Welcome to Happinetz! At Happinetz, we take our mission to enable a safe and family-friendly Internet seriously. If you have any questions or issues with your new Happinetz Box or the Happinetz Services, please visit our website for answers to common questions, FAQ, installation walkthroughs, and other helpful resources.

This End User License Agreement ("EULA") describes the terms on which Happy Parents Lab Pvt Ltd licenses the use of the Happinetz Box, the Happinetz Content, the Happinetz Services, the, and the APIs. Your rights to use the  Happinetz Box, Happinetz Content, Happinetz Services, the Software, and the APIs are governed by this EULA and the Privacy Policy. In addition, access to the  Happinetz website is governed by Happinetz Terms of Use which is available on website along with the Privacy Policy

ANY USE, INSTALLATION, DOWNLOAD, OR INTEGRATION OF THE  HAPPINETZ BOX, THE HAPPINETZ CONTENT, THE HAPPINETZ SERVICES, THE SOFTWARE, OR THE API CONSTITUTES YOUR ACCEPTANCE OF THIS EULA. THE SOFTWARE, API, AND THE  HAPPINETZ CONTENT IS NEVER SOLD. THE SOFTWARE, API, AND  HAPPINETZ CONTENT MAY BE LICENSED ONLY PURSUANT TO THE TERMS AND CONDITIONS OF THIS EULA.

IMPORTANT NOTICE: THIS END USER LICENSE AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION AND WAIVER OF JURY TRIALS AND CLASS ACTIONS GOVERNING DISPUTES ARISING FROM USE OF THE  HAPPINETZ SERVICES. IT AFFECTS YOUR LEGAL RIGHTS AS DETAILED IN THE ARBITRATION, CLASS WAIVER, AND WAIVER OF JURY TRIAL IN SECTION 8 BELOW. PLEASE READ CAREFULLY.

1. DEFINITIONS

1.1. "API" or “APIs” mean the Application Protocol Interface(s) installed on any  Happinetz Box, user Box, or within any form of  Happinetz Software, in its current or in its future form, that allows the  Happinetz Box, other connected Boxs, or  Happinetz servers to communicate with, post information to, and display information from one another.

1.2. " Happinetz Account" shall mean a unique collection of data containing the Licensee’s account details—such as name, email, and phone number, passwords, configurations, histories, and other unique data utilized by any instance of the Software, including, without limitation to access and use the  Happinetz Services and  Happinetz Content, and to use the API and Software.

1.3. " Happinetz Apps" means the applications that allow you to configure your  Happinetz Box, create user profiles, monitor network activity, interact with the  Happinetz Box, utilize the  Happinetz Services and access and download the  Happinetz Content, and otherwise interact with the API, and includes, without limitation, future  Happinetz products.

1.4. “ Happinetz Content” means the contents of the  Happinetz Services, including, without limitation, designs, text, graphics, images, video, information, logos, button icons, software, audio files, computer code, Usage Data (as defined below) and any other  Happinetz content.

1.5. " Happinetz Box" means the internet gateway product(s) sold by  Happy Parents Lab Pvt Ltd, its affiliates or business partners, or their successors, with which the Software was designed to be used or which integrates the Software (including without limitation  Happinetz firmware), including those products developed in the future, and products developed by third-party manufacturers that incorporate  ’s Happinetz technology and Software. For purposes of this EULA, " Happinetz Box" shall have the same meaning in singular as in plural.

1.6. "Happinetz App" means the installable application, in its current or in its future form, that enables content filtering on internet-enabled portable Boxs such as mobile phones or tablets, with which the Software was designed to be used, including any such product developed in the future for this purpose.

1.7. “ Happinetz Marks” means the trademarks, service marks, trade names, logos, and other marks associated with  Happinetz, including, without limitation,  Happinetz, the  Happinetz logo, and other  Happinetz logos and product and service names.

1.8. “ Happinetz Services” means the features and functionality provided by  Happinetz that is accessible by users through a browser interface, via a downloadable application (including a  Happinetz App), or through an API that provides individuals and families with a means of controlling the internet activity of family members, visitors, and others within their home network, and of Managed Users within or without their home network, and/or downloading content to Managed Users Boxs or computers.

1.9. “Feedback” means feedback, comments, ideas and suggestions for improvements, enhancements and modifications to the Software and the  Happinetz Services.

1.10. "Licensee" means you or, if you are accepting on behalf of an entity, then the entity and any affiliates exercising rights under, and complying with all of the terms of, this EULA.

1.11. “Licensee Content” means content created, uploaded, or posted by Licensee, including, without limitation, designs, text, graphics, images, video, information, logos, button icons, software, audio files, computer code, and any other Licensee content.

1.12. “Managed User” means a family member, minor dependent, or other person who does not have administrative access or control of the  Happinetz Account, and that allows his/her/their Box(s) to be managed through the Software.

1.13. “Happinetz APP” means an installable application that provides access to Happinetz features.

1.14. “Other Authorized User” means your family and visitors who access your network with permission.

1.15. "Software" shall mean the software through which the Happinetz Services are delivered including, software installed on a  Happinetz Box in its current or in its future form made available by  Happinetz to Licensee in binary code form or as a standalone service under this EULA; any services or administration interfaces, including without limitation a  Happinetz App, website, which enable Licensee to interact with the API from an application dashboard, whether web-based or reduced to an application on a mobile device; and any application, software, firmware, or binary code, in its current or in its future form, designed to interact with the  Happinetz Box, such a service or administration interface, or the API.

1.16. “Submissions” means user behavior data which may include, but is not limited to: user profile information; search strings and other content created and accessed using the  Happinetz Services; information about the type of Box accessing the  Happinetz Services; user feedback, recommendations, feature requests, bug reports, and other communications.

1.17. “Updates” means updates, upgrades, bug fixes, patches and other error corrections, modifications, deletions, and/or new features, functionality, tools or content.

