Effective Date: May 31, 2021
Binding Agreement. This is a binding contract (“Terms”) between you and HappyStack (“we,” “us,” “our,” Company,” “HappyStack”). These Terms apply whenever you use any of the sites, apps, products, or services ("Service", “Services”) we offer, in existence now to created in the future. Further, we may automatically upgrade our Services, and these Terms will apply to such upgrades. By accessing or using the Services, you agree to be bound by these Terms. If you use our services on behalf of an organization, you agree to these terms on behalf of that organization. If you do not agree to these Terms, you may not use the Services.
HappyStack reserves the right to update and change these Terms of Service without notice.
Violation of any of the terms below may result in the termination of your account.
Age Restrictions. The Services are not intended for users who are under the age of 13. In order to create an account for the Services, you must be 13 years of age or older. By registering, you represent and warrant that you are 13 years of age or older. If children between the ages of 13 and 18 wish to use the Services, they must be registered by their parent or guardian.
Your Content and Permissions. HappyStack allows you to upload just about anything–files, videos, links, music, documents, code, and text (“Your Content”). Your Content is yours. HappyStack does not claim any right, title, or interest in Your Content.
Content Guidelines. You are fully responsible for Your Content. You may not copy, upload, download, or share Your Content unless you have the appropriate rights to do so. It is your responsibility to ensure that Your Content abides by applicable laws and these Terms. We don’t actively review Your Content.
You may not use the Service for any illegal purpose or to violate any laws in your jurisdiction (including but not limited to copyright laws)
Account Security. You are responsible for safeguarding your password to the Services, making sure that others don’t have access to it, and keeping your account information current. You must immediately notify HappyStack of any unauthorized uses of your account or any other breaches of security. HappyStack will not be liable for your acts or omissions, including any damages of any kind incurred as a result of your acts or omissions.
Account and Sign Up Guidlines. Your login may only be used by one person – a single login shared by multiple people is not permitted. You may create separate logins for as many people as you’d like.
You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
Modification to ServicesWe reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, any part of the Service or Services with or without notice.
Payments, Price Changes, Taxes
The basic service is offered for free until such time as we deem appropriate. Premium subscription plans are offered with a free trial for 30 days. If you need more than 30 days, you will only be able to continue using the Service by paying in advance for additional usage. If you fail to pay for additional usage, your account will be suspened and made inaccessible until proper payment is made.
Any upgrade or downgrade of the subscription plan will result in the new rate being charged at the next billing cycle. There will be no prorating for downgrades in between billing cycles.
Downgrading your subscription plan may cause the loss of features, capacity or content in your account. The Company does not accept any liability for such loss.
Prices of all Services are subject to change upon 30 days notice. Such notice may be provided at any time by posting the changes to HappyStack website or the Service itself.
We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
Taxes Not Included
Your fees under these Terms exclude any taxes or duties payable in respect of the Service in the jurisdiction where the payment is either made or received. You shall be responsible for payment of all such taxes, levies, or duties. Where required, we will collect those taxes on behalf of taxing authority and remit those taxes to taxing authorities.
We do not offer any refunds. Should you choose to discontinue the use of our service, you will be able to do so by downgrading subscription to the free version or terminating the account all together. Upon termination of your account your data will be deleted permantetly 90 days after account termination.
Changes to these Terms. We are constantly updating our Services, and that means sometimes we have to change the legal terms under which our Services are offered. If we make changes that are material, we will let you know, for example by posting on one of our blogs, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new Terms will take effect. If you disagree with our changes, then you should stop using HappyStack within the designated notice period. Your continued use of HappyStack will be subject to the new Terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.
Our Intellectual Property: The Services and all materials contained therein, including, without limitation, HappyStack logo, and all designs, text, graphics, pictures, information, data, software, sound files, other files, and the selection and arrangement thereof (collectively, the “HappyStack Materials”) are the property of HappyStack or its licensors or users and are protected by U.S. and international intellectual property laws. You are granted a personal, limited, non-sublicensable, non-exclusive, revocable license to access and use HappyStack Materials in accordance with these Terms for the sole purpose of enabling you to use and enjoy the Services.
Other trademarks, service marks, graphics and logos used in connection with the Services may be the trademarks of other third parties. Your use of the Services grants you no right or license to reproduce or otherwise use any HappyStack, or third-party trademarks.
