Mobile applications terms of service

These Terms and Conditions (henceforth, the “Agreement”) constitute a legally binding agreement made between You, whether personally or on behalf of an entity (“You” or “Your”) and “HAPPY APPS” hereinafter, “HAPPY APPS ”, “We,” “Us” or “Our”), concerning Your access to and use of mobile applications owned, published or distributed by “HAPPY APPS ” (henceforth, the “Apps” or the “Services”).

By installing or otherwise using the HAPPY APPS  Apps, you: (a) agree to be bound by these terms and conditions (b) you represent and warrant that you own or control the mobile device in which the HAPPY APPS  App will be installed, and (c) you represent and warrant that you have the right, authority and capacity to enter into these terms and to abide by all its terms and conditions, just as if you had signed it. The terms and conditions also apply to any HAPPY APPS App updates, supplements, and services that are not provided under a separate license or other agreement with us. If you do not agree to the terms and conditions, do not install or use any HAPPY APPS App.

The Apps are intended for users who are of the minimum age specified by the relevant Applications Stores, where the Apps are available for downloading.

We reserve the right, in our sole discretion, to make changes or modifications to this Agreement at any time and for any reason. We will alert You about any changes by updating the “Last updated” date of the Agreement and You waive any right to receive specific notice of each such change. You will be subject to and will be deemed to have been made aware of and to have accepted, the changes in any revised Agreement by Your continued use of the Services after the date such revised Agreement are posted.

This Agreement is the final, complete and exclusive agreement between You and HAPPY APPS with respect to the subject matters hereof (including any Services) and supersedes and merges all prior discussions and agreements between the parties with respect to such subject matters.

• AGE REQUIREMENT

The minimum age requirement to install and use HAPPY APPS  Apps is 14 years old. To use certain HAPPY APPS Apps, due to content, requirements can involve being of an older age.

You will be informed of the required age prior to the download of the HAPPY APPS App (i.e. via PEGI classification).

For younger children, parents can help create and manage a Google Account with Family Link or can create an Apple ID with Family Sharing.

• GRANT OF LICENSE

Subject to your compliance with these terms and conditions, HAPPY APPS  grants you a limited, non-exclusive, revocable, non-sublicensable, non-transferable license, to access, download and install the most current generally available version of the Apps on a single, authorized mobile device that you own or control solely for your lawful, personal, and non-commercial entertainment use.

• SECURITY MEASURES

HAPPY APPS  will at all times process the User’s information in an absolutely confidential manner and will keep the secret thereof, in accordance with the provisions of the applicable regulations, adopting for this purpose the necessary technical-organizational measures that guarantee the security of Your data and prevent their alteration, loss, unauthorized processing or access, taking into account the state of the technology, the nature of the data stored and the risks to which they are exposed.

• OTHER RIGHTS AND LIMITATIONS

You shall not:

          rent, sell, lease, sublicense, distribute, assign, copy (other than a single copy for your own backup purposes), or in any way transfer or grant any rights to the HAPPY APPS Apps or use the HAPPY APPS Apps for the benefit of any third party.

          decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application.

          make any modification, adaptation, improvement, enhancement, translation, or derivative work from the application.

          violate any applicable laws, rules, or regulations in connection with Your access or use of the application.

          remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by Us or the licensors of the application.

          use the application for any revenue generating endeavour, commercial enterprise, or other purpose for which it is not designed or intended.

          make the application available over a network or other environment permitting access or use by multiple devices or users at the same time.

          use the application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the application.

          use the application to send automated queries to any website or to send any unsolicited commercial e-mail.

          use any proprietary information or any of Our interfaces or Our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the application.

• APPS UPDATES

We reserve the right to add or remove features or functions to existing HAPPY APPS Apps. We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to You. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by Your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Agreement will be construed to obligate Us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.

• SUBSCRIPTION SERVICES

Certain HAPPY APPS Apps on the Apple App Store and Google Play Store will allow you to obtain the benefit of the application on a subscription basis. Payment for such a subscription (which may be for example daily, weekly, monthly, tri-monthly or yearly) may be processed in the application directly by the mobile platform owner (e.g. Apple or Google). Free trial subscriptions may be cancelled at any point up to 24 hours before the expiry of the free trial. You can cancel a subscription service at any time during the subscription period via the subscription settings in your iTunes or Android account. The cancellation will take effect after the last day in the relevant subscription period. Please note: your free-trial subscription will automatically renew as a paid subscription unless auto-renew is turned off at least 24 hours before the end of the free-trial subscription period.

• REGISTRATION

HAPPY APPS Apps will not require any registration.

• ELECTRONIC COMMUNICATIONS

When communicating to Us electronically through Our website or via email, any personal information transmitted to Us will be protected in accordance with the HAPPY APPS Privacy Policy. While We appreciates Your communications, HAPPY APPS cannot guarantee that it will respond to Your messages.  We assume no obligation to limit the use of or to protect any non-personal information from disclosure.

• UNINSTALL/REMOVAL OF AN HAPPY APPS APP

Uninstallation and removal methods vary depending on your device. To uninstall and remove the HAPPY APPS Apps, please use the application manager provided with Your device or consult Your device manual for reference.