1.18. “Usage Data” means to use statistics and information gathered via platform interfaces such as  Happinetz App & Website, API calls and processes; Submissions; and any and all other sources of user information.

1.19. “User Content” means material posted by other users or third-party service providers.

2. SCOPE OF SERVICES; ELIGIBILITY; SETTING UP ACCOUNT; SUSPENSION/CANCELLATION; USER CONDUCT GUIDELINES; MISCONDUCT/INVESTIGATIONS; CONTACTS

2.1. Scope of Services. The  Happinetz Services allow (i) users to create, administer, configure, and manage their Account, whether for use with the physical  Happinetz Box or some other software-only instance of  Happinetz products, including the  Happinetz Apps, , (ii) family members to communicate screen-time limits and expectations as configured in the  Happinetz Account, interact with content from  ’s Happinetz partners, and communicate and share status updates, photos, and other information, (iii) individuals and families to control the internet activity of family members, visitors, and others within their home network; and (iv) inbound or outbound communications and control over relevant aspects of  Happinetz Account management.

2.2. Eligibility to Use  HappinetzServices. The  Happinetz Services are designed to be administered by adults on behalf of a family or community. Parents and legal guardians of minor children, please be advised that we do not recommend that children under the age of 18 be given administrative access to the  Happinetz Services, with or without supervision. Child or dependent accounts (as established by administrators) are not given administrative access unless an administrator specifically grants such permissions to a specific user account. Each Licensee and/or user that signs on as an administrator, represents and affirms that such Licensee and/or user is the age of 18 or older, or that a person who is their parent or guardian gave them permission, in writing, that they can act as an administrator. Each Licensee and/or user that has a child or ward under the age of 18 acting as an administrator, represents and affirms that such Licensee or user appointed such child or ward as an administrator and agreed in writing that such child or ward could act as an administrator for such Licensee or user on behalf of the family or community.

2.3. Setting Up an Account and Using the  HappinetzServices.

2.3.1 Setting Up an Account. When Licensee creates an account, Licensee will be asked to create a username, email ID and password, which Licensee will be solely responsible for safeguarding. Licensee is encouraged to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with the  Happinetz Account. Licensee is also responsible for keeping Licensee’s contact information accurate and up to date. Licensee is solely responsible for any activity or actions on or through Licensee’s  Happinetz Account, resulting from the use of Licensee’s log-in credentials on the  Happinetz Services, whether or not Licensee has authorized such activities or actions. Licensee represents and warrants that the information Licensee provided and provides to  Happinetz upon registration of the  Happinetz Box, creation of an account via app, and at all other times will be true, accurate, current, and complete and Licensee agrees to update such information as necessary to ensure that it remains complete, accurate and up-to-date.

2.3.2 Notification of Breach. Licensee agrees to notify  Happinetz immediately of any breach in secrecy of Licensee’s log-in information and of any unauthorized use of Licensee’s  Happinetz Account. If Licensee has any reason to believe that Licensee’s  Happinetz Account information has been compromised or that Licensee’s  Happinetz Account has been accessed by a third party, Licensee agrees to immediately notify  Happinetz team by e-mail to email ID.  Happinetz cannot and will not be liable for any loss or damage arising from Licensee’s failure to comply with the above requirements, and Licensee will be solely responsible for the losses incurred by  Happinetz Happinetz and others due to any unauthorized use of Licensee’s  Happinetz Account.

2.4. Account Suspension and Cancellation. Licensee may cancel its  Happinetz Account at any time. If  Happinetz has suspended Licensee’s  Happinetz Account due to Licensee’s actual or suspected breach of this EULA, such suspension will continue until the suspected breach is cured or otherwise resolved to Happinetz reasonable satisfaction.  Happinetz may, in its discretion, without liability to Licensee and without limiting Happinetz other remedies, with or without prior notice and at any time, decide to (i) limit, suspend, deactivate or cancel Licensee’s  Happinetz Account and take technical and legal steps to prevent Licensee from using the  Happinetz Services at any time for any reason. If Licensee’s  Happinetz Account is deactivated or canceled,  Happinetz will have the right, but not the obligation to delete Licensee’s information

2.5. User Conduct Guidelines. Any time Licensee accesses or uses the  Happinetz Services, Licensee is required to comply with Happinetz user conduct guidelines, as follows:

2.5.1 Licensee agrees that Licensee will access and use the Services and Happinetz Box for Licensee’s personal, family, or community use only, and not for any business use.

2.5.2 Licensee is not authorized to access or use the Services or the Happinetz Box:

  1. to impersonate any person or entity, or falsify or otherwise misrepresent Licensee’s identity, credentials, affiliations or intentions;
  2. to collect, store, or use any information from or about another user other than a Managed User, other than to provide aid to such user, to enable features of the  Happinetz Services such as monitoring internet use, or as otherwise authorized and intended by such user;
  3. to “stalk” or harass any other user;
  4. to distribute unsolicited commercial or bulk electronic communications (or, “spam”), chain letters or “pyramid” schemes;
  5. for political campaigning, recruiting votes or soliciting donations or other support for legislative or other initiatives;
  6. to systematically retrieve information or content to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
  7. if Licensee is not able to form legally binding contracts (for example, if Licensee is under 18, and does not have the consent of Licensee’s parent or guardian);
  8. if Licensee is a person barred from receiving services under the laws of India or other applicable jurisdiction; or
  9. for any other purposes that are not expressly permitted by this EULA.