Termination. You are free to stop using the Services at any time. We also reserve the right to suspend or end the Services at any time at our discretion and without notice. For example, we may suspend or terminate your use of the Services if you fail to comply with these Terms, or use the Services in a manner that would cause us legal liability, disrupt the Services, or disrupt others’ use of the Services.
Disclaimer of Warranties. HappyStack makes no warranties of any kind with respect to HappyStack or your use of the Services.
Limitation of Liability. HappyStack shall not have any liability for any indirect, incidental, consequential, special, exemplary, or damages under any theory of liability arising out of, or relating to, these Terms or your use of HappyStack. As a condition of access to HappyStack, you understand and agree that HappyStack’s liability shall not exceed $1 (one canadian dollar).
Indemnification. You will indemnify, defend, and hold HappyStack, its subsidiaries, affiliates, officers, and employees, harmless from any and all claims, damages, losses, liabilities, actions, judgments, costs, and expenses (including reasonable attorneys’ fees) brought by a third party arising out of or in connection with: (i) any act or omission by you, in connection with your use of HappyStack or (ii) your breach or alleged breach of any of these Terms. HappyStack may, at its option, elect to take over control of the defense and settlement of a claim subject to indemnification. You agree not to settle any such claim without the prior written consent of HappyStack.
Arbitration Agreement. We both agree to resolve any disputes arising out of these Terms or your use of HappyStack through final and binding arbitration. Arbitration is a less formal procedure than a lawsuit in court, with the goal of resolving disputes more quickly. We both agree to waive our rights to have our claims decided by a judge or jury. Instead, the arbitration shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with the Rules. The arbitration will be held in the Toronto, Canada, or any other location we agree to, and shall be conducted in the English language. The arbitrators’ decision may be enforced in any court of competent jurisdiction. You will pay all arbitration fees. The prevailing party shall be entitled to costs and attorneys’ fees, HappyStack will seek its attorneys’ fees and costs in arbitration regardless of the arbitrators determining that your claim is frivolous.
Exceptions to Agreement to Arbitrate. Claims for injunctive or equitable relief or claims regarding intellectual property rights may be brought in any competent court without the posting of a bond.
No Class Actions. You may resolve disputes with us only on an individual basis; you may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not permitted.
Governing Law. You agree that these Terms, and your use of HappyStack, are governed by Ontario law, in Canada, without regard to its principles of conflicts of law.
You also agree to abide by the following general conditions:
- You will use our Services at your own risk. Our services are provided on an “as is” and “as available” basis.
- Customer and Technical support will only be provided via email.
- You understand that we may use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and other related technology need to run our services.
- You will not modify, adapt, do harm or hack any of our services.
- You will not falsely imply that your website or application is associated with our services or the Company.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portions of our Services.
- We may, but have no obligation to, remove content and accounts that we determine are unlawful or violate any party’s intellectual property or these Terms of Service. This shall be done at our sole discretion.
- Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Services customer, Company employee or officer will result in immediate account termination.
- You understand that the technical processing and transmission of the Services, including your content, may be transferred unencrypted and involve (1) transmissions over various networks and (2) changes to conform and adapt to technical requirements of connecting networks or devices.
- We may temporarily disable your account if your usage significantly exceeds what we determine to be the average usage of our Services. We may reach out to contact the account owner before taking any such action.
- We do not guarentee that (1) our Services will meet your specific requirements, (2) our Services will be uninterrupted, timely, secure, or error-free, (3) the information that may be obtained from the use of our Services will be accurate or reliable, (4) the quality of any products, services, information, or other material purchased or obtained by you through our Services will meet your expectations, and (5) any errors in our Services will be corrected.
- You expressly understand and agree that the Company shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the Company has been advised of the possibility of such damages), resulting from: (1) the use or the inability to use the service; (2) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (3) unauthorized access to or alteration of your transmissions or data; (4) statements or conduct of any third party on the service; (5) or any other matter relating to the service.
- The failure of the Company to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and the Company and govern your use of our Services, superceding any prior agreements between you and the Company (including, but not limited to, any prior versions of the Terms of Service).
- Questions about the Terms of Service should be sent to us via our contact form.