The terms and conditions are applicable to all users, including both Administrative Users and Members. The terms, “you” and “users” encompass all users. You acknowledge that these Terms and Conditions is a contract between you and Happymeter, even though it is electronic and is not physically signed by you and Happymeter, and it governs your use of the Service.
The “Service(s)” means (a) Happymeter’s employee survey, data archiving and data analysisservices and related systems and technologies, as well as the website http://happymeter.lol/ (the “Site”), and (b) all software applications, data, reports, text, images, and other content made available by or on behalf of Happymeter.
Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access. You may not use content from our Services unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our Services.
An Account is required to use most of our Services. You may create your own Happymeter Account, or your Happymeter Account may be assigned to you by an administrator, such as your employer. If you are using a Happymeter Account assigned to you by an administrator, different or additional terms may apply and your administrator may be able to access or disable your account.
If you open an account on behalf of a company, organization, or other entity, then (a) "you" includes you and that entity, and (b) you represent and warrant that you are authorized to grant all permissions and licenses provided in these Terms and bind the entity to these Terms, and that you agree to these Terms on the entity's behalf. Some of our Products may be software that is downloaded to your computer, phone, tablet, or other device. You agree that we may automatically upgrade those Products, and these Terms will apply to such upgrades.
We care about the security of our users. While we work to protect the security of your content and account, Happymeter cannot guarantee that unauthorized third parties will not be able to defeat our security measures. Please notify us immediately of any compromise or unauthorized use of your account.
To protect your account, keep your password confidential. You are responsible for the activity that happens on or through your Happymeter Account.
As part of the registration process, you will identify an Owner’s user name (in the form of an email address) and password for your account. You may use these credentials to invite individuals to become Administrative Users and Members (each with their own password) under your account.
To the extent you use a Service plan that is made available for a fee, you will be required to select a payment plan and provide accurate information regarding your credit card or other payment instrument. You will promptly update your account information with any changes in your payment information. You agree to pay Happymeter in accordance with the terms set forth on the Site and this Terms and Conditions, and you authorize Happymeter or its third-party payment processors to bill your payment instrument in advance on a periodic basis in accordance with such terms.
If you dispute any charges you must let Happymeter know within sixty (60) days after the date that Happymeter invoices you. All amounts paid are non-refundable and we reserve the right to change our prices in the future. If we increase our prices for your Service plan, we will provide notice of the change on the Site and in email to you at least 30 days before the change is to take effect. Your continued use of the Service after the price change goes into effect constitutes your agreement to pay the changed amount. Happymeter may choose to bill you through an invoice, in which case, full payment for invoices issued must be received by the date specified in the invoice. Past due fees are subject to a finance charge of 1.5% per month on any outstanding balance, or the maximum permitted by law, whichever is lower, plus all expenses of collection.
We are constantly changing and improving our Services. We may add or remove functionalities or features, and we may suspend or stop a Service altogether.
You can stop using our Services at any time. Happymeter may also stop providing Services to you, or add or create new limits to our Services at any time. We reserve the right to deactivate and delete your account (or the access privileges of any Member) and terminate this contract at any time for any reason, or no reason, with or without notice. Without limiting the foregoing, Happymeter may, in its sole discretion, publish policies whereby we delete your account for prolonged inactivity. Upon any termination of this Terms and Conditions, we will have no obligation to maintain or provide Your Data.
There are certain things that we don’t promise about our Services.
OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER HAPPYMETER NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTIONS OF THE SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS.
WE PROVIDE THE SERVICES “AS IS”.
SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.
WHEN PERMITTED BY LAW, HAPPYMETER, AND HAPPYMETER’S SUPPLIERS AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.
TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF HAPPYMETER, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES (OR, IF WE CHOOSE, TO SUPPLYING YOU THE SERVICES AGAIN).
IN ALL CASES, HAPPYMETER, AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
EXCEPT IF YOU OPT OUT AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND HAPPYMETER WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU ARE WAIVING YOUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.
Informal Resolution. We will first try to resolve any Claim informally. Accordingly, neither of us may start a formal proceeding (except for Claims described in Section 10.4 below) for at least 30 days after one of us notifies the other of a Claim in writing. Notice of the Claim will include a brief written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the dispute, claim, or controversy and the relief requested. You will send your notice by email to [email protected]. For Administrative Users, we will send our notice to the email AND U.S. mailing address associated with your account. For Members, we will send your notice by email to the email address associated with your Member account.
Formal Resolution. If we cannot resolve a Claim informally, any Claim either of us asserts will be resolved only by binding arbitration and not in courts of general jurisdiction. ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JURY TRIAL. You may, in arbitration, seek any and all remedies otherwise available to you pursuant to your state’s law.