2.5.3 Further, Licensee may not:

  1. access, copy, distribute, share, publish, use or store any Happinetz Content, including any information from or about any other user, for purposes that are inconsistent with  ’s Happinetz Privacy Policy, or otherwise violate the privacy rights or any other rights of other users or any other third party, including by disclosing, selling, renting, distributing or exposing any  Happinetz Content to a third party, using it for marketing purposes, or otherwise using it for any purposes unrelated to the  Happinetz Services;
  2. access, copy, distribute, share, publish, use or store, or prepare derivative works from any Happinetz Content that belongs to  Happinetz, another user or to a third party, including works covered by any copyrights, trademark, patent, or other intellectual property right, except with prior express permission of the person or entity holding the rights to license such use;
  3. circumvent Happinetz systems, policies, determinations as to Licensee’s Happinetz Account status, including by attempting to access or use the  Happinetz Services if Licensee’s  Happinetz Account has been suspended or canceled or Licensee has otherwise been temporarily or permanently prohibited or blocked from using the  Happinetz Services;
  4. access, search, collect information from, or otherwise interact with the Happinetz Services by “scraping,” “crawling” or “spidering” the  Happinetz Services, by the use of any software, Box, script or robot, or by any other means (automated or otherwise) other than through the currently available, published interfaces that are provided by  Happinetz, unless Licensee has been specifically authorized to do so in a separate agreement with  Happinetz;
  5. use, display, mirror or frame the Happinetz Services, or any feature, functionality, tool or content of the  Happinetz Services, Happinetz name, any  Happinetz trademark, logo or other proprietary information, without  ’s Happinetz express written consent;
  6. interfere with, disrupt, damage or compromise the Happinetz Services or  ’s Happinetz systems or the access of any user, host or network in any way, including through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology or by overloading, flooding, spamming, mail-bombing the  Happinetz Services or otherwise imposing an unreasonable or disproportionately large load on the  Happinetz Services;
  7. access, tamper with or use non-public areas of any of the Happinetz Services, Happinetz computer systems, or the technical delivery systems of  ’s Happinetz providers;
  8. probe, scan, or test the vulnerability of any system or network of Happinetz or its providers, or breach or circumvent any security or authentication measures of such system or network;
  9. avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Happinetz or any of Happinetz’s providers or any other third party to protect the  Happinetz Services or any  Happinetz Box;
  10. forge any TCP/IP packet header or any part of the header information in any e-mail or posting, or in any way use the Happinetz Services to send altered, deceptive or false source-identifying information;
  11. attempt to decipher, decompile, disassemble or reverse engineer any of the Software or any of the code or software used to provide the Happinetz Services;
  12. export or re-export the Happinetz Services, except as specifically allowed in writing by  Happinetz and only in compliance with the export control laws and regulations of any relevant jurisdictions;
  13. otherwise abuse the Happinetz Services or breach the Terms; or
  14. attempt to do any of the foregoing, or advocate, encourage or assist any third party in doing any of the foregoing.

2.6. Misconduct; Investigations.

2.6.1 No Obligation to Investigate. Happinetz reserves the right, but assumes no obligation, to investigate and take appropriate action in response to reports of misconduct. Regardless of its action or inaction, in no event will be liable for the acts or omissions of any user or any third party.

2.6.2 Right to Monitor Access. Without limiting the foregoing, you acknowledge that Happinetz has the right, but not the obligation, at any time and without prior notice, to monitor access to or use of the Happinetz Services by any user if Happinetz believes in good faith that it is reasonably necessary (i) to comply with any law or regulation or satisfy any legal process or governmental request (for example, a subpoena, warrant, order or other requirement of a court, administrative agency or other governmental body), (ii) to respond to claims asserted against Happinetz, (iii) to enforce and to ensure a user’s compliance with this EULA, including the investigation of potential violations, (iv) to conduct risk assessments, and prevent, detect and investigate incidents of fraud, security and technical issues, (v) to protect the rights, property or safety of Happinetz, its other users or members of the public, and (vi) for the purpose of operating and improving the Happinetz Services and Happinetz Boxs (including for customer support purposes).

2.6.3 Cooperation by Licensee. Licensee agrees to cooperate with and assist Happinetz or its representative in good faith, in any such investigations, including by providing us with such information as Happinetz may reasonably request.

2.7. Contacts. By providing the contact information of the individuals that are included within Licensee’s network and whose usage Licensee manages (each a “Contact”), Licensee hereby represents that Licensee has all necessary authority and/or has obtained all necessary consents from each Contact to enable  Happinetz to access and use and disclose his/her Personally Identifiable Information as defined and set forth in the  Happinetz Privacy Policy.  Happinetz retains the right, but not the obligation, to confirm the consent of any Contact. In the event a Contact does not confirm his/her consent, Happinetz may remove the Contact from Licensee’s account.

2.8. Data Sharing. Happinetz may collect, process, and share data about Licensee with Happinetz’s service providers and with  ’s Happinetz’s parent company, Happy Parents Lab subsidiaries and affiliates. Happinetz may be under a duty to disclose or share Licensee personal data in order to comply with a legal obligation, or in order to protect Happinetz’s rights and those of other users and third parties. In addition, Happinetz reserves the right to collect, store, and use anonymous data about Licensee. For further information concerning Happinetz’s use of Licensee’ personal data, please refer to the  Happinetz Privacy Policy which can be found on our website.

3. LICENSE GRANT; RESTRICTIONS; OWNERSHIP; SERVICES LIMITATIONS

3.1. License Grants. Subject to the terms and conditions of this EULA,  Happinetz hereby grants to Licensee a personal, non-exclusive, non-transferable, non-sublicensable, limited license only (i) to install, administer, and operate the  Happinetz Box as part of a home network or any other compatible network over which Licensee has administrative authority; (ii) to install and integrate the Software in conjunction with Licensee’s network, Licensee’s computer or mobile devices, and other devices designed to access the  Happinetz Box or  Happinetz Account; (iii) to use the Software in complete, unmodified form on any such home network, computer, mobile , or other devices designed to interact with the  Happinetz Box; (iv) to access the  Happinetz Services and use the features and functionality provided by  Happinetz via the  Happinetz Services; and (v) to access and use the  Happinetz Content solely for the personal, non-commercial use by Licensee, and Licensee’s family and community members that are authorized by Licensee and authorized hereunder including Other Authorized Users. Any other use is expressly prohibited. This license is revocable at any time without notice and with or without cause. Unauthorized use of the  Happinetz Content may violate copyright, trademark, and applicable communications regulations and statutes and is strictly prohibited.

