising as a result of sharing or posting any content to or your activity in any social media or third party platforms.

9. Representations and warranties. Disclaimer of warranties and damages

In addition to any other representations and warranties included in these STC, we both warrant and represent that we have the full power and authority to enter into these STCs and that any approvals, consents, and permissions, if any, have been obtained. In addition, you further warrant and represent that you will (i) use the Services in accordance with the provisions of these STC as well as any reasonable instructions delivered by the Company—or by any of our authorized representatives— from time to time; (ii) any contents or data used in connection with the Services will be uploaded, processed or otherwise used and acquired having obtained any necessary approvals, authorizations or licenses, and complying with any applicable laws, rules, regulations, directives and governmental requirements in the field of privacy, intellectual property and/or image rights; and (iii) provide your reasonable cooperation in the event that we need any evidence to prove before competent authorities and/or courts about the satisfaction of the requirements or consents referred therein.

To the fullest extent permitted by applicable law, the Site and the Services are provided “as is”, “with all faults” and “as available” and the entire risk of use and performance remains with you. The Company disclaims any representations, warranties, or conditions, express, implied, or statutory, including, without limitation, (i) the implied warranties of merchantability, fitness for a particular purpose, and non-infringement; and (ii) that the Services and the Site will be available or provided on an uninterrupted, error-free, timely, or secure basis, will be free be error-free or free from viruses, worms, or other harmful or malicious components. You may have additional rights under your local laws that these STC cannot supersede and, in any such cases, the Company’s liability is limited in accordance with and to the extent permissible under said local laws.

10. Limitation of liability

To the maximum extent permitted by applicable law, in no event will the Company be liable for any indirect, consequential, incidental, exemplary, punitive, or special damages, including without limitation any damages to or for loss of data, revenue, profits, goodwill, or other intangible losses arising from or relating to these STC, your Account, or the Services. To the maximum extent permitted under applicable law, this limitation will apply to all claims under all theories of law and equity.

Subject to sections 9 and 10 above, Company’s maximum, aggregate our cumulative liability to you, for direct damages or under these STC (including under sections 9 and 10 above or any other contractual obligations), tort (including negligence and statutory duty) or otherwise shall not exceed the total maximum amount equivalent to fees paid to the Company in the last twelve (12) months preceding the date in which the damage took place.

Limitation and/or exclusion of liability and warranties may be limited in certain jurisdictions. To the extent that the limitations and exclusions in sections 9, 10, and 11 cannot be enforced or are considered void or illegal, either in whole or in part, said sections shall be construed and enforced in the sense of limiting the scope, duration and/or extent of the liability and/or warranty provision at issue. Nothing in these STC shall be understood to limit or exclude your liability for the price owed in excess of any liability caps hereunder.

11. Indemnity

You shall defend, indemnify and hold harmless the Company from and against any and all losses, settlements, damages, liabilities, judgments, obligations, fines or sanctions, costs, and expenses (including reasonable attorney’s fees) (collectively “Losses”), arising out of any claim, proceeding, demand, suit or action (collectively “Actions”) brought by a third party related to (a) your use of the Site or the Services, and activities occurring under your Account; (b) any violation of these STC; or (c) your violation of any other party’s rights or applicable law.

12. Amendments to the STC

We may modify these STC from time to time. We will provide you with reasonable prior written notice of any substantial change. If you do not agree to any amendments to the STC, you shall (as your sole remedy) stop using the Site and the Services. By continuing to use the Services or the Site, you are providing your agreement to be bound by the updated Terms of the STC.

13. Modifications and updates of the Services

Due to the constant updates and changes made by the Company to improve the Services and ensure that you can use them in a seamless way and that the Services can interoperate with third-party platforms, we may add, alter, or remove functionalities from a Service at any time. Moreover, the Company may implement any updates to the Services (including security updates) which will be applicable to some or all users collectively at any time. Any modifications implemented hereunder will be applied for free.

14. Miscellanea

The illegality, invalidity, nullity, or unenforceability of any of the sections of these STC will not affect the validity of its other provisions, which shall remain in full force and effect. Such sections are to be replaced or integrated into others that, in accordance with the law, correspond to the objective of the substituted sections.

If at any time, we fail to respond to a breach of these STC by you, that failure will not waive our right to act with respect to subsequent or similar breaches. A waiver will only be binding on the Company if it is in writing and signed by the Company. These STC constitute the entire agreement between you and the Company with respect to your Account and the Services. Both you and the Company, warrant to each other that, in entering these STC, neither the Company nor you have relied on or will have any right or remedy based upon any statement, representation, warranty, or assurance other than those expressly stated in these STC.

The rights and obligations set forth in these STC (or, otherwise, of the Account) cannot be assigned to any third party without the prior written consent of the Company. Moreover, any decisions taken by the Company are final and binding.

You grant to the Company a perpetual, worldwide, royalty-free, transferable, sublicensable, non-exclusive, irrevocable license to use, reproduce, modify or transform, distribute, communicate to the public, and otherwise exploit any suggestions, ideas, enhancement requests, feedback, recommendations or other information or ideas provided by you or any third party on your behalf relating to the Services, Site, platform, deliverables, images or the software.

If you are a company, we may use your trade name and trademarks on our Site and any other promotional materials produced by us from time to time. To this extent, you grant to us a non-exclusive, non-sublicensable, royalty-free, worldwide license to use said intellectual property, it is understood, however, that we shall use said intellectual property in accordance with the industry standards.
The Services have a legal warranty period from its delivery. If an incident occurs in the contracted Services, you may communicate it to the Company by any of the means of support indicated in the following clause, and we will make a diagnosis of the incident, proceeding to its resolution.

These STC are drafted both in plain and legal jargon versions. In case of any discrepancies, the legal version included herein shall prevail and take precedence with respect to the plain version. In the event of any conflict between the provisions of these STC and the Terms of Use, the Privacy Policy, the Data Protection Agreement, or any other terms included by reference in these STCs, the terms of the STCs shall take precedence.

15. Support, Contact, and Complaints

You can contact us in case you have any doubts, comments, or concerns by any of the following means:

By post:
Support Service
HAPPY AGILITY (UK) LTD

25/13/382, NGO's Colony B V Nagar, Nellore- 4, India.


By email:
support@happyagility.com

16. Applicable law and jurisdiction

a. General

These STC shall be governed and construed in accordance with Spanish law, without reference to its conflict of law provisions. The United Nations Convention on Contracts for the International Sale of Goods will not apply. Any dispute that may arise from or in connection to us and/or the Site or the Services shall be subject to the jurisdiction of the courts in Barcelona, Spain.

b. Consumers

If you are acting as a consumer, these STC shall be governed and construed in accordance with Spanish law, but this shall not prevent the application of those mandatory rights you are entitled to under your applicable law. The courts in Barcelona, Spain, shall have no exclusive jurisdiction in connection with any claim brought by you against the Company.

You may also access to the European Union’s online dispute resolution webpage.