Welcome to Happy5!
This agreement sets forth the terms and conditions governing your use of all Happy5 content, websites, products, applications, and services (“the Services”). Please take time to read over the terms defined below before entering into a legally binding agreement. When you use the Services, you understand and agree to this Terms of Service, which governs your relationship with Happy5 Pte. Ltd. ("Happy5") and has the same effect as an agreement in writing.
If you do not agree to these and all of these Terms of Service, do not use the Services.
If you will be using the Services on behalf of an organization, you agree to these Terms on behalf of that organization and you represent that you have the authority to do so. In such case, “you” and “your” will refer to that organization.
If you are located outside of Singapore & Indonesia and wish to use the Services, certain country-specific terms may be applicable to you (Section 15). Since Happy5 operates in Singapore & Indonesia only and it is not possible for Happy5 to prevent anyone outside of Singapore & Indonesia from using the Services, it is your responsibility to make sure that you comply with all applicable laws and regulations in your country or region during your use of the Services.
When you use the Services, you are entering into a legal agreement and you agree to all of these terms. You also agree to our Privacy Policy, which covers how we collect, use, share, and store your information. You can read more about Privacy Policy here.
You agree that by clicking “Create account”, “Sign up”, “Sign in”, “Email My Invite”, or similar, such as registering, signing in, accessing, or using the Services, you are entering into a legally binding agreement (even if you are using the Services on behalf of a company). Your agreement is with Happy5 Pte. Ltd.
This “Agreement” includes this Terms of Service agreement and Privacy Policy, and other terms governing the use of specific Happy5 products or features (e.g., the use of Happy5 API), may be amended by Happy5 from time to time. You understand and agree that if you use any Services after the date on which these terms have changed, you will be deemed to have accepted the updated terms.
If you do not agree to this Agreement, do NOT click “Create account” (or similar) and do not access or use any of the Services.
This Agreement applies to registered users of the Services as well as to unregistered visitors.
In the course of using the Services, you may submit content to Happy5 (including your personal data and the personal data of others) or third parties may submit content to you through the Services (all of the above will be referred to as your “Content”). We know that by giving us your Content, you are trusting us to treat it appropriately. Happy5’s Privacy Policy, detail how we treat your Content (including your personal data) and we agree to adhere to those privacy policies. You in turn agree that Happy5 may use and share your Content in accordance with the Happy5 privacy policies and applicable data protection laws. If you are a customer who is operating as “data controller” as defined in the European General Data Protection Regulation 2016/679 (“GDPR”) we have added some additional terms below in Section EU2 to address your obligations under this law. You also agree that you are responsible for notifying these third parties who submit content to you through our Services about the Happy5 privacy policies.
Happy5 may disclose your Content when required by law or legal process, but only after Happy5, if permitted by law, uses commercially reasonable efforts to notify you to give you the opportunity to challenge the requirement to disclose.
Happy5 will store and process your Content in a manner consistent with industry security standards. Happy5 has implemented appropriate technical, organizational, and administrative systems, policies, and procedures designed to help ensure the security, integrity, and confidentiality of your Content and to mitigate the risk of unauthorized access to or use of your Content.
You can read more about Privacy Policy here.
You retain ownership of all of your intellectual property rights in your Content. These Terms do not grant us any licenses or rights to your Content except for the limited rights needed for us to provide the Services, and as otherwise described in these Terms.
You grant Happy5 a worldwide, royalty free license to use, reproduce, distribute, modify, adapt, create derivative works, make publicly available, and otherwise exploit your Content, but only for the limited purposes of providing the Services to you and as otherwise permitted by the Happy5 privacy policies. This license for such limited purposes continues even after you stop using our Services, with respect to aggregate and de-identified data derived from your Content and any residual backup copies of your Content made in the ordinary course of Happy5’s business. This license also extends to any trusted third parties we work with to the extent necessary to provide the Services to you. If you provide Happy5 with feedback about the Services, we may use your feedback without any obligation to you.
Happy5 may identify you (by name and logo) as a Happy5 Services customer on Happy5 website and on other promotional materials. Any goodwill arising from the use of your name and logo will inure to your benefit.
Happy5 Pte. Ltd. responds to notices of alleged copyright infringement in accordance with the World Intellectual Property Organization (WIPO). If you believe that your work has been exploited in a way that constitutes copyright infringement, you may notify Happy5’s agent for claims of copyright infringement.
Happy5 respects the intellectual property rights of others, and we expect our users to do the same. If you believe a Happy5 user is infringing upon your intellectual property rights, you may report it through our online form. Claims of copyright infringement should follow the DMCA process outlined in these Terms, or any equivalent process available under local law.
