Terms of Service

Updated on: 7/29/2019

 

Definitions

 

In these Terms of Service, the following terms are employed with the meanings set out below: 

 

Account: The Member’s dedicated personal area within the Application, which he or she accesses when he or she registers and connects to the Application. It enables the Member to access the Services. A Member may only have one Account.

Application: The HAPPN application, available on the Apple App Store and the Google Play Store.

Crush: An event that is created between two profiles, triggered by a Like on both profiles. It represents mutual interest and sends out a “You have a Crush” notification, allowing Members to start a conversation.

CrushTime: A game for which no purchase necessary to play, offered by HAPPN via a notification to the Member. For each hand, guess which person Liked you from a board of four profiles.

Facebook Connect: A feature enabling Members to use their Facebook account to log in to the Application, in order to simplify the registration process.

Female Members: Members registered on the Application as female.

HAPPN: HAPPN, a French joint stock company (Société par Actions Simplifiée) with paid-in capital of €36,982.92 registered with the Paris RCS (trade and companies registry) under no. 535 217 723, and owner and sole operator of the HAPPN application and trademark.

HAPPN Premium: All charged Services offered by HAPPN in the form of a subscription whose duration is chosen by the Member. 

Hello (Chat request): Non-confidential function suggested before and/or after the Like which triggers a notification to the Member to whom you’re sending it and constitutes an invitation to chat with this person.

Like: An action represented by a heart, expressing interest. This function is confidential and no notification is sent unless the “Like” is reciprocated.

Male Members: Members registered on the Application as male.

Map (Mapping): A map that allows you to find Members with whom you’ve crossed paths.

Member: A person registered with the Application. 

Messages and voice messages: Only Members who have a Crush can use the Application’s “Chat” function to send each other Messages. Messages are stored in the inbox, which is accessible via the icon on the top right of the homepage.

Packs: Bundles of Hellos purchased by Members.

Pass: An action represented by a cross, expressing a lack of interest. This function is confidential and no notification is sent. “Passed” profiles will not appear on the Member’s timeline in the future, but could however be found again on the Map.

Premium Member: A Member who has a HAPPN Premium subscription.

Services: All services, whether charged or free-of-charge, offered by HAPPN to encourage virtual or real-life meet-ups between Members who have crossed paths and who have a mutual interest in one another, according to the selected search criteria.

TOS: These Terms of Service.

 

 

Article 1: Scope 

 

The TOS define the rights and obligations of the parties when using the Application. They form the basis of the contractual relationship between the Member and HAPPN.

 

1.1 Conflicting Rules

 

These Terms of Service (TOS) determine the main rules of use for the Application. They are supplemented by additional policies – the Privacy Policy, the Cookies Use Policy and the Confidence Charter – in order to provide the Member with clearer guidance on how to use the Application. In the event of a conflict between the various policies making the rules inaccessible, unintelligible and/or unpredictable, these TOS shall prevail over the Privacy Policy, the Cookies Use Policy and the Confidence Charter. 

 

1.2 Independence of Provisions

 

Should any provision of these TOS be declared invalid or inapplicable due to the effects of a law, regulation or ruling by a court with relevant jurisdiction, the other provisions shall remain effective and in force, unless these TOS become distorted, or the obligations of the parties significantly thrown out of balance. 

 

 

Article 2: Amendments to the TOS

 

2.1 Updates

 

HAPPN reserves the right, unilaterally and at any time, to add to or amend these TOS as it sees fit or to terminate the Services. 

The Member will be informed of updates to the TOS via the Application and/or by email sent to the address provided by the Member. It is the Member’s responsibility to ensure that this email address is valid.

It is the Member’s responsibility to carefully read the updated TOS and to be fully aware of any changes ensuing from said updates.

Complete acceptance of the changes is implied by the Member’s continued use of the Application’s Services following the updates.

Should the Member not agree with changes made to the TOS, he or she has the option to end the Services and delete his or her Account as per Article 15.3.

 

2.2 Immediate Effect

 

All new versions of the TOS shall be effective immediately for all Members.

 

 

Article 3: Governing Law and Dispute Resolution

 

3.1 Governing Law

 

These TOS shall be governed by French law, exclusive of its conflict of laws rules.  

 

3.2 Dispute Resolution

 

In the case of dispute, the Member agrees to contact HAPPN directly in writing (by email or letter, to the email or postal address provided in article 16 hereof) prior to taking any judicial or extra-judicial action, in order to try and find an amicable settlement to this dispute.

