Last updated: 19 October 2022

By accessing or using the Websites, you agree to be legally bound by these Terms of Service. Please read this document carefully.

These Terms of Service (the “Terms”) is a legally binding agreement by and between an individual user or entity (“you”, “your”, and “user”) accessing the websites happyweb.io, thomasporhel.com and revenewlab.com, software applications Growllowing (growllowing.com), Synapteams (synapteams.com), and Crobots (crobots.tools), the related domain names, products and services (collectively, the “Services”) and the owner and operator of the Services, namely, Happyweb Consulting SAS having an address at 817 706 195 R.C.S. Montpellier, 1400 Rue de la castelle, 34070 Montpellier VIR-0178, France (the “Owner”, “we”, “us”, and “our”). These Terms apply to the Services only; the Terms do not apply to any third-party software, websites, and services integrated with the Services. You must agree to all provisions of these Terms to be eligible to access or use the Services. If you do not agree with one or more provisions of these Terms, you are not allowed to use the Services.

[TOC]

1. General Information

1.1. Web hosting

The site is hosted by Grav CMS.
www.getgrav.org
9 3815 Thatcher Ave, Saskatoon, Saskatchewan, S7R 1A3, Canada

1.2. License to use the Services

We hereby grant you a worldwide, personal, revocable, non-exclusive, non-transferable and limited license to use the Services pursuant to these Terms.

1.3. Disclaimer

Although we regularly monitor the information available on the Services, we cannot guarantee the accuracy, reliability, currency, relevance, and completeness of all information, whether provided by us or by third parties.

1.4. Third-party link

The Services may contain links to websites, applications, and other online sources owned and operated by third parties. We are not responsible or liable in any manner for the content of such third-party links, information, and advertisements, as well as the security and privacy practices deployed by the operators of the third-party websites. You are solely responsible for exercising due diligence before clicking on any of such third-party links.

1.5. Minors

The Services are not marketed or intended for use by persons under the age of 18.

1.6. Privacy and other relevant terms

The documents that include important provisions regarding your use of the Services and should be read and interpreted together with these Terms are our Privacy Policy which describes in detail how we handle your personal data collected through the Services and other individual terms and conditions made available by us on the Services. Should the Services be governed by their individual terms and conditions, in case of a conflict between these Terms and the individual terms and conditions, the individual terms and conditions shall apply.

2. Permitted Use

2.1. The Services are available worldwide

It is your responsibility to assess whether the use of the Services is in compliance with the your local laws and regulations.

2.2. Prohibited use of the Services

You are not permitted to use the Services in any manner that substitutes or contributes to the following activities (the list is representative and not exhaustive):

Any unlawful activity, including violation of any laws, statutes, ordinances, or regulations;
Intellectual property (e.g., copyright or trademark) infringement;
Any unauthorized access to machines, programs, data, or committing any other forms of cyber offenses;
Promotion or encouragement of terrorist activities of any sort;
Exploitation of children in any way;
Fraud;
Provision of false, inaccurate, or misleading information;
Spreading of malware (e.g., viruses, worms, Trojan horses), spam, and illegal messaging;
Spreading ethnically, racially, or otherwise objectionable information;
Spreading sexually explicit, libellous, harassing, defamatory, abusive, profane, vulgar, threatening, hateful, obscene behaviour and terrorism-related content;
Disseminating information about the acts that may result in injuries and physical harm
Copying, distributing, renting, reselling, modifying, compromising, damaging, disabling, impairing, and overburdening the Services;
Gambling, including contests, lotteries, games of chance, bidding fee auctions, sports forecasting or odds making, Internet gaming, fantasy sports leagues with cash prizes, and sweepstakes;
Advertising or encouraging the use of tobacco, alcohol, and any illegal substances;
Using or authorizing third parties to use on your behalf services, technologies, or automated systems to artificially inflate the page views (e.g., pay-per-click services and web “robots”);
Interfering with or abusing other users of the Services;
Using bots, scripts, and other automated methods; and
Collecting and disclosing any information about other users of the Services.