3.2. Restrictions on Use. Licensee shall not: (i) decompile, reverse engineer, disassemble, attempt to derive the source code, libraries for or structure of, or decrypt the Software,  Happinetz Content, API, or  Happinetz Services, even for research purposes; (ii) make any modification, adaptation, improvement, enhancement, translation or derivative work from the  Happinetz Content, Software, firmware, API, or  Happinetz Box; (iii) use the  Happinetz Content,  Happinetz Services, API, Software, firmware, or  Happinetz Box in a manner that derives revenue directly from such use, or use the  Happinetz Content,  Happinetz Services, API, Software or  Happinetz Box for any other purpose for which it is not designed or intended; (iv) install, use or permit the  Happinetz Content, API, or Software to exist on any other mobile Box or computer not allowed hereunder, or access the  Happinetz Content or  Happinetz Services in a manner not permitted or authorized hereunder; (v) distribute the Software, API, or passwords to access the  Happinetz Content or  Happinetz Services to unauthorized devices or users; (vi) use the  Happinetz Content, API, Software or Happinetz Services for creating a product, service or software that is, directly or indirectly, competitive with or in any way a substitute for any services, product or software offered by  Happinetz; (vii) use the  Happinetz Services, API, Software or  Happinetz Box to send automated queries to any website or to send any unsolicited commercial e-mail; (viii) use any proprietary information or interfaces of  Happinetz or other intellectual property of  Happinetz in the design, development, manufacture, licensing or distribution of any applications, accessories or devices for use with the Software or  Happinetz Box or that uses the  Happinetz Content; (ix) circumvent, disable or tamper with any security-related components or other protective measures applicable to the  Happinetz Content,  Happinetz Services, API, Software or the  Happinetz Box, (x) reproduce, archive, retransmit, distribute, disseminate, sell, lease, rent, exchange, modify, broadcast, synchronize, publicly perform, publish, publicly display, make available to third parties, transfer or circulate the  Happinetz Content, API, or Software; or (xi) query the API in a manner which causes damage or disruption to ’s servers or  Happinetz cloud services, or interferes with the operation of the API or  Happinetz Services for other users; (xii) attempt to utilize the API as a vector for scripts, worms, malware, or other intrusions into  ’s Happinetz’s networks, servers, or cloud services for any reason; (xiii) use the  Happinetz Content,  Happinetz Services, API,  Happinetz Box or Software for the purpose of directly competing with  Happinetz; or (xiv) use the  Happinetz Content,  Happinetz Services, API,  Happinetz Box or Software or other material in violation of any applicable law or regulation, including but not limited to any regulatory agency, such as FCC, rules or use or allow use of the  Happinetz Content,  Happinetz Services, API, or Software for any non-permitted activities or purposes. Licensee agrees to abide by the rules and policies established from time to time by  Happinetz. Such rules and policies may include, for example, required or automated updates, modifications, and/or reinstallations of the Software and obtaining available patches to address security, interoperability or performance issues. These obligations survive termination of this EULA.

3.3. Restriction on Modification. Licensee may not modify the  Happinetz Box, Software,  Happinetz Content, or  Happinetz Services for use in any way other than as described in Section 3.1. Any such modification will void any warranties, whether express or implied, on the  Happinetz Box and the Software, and subject Licensee to immediate termination of the  Happinetz Services. Further, any tampering with, destruction of, or other alteration of the  Happinetz Box will void any warranties, express or implied, on the  Happinetz Box. If and to the extent that the Software is designed to be compliant with any published communications standard (including, without limitation, Bluetooth SIG, IEEE, and ITU standards), Licensee may not make any modifications to the Software that would cause the Software or the accompanying  Happinetz Box to be incompatible with such standard.

3.4. Restriction on Distribution. Licensee shall not distribute the Software or API, or provide access to the  Happinetz Services, or  Happinetz Content, nor hold itself out as a distributor, author, or creator of the  Happinetz Content, Software, API, or  Happinetz Services, nor lead others to believe through implicit or explicit means that it has the right to sublicense or otherwise distribute the  Happinetz Content, API, Software or provide access to the  Happinetz Services. Licensee may not loan, lease, rent, distribute, resell, or otherwise distribute the  Happinetz Content, Software or provide access to the  Happinetz Services other than as provided by the terms of this EULA without the express written consent of  Happinetz.

3.5. Proprietary Notices. Licensee shall not remove, efface or obscure any copyright or trademark notices from the  Happinetz Content, Software or  Happinetz Services or from any copies thereof. Licensee acknowledges that any symbols, trademarks, trade names, and service marks adopted by  Happinetz to identify the Software,  Happinetz Content,  Happinetz Services, and/or  Happinetz Box belong to  Happinetz and that Licensee shall have no rights therein.

3.6. Ownership. Happinetz shall retain all right, title and interest, including all intellectual property rights, in and to (i) the design and technical specifications of the  Happinetz Box; (ii) all current or future  Happinetz applications, including the  Happinetz Apps, (iii) the Software; (iv) the  Happinetz Services; and (v) the  Happinetz Content. Furthermore, Licensee acknowledges and agrees that the source code and object code of the Software and the format, directories, queries, algorithms, structure and organization of the Software are the intellectual property and proprietary and confidential information of  Happinetz and/or its collaborators, licensors and suppliers. Licensee hereby acknowledges and agrees that it has no rights in or to the  Happinetz Box,  Happinetz Services,  Happinetz Content, API, or the Software apart from those granted in this EULA. Licensee hereby covenants that it will not assert any claim that the  Happinetz Services, Happinetz Content, API, or Software provided by  Happinetz hereunder and used or accessed by Licensee from time to time, regardless of whether created by or for  Happinetz, including any derivative works thereof, infringes any intellectual property right owned or controlled by Licensee. Licensee acknowledges and agrees that the Software, API, and all  Happinetz Content and the compilation (meaning the collection, arrangement, and assembly) of all  Happinetz Content are the property of  Happinetz or its licensors and are protected under copyright, trademark, and other laws.