In the case of failure, the Member is informed that he or she may choose to have recourse to mediation, free of charge, and submit its dispute to the Online Dispute Resolution platform proposed by the European Commission, which may be accessed at the following address: http://ec.europa.eu/consumers/odr/.

Any challenge or dispute related to the formation, interpretation, performance or expiry of these TOS or in any connection therewith which has not been amicably settled shall be submitted to the relevant courts of Paris (France).

 

 

Article 4: Registration

 

4.1 Application Download Options

 

The Application is available on the Apple and Google official download platforms. It can be downloaded free-of-charge from the Apple App Store and the Google Play Store, on iPhones running version iOS 8 or higher, and Android Smartphones running version 5 or higher. 

 

4.2 Member’s Rights when Registering

 

Provided that the required conditions for Member status are met, HAPPN shall assign the Member a personal Account, which includes:

•    A profile page 

•    An inbox

•    A “notifications” option

A Member may only have one Account.

 

4.3 Obligations of the Member when Registering

 

The Member must be over the age of 18, and must guarantee that all information provided when registering is true and up-to-date. 

Registration can be done in two ways:

- via the Facebook Connect: the social network enables HAPPN to use the Member’s profile photo, first name, age calculated based on date of birth and interests in order to create a “profile” page.  Consequently, the Member must check the accuracy of his or her Facebook  information before registering with the Service.

- via a cell phone number: in this case, no information on the Member may be automatically retrieved and it is his or her responsibility to supply personal information such as first and last name, sex, date of birth as well as other additional information if desired and one or more personal photos at the time of registration. 

 

Upon registration, the Member accepts these TOS and the Privacy Policy and agrees to fulfill his or her obligations, and particularly those set out in the Member Code of Conduct defined in Article 8 of these TOS.

 

 

Article 5: Services and Features

 

5.1 Purpose of the Service

 

The Application provides HAPPN Members with a user-friendly setting in which to contact other Members in the same area or Members with whom they have crossed paths in the past, in order to set up virtual or real-life meetings for personal and recreational purposes. Each Member is free to talk to and form relationships with other Members in compliance with these TOS and the law.

The Services offered by HAPPN may in no case be likened to a counseling or marriage bureau service. Its sole aim is to facilitate virtual or real-life meet-ups through the Application between Members with mutual interests, according to their locations and preferences.

 

5.2 Services for Members

 

Some of HAPPN’s services are available on the Application free of charge (apart from connection and telecommunications costs) for Members who agree to comply with these TOS, including:

• Sending of confidential Likes.

• Sending of Messages and voice messages when one has a Crush.

• Viewing of other Members’ profiles.

• Passing an unlimited number of profiles.

• Playing CrushTime.

• Confidentially blocking all Members whose conduct justifies such an action.

• Confidentially reporting all Members whose conduct is contrary to the TOS or applicable law.

• Viewing the list of Members previously passed or blocked.

• Locating the points at which you’ve crossed paths with Members.

• Accessing the list of Members with whom he or she has crossed paths during the use of the Application.

• Accessing suggested profiles.

• Using the integrated music streaming platform.

• Configuring his or her search criteria.

• Receiving notifications.

• Inviting friends.

• Consulting the FAQ and Tutorials.

• Finding out how many Hellos and Crushes he or she has received without these figures being visible to other Members.

• Completing his or her profile in compliance with the TOS.

• Deleting Messages and voice messages.

Charged services provided via the Application are available to Members after purchasing a Pack or a HAPPN Premium subscription, the conditions of which are set out in article 9.1. 

 

 

Article 6: Protection of Personal Data

 

HAPPN is very concerned with the protection of your personal data and the respect of your privacy. We suggest that you read our Privacy Policy and our Confidence Charter carefully to better understand how we process your personal data, available by clicking on the following links: 

Privacy Policy

Confidence Charter

 

 

Article 7: HAPPN’s Obligations and Liability

 

7.1 Technical Resources and Security

 

HAPPN agrees to provide the infrastructure and technical resources to provide a high-quality service to Members with an iPhone device running operating system version iOS 8 or higher, an Android Smartphone running version 5 or higher.

HAPPN cannot be held liable for any operating fault on the Member’s device or for any compatibility issue between the Application and the device.