2.3. Breach of the Terms

If we believe, at our sole discretion, that your use of the Services violates these Terms and it is appropriate, necessary or desirable to do so, we may:

Send you a formal warning;
Temporarily or permanently prohibit your access to the Services;
Report you to public authorities; or
Commence a legal action against you.

3. User Accounts

3.1. Registration and acceptance

To use the full functionality of the Services, you may be required to create a user account on accounts.happyweb.io (the “Account”). During the registration process, you will be asked to submit your personal details (e.g., name and email address), read our Privacy Policy, and accept these Terms. We reserve the right to decline the registration of any Account for any reason whatsoever, at our sole discretion.

3.2. Account eligibility

By registering the Account, you acknowledge and agree that:

You have read the documents specified in section 3.1 and agree to abide by these Terms; You agree to comply with all provisions of these Terms and all applicable laws; You have the capacity to conclude legally binding agreements; You will provide full, complete, and accurate information, including personal data, and agree to amend it as soon as any changes occur; You will be solely responsible for any activity that occurs through your Account and you shall not hold us liable in this regard, for any reason whatsoever; You are not under any type of judicial interdiction; You will register a single Account (multiple Accounts registered by the same person or entity are not allowed); and * You are a human individual or an individual acting on behalf of a business entity, and not a machine (machine-generated Accounts are not allowed).

3.3. Authorization

If you act on behalf of a business entity in accepting these Terms or registering the Account, you warrant and undertake that you have the requisite power and authority to act on behalf of that entity and bind the entity to these Terms. By creating the Account and providing details of a business entity, you confirm that you are an authorized employee, contractor, or representative of the business entity and have the necessary rights and authority to act on behalf of that entity. We are not responsible in any manner and bear no liability for your activities carried out without such authorization.

3.4. The Profile

To complete the registration of the Account, you may be requested to complete your user profile (the “Profile”). You acknowledge and agree the Profile can be visible to other users of the Services and Internet users, unless you adjust your privacy settings accordingly. You must (i) provide true, complete, accurate, and up-to-date information when completing your Profile and (ii) update the Profile information as soon as any changes thereto occur. You are not allowed to provide any information about yourself or any third parties that is false, misleading, defamatory, or erroneous, including, without limitation, information about your identity, location, skills, professional experience, clients, certifications, business, or the services that you provide. We do not verify all Profile information and, therefore, we are not responsible for the truthfulness, completeness, and accuracy of the said information. We reserve the right to suspend or terminate any Account or Profile that provides false or misleading information or otherwise violates any provision of these Terms. The Services provides general information about the users and displays the Profiles as created by the users. We do not endorse any users of the Services and the Services features only a limited list of the available service providers in the given area.

3.5. Identity and location verification

We reserve the right, but are not under obligation, to verify the Accounts and the Profiles, including, without limitation, verifying the identity, location, payment methods, and email addresses, during the registration of the Account or from time to time thereafter. The verification may include requesting official documents (e.g., government issued ID) confirming your identity, location, and authorisation to act on behalf of a business entity. You agree to supply us the requested information to keep your Account active. We reserve the right to temporarily suspend your Account during the verification process and terminate the Account if the verification fails.

4. Fees and Payments

4.1. The Fees

Your access to and use of the Services may be subject to the applicable service fees (the “Fees”) payable on a subscription basis or as one-off payments. By concluding a service contract with us, you agree to pay the Fees in accordance with these Terms and other terms and conditions in force at the moment the sale contract is concluded (e.g., individual terms and conditions of each Service). If the Fees are payable on a subscription basis, (i) the Fees are billed at the beginning of each billing cycle, and (ii) unless you cancel the subscription prior to the expiration of the then-current subscription term, we will automatically renew your membership based on its renewal cycle and you will need to pay the Fees due. By placing your order, you agree to pay the Fees due. The Fees remain valid for as long as (i) they are featured on the Services or (ii) as communicated by us. The Fees are subject to a change with at least 30 calendar days prior notice to you (if you hold a subscription) or without notice (if you do not hold a subscription).