3.7. No Other Rights Granted. Apart from the license rights expressly set forth in this EULA, Happinetz does not grant and Licensee does not receive any ownership right, title or interest nor any security interest or other interest in or to any intellectual property rights relating to the  Happinetz Box,  Happinetz Services,  Happinetz Content, API, and/or the Software, nor in or to any copy of any part of the foregoing. Licensee shall not have any right to grant a security interest in or to the  Happinetz Services, Happinetz Content, API, and/or the Software, or to any intellectual property relating to the foregoing or to the  Happinetz Box.

3.8. Feedback. Licensee acknowledges and agrees that all Feedback that Licensee or Other Authorized User provides to  Happinetz will be the sole and exclusive property of  Happinetz. Without limiting the foregoing, Licensee acknowledges that Feedback may be disseminated or used by  Happinetz or its affiliates for any purpose whatsoever, including developing, improving and marketing products. Licensee hereby irrevocably transfers and assigns to  Happinetz all of Licensee’s rights, title, and interest in and to all Feedback, including all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein, and waives any moral rights Licensee may have in such Feedback. Licensee agrees to sign and deliver such documents, and otherwise provide such assistance, as may reasonably be required from time to time to perfect Happinetz’s rights in and to such improvements, enhancements and modifications.

3.9. Limitations of the Services.

3.9.1 Content Blocking Not Guaranteed. Licensee acknowledges that use of the Happinetz Services does not guarantee that content Licensee deems objectionable will be 100% unavailable at all times or at any time. Licensee assumes full risk and responsibility for the use of or reliance on the Happinetz Services as regards content blocking. “False positive” content blocking may occur from time to time or at any time. Happinetz strives to allow sufficiently granular control of content filters to allow educational or meritorious content through, if that is the intent of the user. However, there is no guarantee that some content that Licensee would deem acceptable will not be blocked by the Happinetz Services. In the event that Licensee believes Happinetz is miscategorizing a site or service, please contact Happinetz support at the email id provided.

3.9.2 Behavioral Outcomes Not Guaranteed. Use of the Happinetz Services may include “reward” activities for users who are seeking to ensure that their children or other dependents are successfully completing tasks. As an example, a user may condition access to web content on the successful completion of homework or chores. Happinetz does not monitor, nor can it verify, user activity with respect to such reward activities. Happinetz makes no representations about the effectiveness of such methods.

3.9.3 Service Limitations. Service Limitations. There are certain circumstances (“Service Interruptions”) that may limit the availability or effectiveness of the Happinetz Services, including but not limited to the below:

  1. Service Area -The Happinetz Services are currently configured for use in the local jurisdiction in which Licensee registered for the  Happinetz Services. For example, users that registered for the  Happinetz Services in India will be limited to use of the  Services only in India and users that registered for the  Happinetz Services in India will be limited to use of the  Happinetz Services in India
  2. Service Interruptions - The Happinetz Services can be interrupted for any reason that disrupts internet access or GPS capabilities, including in the event of:
  1. electrical power outages
  2. natural disasters
  3. electronic interference
  4. an outage affecting the data transport service
  5. failure of originating or terminating access lines
  6. network congestion and/or reduced routing speed of Happinetz’s network or another network (for example, due to spikes in call volume in the wake of local or national disasters), causing failed calls, busy signals or unexpected answering wait times (which may be longer than emergency calls placed via traditional telephone networks)
  7. compatibility issues
  8. equipment failures relating to your equipment (e.g., your mobile phone) or Happinetz’s equipment, including, hardware or software failures or misconfiguration affecting Happinetz, its offices, data centers, and/or any of its service providers.

Accordingly, Happinetz assumes no liability for losses that You experience or incur due to circumstances and events beyond ’s Happinetz’s reasonable control, including Service Interruptions listed above in this Section 3.9.3.

3.10. Third-Party Content. The  Happinetz Services may contain content from  Happinetz partners and licensors. Except as provided within this EULA, Licensee may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, make derivative works based on, or sell any content appearing on or through the  Happinetz Services. Licensee understands and agrees that Licensee will not obtain, as a result of its use of the  Happinetz Services, any right, title, or interest in or to the  Happinetz Content, or any User Content delivered via the  Happinetz Services or in any intellectual property rights (including, without limitation, any copyrights, patents, trademarks, trade secrets, or other rights) in the  Happinetz Content or User Content.

3.11. Usage Data. Use of the  Happinetz Services, and features and applications within the  Happinetz Services, creates a record of Submissions and Usage Data. Subject to the terms outlined in the  Happinetz Privacy Policy found on our website.  Happinetz requires this Usage Data to: enable the provision of the  Happinetz Services; test, improve, and refine the capabilities of the Software; provide summary statistics on application and feature use, "up times," software response times, and other measures of application usage and performance; and for purposes with similar objectives of application improvement, improved feature development, and user behavior studies and reports. By using the  Happinetz Services, Licensee and all users agree to and hereby do assign, transfer, grant, and convey all rights, title, and interest in and to the Usage Data to  Happinetz. To the extent that such an assignment is deemed to be invalid, Licensee and all users agree to and hereby do grant to  Happinetz a world-wide, perpetual, irrevocable, non-exclusive, sub-licensable, royalty-free, transferable license to use the Usage Data for the above-described purposes.

3.12. Marks. Licensee acknowledges and agrees that the  Happinetz Marks are trademarks of  Happinetz. Without Happinetz’s prior written permission, and except as solely enabled by any link as provided by  Happinetz, Licensee agrees not to display or use in any manner the  Happinetz Marks.

3.13. Licensee Content.

3.13.1 Protection of Licensee Content. The  Happinetz Services may provide Licensee with the ability to create, post, or share Licensee Content.  Happinetz claims no ownership over Licensee Content. Licensee or a third party licensor, as appropriate, retain all copyright and trademark rights to any of the content Licensee posts on or through the  Happinetz Services. Licensee is responsible for protecting those rights.

