TERMS OF SERVICE

Welcome to HappyNumbers.com. The following Terms of Service ("ToS") govern all use of the www.happynumbers.com website, including blog.happynumbers.com and plus.happynumbers.com (the "Website") and all content, services, features, activities, and products available at or through the Website, including, but not limited to, interactive lessons in the field of Mathematics (the "Lessons" and, together with all other content, services, features, activities and products available through the Website, the "Services"). The Services are owned and operated by Azbooka SA, aka Happy Numbers.

For users located in the United States of America (“USA”), the Services will be provided by Happy Numbers Inc. in the name and on behalf of Azbooka SA, a subsidiary of Happy Numbers and a company organized under the laws of the USA, having its principal place of business at 2600 El Camino Real, Suite 601 Palo Alto, CA, USA, 94306.

Please read these ToS carefully before using the Services.

BY USING OR ACCESSING THE SERVICES, YOU UNDERSTAND AND AGREE TO ACCEPT AND ADHERE TO THE FOLLOWING TERMS AND CONDITIONS, INCLUDING, BUT NOT LIMITED TO, HAPPY NUMBERS'S PRIVACY POLICY (COLLECTIVELY, THIS "USER AGREEMENT").

Date of issue of this User Agreement: 05.04.2017

If you do not agree with all the terms and conditions of this Agreement, please refrain from using the Website or the Services. These ToS may be amended from time to time and Happy Numbers will submit it to you by email. Your explicit acceptance of the new ToS upon logging into the Website shall constitute your consent to such changes. The user may terminate the modified Services within 45 days upon submittance of the new ToS.

1. Your responsibility for internet access

In order to use the Website, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service and/or telephony fees associated with such access.

You have obtained and shall maintain all consents, licenses and necessary filings and settings for the Website and/or intellectual property rights related to any Services, to be available to you, and you shall guarantee that the Services will not be used in violation of any law, regulation or rights of third parties, including intellectual property rights, or to incite or facilitate such a violation.

2. User registration

Most areas of the Website will require registration. By registering, you represent and warrant that: a. you are eligible for an account as set forth in these ToS; and b. the personal information you include as part of the registration process is accurate, up to date and not misleading; and c. you are entitled to access and use the Services according to any laws and /or regulations that may apply to you, notably but not limited to laws and / or regulations on protection of minors.

User accounts may be obtained and used only by individuals (i) who are eighteen years old (18) or of legal age in their country of residence, if such age exceeds eighteen (18), or (ii) whose registration has been authorized by their parents or legal representative, if they are below legal age in their country of residence.

You agree to be solely and entirely responsible for maintaining the confidentiality of your user account, login and password and for any activity that may occur through your user account.

Upon obtaining an account, you shall have the access to the Services and the functionality that Happy Numbers may establish and maintain from time to time and in its sole discretion through the login and password that will be provided to you.

As a registered user, you further agree to update your Personal Information (as defined in the Privacy Policy) if needed and to be solely and entirely responsible for maintaining the confidentiality of your user account, login and password and any activity that may occur through your user account.

3. Prices

Happy Numbers provides both free and paid services. Teacher accounts are free, allowing you to use our exercises on an interactive whiteboard for group instruction and modeling. Individual student accounts require a paid subscription, as outlined on our pricing page. If you have any questions regarding our pricing, please contact us at: support@happynumbers.com.

4. Supervising children

Happy Numbers is concerned about the safety and privacy of all its users, particularly children. For this reason, children should be assisted by their parents, legal representative, or teachers to access to the Service, by helping them in setting up any relevant accounts and supervise their access to the Website and to the Services. Happy Numbers agrees that students’ personally identifiable information stays under the direct control of the school.

If you are a teacher you represent and warrant and Happy Numbers assumes that you have the express consent of the children’s parents or legal representative to use the Service.

If a parent or legal representative becomes aware that his / her represented minor has registered with us without their express authorization, he or she should contact us using information at the end of this page. We will delete such accounts from our files within 5 working days.

Happy Numbers warns persons holding parental authority, legal representatives, or teachers on the diversity and the nature of the content available on the internet, which are likely to harm minors. So, parents, legal representatives, and teachers are encouraged to monitor the children when they connect. It is also reminded parents, legal representatives, or teachers, it belongs to them, on the one hand, to determine what Services available on the Website the minor child is allowed to use and, secondly, monitoring the use thereof as a result of these Services.

5. Indemnity

You agree to indemnify and hold Happy Numbers and its subsidiaries, affiliates, licensors, licensees, officers, agents, co-branders and other partners, and employees, harmless from any and all liabilities, losses, damages, claims, penalties, fines, costs and expenses, including without limitation reasonable legal fees, that may arise in connection with: (i) your use of and access to the Website and Services, including without limitation any text, logo, graphic, image, video, music, or any kind of multimedia file (the “Content”), as well as your connection to the Website; (ii) your, your children's, or third party's failure to comply with any provision of the ToS; or (iii) any claim by a third party that any other use of the Website by you or your children infringes any intellectual property, other proprietary or privacy right of such third party or has otherwise caused damage to a third party.

6. Modifications to Services

Happy Numbers reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website and the Services (or any part thereof) with or without notice. You agree that Happy Numbers shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website. Although Happy Numbers will take reasonable care in ensuring the Content is up to date, any of the Content may be out of date at any given time, and Happy Numbers is under no obligation to update such Content.

Happy Numbers may add, delete or change some or all of the Services. In that case, you will be notified by email of any changes and given the option to continue use or to terminate your account. You are responsible for paying all applicable taxes and for all hardware, software, service and any other costs that you incur to access your account.

7. Intellectual property

All Content and more generally every element displayed on or available through the Website are the exclusive property of Happy Numbers or are used by Happy Numbers with express permission of the copyright and/or trademark owner.