4.2. Advance Payments

Your use of the Services may be subject to upfront payments, advance payments, or deposits (collectively, the “Advance Payments”), provided that the applicability of the Advance Payments is specified in the individual terms and conditions pertaining to the Services. Should your use of the Services be subject to the Advance Payments, you acknowledge and agree that the provision of or your access to the Services shall commence only after the Advance Payment in full is received by us before the due date. Should you fail to pay the Advance Fees or the Fees due, the provision of or your access to the Services shall be suspended. Should you fail to pay the Advance Fees of the Fees due, we reserve the right to, at our sole discretion and to the extent permitted by the applicable law, seek from you all amounts due plus interest on the outstanding amounts or the maximum interest permitted by the applicable laws.

4.3. Taxes

Unless indicated otherwise, the Fees exclude all applicable sales taxes (e.g. VAT), levies, and other duties. You are responsible for paying the said taxes.

4.4. Payment processing

All payments are processed by our third-party payment processor Stripe or other payment processors, as made available on the Services. You are responsible for ensuring that all payment information is correct and the funds necessary for paying the Fees are available. You shall not hold us liable for payments that are not processed due to your error (e.g. incorrect payment information), the failure of the payment processors to process the Fees, or if the payment is refused for any other reason.

4.5. Cancellation of subscription

Your subscription must be canceled at least 7 calendar days prior to expiration of the then-current billing period through your Account to avoid automatic renewal and charge. If you cancel your subscription later, the cancellation will not be guaranteed. Your inactivity on the Services does not substitute your request for the cancellation of your subscription.

4.6. Right of withdrawal (for consumers only)

We respect consumer rights and comply with the applicable consumer protection laws. If you use the Services as a consumer (i.e., a person acting wholly or mainly outside the scope of trade, business, or profession), you have the right to withdraw from a service contract within the period of 14 days after you purchase our products or services without providing any reason to us.

4.7. How to exercise your right of withdrawal (physical products)?

If you qualify for withdrawal and you would like to exercise your right of withdrawal and receive a refund for physical products purchased from us, you must inform us of your decision to withdraw from the contract by contacting us by email (info@happyweb.io) before the 14-day period expires. After you get our confirmation for withdrawal, you have to return the products at your own cost to the address indicated by us without undue delay and in any event no later than 14 days from the day you got our confirmation for withdrawal. The deadline is met if you send back the Products before the period of 14 days expires. The shipping costs for the return of the physical products shall be paid fully by you and are non-refundable. To be entitled for a refund, the products must be (i) new, (ii) unused, (iii) complete, (iv) in an impeccable condition, (v) with all manuals and accessories, (vi) with the applicable tags on, and (vii) in their original packaging.

4.8. How to exercise your right of withdrawal (digital products and services)?

If you qualify for withdrawal and you would like to exercise your right of withdrawal and receive a refund for the digital products or services purchased from us, you must inform us of your decision to withdraw from the contract by contacting us by email (info@happyweb.io) before the 14-day period expires. We will process your request without undue delay and in any event no later than 14 days from the day we get your email. Please note that, if you immediately get access to our digital products or use our services in part or in full, you may not be able to exercise your right of withdrawal.

4.9. Refunds

When you exercise your right of withdrawal and your request is approved by us, we will refund the Fees, including initial basic (cheapest) delivery costs, by using the same payment method that was used to make the payment. In any case, you will not incur any fees as a result of the refund. The refund may be withheld until we receive the physical products that you return, the products are assessed as being properly returned back (e.g., they are in an impeccable state, unused, and properly labeled), or you have supplied evidence of having sent back the products, whichever is the earliest.

4.10. Non-consumers

If you act as a business, trader, or use the Services for professional purposes, you are not entitled to exercise the right of withdrawal. If you wish to receive a partial or full refund, please consult the terms and conditions of the products or services that you use or contact us for more information. Refunds for non-consumers are issued at our sole discretion.

4.11. Exceptions to the right of withdrawal

The right of withdrawal does not apply to the products and services that are made to your specifications, clearly personalized, purchased by non-consumers, or used in part or in full.

4.12. Faulty products and services

If you find that the products or services that you have received are faulty or wrong products or services have been delivered, you can, within 14 days from the day you received the said products or services:

Request a partial or full refund as described above;
Request a reduction of the Fees (please contact us for further information), which we may or may not agree to at our sole discretion; or
Request a repair or replacement of the products or services (please contact us for further information).

