Terms and Conditions

1. User's Acknowledgment and Acceptance of Terms

HappyFox, a unit of Tenmiles Technologies ("Us" or "We") provides its Service (as defined below) through its website located at www.happyfox.com (the "Site") to you, the user, subject to your compliance with all the terms, conditions, and notices contained or referenced in this Terms of Service agreement (the "TOS"), as well as any other written agreement between us and you. In addition, when using particular services or materials on this site, users shall be subject to any posted rules applicable to such services or materials that may contain terms and conditions in addition to those in this TOS. All such guidelines or rules are hereby incorporated by reference into this TOS.

BY USING THIS SITE, YOU AGREE TO BE BOUND BY THE TOS. IF YOU DO NOT WISH TO BE BOUND BY THE TOS, PLEASE EXIT THE SITE NOW. YOUR REMEDY FOR DISSATISFACTION WITH THIS SITE, OR ANY PRODUCTS, SERVICES, CONTENT, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THIS SITE, IS TO STOP USING THE SERVICE. YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THIS TOS BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THIS SERVICE.

This TOS is effective as of 15 July 2011. We expressly reserve the right to change these Terms of Use from time to time without prior notice. You acknowledge and agree that it is your responsibility to review this site and this TOS from time to time and to familiarize yourself with any modifications. Your continued use of the service after such modifications will constitute acknowledgement of the modified TOS and agreement to abide and be bound by the modified TOS.

As used in this TOS, references to our "Affiliates" include our owners, subsidiaries and affiliated companies, and includes (without limitation) all parties involved in creating, producing, and/or delivering this service.

2. Description of Services

We make various services available on this site including, but not limited to, the HappyFox help desk system and all software, data, images, text, sounds, video and content made available through the Site or services or developed via the HappyFox API. Any new features that augment or enhance the then-current services on this site shall also be subject to the TOS.

3. Data and Privacy

You are responsible for all information, data, text, messages or other materials that you post or otherwise transmit via the Service. You are responsible for maintaining the confidentiality of your login and account and are fully responsible for any and all activities that occur under your login or account. You agree and acknowledge that your login may only be used by one (1) person, a single login shared by multiple people is not permitted. You may create separate logins for as many people as your plan allows.

HappyFox reserves the right to access any or all of your accounts in order to respond to your requests for technical support. We shall maintain appropriate administrative, physical and technical safeguards for protection of the security, confidentiality and integrity of your data. We will not disclose your data except if compelled by law or if permitted by you.

4. Use of Service

Subject to the terms and conditions of this TOS, you may access and use the Service only for your internal business purposes as contemplated by the TOS. You shall not (a) license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit or make the Service available to any third party, other than as expressly permitted by this TOS; (b) use the Service to process data on behalf of any third party, or (c) use the Service in any unlawful manner or in any manner that interferes with or disrupts the integrity or performance of the Service and its components

Subject only to the limited right to access and use the Service expressly granted to you under this TOS, all rights, title and interest in and to the Service and its components will remain with and belong exclusively to HappyFox. You shall not modify or adapt the Service to falsely imply any sponsorship or association with HappyFox, or otherwise attempt to gain unauthorized access to the Service or its related systems or networks

You understand that the technical processing and transmission of the Service, including your content, may be transferred unencrypted and involve (a) transmissions over various networks; (b) changes to conform and adapt to technical requirements of connecting networks or devices and (c) transmission to HappyFox's third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to operate and maintain the Service. HappyFox will use reasonable efforts to publish on the site or notify you of any planned downtime of the Service

The failure of HappyFox to exercise or enforce any right or provision of this TOS shall not be a waiver of that right. You acknowledge that this TOS is a contract between you and HappyFox, even though it is electronic and is not physically signed by you and HappyFox, and it governs your use of the Service and takes the place of any prior agreements between you and HappyFox.

5. Payment & Billing

The Service is made available on a pay-as-you-go basis and is charged at the start of your chosen subscription term (generally monthly). All plans come with an initial free trial period of up to 30 days. On provision of credit card details, you will be promptly billed the stated subscription amount for your chosen plan and your trial period will terminate. If you do not provide your credit card details within the 30 day trial period, your trial will be deactivated once the 30 day period has been crossed.