3.13.2 License to Licensee Content. By creating, posting, or sharing Licensee Content on or through the  Happinetz Service, and subject to Happinetz’s Privacy Policy, Licensee grants  Happinetz a world-wide, perpetual, irrevocable, non-exclusive, sub-licensable, royalty-free, transferable license to reproduce, distribute, publicly display, publicly perform, create derivative works of, and otherwise use, modify, and exploit Licensee Content for the purposes of providing the  Happinetz Services. Licensee waives any rights it may have regarding Licensee Content being altered or manipulated in any way that may be objectionable to Licensee. This license will continue when Licensee stops using the  Happinetz Services.  Happinetz reserves the right to refuse to accept, post, display, or transmit any Licensee Content in its sole discretion.

3.13.3 Rights to Content Posted by Licensee. Licensee represents and warrants that: (i) Licensee owns the content posted by Licensee on or through the  Happinetz Services or otherwise has the right to grant the license set forth in this EULA; (ii) the posting and use of Licensee Content on or through the  Happinetz Services does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other rights of any person; and (iii) the posting of Licensee Content on the  Happinetz Services does not result in a breach of contract between Licensee and a third party. Licensee agrees to pay for all royalties, fees, and any other monies owing to any person by reason of content Licensee posts on or through the  Happinetz Services. Licensee also acknowledges and agrees that Licensee Content is non-confidential and non-proprietary.

3.13.4 Disclaimer of Liability by  Happinetz for User Content. Licensee does not represent or guarantee the truthfulness, accuracy, or reliability of User Content. Licensee accepts that any reliance on User Content will be at Licensee’s own risk. By using the  Happinetz Services Licensee accepts the risk that Licensee might be exposed to content that is objectionable or otherwise inappropriate.  Happinetz does not endorse any, nor is it responsible for, User Content on the  Happinetz Services.

3.13.5 Licensee Responsibility for Licensee Content. Licensee is solely responsible for Licensee Content on the  Happinetz Services. Licensee assumes all risks associated with Licensee Content, including anyone’s reliance on its quality, accuracy, or reliability. Licensee may expose itself to liability if, for example, Licensee Content contains material that is false, intentionally misleading, or defamatory; violates third-party rights; or contains material that is unlawful or advocates the violation of any law or regulation.

4. WARRANTY AND SUPPORT

4.1. Limited Warranty on the Happinetz Box.

This limited warranty covers the operation of Happinetz Boxs in Licensee’s home network. All Happinetz Boxs carry a warranty of operability for a period mentioned on the box/website from the date of purchase. If a Happinetz Box fails to power on, does not successfully initialize, or otherwise fails due to a manufacturing defect or through the normal use or wear of the Happinetz Box when used in accordance with Happinetz’s applicable specifications during the warranty period, LICENSEE’S FIRST RECOURSE FOR REFUNDS OR EXCHANGES IS TO THE RETAILER WHERE THE HAPPINETZ BOX WAS PURCHASED ACCORDING TO THE RETAILER’S RETURN POLICIES. If the retailer is unable to exchange or refund the purchase, Licensee may send the malfunctioning Box, along with a copy of the purchase receipt and, if applicable, a description of the problems encountered, to the address mentioned on our website under return policy.

Happinetz will inspect the  Happinetz Box and any accompanying documentation of malfunction. After such inspection, and depending upon the findings of such inspection,  Happinetz may at its discretion: (i) return the  Happinetz Box to the Licensee with a certification that it is functional; (ii) repair any manufacturing defect or malfunction caused by the normal use or wear of the  Happinetz Box when used in accordance with Happinetz’s applicable specifications, and then return the  Happinetz Box to the Licensee with a certification that a repair has been made, and that the  Happinetz Box should now function according to Happinetz’s applicable specifications; (iii) issue a refund to Licensee; (iv) send a replacement  Happinetz Box to Licensee; or (v) notify Licensee that the Box is not subject or entitled to the limited warranty. IF THE  HAPPINETZ BOX IS SUBJECT AND ENTITLED TO THE LIMITED WARRANTY, LICENSEE SHALL BE ENTITLED UNDER THIS SECTION 4.1 TO A REFUND OF ITS PURCHASE PRICE, REPAIR OF ITS  HAPPINETZ BOX, OR A REPLACEMENT  HAPPINETZ BOX, AT  ’S HAPPINETZ’S ELECTION. LICENSEE ACKNOWLEDGES AND AGREES THAT THIS LIMITED WARRANTY DOES NOT COVER ANY WEAR OR DAMAGE RESULTING FROM THE INCORRECT USE OF A  HAPPINETZ BOX, AND PROVIDES NO OTHER REMEDIES OR IMPLIES ANY LIABILITY ON  ’S HAPPINETZ’S PART. This limited warranty gives you specific legal rights, and you may also have other rights which vary from state to state.

Insofar as the Licensee utilizes  Happinetz Software installed on third-party hardware, any questions or concerns related to the functioning of the hardware must be handled in accordance with the third party’s expressed warranty and remediation processes.  Happinetz in no way assumes responsibility for the functionality or operability of third-party hardware.

4.2. Disclaimer of Warranties. THE  HAPPINETZ BOX, THE  HAPPINETZ SERVICES, THE API, THE  HAPPINETZ CONTENT, AND THE SOFTWARE ARE ALL OFFERED "AS IS" AND “WITH ALL FAULTS.” TO THE EXTENT PERMITTED BY LAW, AND APART FROM THE LIMITED WARRANTY IN SECTION 4.1, GRANTS AND LICENSEE RECEIVES NO WARRANTIES OF ANY KIND, WHETHER ESTABLISHED BY STATUTE, COMMUNICATION OR CONDUCT WITH LICENSEE, OR OTHERWISE.  HAPPINETZ DISCLAIMS ALL AND GRANTS NO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT CONCERNING THE  HAPPINETZ BOX, THE  HAPPINETZ SERVICES, THE API, THE  HAPPINETZ CONTENT, THE SOFTWARE, OR ANY UPGRADES TO OR DOCUMENTATION FOR ANY OF THE  HAPPINETZ BOX, THE  HAPPINETZ SERVICES, THE API, THE  HAPPINETZ CONTENT, OR THE SOFTWARE. WITHOUT LIMITATION OF THE ABOVE, HAPPINETZ GRANTS NO WARRANTY THAT THE SOFTWARE, HAPPINETZ BOX, HAPPINETZ CONTENT, API, OR  HAPPINETZ SERVICES ARE ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION, AND GRANTS NO WARRANTY REGARDING THEIR USE OR THE RESULTS THEREFROM INCLUDING, WITHOUT LIMITATION, THEIR CORRECTNESS, ACCURACY OR RELIABILITY. 