You acknowledge and agree that copyright, trademark or other intellectual property right infringement may result in civil and / or criminal penalties.

Happy Numbers grants you a limited, revocable, non-exclusive license to access the Website to, as applicable, research, view, make legitimate inquiries or comments and use Services, all in accordance with the ToS.

Any other use of the Website is expressly prohibited. Importantly, this license does not include any right of collection, aggregation, copying, duplication, display or derivative use of the Website nor any right of use of data mining, robots, spiders or similar data gathering and extraction tools without our prior written permission; provided, however, that a limited exception from the foregoing exclusion is provided to general purpose internet search engines and non-commercial public archives that use tools to gather information for the sole purpose of displaying hyperlinks to the Website, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent.

8. Viruses, Hacking and Other Offences

You must not misuse the Website by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of-service attack.

By breaching this provision, you may commit a criminal offence in a number of different jurisdictions. Happy Numbers may report any such breach to the relevant law enforcement authorities and Happy Numbers may cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website will cease immediately.

Happy Numbers will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any material posted on it, or on any website linked to it.

9. Disclaimers

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:

A. YOUR USE OF THE WEBSITE, AND ANY FEEDS FROM IT, IS AT YOUR SOLE RISK. THE WEBSITE, AND ANY FEEDS FROM IT, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HAPPY NUMBERS EXPRESSLY DISCLAIMS ALL WARRANTIES, CONDITIONS AND OTHER TERMS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED TERM OF ACCURACY, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND ANY TERM AS TO THE PROVISION OF SERVICES TO A STANDARD OF REASONABLE CARE AND SKILL OR AS TO NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHT.

B. HAPPY NUMBERS MAKES NO WARRANTY OR REPRESENTATION THAT (I) THE WEBSITE, OR ANY FEEDS FROM IT, WILL MEET YOUR REQUIREMENTS, (II) THE WEBSITE, OR ANY FEEDS FROM IT, WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE, CONTENT OR ANY FEEDS FROM IT, WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

C. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE, OR ANY FEEDS FROM IT, IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

D. COMMENTARY AND OTHER MATERIALS POSTED ON THE WEBSITE, OR CONTAINED IN ANY FEEDS FROM IT, ARE NOT INTENDED TO AMOUNT TO ADVICE ON WHICH RELIANCE SHOULD BE PLACED. NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM HAPPY NUMBERS OR THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY OR OTHER OBLIGATION NOT EXPRESSLY STATED IN THE TOS AND HAPPY NUMBERS DISCLAIMS ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON SUCH MATERIALS.

10. Limitation of Liability

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT HAPPY NUMBERS, UNLESS FRAUD OR GROSS NEGLIGENCE, SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF HAPPY NUMBERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE WEBSITE, NOTABLY BUT NOT LIMITED TO THE UNHAUTHORIZED ACCESS AND / OR USE BY A MINOR CHILD; (II) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (III) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; (IV) RESULTS OF THE WEBSITE, ANY WEBSITES LINKED TO IT AND ANY MATERIALS POSTED ON IT; OR (V) ANY OTHER MATTER RELATING TO THE WEBSITE.

YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE WEBSITE OF THESE TOS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE. IF YOU DO NOT DO SO YOU EXPRESSLY WAIVE ANY RIGHT YOU HAVE TO DO SO.

11. Privacy

Our Privacy Policy explains how Happy Numbers collects, processes, uses and discloses registration information and other Personal Information about you. For the definition of Personal Information and full details, please see our Privacy Policy at https://happynumbers.com/privacy-policy.

12. Exclusions and limitations

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

NOTHING IN THESE TOS SHALL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER OR EXCLUDE OR RESTRICT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

13. Notices

Notices to you may be made via either email or by post at the relevant email or postal address provided by you to Happy Numbers from time to time. The Website may also provide notices of changes to the ToS or other matters by displaying notices or links to notices to you generally on the Website.

14. Copyrights and Copyright Agents

Happy Numbers respects the intellectual property of others. If you believe that any of your intellectual property rights have been infringed on the Website, please provide Happy Numbers using contact information at the end of this page with the following information:

a. an electronic or physical signature of the person authorised to act on behalf of the owner of the relevant right which is allegedly infringed;

b. a description of each work subject to the relevant rights that you claim have been infringed;

c. a description of the Content that you claim is infringing and where that material is located on the Website;

d. your address, telephone number, and email address and such other information as may be reasonably required by Happy Numbers to enable Happy Numbers to contact you;

e. a statement by you that you have a good faith belief that the disputed use is not authorised by the rights owner, its agent, or the law;

f. a statement by you that the above information is accurate and that you are the rights owner or authorised to act on the rights owner's behalf.

15. General Information

These ToS constitute the entire agreement between you and Happy Numbers in relation to their subject matter, superseding and extinguishing any prior agreements, arrangements, undertakings of any nature, between you and Happy Numbers, whether oral or written in relation to such subject matter. You may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software.

16. Termination of Use

You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our website and Resources with or without notice and for any reason, including, without limitation, breach of this User Agreement. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Resources we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.

17. Applicable Law and Jurisdiction

These ToS and all matters arising out of or relating to these ToS shall be governed by the substantive laws of Switzerland, without regards to principles of conflicts of laws thereof.

Any controversy, claim or dispute between a user and Happy Numbers arising out of or in relation with these ToS shall be subject to the exclusive jurisdiction to the ordinary courts of the Canton of Vaud, Switzerland.

18. Questions or Suggestions

If you have questions or suggestions about these ToS, please contact us using information below:

Azbooka SA
Parc Scientifique EPFL, PSE-C
1015 Lausanne
Switzerland
support@happynumbers.com