5. Transactions Between the Users

5.1. Your relationship with us

Some of the Services have the purpose of facilitating transactions between the users of the Services, including exchanging information and negotiating and concluding service contracts (the “Service Contract”) by and between the users (the “Contractors”). If the users decide to enter into the Service Contract as a result of their communication through the Services, they are deemed to be the Contractors. We do not intervene into the communication between the Contractors as well as negotiation, conclusion, and execution of the Service Contracts. Unless explicitly specified otherwise on the Services, our responsibilities with regard to the Service Contracts are limited to facilitating the availability of the Services. By using the Services, users acknowledge and agree that the Contractors and not us are solely responsible for providing or commissioning services under the Service Contracts and any information or warranties related thereto. We are not a party to the Service Contracts and, therefore, we are not liable for any direct, indirect, consequential or inconsequential loss or damage that results from the Service Contracts and any business transactions made between the Contractors as a result of their interactions through the Services. The Contractors are entitled to (i) enter into additional agreements governing the Service Contracts (e.g., non-disclosure agreements) and (ii) agree on the terms and conditions of the Services Contracts, provided that (a) the agreed terms shall not expand or amend these Terms and (b) in case there is a conflict between the terms of the Service Contract and these Terms, the Terms shall prevail.

5.2. Responsibilities of the Contractors

The Contractors are solely responsible for:

Ensuring that they are qualified in providing or commissioning services (whichever relevant) under the Service Contracts; Preparing, negotiating, concluding, and executing the Service Contracts; and Cooperating with us in any audits by providing information and records about the Service Contracts, invoices, tax returns, and other financial reports issued under the Service Contracts.

5.3. Fees, taxes and benefits

The users are responsible for paying all fees, tax and duties with regard to the Service Contracts as applicable in their respective jurisdictions. We do not withhold any taxes related thereto. The Contractors are solely responsible for:

Accepting and paying the fees under the Service Contracts; Paying all applicable taxes, levies, duties, and other fees associated with payments made or received under the Service Contracts; Obtaining appropriate insurance related to the commissioned or provided services (e.g., liability, health, compensation, social security, disability, and unemployment) and making sure that the terms and conditions of the insurance policy do not contravene to the Terms; Determining whether necessary and, if necessary, issuing invoices for any the services rendered under the Service Contracts; Determining whether necessary and, if necessary, paying value added tax (or its equivalent) in the user’s jurisdiction, maintaining records as required by tax authorities, and submitting records to relevant authorities, as appropriate; and * Upon our request, cooperating with us in any audits by providing information and records about the Service Contracts, business activities, invoices, tax returns, and other financial reports related to the transactions on the Services.

5.4. Feedback

The users may be entitled to leave feedback about other users of the Services in the form of reviews, comments, indicators of satisfaction, or ratings (collectively, the “Feedback”). None of the references provided by us or the users of the Services in relation to any user of the Services, including the Feedback, represents endorsement, certification or guarantee about any user, as well as the information or services provided by that user. The said references are based solely on unverified data that the users voluntarily provide; the Services features references solely for the convenience of the users. We strongly encourage the users not to conclude any Service Contracts if the users have any doubts or concerns pertaining to other users. The users acknowledge and agree that:

The Feedback will be available to all users of the Services and a part of it may also be visible to the Internet users that are not registered on the Services; The Feedback must not contain any false, misleading, defamatory or unlawfully disclosed information; We do not control, monitor, influence, contribute to or censor the Feedback; We are not responsible for the accuracy of the Feedback, even if the information in the Feedback violates these Terms; We reserve the right but are not under any obligation to remove the Feedback that, in our sole judgment, violates these Terms or has an adverse effect on the reputation of the Services or our business interests; and * The Feedback cannot be used for making employment, credit, underwriting, or similar decisions regarding the users.

5.5. Disclosure of proprietary information

The users are solely responsible for the information that the users exchange through the Services or disclose to us, including, without limitation, any confidential or proprietary information. The user hereby recognises, acknowledges and agrees that it is the user’s sole responsibility to obtain all necessary permissions and authorisations to share such information. The user shall not reveal, divulge or make known to any person any information that the user is not authorized to reveal, divulge or make known. We are not liable in any manner for a user’s breach of this section 5.5.