In addition, every effort is made to ensure that the risks of fraudulent access to HAPPN’s system are minimized.  In this respect, HAPPN uses a firewall or equipment located between the Internet and the company’s private network, in order to make its security more robust by filtering traffic to and from the internet. It is, however, impossible to fully guarantee the security of a network. 

HAPPN is not responsible for any failures, interruptions or poor performance of the Member’s internet provider Services, or for any cause beyond HAPPN’s control which might interrupt or have an adverse effect on access to HAPPN Services.

The Member must have access to a secure email account. If such a precaution is not taken, or even if it is, while this probability remains low, the Member’s Account may be vulnerable to fraud. 

HAPPN shall also endeavor to avert Members of any exceptional risk of receiving spam Messages or Messages claiming to have been sent by HAPPN. The Member must be attentive and vigilant in order to avoid being the victim of scams and report any of the above circumstances to HAPPN by sending a letter or email to the address provided in Article 16 hereof.

 

7.2 Illegal Conduct  

 

HAPPN and its partners cannot be held liable for actions by its Members which are illegal or which incur criminal penalties, including but not limited to:

• All types of scams, 

• All activities of a commercial or professional nature,

• Prostitution,

• Identity theft,

• An infringement of a third-party intellectual property right,

• An infringement of personal rights, such as image rights and the respect of the right to privacy. 

 

7.3 Reporting and Community Moderation System

 

As a hosting provider and pursuant to Article 6.I-7 of the French Trust in the Digital Economy Act of June 21, 2004, HAPPN has no legal obligation to monitor the content sent or stored via the Application.

However, according to Article 6.I-3 of this law, as a hosting provider, HAPPN must set up a reporting and community moderation system in order to report some unlawful, abusive and prejudicial content.

In such case and after due verification by Customer Service, HAPPN commits to promptly remove the said content.

Pursuant to Article 6.I-5 of the French Trust in the Digital Economy Act: the knowledge of illicit content is deemed effective when the hosting provider is notified of following:

• The notification date

• The content transmitter’s identity

• The description of the facts in contention (possibly with screen shots of the content)

• As well as the reasons for which the content must be removed.

HAPPN has therefore equipped the Application with a reporting and community moderation system, allowing Members to report the content described in Article 6.I-7 of the French Trust in the Digital Economy Act if it constitutes apology for crimes against humanity, apology for and incitement to terrorism, incitement to racial hatred, incitement to hatred based on gender, sexual orientation or handicap and inter alia child pornography, incitement to violence against women and violation of human dignity.

 

Guided by an extremely strict professional ethic and refusing any association with violent or insulting Members as well as unlawful, abusive or prejudicial content, HAPPN’s team takes this reporting procedure very seriously, which may also be implemented in the case of statements contrary to accepted social etiquette.

Hence, when the content published by a Member is reported, the transmitter’s account can be suspended or terminated according to the conditions set forth in Article 15.4. This decision is based on the proof given by the report’s author and is made in order to ensure the withdrawal of the content in compliance with HAPPN’s legal obligations.

The Member having originally published the reported content will be informed of such a decision to suspend or terminate the Account via the Application and/or by email at the address given.  He or she will in no case be informed of the identity of the report’s author.

Outside the scope of this reporting system, the Member can decide to block another Member whose conduct does not comply with the rules of etiquette in order to prevent any conversation with him or her (mutual prevention of access to Likes, Hellos, Messages and voice messages that have been sent in the past and of sending any messages in the future, or being alerted of the presence of a Member who has been blocked, particularly if they think this Member is bothering them in one way or another).  This action is confidential and enables Members to control the Members with whom they want to keep in touch or not. It is possible, however, to unblock the Member easily and free of charge in order to be in touch with him or her again. 

This reporting system is accessible and operational: 

• On an iPhone: at the bottom right of the Member’s profile photo, and at the top right of the conversation with the Member in question;

• On an Android Smartphone: at the bottom right of the Member’s profile photo, and at the top right of the conversation with the Member in question;

Should content be published that was reported and that may be seen as a violation of law or regulations, the Member who is a victim of this content is encouraged to submit a complaint to the appropriate police authorities.

The reporting system put in place by HAPPN does not replace any complaint and judicial procedure against a Member who authored the reported content. 

