Terms of Service
1. User's Acknowledgment and Acceptance of Terms
- Thank you for using our products and services (“Services”). HappyFox.com and its related services are provided by HappyFox Inc.
- By using our Services, you are agreeing to these terms. Please read them carefully.
- Our Services are very diverse, so additional terms may apply. While using particular services or materials on the Site, you shall be subject to any posted rules applicable to such services All such rules are hereby incorporated by reference into this TOS.
- By using this Site, you agree to be bound by the TOS. Your acceptance to comply with this TOS becomes effective immediately upon commencement of your use of the Site.
- We expressly reserve the right to change the terms of this TOS, from time to time, without prior notice. You acknowledge and agree that it is your responsibility to review the Site and this TOS from time to time and to familiarize yourself with any modifications. As used in this TOS, references to our "Affiliates" include our owners, subsidiaries and affiliated companies, and include (without limitation) all parties involved in creating, producing and/or delivering this Site and all services hereunder.
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.
3. Data and Privacy
- You are responsible for maintaining the confidentiality of your login account (“ID”) and password and are fully responsible for any and all activities that occur under your ID or account. To protect your HappyFox account, keep your password confidential.
- Please notify us immediately of any unauthorized use of your password and/or user ID and to ensure that you log off at the end of each session at the Site. We are not responsible for any direct or indirect loss or damage arising out of your failure to comply with this requirement. You agree and acknowledge that your login may be used only by one (1) person. It is clarified that a single login cannot be shared by multiple persons. You may create separate logins for as many people as your plan allows.
- HappyFox takes regular backups of your Data. No guarantees of any kind will be made as to the integrity or completeness of these backups.
4. Use of Site
- You may access and use the Site only for your internal business purposes and as contemplated by the TOS. Do not misuse our services. For example, do not license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit or make the services on the Site available to any third party, other than as expressly permitted by this TOS; or (b) use the Site to process data on behalf of any third party; or (c) use the Site in any unlawful manner or in any manner that interferes with or disrupts the integrity or performance of the Site and its components; (d) permit or cause any person(s) to use the Site such that the total number of support staff and/or agent(s) using the Site is more than the total number of staff licenses granted under the terms of your plan; or (e) attempt to decipher, decompile, reverse engineer or otherwise discover the source code of any software making up the Site.
- Subject only to the limited right to access and use the Site expressly granted to you under this TOS, all rights, title and interest in and to the Site and its components will remain with and belong exclusively to us. You shall not modify or adapt the Site to falsely imply any sponsorship or association with us, or otherwise attempt to gain unauthorized access to the Site or its related systems or networks.
- Further you expressly undertake and agree that you will not use the Site to:
- defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others;
- distribute files that contain software or other material protected by intellectual property laws unless you own and/or control the rights thereto or have received all necessary consents;
- distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Site and/or another's computer;
- advertise or offer to sell or buy any goods or services for any business purpose, unless specifically permitted;
- conduct or forward surveys, contests, pyramid schemes or chain letters unless expressly permitted;
- download any file sent by another user of any service that you know, or reasonably should know, cannot be legally distributed in such manner;
- transmit "junk mail", "spam", "chain letters" or “phishing”.
- falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
- violate any applicable laws or regulations for the time being in force in or outside the USA.
- You agree not to use the Site to transmit directly or indirectly any unsolicited bulk communications. We may adopt any technical remedy(ies) to prevent such unsolicited bulk communications.
- You understand that the technical processing and transmission of the Site, 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 our third party vendors and hosting partners to provide the necessary hardware, software, networking, storage and related technology required to operate and maintain the Site. We will make all reasonable efforts to publish on the Site and/or notify you of any planned downtime of the Site. It is clarified that in no event shall we be held liable for non-availability of the Site during periodic maintenance operations or unplanned suspension of access to the Site that may occur due to technical reasons or for any other reason(s) beyond our control.
- You understand and agree that the Site is available on an "as is basis” and that we do not assume any responsibility for deletions of data, mis-delivery or failure to store any communications or personalized settings.
- You are solely responsible for obtaining and managing any technology, equipment and/or ancillary services needed to connect to, access and/or use the Site, including without limitation modems, hardware, software, internet and long distance or local telephone service. You are also responsible for ensuring that all such technology, equipment and/or ancillary services including software are compatible with the Site. Furthermore, it is clarified, that you are solely responsible for managing the support staff and/or agents that you may employ for use of the Site on your behalf.
- You acknowledge that some systems / software may not be capable of supporting the Site and that you have made appropriate investigations into the same.
5. Cancellation of Services
You are responsible for properly cancelling your account. The account owner (as defined in the sign-up procedure) can cancel the account at any time by contacting us at firstname.lastname@example.org. There are no other means of cancelling your account by you. You will lose access to all of your content upon cancellation and we will delete the same in our normal course of business. This information cannot be recovered once your account is cancelled. If you cancel your account before the end of your current paid-up subscription period, your cancellation will take effect immediately and you will not be charged again.
6. Third Party Sites and Information
The Site may contain links 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 for 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. We encourage you to be aware when you leave the Site, and read the privacy statements of other websites and web applications linked to the Site.
7. Intellectual Property Information
- All Content displayed on the Site is subject to copyright, which is owned by HappyFox and/or its Affiliates.