5.6. Checks of the users

The users are solely responsible for carrying out appropriate checks regarding other users, including, without limitation, their relevant trade and industry accreditations, qualifications, legal authorisations, the scope of insurance, and availability schedule prior to concluding the Service Contracts.

5.7. Abuse of the Service Contracts

The users agree to report any abuse related to the Service Contracts without undue delay to us. We reserve the right but are not under any obligation to investigate the reported abuse and impose proportional sanctions on the user suspected to abuse. We shall not be responsible for any late or incorrect reporting of abuse.

5.8. Disputes between the users

We are not responsible for any disputes that arise between the users, nor are we obliged to receive or process complaints against the users of the Services or resolve disputes between the users, unless the complaint concerns the performance of our legal or contractual obligations under these Terms. In case you intend to obtain an order from any arbitrator or any court that might direct us to take any action regarding the dispute, you agree to: (i) give us at least 10 (ten) business days notice of the hearing and (ii) pay to us in full the fees corresponding to the reasonable value of the services to be rendered pursuant to the order.

5.9. Confidential information

The users agree to keep in confidentiality and not to use, disclose or communicate in any manner any proprietary information about the Service Contracts, each other, their officers, directors, employees, contractors, agents, operations, marketing strategies, software, codes, passwords and login information to email accounts, web pages, phone systems, ticket systems, pricing structure, clientele, third parties, or any other proprietary information that relates to the users. The said information is material and confidential.

5.10. Messages

The Contractors agree to keep in confidentiality and protect all information, including, without limitation, communication data and digital files, exchanged through the ‘messages’ functionality available on the Services. On the disclosing party’s request, the receiving party shall promptly destroy or return all confidential information.

5.11. Independent relationship

The users conclude the Service Contracts as independent contractors and not as employees or employers. The relationship between the Owner and the users shall be that of independent contractors and not employees or employers.

5.12. Non-circumvention

Prior to entering into the Service Contracts, the users must use the Services as a sole manner of communicating. A violation of this section 5.12 is a material breach of the Terms and, therefore, the Account may be permanently suspended. Unless allowed otherwise on the Services, the users are not allowed to:

Provide contact details to any user of the Services. The term ‘contact details’ hereinafter should be understood broadly as a means to contact the user, including, without limitation, user’s phone number, email address, social media account, address, a link to a contact form, information about third-party communication tools like Skype, WhatsApp, WeChat, Facebook, Slack, or Viber; Use user’s contact details to attempt to or to contact, communicate with, solicit, or find the contact information about the user outside of the Services; Provide, ask, or attempt to identify contact details of any user through public means; or * Include your contact details into any proposal, job offering, description, message, invitation, or other pre-contractual communication.

5.13. The Service Fees

After the conclusion of the Service Contract and payment of the respective service fees by the user (the “Service Fees”), we will pre-authorize the Service Fees in the buyer’s Account. Upon approval of an order request, (i) we will send the Contractors a confirmatory email containing the information about the approved order, (ii) the respective buyer will be charged the applicable Service Fees, (iii) if applicable, we will be entitled to charge the commission on the Service Fees (the “Commission”) in accordance with section 5.14, and (iv) the Service Fees remaining after the deduction of the Commission will be placed into an escrow of a third-party payment processor until the successful completion of the Service Contract. Should the buyer’s payment method be rejected or payment canceled for any reason whatsoever, the buyer’s order shall not be reserved and will automatically expire.