Any misuse of the community moderation system or any unjustified reporting of a Member shall be considered a breach of these TOS, and penalties may be imposed including Account suspension/termination, pursuant to Article 15.4 of the TOS, besides application of penalties pursuant to Article 6.I-4 of the French Trust in the Digital Economy Act or even legal proceedings, under which damages may have to be paid to victims.

 

7.4 Duty of Caution

 

The Member is solely liable for checking the identity of the people with whom he or she wishes to arrange a “real-life” meet-up. HAPPN may not be held liable for any problems whatsoever arising from a “real-life” meet-up.

 

7.5 Group Events

 

Any use of HAPPN Services to organize a group meeting of its Members constitutes a misuse of the Service. This is why using the Application to plan or organize a demonstration in a public place is strictly prohibited. Should such a meeting take place, HAPPN may not be held liable in the case of a public order offense or any damage caused by such meeting.

 

 

Article 8: Member Code of Conduct 

 

8.1 Duty of Fairness and Honesty when Registering

 

In order to become a Member, all of the following conditions must be met:

• Must be an adult as specified by French law (minimum of 18 years old on last birthday).

• Must have honestly and truthfully filled out the Facebook profile information or directly in the Application in the case of registration via a cell phone number. The Member must have provided the first name, sex and date of birth shown in his or her personal information. Failing that, the Member agrees to correct any errors on his or her Facebook profile, and to activate syncing of information between his or her Facebook profile and his or her Account. At the same time, the Member agrees to provide a valid email address.

• Must agree to regularly update the information provided when accessing his or her Account from the Application.

• Must have read these TOS and have accepted them when confirming his or her registration.

HAPPN does not have a legal obligation or the technical resources to verify the identity and age of Members. However, in the event of any doubt or cause for suspicion, or following the use of the “report” feature by a third party pointing to identity theft or fictitious or incorrect information, HAPPN shall conduct an investigation as quickly as possible and may correct the information provided where necessary without misrepresenting the Member’s profile. 

For the duration of the investigation, HAPPN reserves the right to suspend the Account of any Member giving cause for suspicion as well as his or her access to the Application, and to conduct the necessary checks, in particular by asking him or her to send a copy of an official ID. The Member will be informed of the suspension of his or her Account via the application and/or by email to the address given by the Member pursuant to Article 15.4 hereof.

Should the Member be unable to provide said proof, or in the case of a proven offense under these TOS, HAPPN may terminate the Account of the Member in question in accordance with the conditions set out by Article 15.4 hereof. 

The Member agrees to have only one single account. Failing that, HAPPN may terminate the additional accounts, under the conditions described in article 15.4 hereof. 

 

8.2 Duty of Fairness and Honesty during Use

 

In order to remain a Member, all of the following conditions must be met: 

• Be honest and truthful in his or her statements.

• Only post photos and/or profile information that allow a Member to be easily identified, excluding photos and/or information in which third parties or items with no connection to the person or Member appear, such that HAPPN reserves the right to delete, at its discretion, any photo and/or profile that does not meet these requirements.

• Refrain from posting any confidential information about others such as financial data.

• Refrain from posting any content or photos on the Application which are pornographic or which violate modesty and human dignity.

• Respect the private nature of content and conversations exchanged with other Members through the Application, and therefore refrain from disclosing the content of such Messages to third parties. 

• Refrain from violating intellectual property or laws on personality rights.

• Refrain from disrupting public order.

• Refrain from committing defamation, and more generally from using insulting language, particularly of a racial or discriminatory nature.

• Comply with current laws and regulations.

• Refrain from inciting violence or advocating terrorism, war crimes or crimes against humanity.

• Refrain from infringing upon accepted etiquette and standards of politeness with other Members.

• Refrain from infringing upon the normal running of the Application’s Services or infrastructure in any way.

• Refrain from using robots or tools other than those provided by HAPPN when using the Application to contact other Members.

• Refrain from using the Application to arrange professional services (escort or other similar services).

• Refrain from approaching other Members with the aim of promoting paid services or products.

• Refrain from disclosing his or her login information to other Members, particularly the user name and password to his or her Account.

• Refrain from advertising or encouraging in any way the use of any other service, whether or not it is a competing service, and refrain from committing any offense relating to unfair competition.

• Refrain from using the Application to organize gatherings or demonstrations.

The Member shall not copy and/or disseminate, and/or transfer technical data that it might intercept on the network connected to the HAPPN application.