THIS SECTION SHALL SURVIVE TERMINATION OF THIS EULA. FURTHERMORE, HAPPINETZ AND ITS COLLABORATORS, SUPPLIERS AND LICENSORS MAKE NO WARRANTY THAT (I) THE SOFTWARE, HAPPINETZ BOX, API, HAPPINETZ CONTENT, OR HAPPINETZ SERVICES WILL MEET YOUR REQUIREMENTS; (II) THE SOFTWARE, HAPPINETZ BOX, API, CONTENT, AND HAPPINETZ SERVICES WILL BE UNINTERRUPTED, ACCURATE, RELIABLE, TIMELY, SECURE, FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS OR ERROR-FREE; (III) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL ACCESSED OR OBTAINED BY YOU THROUGH THE SOFTWARE, HAPPINETZ BOX, API, HAPPINETZ CONTENT, OR HAPPINETZ SERVICES WILL BE AS REPRESENTED OR MEET YOUR EXPECTATIONS; OR (IV) ANY ERRORS IN THE SOFTWARE, HAPPINETZ BOX, API, HAPPINETZ CONTENT, AND HAPPINETZ SERVICES WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM HAPPINETZ OR FROM THE SOFTWARE, HAPPINETZ BOX, API, HAPPINETZ CONTENT, OR HAPPINETZ SERVICES SHALL CREATE ANY REPRESENTATION, WARRANTY OR GUARANTEE. FURTHERMORE, YOU ACKNOWLEDGE THAT HAPPINETZ AND ITS COLLABORATORS, SUPPLIERS AND LICENSORS HAVE NO OBLIGATION TO CORRECT ANY ERRORS OR OTHERWISE.

4.3. Acknowledgements and Warranties.

4.3.1 Licensee’s Affirmation. LICENSEE AFFIRMS THAT IT HAS READ THE FOREGOING AND ACKNOWLEDGES THAT:

  1. HAPPINETZ DOES NOT AND CANNOT GUARANTEE THAT THE  HAPPINETZ SERVICES WILL BE CONTINUOUS OR ERROR-FREE. FOR EXAMPLE, THE SERVICES MAY NOT BE AVAILABLE OUTSIDE OF THE SERVICE AREA OR UNDER CIRCUMSTANCES SET FORTH ABOVE.
  2. IF LICENSEE’S MOBILE OR DATA PLAN SERVICES OR ACCESS TO THE INTERNET OR THE HAPPINETZSERVICES IS/ARE SUSPENDED, CANCELED OR TERMINATED (E.G., AS A RESULT OF BILLING ISSUES OR OTHER BREACH), LICENSEE MAY NOT BE ABLE TO USE SOME OR ALL OF THE  HAPPINETZ
  3. LICENSEE IS EXCLUSIVELY RESPONSIBLE FOR ITS USE OF THE HAPPINETZ ABUSE OF THE  HAPPINETZSERVICES MAY SUBJECT LICENSEE TO CIVIL AND CRIMINAL FINES AND PENALTIES.

4.3.2 Licensee’s Warranties. Licensee represents and warrants to Happinetz that:

  1. Licensee has the power and authority to accept and agree to the Terms and this EULA;
  2. Licensee owns or controls all of the rights necessary to grant the rights and licenses granted herein;
  3. that Licensee has requested and received the consent of all individuals for whom Licensee has submitted contact information to include them in the Happinetz Services, including to share their telephone number and/or email address with  Happinetz;
  4. Licensee will not violate any federal, state or local laws, rules or regulations or infringe the rights of any third party, including, any intellectual property, privacy or publicity-related rights, in connection with Licensee Content or otherwise in connection with Licensee’s access to or use of the Services or Happinetz Box;
  5. the exercise by Happinetz of the rights granted by Licensee hereunder will not cause  Happinetz to violate any applicable laws, rules or regulations, or to infringe the rights of any third party; and
  6. all account information provided by Licensee will be complete, accurate and up-to-date when provided, and updated as necessary to ensure that it remains complete, accurate and up-to-date.

4.4. No Support. Licensee agrees that nothing in this EULA shall obligate  Happinetz to provide any support for the  Happinetz Box, API, or Software.  Happinetz may, but shall be under no obligation to, correct any defects in the Software and/or provide updates to licensees of the Software. Licensee shall make reasonable efforts to promptly report to  Happinetz any defects it finds in the Software, as an aid to creating improved revisions of the Software.

4.5. Modifications and Updates. Happinetz reserves the right, in its sole discretion, to modify or discontinue offering the  Happinetz Services, in whole or in part, including any features, functionality, tools or content thereof, at any time, for any reason or no reason, with or without notice to Licensee.  Happinetz may from time to time develop and provide Updates for the  Happinetz Services, Happinetz Content, API, Software or  Happinetz Boxs. Updates may also modify or delete features, functionality, tools or content in their entirety. Based on Licensee’s mobile device settings, when Licensee’s mobile device is connected to the internet either: (a) the Updates will automatically download and install; or (b) Licensee may receive notice of or be prompted to download and install available Updates. Please promptly download and install all Updates. If Licensee does not install the latest Updates, portions of the  Happinetz Services, Software, API, Happinetz Content, and/or  Happinetz Box may not properly operate. All Updates will be deemed part of the  Happinetz Services, Software, API, Happinetz Content, and  Happinetz Boxs and be subject to all terms and conditions of the EULA. Licensee agrees that  Happinetz has no obligation to provide any Updates or to continue to provide or enable any particular features, functionality, tools or content, and will not be liable with respect to any such modifications, discontinuances or deletions.