- For purposes of this TOS, "Content" is defined as any services, information, data, communications, software, photos, video, graphics, music, sounds, and other material and services that forms a part of the Site and 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 may be protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, and is our sole property or that of our Affiliates. Any unauthorized use of such Content may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
- Neither HappyFox nor its Affiliates warrant or represent that your use of materials displayed on or obtained through this Site will not infringe the rights of third parties.
- Nothing in this TOS grants you any right to use any trademark, service mark, logo, and/or the names belonging to us and/or our Affiliates.
- By making any copyrighted/copyrightable content available on the Site, you affirm that you have the consent, authorization or permission, as the case may be from every person who may claim any rights in such content to make such content available in such manner. Further, by making any content available in the manner aforementioned, you expressly agree that HappyFox will have the right to block access to or remove such content made available by you, if HappyFox receives complaints concerning any illegality or infringement of third party rights in such content. By using any of the services provided by HappyFox and transmitting or publishing any content using such service, you expressly consent to determination of questions of illegality or infringement of third party rights in such content by the agent designated by HappyFox for this purpose.
8. Warranties & Disclaimer
- The Site and Content are provided on an “As- is” and “As- Available” basis. We make no warranty, express or implied, concerning the Site and/or its contents and disclaim all warranties of fitness for a particular purpose, merchantability, non-infringement, ommissions, completeness, updateness and/or up-time in respect of the Site, including any liability, responsibility or any other claim, whatsoever, in respect of any loss whether direct or consequential, to any person arising out of or from the use of the Site and/or any information contained on the Site.
- Without limiting the foregoing, we make no warranty that (a) the Site and materials will meet your requirements, (b) the Site and materials will be uninterrupted, timely, secure, or error-free, (c) the results that may be obtained from the use of the Site and/or the Contents thereof will be effective, accurate or reliable, or (d) the quality of any products, services, or information purchased or obtained by you from the Site 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 Service at this site, including the descriptions of any services listed herein, at any time without prior notice.
- The use of the Site or the downloading or other acquisition of any materials through the 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.
9. Limitation of Liability
- In no event shall we and/or our Affiliates be liable to you or any third party for any direct, special, punitive, incidental, indirect or consequential damages of any kind, or any other damages whatsoever, 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 Site or of any web site referenced or linked to from this Site including without limitation: (a) the use or the inability to use the Site and/or failure to provide the Site or for any information, software, products, services and related graphics obtained through the Site, or otherwise arising out of the use of the Site; (b) the cost of procurement of substitute goods and services or resulting from any goods, information or services purchased or obtained or messages received or transactions entered into through the Site; (c) unauthorized access to or alteration of the your transmissions or data; (d) the delay or inability to use the Site or related services; and (e) any other matter relating to the Site including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Site.
- Neither us nor any of our Affiliates, respective agents, employees, information providers, or content providers shall be liable to you or anyone else for any inaccuracy, error, omission, interruption, timeliness, incompleteness, deletion, defect, failure of performance, computer -virus, communication line failure, alteration of, or any use of Content and/or Site herein, or for any damages resulting there from where the same arises due to any event beyond our control.
- Your sole and exclusive remedy for any dispute with HappyFox related to any of the services shall be termination of such service.
- 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, our liability will be limited to the greatest extent permitted by law.
- Notwithstanding any other provision of the TOS, the maximum liability on our part in any circumstances and in respect of any services offered hereunder, shall be limited to the refund of total amount received by us from you for availing the Site less any cancellation, refund or other charges, as applicable. In no case shall the liability include any consequential or remote or indirect loss, damage or additional expenses whatsoever.
You hereby agree to defend, indemnify, and hold us and our Affiliates harmless from all liabilities, claims, damages, costs and expenses, including attorney's fees that arise from your use or misuse of the Site including without limitation any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by you pursuant to the TOS.
11. Termination of Use
- We may terminate or suspend your access to all or part of the Site with or without prior notice thereof and for any reason. law.
- Upon termination or suspension or cancellation, your right to use the Site immediately ceases. 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. Further, on such deactivation any data that you may have stored on the Site will not be retrievable.
- Upon permanent termination of your account you will lose access to all of your content and information, which we may delete in our normal course of business operations. This information cannot be recovered once your account is permanently terminated. You may further be required to delete and/or cause all Content of the Site to be erased from your server.
If you do not comply with these terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future).
13. Governing Law
The laws of State of Delaware, excluding the conflicts of laws principles thereof or the United Nations Convention on the International Sales of Goods and controlling US Federal Law, will apply to any disputes arising out of or relating to these terms or the Services. All claims arising out of or relating to the terms or the Services will be litigated exclusively in the federal or state courts of the State of Delaware, USA and you and HappyFox consent to personal jurisdiction in those courts.
14. Dispute Resolution
- Severability: If it turns out that a particular term is not enforceable, this will not affect any other terms.
- Export Compliance: You must comply with all export restrictions and regulations of the Department of Commerce and other United States agencies and authorities that may apply to the HappyFox.com Services and other technology we make available.
16. Contact Information
If you have any questions or comments about these Terms of Service or any other matter regarding the Site, please send them by email to email@example.com, or by mail to: HappyFox, Inc., 24 Executive Park, Suite 230, Irvine, CA 92614.
Last updated on October 8, 2014.