If you choose to upgrade your plan or number of staff licenses during your chosen subscription period, any incremental cost will be charged to your credit card on the next billing cycle. The change to your plan or number of staff licenses will take effect from the next billing cycle onwards. Subsequently, your credit card will automatically be charged the adjusted subscription rate. Regardless of your billing cycle, there are no refunds or credits for partial months of service, plan downgrades, or refunds for months unused if you close your account before the end of your subscription period. No exceptions will be made in order to treat everyone equally and keep our administrative costs low for the ultimate benefit of our customer base. Downgrading your plan level may cause the loss of content, features, or capacity of your account and HappyFox does not accept any liability for such loss. Prices of all HappyFox plans and Services are subject to change upon 30 days notice from us. Such notice may be provided at any time.

The account owner will receive an email receipt upon each credit card charge. HappyFox uses PayPal to manage credit card processing and PayPal is not permitted to use your billing information except to process your credit card information for HappyFox. PayPal may request you to create a dedicated PayPal account with the option of linking your credit card. Please visit http://www.happyfox.com/privacy to understand how HappyFox collects and uses personal information.

6. Cancellation of Services

You are responsible for properly canceling your account. The account owner (as defined in the sign-up procedure) can cancel the account at any time by contacting HappyFox at support@happyfox.com. There are no other means of canceling your account. You will lose access to all of your content upon cancellation and we will delete it in our normal course of business operations. This information cannot be recovered once your account is cancelled. If you cancel the Service before the end of your current paid-up subscription period, your cancellation will take effect immediately and you will not be charged again.

7. Third Party Sites and Information

This site may link you to other sites on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other parties. These other sites and parties are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are we responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the site or party by us, or any warranty of any kind, either express or implied.

8. Intellectual Property Information

Copyright (c) 15 July 2011 HappyFox (A unit of Tenmiles Technologies Pvt Ltd) All Rights Reserved.

For purposes of this TOS, "content" is defined as any information, data, communications, software, photos, video, graphics, music, sounds, and other material and services that can be viewed by users on our site.

By accepting this TOS, you acknowledge and agree that all content presented to you on this site is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, and is the sole property of HappyFox (A unit of Tenmiles Technologies) and/or its Affiliates. Any unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

Neither we or our Affiliates warrant or represent that your use of materials displayed on, or obtained through, this site will not infringe the rights of third parties.

The following are registered trademarks or service marks of Tenmiles Technologies or its Affiliates: HappyFox, Tenmiles. All custom graphics, icons, logos and service names are registered trademarks or service marks of HappyFox (A unit of Tenmiles Technologies) or its Affiliates. All other trademarks or service marks are property of their respective owners. Nothing in this TOS grants you any right to use any trademark, service mark, logo, and/or the name of HappyFox, Tenmiles Technologies or its Affiliates.

9. Disclaimer of Warranties

ALL MATERIALS AND SERVICES ON THIS SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.

THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE DESCRIPTIONS OF ANY SERVICES LISTED HEREIN, AT ANY TIME WITHOUT PRIOR NOTICE.

THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.

10. Limitation of Liability

IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE.

SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN THESE STATES, HAPPYFOX'S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW

11. Indemnification

Upon a request by us, you agree to defend, indemnify, and hold us and our Affiliates harmless from all liabilities, claims, and expenses, including attorney's fees, that arise from your use or misuse of this site. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

12. Termination of Use

You agree that we may, in our sole discretion, terminate or suspend your access to all or part of the site with or without notice and for any reason, including, without limitation, breach of this TOS. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities.

Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on this site immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such services or this site. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.

13. Governing Law

This site (excluding any linked sites) is controlled by us from our offices within the Republic of India. It can be accessed from all countries around the world. As each of these places has laws that may differ from those of India, by accessing this site both of us agree that the statutes and laws of the Republic of India, without regard to the conflicts of laws principles thereof and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this site and services available through this site. Each of us agrees and hereby submits to the exclusive personal jurisdiction and venue any court of competent jurisdiction within the Republic of India with respect to such matters.

14. Entire Agreement

These terms and conditions constitute the entire agreement and understanding between us concerning the subject matter of this agreement and supersedes all prior agreements and understandings of the parties with respect to that subject matter. This TOS may not be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for products or services which are subject to additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a written agreement signed by you and us. To the extent that anything in or associated with this site is in conflict or inconsistent with the TOS, this TOS shall take precedence.

15. Contact Information

Except as explicitly noted on this site, the services available through this site are offered by HappyFox, a unit of Tenmiles Technologies located at 1A Jhaver Plaza, Nungambakkam High Road, Chennai, 600 034, India. Our telephone number is +91 44 2831 0000. If you notice that any user is violating this TOS, please contact us at support@happyfox.com.