5.14. The Commission

The Service Fees payable through the Services are subject to the Commission payable by the eligible users to us. The Commission rates and payment terms related thereto are made available on the respective Services or communicated to the users. The Commission rates remain valid for as long as they are indicated on the Services or as communicated to the users. The Commission rates are subject to change with or without a prior notice to the user. Any changes to the Commission rates will be made available on the respective Services and, if necessary, we will request the user to consent to the amendments of the Commission rates. There are three types of Commission that may be charged by us:

Mandatory Commission. The mandatory Commission must be paid under the Service Contracts by the buyers who are not service providers. If the Commission is mandatory, the Commission is deducted automatically from the Service Fees paid by the users through the Services. By concluding a contract with us on the basis of these Terms or any other then-current terms and conditions, the user allows us to deduct the mandatory Commission from all Service Fees payable by the user in accordance with these Terms and the terms and conditions in force at the moment the Service Contract is concluded. Optional Commission. The Commission may be payable by the users who act in the capacity of a service provider (e.g., a freelancer or an agency) buying or purchasing services through the Services, at the sole discretion of such users. The rate or the amount of the optional Commission can be freely defined by the eligible users. If the Commission is optional, the user may, at user’s sole discretion, choose the amount of the Commission payable to us. Transaction fee. We are entitled to charge a small transaction fee on all transactions completed through the Services. The transaction fee shall be specified on the respective Service.

5.15. Withdrawal of funds

After successful completion of the Service Contract, we will transfer the funds generated by the sellers (i.e., if applicable, the Fees minus the Commission) to the seller’s Account within 2 weeks from the completed Service Contract by using our third-party payment processor, provided that the payment processor processes payments in a timely manner; we are not responsible for delays caused by the payment processor. The sellers are responsible for paying any and all applicable transfer costs charged by the payment processor. The seller hereby acknowledges and agrees that:

Any payment made by the buyer to the seller through the Services shall be considered as payment by the buyer directly to the seller; The seller will not charge the buyer any additional fees for the ordered services, unless agreed otherwise between the Contractors; We accept payments from the buyers as a limited payment collection agent and we are not a payment service provider; Our obligation to transfer funds to the sellers is subject to and conditional upon successful completion of the services and receipt of the associated payments of the Service Fees from the buyers; We are not responsible for transferring the funds to the sellers that have not been successfully obtained from the buyers; and * We are entitled to charge the Commission on the Service Fees paid under the Service Contracts.

5.16. Suspension of transfer of funds

We reserve the right, as deemed appropriate and in our sole discretion, to suspend the payouts of the funds to the sellers if any of the following occurs:

We require additional information or verification from the seller (e.g. tax information or proof of identity); We suspect that the Seller has engaged in fraud through the Services or violated the Terms; or We deem it necessary in connection with investigation or upon request of a public authority.

5.17. Reimbursement

We reserve the right, to the extent permitted by the applicable law, to seek reimbursement from the seller or use other remedies available under the applicable law, if any of the following occurs:

We suspect that the seller engaged in fraud associated with payments, withdrawals, or the Service Contract; We discover that the Service Contract is erroneous or duplicated; or We receive a chargeback from the buyer’s payment method, provided that we have complied with our obligations under these Terms.

6. Intellectual Property

6.1. Our Content

Most of the content available on the Services, including all information, source code, data, logos, marks, designs, graphics, pictures, video files, sound files, illustrations, graphics, and similar (collectively, “Our Content”) is owned by us, our partners, agents, licensors, vendors, and/or other content providers. Our Content is protected by applicable intellectual property laws and international treaties. You are not allowed, without obtaining prior written authorisation from us, to copy, distribute, make available, disassemble, make alterations, decompile, reverse engineer, translate, adapt, rent, loan, use, lease or attempt to grant other rights to Our Content to third parties, or use any manual or automated means to scrape any content available on the Services.

6.2. Our brands

You may not use the brands, the word or figurative trademarks associated with the Services or us without our prior consent. You are not allowed to use such brands and trademarks in any way that suggests that we sponsor, endorse, or associate with you without obtaining prior written consent from us.

6.3. Third-party intellectual property

Some of the intellectual property assets, such as third-party trademarks, featured on the Services may be owned by other third parties. Such third-party intellectual property does not belong to us and it remains the property of the respective third-party proprietors.

6.4. Copyright infringement claims

If you have any grounds to believe that any content available on the Services violates your or third party’s intellectual property rights, please contact us and express your concerns or request to remove the allegedly infringing content. We will reply to your copyright infringement claim as soon as possible but no later than 2 weeks. Before sending your claim, please make sure that you sign it and include information that would allow us to locate the allegedly infringing content.