 

8.3 Personal Use

 

The Member agrees to use the Application solely for personal use. The HAPPN network must not be exploited for commercial, promotional, electoral or recruitment purposes. It is strictly prohibited to send Messages of a marketing and/or commercial nature and/or newsletters via the HAPPN inbox, including but not limited to content, guidelines or hyperlinks to third-party sites or materials, particularly those of HAPPN’s competitors. 

 

8.4 Member’s Liability

 

The Member is only liable for his or her own actions and for the data that he or she publishes via the Application.

Should HAPPN be held liable for any failure by the Member to comply with its obligations, the Member shall hold HAPPN harmless against any conviction made against it regarding the Member’s infringement of the law or of these TOS.

The Member may report unlawful content which violates French law or these TOS using the moderation tools provided by the Application in accordance with Article 7.3 hereof. 

 

8.5 Photos

 

All photos of a pornographic or exhibitionist nature, or which violate modesty and are generally offensive to moral values are strictly prohibited. The publication of such photos will be considered a serious offense which can lead to the suspension and/or termination of the Member’s Account, in addition to any other penalties that may be imposed by the courts.

 

8.6 Real-life Meet-ups

 

HAPPN advises Members who wish to arrange “real-life” meet-ups to be vigilant.  Members are solely responsible for verifying the identity of those with whom they meet. “Real-life” meet-ups are arranged independently of HAPPN and are the sole responsibility of Members. HAPPN cannot be held liable for any acts or problems of any type which have been committed or caused by Members and/or former Members when such events occur following use of the Application.  In this respect, one of the intended benefits of the HAPPN messaging service, again to ensure that Members remain safe and free from harassment, is to enable Members to decide which people should be allowed to see their profiles and talk to them. 

As regards the people with whom the Member has agreed to exchange Messages, it is recommended that Members do not too readily reveal information which is not included in the profile such as a phone number, address or surname.  For safety reasons, HAPPN strongly advises that real-life meetings be arranged only in busy public places or that a friend or relative be informed of the meeting and that Members disclose their contact information only after a reasonable period of time.

 

8.7 Account Management

 

The Member must regularly consult his or her inbox and notifications, which HAPPN will use inter alia to keep the Member updated on information pertaining to its Services. This information may also be sent to the Member’s email address obtained through Facebook Connect or directly provided by the member when registering with a cell phone number.

The Member may access the Services of his or her Account by connecting to the Application using a confidential user name and password. The Member is solely responsible for his or her login information and must ensure that no third party may access them. In particular, the Member shall specifically hold HAPPN harmless against any communication, use or declaration made using his or her Account.

 

8.8 Equipment

 

The cost of equipment (hardware or software) required to access the Services together with all other costs related thereto, including telecommunications costs, shall be borne solely by the Member.  The Member is solely responsible for the hardware used to access the Service.

 

 

Article 9: Charged Services 

 

9.1 Purchase of Packs of Hellos and HAPPN Premium Subscriptions

 

Hellos cannot be purchased individually. They are available in Packs of multiple Hellos, at prices indicated in the Apple App Store, the Google Play Store.

Members receive a free Pack of Hellos when registering with the Application.

Each Member may also sign up for a HAPPN Premium subscription at any time.

Premium Members have access, in addition to free services, to additional services reserved for subscribers. 

Subscription offers allow access to HAPPN Premium for a period corresponding to that of your subscription.  

 

 

9.2 Payment Terms

 

Payment is due for the entire period of subscription at the time when the HAPPN Premium contract is concluded.

Payment is processed and managed by the Apple App Store or Google Play Store depending on your device.

HAPPN has no direct control over payment, exchange rate or transfer of funds nor on any possible fees inherent to these operations. Consequently, the Apple App Store and Google Play Store alone are liable for their payment terms and processes.

This is why HAPPN has no control over reimbursement of your purchase. Any requests related to payment must be sent to your Store.

HAPPN does not collect any banking information. Your bank details are collected and processed directly by Apple or Google and remain outside of HAPPN’s control.

 

 

9.3 Contract Term and Renewal of the HAPPN Premium Subscription

 

The contract for access to HAPPN Premium takes effect obligatorily between the parties starting at the time of sign-up and for the entire subscription period chosen.

Subscriptions are automatically renewed except in the case of termination by the Member via the Apple App Store or the Google Play Store, which have a feature that allows any subscription from application providers to be terminated 24 hours prior to the term of the previous subscription. Upon receipt of the payment made automatically to your Store, HAPPN approves your purchase and updates your account by giving you access to HAPPN Premium for a period corresponding to the amount charged.