The Services display content provided by others that is not owned by Happy5. Such content is the sole responsibility of the entity that makes it available. Correspondingly, you are responsible for your own Content and you must ensure that you have all the rights and permissions needed to use that Content in connection with the Services. Happy5 is not responsible for any actions you take with respect to your Content, including sharing it publicly. Please do not use content from the Services unless you have first obtained the permission of its owner, or are otherwise authorized by law to do so.
You acknowledge that, in order to ensure compliance with legal obligations, Happy5 may be required to review certain content submitted to the Services to determine whether it is illegal or whether it violates these Terms (such as when unlawful content is reported to us). We may also modify, prevent access to, delete, or refuse to display content that we believe violates the law or these Terms. However, Happy5 otherwise has no obligation to monitor or review any content submitted to the Services.
Happy5 may publish links in its Services to internet websites maintained by third parties. Happy5 does not represent that it has reviewed such third party websites and is not responsible for them or any content appearing on them. Trademarks displayed in conjunction with the Services are the property of their respective owners.
If you have been issued an account by Happy5 in connection with your use of the Services, you are responsible for safeguarding your password and any other credentials used to access that account. You, and not Happy5, are responsible for any activity occurring in your account (other than activity that Happy5 is directly responsible for which is not performed in accordance with your instructions), whether or not you authorized that activity. If you become aware of any unauthorized access to your account, you should notify Happy5 immediately. Accounts may not be shared and may only be used by one individual per account.
Happy5 occasionally sends notices to the email address registered with your account. You must keep your email address and, where applicable, your contact details and payment details associated with your account current and accurate. Accounts are controlled by the entity whose email address is registered with the account.
Happy5 is not a storage service. You agree that we have no obligation to store, maintain or provide you a copy of any content or information that you or others provide, except to the extent required by applicable law, as noted in our Privacy Policy, or specified in a paid service agreement you have paid for. You are responsible for maintaining, protecting, and making backups of your Content. To the extent permitted by applicable law, Happy5 will not be liable for any failure to store or display, or for loss or corruption of, your Content.
We may change, suspend, or end any Service, or change and modify prices prospectively in our discretion. To the extent allowed under law, these changes may be effective upon notice provided to you.
Happy5 may terminate your account and delete any content contained in it if there is no account activity (such as a log in event or payment) for over 12 months. However, we will attempt to warn you by email before terminating your account to provide you with an opportunity to log in to your account so that it remains active.
Happy5 may assign you a customer success manager, who may review your use of the Services and your Content to help you to more effectively use the Services, including by providing reporting and usage insight.
You are eligible to enter into this Agreement and you are at least our “Minimum Age” (defined below).
However, if law requires that you must be older in order for Happy5 to lawfully provide the Services to you (including the collection, storage and use of your information) then the Minimum Age is such older age. The Services are not for use by anyone under the age of 14. By using the Services, you represent and warrant that you meet the “Minimum Age” requirement.
If you are an individual, you may only use the Services if you have the power to form a contract with Happy5. If you do not have the power to form a contract, you may not use the Services. If you are not an individual, you warrant that you are validly formed and existing under the laws of your jurisdiction of formation, that you have full power and authority to enter into these Terms, and that you have duly authorized your agent to bind you to these Terms.
You may only use the Services if you are not barred under any applicable laws from doing so. If you are located in a country embargoed by Singapore or other applicable law from receiving the Services, or are on the Singapore Department of Commerce’s Denied Persons List or Entity List, or the Singapore Treasury Department’s list of Specially Designated Nationals, you are not permitted to purchase any paid Services from Happy5. You will ensure that: (a) your end users do not use the Services in violation of any export restriction or embargo by Singapore Government; and (b) you do not provide access to the Services to persons or entities on any of the above lists.
You grant us permissions to use our websites and email to provide you with important notices. Also, you agree certain additional information can be shared with us.
If you do not agree to these and all of these Terms of Service, do not use the Services.
When you share information, others can see, copy and use that information.
The Services allow sharing of information to the third-party sites, such as deploying your created chats/interviews to your Facebook page or Slack team space. Where we have made settings available, we will honor the choices you make. Accordance with your settings, you are fully responsible for complying with the usage policies of your specified destination sites.
When you see or use others' content and information posted on the Services, it's at your own risk.
Third parties may offer their own products and services through Happy5, and we aren't responsible for those third-party activities.
By using the Services, you may encounter content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive, or otherwise harmful. Happy5 generally does not review content provided by our users. You agree that we are not responsible for third parties' (including other users’) content or information or for any damages as result of your use of or reliance on it.