6.5. Your Content

You may upload and submit various content, such as descriptions of your business activities, text messages, photos, videos, links, reviews, comments, files, and personal data (collectively, “Your Content”) through the Services. Please note that some of Your Content may become available to other users of the Services. Therefore, you must (i) exercise your due diligence when uploading Your Content onto the Services, (ii) not to make any sensitive information publicly available to other users of the Services, and (iii) make sure that, by uploading Your Content onto the Services, you comply with these Terms and all applicable laws, including intellectual property laws. You grant us unrestricted, sub-licensable, royalty-free, perpetual, and irrevocable rights to use, distribute, advertise, adapt, remix, modify, publicly display, publicly perform, excerpt, prepare derivative works of, and reproduce Your Content for the purposes of carrying out our legitimate business interests. We reserve the right, at our sole discretion, to refuse to upload, modify, delete, or remove Your Content, in whole or in part, that violates these Terms or may harm the reputation of the Services. Your Content includes your personal views and recommendations. None of Your Content reflects our views, recommendations, endorsement, or any commitments related thereto.

6.6. Reporting inappropriate content

If you think that some of the content available on the Services is inappropriate, infringes these Terms, applicable laws, or your right to privacy, please contact us immediately by email at (info@happyweb.io).

7. Records of Compliance

7.1. Maintaining records

You agree to create and maintain records that document your compliance with the Terms, including, but not limited to, payment obligations and compliance with tax and employment laws. Upon our request, you agree to provide copies of the said records to us or any third parties acting on our behalf. You are solely responsible for creating, maintaining, storing, and backing up your records. Nothing in these Terms is construed as a requirement for us to (i) monitor or assess your compliance with the Terms or the terms of the Service Contracts or (ii) store, backup, retain, or grant access to the records.

8. Warranty Disclaimer

8.1. About warranties

We provide the Services on “as available,” “as is,” and “with all faults” basis. To the extent permitted by the applicable law, we do not make any representations or warranties about the reliability, suitability, and accuracy, for any purpose, of the Services, any content featured on the Services, whether provider by us, the users, or by third parties, and hereby disclaim all warranties regarding the Services and their operation. It is your sole responsibility to verify and assess the fit for the purpose of the Services prior to using them and to decide whether or not the Services fit for the intended use.

8.2. Third-party suppliers

By using the Services, you acknowledge that we may use third-party suppliers to provide software, hardware, storage, networking, and other technological services. The acts and omissions of third-party suppliers may be outside of our reasonable control. To the maximum extent permitted by law, we exclude any liability for any loss or damage resulting from the acts and omissions of such third-party suppliers.

8.3. Statutory rights

Nothing in these Terms shall affect any statutory rights that you are entitled to as a consumer and that you cannot contractually agree to alter or waive.

9. Limitation of Liability

Unless otherwise excluded or limited by the applicable law, we will not be liable for any damages, including, but not limited to, incidental, punitive, special or other related damages, arising out or in connection with your use of the Services, the services provided under the Service Contracts, any content made available through the Services, whether provided by us, the users, or by third parties, or any transactions concluded through the Services.

10. Release

You hereby absolutely and unconditionally release and forever discharge us and any and all participants, parent corporations, subsidiary corporations, affiliated corporations, insurers, indemnitors, successors and assigns thereof, together with all of the present and former directors, officers, agents and employees of any of the foregoing, from any and all claims, demands or causes of action of any kind, nature or description, whether arising in law or equity or upon contract or tort or under any state or federal law or otherwise, which you have had, now has or have made claim to have against any such person for or by reason of any act, omission, matter, cause or thing whatsoever arising from the beginning of time to and including the date of these Terms, whether such claims, demands and causes of action are matured or unmatured or known or unknown.

11. Indemnification

You hereby agree to indemnify, defend, save, and hold harmless us, our members, officers, directors, and other agents from and against all claims, liabilities, causes of action, damages, judgments, attorneys’ fees, court costs, and expenses which arise out of or are related to your use of the Services, the Service Contracts, violation of the rights of a third party, failure to perform as required, or result form conduct while engaging in any activity outside the scope of these Terms before, during or after the termination of the Terms. This obligation of indemnification survives the expiration or termination of the Terms. You agree to cooperate with any and all litigation arising from or related to the Services, as appropriate.