• SUSPENSION AND TERMINATION

Your rights under these Agreement will terminate immediately and automatically without any notice from HAPPY APPS if You fail to comply with any of the terms and conditions of these Agreement. You understand that HAPPY APPS, in its sole discretion, may modify or discontinue or suspend Your right to access any of Our services or use of any HAPPY APPS Apps at any time. Further, HAPPY APPS, with or without any reason, may at any time suspend or terminate any license hereunder and disable the Apps or any of its component features. You agree that HAPPY APPS shall not be liable to You or any third-party for any termination or disabling of the HAPPY APPS Apps. Promptly upon expiration or termination of these Agreement, you must cease all use of the HAPPY APPS Apps and destroy all copies of the Apps in Your possession or control. Termination will not limit any of HAPPY APPS ’s other rights or remedies at law or in equity.

• PRIVACY AND DATA PROTECTION

In compliance with current and applicable legislation on personal data protection, all the personal data provided by User throughout the utilization of the Services shall be processed according to our Privacy Policy. Any user who accepts this Agreement, likewise, expressly and unequivocally accepts on an informed basis our Privacy Policy, therefore shall be able to exercise the corresponding rights in terms of personal data protection according to the Privacy Policy.

• INTELLECTUAL PROPERTY

The HAPPY APPS  name and logo, and other HAPPY APPS  Trust trademarks, including all design, text, images, photographs, illustrations, audio-clips, video-clips, artwork, graphic material, code, content, protocols, software, and documentation used in connection with the App are trademarks of HAPPY APPS  (collectively “HAPPY APPS  Trademarks”).  Other trademarks, service marks, graphics and logos used in connection with the App are the trademarks of their respective owners (collectively “Third Party Trademarks”).  The HAPPY APPS Trademarks and Third-Party Trademarks may not be copied, imitated or used, in whole or in part, without the prior written permission of HAPPY APPS or the applicable trademark holder. The App and the content featured in the App are protected by copyright, trademark, patent and other intellectual property and proprietary rights which are reserved to HAPPY APPS and its licensors.

• DISCLAIMER

The Apps, the Services, the information on the Application and use of all related facilities are provided on an “as is, as available” basis without any warranties whether express or implied.

To the fullest extent permitted by applicable law, we disclaim all representations and warranties relating to the Apps and their contents, including in relation to any inaccuracies or omissions in the Apps, warranties of merchantability, quality, fitness for a particular purpose, accuracy, availability, non-infringement or implied warranties from course of dealing or usage of trade.

Makes no warranty that the HAPPY APPS Apps will meet Your requirements, that they will be uninterrupted, timely, secure, or error-free, that the results obtained from the use of the HAPPY APPS products will be accurate or reliable, or that the quality of the Apps will meet Your expectations. HAPPY APPS  assumes no liability or responsibility for any property damage, of any nature whatsoever, resulting from Your access to and use of Our HAPPY APPS Apps; any unauthorized access to or use of Our secure servers and/or any and all personal information and/or financial information stored therein; any interruption or cessation of transmission to or from HAPPY APPS Apps or Servers; any bugs, viruses, trojan horses, or the like which may be transmitted to or through Apps by any third party; or any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the HAPPY APPS Apps.

LIMITATION OF LIABILITY

We shall not be liable for any acts or omissions of any third parties howsoever caused, and for any direct, indirect, incidental, special, consequential or punitive damages, howsoever caused, resulting from or in connection with the mobile application and the services offered in the mobile application, your access to, use of or inability to use the mobile application or the Services offered in the  Application, reliance on or downloading from the mobile Application and/or Services, or any delays, inaccuracies in the information or in its transmission including but not limited to damages for loss of business or profits, use, data or other intangible, even if we have been advised of the possibility of such damages.

We shall not be liable in contract, tort (including negligence or breach of statutory duty) or otherwise howsoever and whatever the cause thereof, for any indirect, consequential, collateral, special or incidental loss or damage suffered or incurred by you in connection with the App and this Agreement. For the purposes of this Agreement, indirect or consequential loss or damage includes, without limitation, loss of revenue, profits, anticipated savings or business, loss of data or goodwill, loss of use or value of any equipment including software, claims of third parties, and all associated and incidental costs and expenses.

• INDEMNITY

You agree to indemnify, defend and hold harmless HAPPY APPS , its parents, affiliate and subsidiary companies, officers, directors, employees, consultants and agents from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorneys’ fees) arising from Your use of the HAPPY APPS  Apps, Your violation of this Agreement or Your infringement, or infringement by any other user of Your account, of any intellectual property or other right of any person or entity. You agree to immediately notify HAPPY APPS of any unauthorized use of Your account or any other breach of security known to You.

• APPLICABLE LAW AND JURISDICTION

HAPPY APPS does not represent or warrant that the HAPPY APPS Apps or any part thereof is appropriate or available for use in any particular jurisdiction. We may limit the availability of the HAPPY APPS Apps, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in Our sole discretion. The laws of Spain, without regard to conflict of laws principles, shall govern all matters relating to or arising from this Agreement, and the use (or inability to use) of the HAPPY APPS Apps. You hereby submit to the exclusive jurisdiction and venue of the appropriate courts of Spain, with respect to all matters arising out of or relating to HAPPY APPS.

No failure or delay by HAPPY APPS  in exercising any right, power or privilege under this Agreement will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under this Agreement. If any provision of this Agreement shall be found unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.

You agree that any cause of action arising out of or related to the HAPPY APPS Apps must commence within three (3) years after the cause of action accrues. otherwise, such cause of action is permanently barred.

• ADDITIONAL TERMS