You are responsible for deciding if you want to access or use third party apps or sites that link from the Services. If you allow a third party app or site to authenticate you or connect with your Happy5 account, that app or site can access information on Happy5 related to you and your information. Third party apps and sites have their own legal terms and privacy policies, and you may be giving others permission to use your information in ways we would not. Except to the limited extent it may be required by applicable law, Happy5 is not responsible for these other sites and apps—use these at your own risk.
We have the right to limit how you connect and interact on the Services. We're providing you notice about our intellectual property rights.
Happy5 reserves the right to limit your use of the Services, including the amounts of content you can upload for analyses. Happy5 reserves the right to restrict, suspend, or terminate your account if Happy5 believes that you may be in breach of this Agreement or law or are misusing the Services (e.g., violating any Do and Don'ts).
Happy5 reserves all of its intellectual property rights in the Services. For example, current and future Happy5 logos and other Happy5 trademarks, service marks, graphics, and logos used in connection with Happy5 are trademarks or registered trademarks of Happy5. Other trademarks and logos used in connection with the Services may be the trademarks of their respective owners.
This is our disclaimer of legal liability for the quality, safety, or reliability of the Services.
TO THE EXTENT ALLOWED UNDER LAW, Happy5 Pte. Ltd. (A) DISCLAIMS ALL IMPLIED WARRANTIES AND REPRESENTATIONS (E.G. WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF DATA, AND NONINFRINGEMENT); (B) DOES NOT GUARANTEE THAT THE SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS, AND (C) PROVIDES THE SERVICE (INCLUDING CONTENT AND INFORMATION) ON AN “AS IS” AND “AS AVAILABLE” BASIS.
SOME LAWS DO NOT ALLOW CERTAIN DISCLAIMERS, SO SOME OR ALL OF THESE DISCLAIMERS MAY NOT APPLY TO YOU.
These are the limits of legal liability we may have to you.
TO THE EXTENT PERMITTED UNDER LAW (AND UNLESS Happy5 Pte. Ltd. HAS ENTERED INTO A SEPARATE WRITTEN AGREEMENT THAT SUPERSEDES THIS AGREEMENT), Happy5 Pte. Ltd. (AND THOSE THAT Happy5 Pte. Ltd. WORKS WITH TO PROVIDE THE SERVICES) SHALL NOT BE LIABLE TO YOU OR OTHERS FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, OPPORTUNITIES, REPUTATION, PROFITS OR REVENUES, RELATED TO THE SERVICES (E.G. OFFENSIVE OR DEFAMATORY STATEMENTS, DOWN TIME OR LOSS, USE OR CHANGES TO YOUR INFORMATION OR CONTENT).
IN NO EVENT SHALL THE LIABILITY OF Happy5 Pte. Ltd. (AND THOSE THAT Happy5 Pte. Ltd. WORKS WITH TO PROVIDE THE SERVICES) EXCEED, IN THE AGGREGATE FOR ALL CLAIMS, AN AMOUNT THAT IS THE SAME AS (A) THE MOST RECENT MONTHLY OR YEARLY FEE THAT YOU PAID FOR A PREMIUM SERVICE, IF ANY, OR (B) ONE HUNDRED U.S. DOLLARS.
THIS LIMITATION OF LIABILITY IS PART OF THE BASIS OF THE BARGAIN BETWEEN YOU AND Happy5 Pte. Ltd. AND SHALL APPLY TO ALL CLAIMS OF LIABILITY (E.G. WARRANTY, TORT, NEGLIGENCE, CONTRACT, LAW) AND EVEN IF Happy5 Pte. Ltd. HAS BEEN TOLD OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF THESE REMEDIES FAIL THEIR ESSENTIAL PURPOSE.
SOME LAWS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SO THESE LIMITS MAY NOT APPLY TO YOU.
If you are a business, you will indemnify and hold harmless Happy5 and its affiliates, officers, agents, and employees from all liabilities, damages, and costs (including settlement costs and reasonable attorneys’ fees) arising out of a third party claim regarding or in connection with your or your end users’ use of the Services or breach of these Terms, to the extent that such liabilities, damages and costs were caused by you or your end users.
We may modify this Agreement from time to time. If you do not agree to the changes, stop using the Services (and remember to cancel any fee-based services) before the changes take effect. Your use of the Service after the effective date of any changes means that you agree to the changes. We may also, in the future, offer new services and/or features through the Services. Such new features and/or services shall be subject to the terms and conditions of this Agreement and any supplemental terms that accompany the new features.
We can each end this Agreement anytime we want.
You can contact us to learn how to close your Happy5 account. See the contact information at the end of this Agreement.
In the unlikely event we end up in a legal dispute, it will take place in Singapore courts, applying Singapore law.