12. Term and Termination

12.1. Term

The Terms shall commence on the day the user accepts it or starts using the Services and continue until the user ceases to use the Services (e.g., by deleting the Account), unless terminated earlier by us.

12.2. Termination

We reserve the right, at our sole discretion, with or without a notice to the user, to terminate the Terms. The Terms shall be terminated automatically if the user breaches any provision of the Terms.

12.3. Amendments

We reserve the right to modify the Terms at any time, effective upon posting of an updated version on the Services. Such amendments may be necessary due to the changes in the requirements of laws, regulations, new features of the Services, or our business practices. We will send you a notification (if we have your email address) about any material amendments to the Terms that may be of importance to you. You are responsible for regularly reviewing the Terms to stay informed. Your continued use of the Services after any changes shall constitute your consent to such changes. We also reserve the right to modify, suspend, or terminate the Services at any time, at our sole discretion.

12.4. Account data on closure

Unless required otherwise by law, we shall disable your access to the Account and any data related thereto (including, without limitation, your messages, files, or any content store) upon closure of the Account for any reason. We will not have any liability whatsoever for your inability to access the Account and the said data.

12.5. Survival

After termination of the Terms, the provisions of the Terms that expressly or by their nature contemplate performance after the Terms terminate or expire will survive and continue in full force and effect.

13. Disputes Between You And Us

13.1. Dispute Resolution

You agree to resolve any disputes arising out of or relating to these Terms by means of negotiation with us. If the dispute cannot be resolved by means of negotiation, the dispute shall be submitted to the binding online arbitration. If you use the Services as a consumer, nothing in these Terms shall affect any statutory rights that you are entitled to as a consumer and that you cannot contractually agree to alter or waive.

13.2. Governing Law

This Agreement shall be governed and construed in accordance with the laws of France, without regard to its conflicts of law provisions.

13.3. Alternative dispute resolution (ADR)

ADR body acts as an independent middleman between an Internet service provider and a customer when an initial complaint cannot be resolved. You do not need (but may opt for) legal assistance or representation to take your case to an ADR scheme. The ADR body investigates complaints by looking at consumer’s and Internet service provider’s arguments and comes to a decision it deems to be fair. More information on the online ADR platform provided by the European Commission (for traders and consumers based in the European Union) is available at https://ec.europa.eu.

14. Final Provisions

14.1. Entire agreement

These Terms, together with the documents referred to therein, represent the entire agreement between you and us regarding your relationship with us.

14.2. Waiver

A failure of either party to the Terms to enforce a provision of the Terms shall in no event be considered a waiver of any part of such provision. No waiver by either party of any breach or default by the other party shall operate as a waiver of any succeeding breach or other default or breach by such other party. No waiver shall have any effect unless it is specific, irrevocable and in writing.

14.3. Assignability

You are not allowed to assign your rights under the Terms. We are entitled to transfer our rights and obligations under the Terms entirely or partially to a third party by giving a prior notice to you. If you do not agree to the transfer, you can terminate the Terms with immediate effect by deleting the Account and stopping to use the Services.

14.4. Severability

To the extent that any provision of the Terms is deemed unenforceable, all remaining provisions of the Terms shall not be affected thereby and shall remain in full force and effect.

14.5. Force majeure

The availability of the Services may be affected by factors, which we cannot reasonably control, such as bandwidth problems, equipment failure, acts and omissions of our third-party service providers, or force majeure events; we take no responsibility for the unavailability of the Services caused by such factors.

14.6. Prevailing language

The English language version of the Terms will be controlling in all respects and will prevail in case of any inconsistencies with translated versions.

14.7. Electronic records

Any notices related to your use of the Services shall be delivered electronically and not in paper form. You hereby agree to receive the said notices in electronic form.

15. Contact

Email address: info@happyweb.io

Mail address: Happyweb Consulting SAS, 1400 Rue de la castelle, 34070 Montpellier VIR-0178, France

Company number: R.C.S. Montpellier 817 706 195 00010

VAT number: FR43817706195

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