If you do not wish to use the default “automatic renewal” option, simply deactivate it by following the instructions in the following link: https://www.happn.com/fr/faq/articles/115005694469

If you wish to circumvent this automatic renewal at the end of the subscription term set up by the Stores, you must deactivate it.

 

 

9.4 Withdrawal Rights

 

As specified in article 9.2 of these TOS, payments are processed and managed entirely by the Apple App Store or the Google Play Store, such that the right of withdrawal, if applicable, must be exercised directly through the App Store or Google Play. 

 

Consequently, when a Member decides to exercise this right to withdrawal, he or she must notify the Apple App Store or the Google Play Store, depending on the type of device used at the time of purchase:

For the Play Store: follow the instructions that appear in the following link to access the terms and conditions for exercising your right to withdrawal from Google Play and to the model form: 

https://support.google.com/googleplay/answer/7205930?ctx=7659581&visit_id=636923806604702476-265013927&rd=1&co=GENIE.Platform%3DDesktop&oco=1

For more information, you can contact the Google Play Store help center. The information for contacting them by phone can be found by clicking the link below:  https://support.google.com/store/answer/6178715

For the App Store: you must notify that you are exercising your right to withdrawal using the form supplied by Apple Distribution International by sending it to the following address: Apple Distribution International, iTunes Store Customer Support, Hollyhill Industrial Estate, Hollyhill, Cork, Republic of Ireland. The model form as well as the terms and conditions for exercising your right to withdrawal from the App Store are accessible by clicking on the following link:

https://www.apple.com/legal/internet-services/itunes/fr/terms.html

 

9.5 Early Termination of the Contract by the Member or by HAPPN 

 

In the event of breach of the TOS or a legal provision by the Member, HAPPN has the right to terminate the contract, effective immediately and without prejudice. HAPPN is not required to justify its decision to terminate to the Member.

In all cases, no reimbursement will be made if the Member is a HAPPN Premium subscriber or has purchased Packs.

 

 

Article 10: Scope of the Offer 

 

10.1 Hello Validity Period

 

Hellos purchased or offered by HAPPN may only be used for the term during which the Account remains active, in compliance with the TOS.  In the event of early termination of the Account pursuant to Article 15.3, 15.4 or 15.5 hereafter, any remaining Hellos at the date of termination or deletion of the Member Account shall be permanently deleted from the Member Account, without compensation of any kind.

A subsequent re-registration of the Member will not allow him or her to recover the lost Hellos.

HAPPN may offer Hellos to Members as part of its loyalty program or for a special event. 

 

10.2 Cumulative Offers

 

Packs of Hellos are cumulative. The number of Hellos in each Pack purchased is added to the Hellos already in the Member’s Account.

Packs of Hellos are also cumulative with subscriptions, meaning that they allow users to benefit from more Hellos than those to which Premium Members have access. 

 

 

Article 11: Communication with the Member 

 

11.1 Push Notifications

 

The Member may receive push notifications through the Application to notify him or her of important events, including but not limited to: 

• A Hello received from another Member,

• A Message or vocal message received from another Member,

• A Message from HAPPN relating to the Member’s Account and/or Services.

The Member may change his or her push notification preferences through his or her Account settings.

 

11.2 Newsletter

 

Upon registration with the Application, the Member receives a newsletter from HAPPN.  The Member may unsubscribe at any time by clicking on the “unsubscribe” link provided in the newsletter and/or by exercising his or her right of refusal by sending an email to the address provided in Article 16 of the TOS. 

 

11.3 Advertising and Promotional Messages

 

HAPPN is free to post, within the scope of execution of the contract and through the Application, advertising and promotional messages from advertisers and any other partner.

 

Article 12: Sponsoring 

 

12.1 Inviting Friends

 

HAPPN allows its Members to invite friends to join the Application in order to widen the network and increase their chances of meeting someone. In return, Members who sponsor a new user receive Hellos as a gift. Sponsorship by Members is limited to a small circle of friends, relatives whom they actually know in real life. Consequently, group recommendations outside this circle are strictly prohibited.

 

12.2 Benefits

 

HAPPN reiterates that the benefits obtained from this optional feature are simple benefits solely for use as part of the Application. HAPPN in no case promises Members entitlement to any direct financial gain as a reward.