You agree that the laws of the Singapore Government, excluding its conflict of laws rules, shall exclusively govern any dispute relating to this Agreement and/or the Services. We both agree that all of these claims can only be litigated in the federal or state courts of DKI Jakarta, Singapore, and we each agree to personal jurisdiction in those courts.
Here are some important details about how to read the Agreement.
If a court with authority over this Agreement finds any part of it not enforceable, you and us agree that the court should modify the terms to make that part enforceable while still achieving its intent. If the court cannot do that, you and us agree to ask the court to remove that unenforceable part and still enforce the rest of this Agreement. To the extent allowed by law, the English version of this Agreement is binding and other translations are for convenience only. The terms in this Agreement (including additional terms that may be provided by us when you engage with a feature of the Services) constitute the entire agreement and is the only agreement between you and Happy5 regarding the Services and supersedes all prior agreements for the Services. Any terms and conditions appearing on a purchase order or similar document issued by you do not apply to the Services, do not override or form a part of these Terms, and are void.
If we do not act to enforce a breach of this Agreement, that does not mean that Happy5 has waived its right to enforce this Agreement. You may not assign or transfer this Agreement (or your use of Services) to anyone without our consent. However, you agree that Happy5 may assign this Agreement to its affiliates or a party that buys it without your consent. There are no third party beneficiaries to this Agreement.
The relationship between you and Happy5 is that of independent contractors, and not legal partners, employees, or agents of each other.
The use of the terms “includes”, “including”, “such as”, and similar terms, will be deemed not to limit what else might be included.
We reserve the right to change the terms of this Agreement. If we do and we agree that changes cannot be retroactive. If you do not agree to these changes, you must stop using the Services. You agree that the only way to provide us legal notice is at the addresses provided in Section XIV.
These Terms are prepared and written in English. To the extent that any translated version conflicts with the English version, the English version controls, except where prohibited by applicable law.
If you are located in one of the following locations, the terms thereunder apply. Since Happy5 currently operates in Singapore only and all its data storage and processing will be performed in Singapore, you may not be allowed to use or subscribe to any of the Services.
While we will do our best to comply with relevant data privacy/security terms such as the GDPR terms for customers located in EU, we request you to contact us first before you use any of the Services if you are located outside of Singapore.
AU1. ACL. Nothing in these Terms will restrict, exclude, or modify, or purport to restrict, exclude, or modify, any statutory consumer rights under the Competition and Consumer Act 2010 (CCA).
These additional terms will apply to you from May 25, 2018, where you are a customer of Happy5 Europe UC and are operating as a “data controller” (as that term is defined in the GDPR) in your use of the Services.
The terms “personal data,” “data subject,” “processing,” and “processor” shall have the meanings given to those terms respectively in the GDPR.
By requesting the Services and agreeing to these Terms and the Happy5 privacy policies, you are providing us with instructions to process any personal data collected by you through the Service, on your behalf.
Happy5 has implemented appropriate technical and organizational measures to ensure a level of security appropriate to the risk of unauthorized or unlawful processing, accidental loss of and/or damage to your personal data.
If Happy5 becomes aware of any unauthorized or unlawful access to, or acquisition, alteration, use, disclosure, or destruction of, personal data (“Security Incident”), Happy5 will take reasonable steps to notify you without undue delay, but in any event within 72 hours of becoming aware of the Security Incident. Happy5 will also reasonably cooperate with you with respect to any investigations relating to a Security Incident with preparing any required notices, and provide any other information reasonably requested by you in relation to any Security Incident, where such information is not already available to you in your account or online through updates provided by Happy5.
Since Happy5 operates only in Singapore, all data are transferred and processed in Singapore. To the extent applicable, you appoint Happy5 as your agent for purposes of entering into any standard contractual clauses for such purposes on your behalf under these Terms.
The parties’ respective aggregate liability whether in contract, tort (including negligence), breach of statutory duty, or otherwise for any and all claims arising out of or in connection with this Section EU2 shall be as set out in these terms, unless otherwise agreed in writing.
We respect the intellectual property rights of others. We require that information posted by users be accurate and not in violation of the intellectual property rights or other rights of third parties. We provide a policy and process for complaints concerning content posted by our users.
By submitting feedback and suggestions, you grant a non-exclusive, perpetual, irrevocable, and royalty- free license to any intellectual property rights you may have in your feedback and suggestions to Happy5 to use to improve any Happy5 products or services. You acknowledge that your submission of feedback and suggestions is voluntary and that Happy5 may already be considering or developing technology that is the same as or similar to your feedback or suggestions. Any Happy5 products or services will be owned exclusively by Happy5 even if incorporating your feedback and suggestions.