 

 

Article 13: Intellectual Property

 

13.1 Prerogatives related to Trademark Law

 

The HAPPN trademark is exclusively owned by HAPPN. HAPPN holds all of the related rights. The HAPPN trademark has been registered with various national and international offices, in particular with the World Intellectual Property Organization and has been registered with the French National Institute for Industrial Property (Institut National de Propriété Industrielle) under the number 4109777, as well as the European Union Intellectual Property Office under number 012787974.

Any reproduction and/or use and/or partial and/or total affixing and/or modification and/or deletion of the trademark and related rights, such as for example (without limitation) the Application’s slogan and logo, through any method whatsoever and in any form whatsoever, in any format or through any medium whatsoever, is strictly prohibited without HAPPN’s prior, express and written authorization, and may give rise to legal proceedings. 

The trademark is protected by Articles L713-2 et seq. of the French Intellectual Property Code (Code de la propriété intellectuelle) currently in force in France, and this protection is international.

 

13.2 Prerogatives related to Copyright

 

The original works provided by HAPPN are exclusively owned by HAPPN. HAPPN holds all of the related rights.

Any representation and/or reproduction and/or distribution and/or partial and/or total exploitation of the content and Services provided by the Application, such as for example the software, animations, text, photos, videos, graphics and more broadly the general structure, through any method whatsoever and in any form whatsoever, in any format or through any medium whatsoever, is strictly prohibited without HAPPN’s prior, express and written authorization, and may give rise to legal proceedings.

These original works are protected by Articles L335-3 et seq. of the French Intellectual Property Code (Code de la propriété intellectuelle) currently in force in France, and this protection is international.

 

13.3 License

 

The usage rights granted by HAPPN to the Member are restricted to private and personal use. Any other use by the Member is prohibited without HAPPN’s prior, express and written authorization. 

The Member grants HAPPN and its partners a free-of-charge, non-exclusive, international and permanent license for the use, reproduction, representation, modification and translation of any basic intellectual property-related component (text, photos, videos, etc.) that it may provide through the Application for the non-exclusive purpose of communicating with other Members. HAPPN shall use this license in a manner which complies with image rights and respect of the right to privacy which protects the user’s personal data, without misrepresenting the true nature of the Member’s profile and therefore in keeping with this profile. This license permits HAPPN to ensure that these components are compatible with its technical performance or the required media formats. These rights are granted on an international basis and throughout the performance of these TOS between the Member and HAPPN. 

The Member shall retain ownership of any content and personal data that he or she provides.

The Member shall hold HAPPN harmless against any legal action, appeal or conviction brought against him or her due to his or her infringement of a third party’s intellectual property rights. The Member shall hold HAPPN harmless against any claims or damages which may result from it including, but not limited to, requests for compensation. 

 

 

Article 14: Counterfeiting, Unfair Competition and Parasitism

 

It is strictly prohibited to design a product similar to the Application or to create a derivative, and more generally to be guilty of parasitism, imitation, a smear campaign or any other act of unfair competition. HAPPN reserves the right, in this case, to serve a writ on the Member in question in view of obtaining compensation for the injury caused by the Member.

Additionally, the Member who succeeds in or attempts to grant licenses or sub-licenses, or to sell, resell, transfer, assign, distribute or commercially exploit in any other way, or to make available the Services or Application to a third party in any way shall risk serious legal penalties. 

 

Article 15: Termination 

 

15.1 Deactivation of the Account by the Member

 

The Member may deactivate his or her Account without notice through the Application if he or she no longer wishes to be visible on it.

Once the profile has been deactivated:

• The Member’s profile will be made invisible to other Members in the past, present and future.

• There will be no change to the legal obligation for data retention.

• In the event of an Account being reactivated during the one-year period following the closure of the Account, the details kept will be reallocated to the profile, which will be visible again.

 

15.2 Uninstallation of the Application by the Member

 

The Member may uninstall the Application from his or her cell phone at any time without notice. Consequently, the Member shall have no further access to the Application unless he or she downloads it again.

Once the application has been uninstalled:

• The Member’s profile will be made invisible to other Members in the past, present and future.

• There will be no change to the legal obligation for data retention.

• In the event of an Account being reactivated during the one-year period following the closure of the Account, the details kept will be reallocated to the profile, which will be visible again.

However, it is recommended that you log out of the Application before uninstalling it. By default, the Member’s profile remains accessible for the 24 hours following uninstallation.

 

15.3 Deletion of the Account by the Member

 

The Member may decide, at any time and without notice, to permanently delete his or her Account using one of the following means:

  • By deleting it of his or her own accord from the Application, by going to the Settings of the application > My data > Delete my account.
  • By sending a letter or email to HAPPN, whose postal address and email address are shown in Article 16 hereof. 

Consequently, the Member’s profile will be permanently deleted, including the remaining Hellos in his or her Account.

Further, the Premium Member who decides to delete his or her Account can terminate their access to HAPPN Premium by contacting the Apple App Store or Google Play Store by following the instructions found in the following link:  https://www.happn.com/fr/faq/articles/115005694469

Should the Member wish to start using the Application again after deleting his Account, he or she must register under the same terms and conditions as the initial registration.

Once the Account has been deleted:

• The Member’s profile will be made invisible to other Members.

• The Member’s data shall be retained for one year as of this date, as regards in particular the legal obligations incumbent upon HAPPN in accordance with the terms set out by Article 9 of the Privacy Policy, and shall be permanently deleted thereafter.

• The remaining Hellos in the Member’s Account on the day the Account is deleted shall be definitively lost without the possibility to claim any reimbursement.

The Member cannot reactivate his or her old Account. 

 

15.4 Suspension/Termination of the Account by HAPPN in case of breach of TOS

 

In case of breach of TOS by the Member, his or her account can at any time be suspended as a safeguard measure and then terminated as of right by HAPPN.

HAPPN will be entitled to suspend a Member’s account as long as necessary to allow HAPPN’s customer service team to make all investigations necessary following the report as required by Article 7.3 hereof or in case of presumed breach of TOS which may be remediated.

The Member whose Account is suspended will be informed by HAPPN of such a decision by way of a notification on the Application and/or by email. The Member is invited to contact HAPPN customer service by email in order to obtain more information on the reasons for the suspension and in order to provide explanations and/or bring the proof that the breach has been remediated.

 

If within 30 days following the notification of the account suspension, the Member has not contacted HAPPN customer service, or if the elements given by the Members did not help to remedy the breach, HAPPN will be entitled to notify the Member of termination of his or Account via the Application and/or by email and inform the Member of the period in which he or she cannot re-register for the Application.  Unless stated otherwise, the duration of such removal is set at 1 year from the notification of termination of the Account.

Upon Termination of the Account:

• The Member’s profile will be made invisible to other Members;

• The remaining Hellos in the Member’s Account on the day the Account is terminated shall be definitively deleted without the possibility to claim any reimbursement.

The Member will not be able to create another account for a maximum 1-year period from the notification of the Account termination. 

 

15.5 Termination of Inactive Accounts by HAPPN

 

HAPPN will delete inactive accounts as defined below.

An account is considered inactive if after a continuous period of one year, both of the following conditions are met:

• The Application of the Member did not establish contact with HAPPN’s servers (including because of deactivation of the geolocation process); and

• The Member has not used the Application. In any event, the Account of a Premium Member is not considered inactive.

The Member will be informed by email sent to the address given in the Application of the deletion of his or her account subject to prior notice of eight (8) days.

During the period of notice, the Member may reactivate his or her Account, which results in the suspension of the termination procedure. All content from the Member’s profile will then be preserved.

At the end of the period of notice and in the absence of a contrary intention expressed by the Member, the Account will be automatically deleted by HAPPN.

Once the Account has been deleted:

• The Member’s profile will be made invisible to other Members.

• The Member’s data shall be retained for one year as of this date, as regards in particular the legal obligations incumbent upon HAPPN in accordance with the terms set out by Article 9 of the Privacy Policy, and shall be permanently deleted thereafter.

• The remaining Hellos in the Member’s Account on the day the Account is terminated shall be definitively deleted without the possibility to claim any reimbursement.

The Member will not be able to reactivate nor request reactivation of his/her old Account.

 

 

Article 16: Contact 

 

HAPPN may be contacted by mail at 8 Rue du Sentier, 75002, Paris (France). 

Members may also contact HAPPN by email at the following address:
[email protected].

 

 

Article 17: Confidentiality Clause 

 

Neither HAPPN nor the Member are authorized to disclose information about the agreement between them, and each party agrees to comply with a confidentiality clause which requires them to prefer confidential negotiations in the event of a disagreement.