4.6. Dangerous Applications. The  Happinetz Box,  Happinetz Services, API, and the Software are not designed, intended, or certified for use in components of systems intended for the operation of weapons, weapons systems, nuclear installations, means of mass transportation, aviation, life-support computers or equipment (including resuscitation equipment and surgical implants), pollution control, hazardous substances management, or for any other dangerous application in which the failure of the  Happinetz Box,  Happinetz Services, API, or the Software could create a situation where personal injury or death may occur. Licensee understands that use of the  Happinetz Box,  Happinetz Services, API, and the Software in such applications is fully at the risk of Licensee.

4.7. Supported Uses. The Software, Happinetz Services, API, and the  Happinetz Box with which it is used are limited in the systems and applications that are supported. Licensee is required to read the documentation delivered with the  Happinetz Box or provided online on website to determine if its intended use is supported.

4.8. Permission to Access. Licensee understands and agrees that directly requesting support through any communication channel for the setup, continued use, or technical troubleshooting of its  Happinetz Box,  Happinetz Services, or  Happinetz Account will also constitute express permission to allow  Happinetz or its duly authorized support representatives to access Licensee’s  Happinetz Box or  Happinetz Account details remotely for the sole purposes of viewing or changing logs, configurations, software processes, or any other information stored locally on the  Happinetz Box or in  Happinetz servers.  Happinetz requires such access in order to troubleshoot, debug, or optimize the setup or use of Licensee’s  Happinetz Services. Licensee may limit the level of access  Happinetz or its duly authorized support representatives have to Licensee's  Happinetz Box or  Happinetz Account only by explicitly stating at the moment of the support request the specific limitations they wish to impose with regard to the logs, diagnostics, configurations, software processes, or other locally-stored information.

4.9. Communications. By using the  Happinetz Services or providing Personal Information to  Happinetz, Licensee agrees that  Happinetz may communicate with Licensee electronically regarding security, privacy, and administrative issues relating to Licensee’s use of the  Happinetz Services, as well as for product releases, product updates, marketing events, and third-party products or services  Happinetz would like to communicate with Licensee about. If  Happinetz learns of a security breach, Happinetz may attempt to notify Licensee electronically by posting a notice on the  Happinetz Services or sending an email to Licensee. Licensee may have a legal right to receive this notice in writing. To withdraw Licensee’s consent from receiving electronic notices, please write to  Happinetz at the email ids on website.

5. TERM AND TERMINATION

5.1. Term, Termination. This EULA shall continue in full force and effect for as long as Licensee uses one or more  Happinetz Boxs,  Happinetz Services, API,  Happinetz Content, the Software, or any networked or stand-alone application designed to interact with the Box or the Software. This EULA will automatically terminate if Licensee fails to comply with any of the terms and conditions hereof, subject to a fifteen (15) day notice and cure period in the absence of willful misconduct. In the event that  Happinetz could not reasonably be expected to discover Licensee’s noncompliance, Licensee agrees and acknowledges that its noncompliance will result in automatic termination with no such notice and cure period.

5.2. Effect of Termination. Upon any termination of this EULA, the rights and licenses granted to Licensee under this EULA shall immediately terminate.

5.3. Survival. The rights and obligations under this EULA which by their nature should survive termination, including but not limited to sections 6 - Confidentiality, Restrictions, 7 - Limitation of Liability; Indemnity, 8 - Arbitration; Class Waiver; Waiver of Jury Trial, and 11 - Miscellaneous will remain in effect after expiration or termination of this EULA.

6. CONFIDENTIALITY

6.1. Obligations. Licensee acknowledges and agrees that any documentation relating to the Software,  Happinetz Box, API,  Happinetz Services, and any other information (if such other information is identified as confidential or should be recognized as confidential under the circumstances) provided to Licensee by  Happinetz hereunder (collectively, "Confidential Information") constitute the confidential and proprietary information of  Happinetz, and that Licensee's protection thereof is an essential condition to Licensee's use and possession of the  Happinetz Box, API,  Happinetz Services, and Software. Licensee shall retain all Confidential Information in strict confidence and not disclose it to any third party or use it in any way except as required to comply with law or a binding order of a court of governmental authority with the authority to require disclosure or under a written agreement with terms and conditions at least as protective as the terms of this Section. Licensee will exercise at least the same amount of diligence in preserving the secrecy of the Confidential Information as it uses in preserving the secrecy of its own most valuable confidential information, but in no event less than reasonable diligence. Information shall not be considered Confidential Information if and to the extent that it: (i) was in the public domain at the time it was disclosed or has entered the public domain through no fault of Licensee; (ii) was known to Licensee, without restriction, at the time of disclosure as proven by the files of Licensee in existence at the time of disclosure; or (iii) was developed by or for Licensee without use or knowledge of or access to  ’s Happinetz’s Confidential Information or violation of this EULA or (iv) becomes known to Licensee, without restriction, from a source other than  Happinetz without breach of this EULA by Licensee and otherwise not in violation of  's Happinetz’s rights.

6.2. Return of Confidential Information. Notwithstanding the foregoing, all documents and other tangible objects containing or representing  Happinetz Confidential Information and all copies thereof which are in the possession of Licensee shall be and remain the property of  Happinetz, and shall be promptly returned to  Happinetz, and all electronic copies deleted, upon written request by  Happinetz or upon termination of this EULA.

6.3. Injunctive Relief. In addition to any other rights and remedies available to  Happinetz hereunder or at law, Licensee acknowledges and agrees that due to the nature of Happinetz’s Confidential Information Licensee’s confidentiality obligations to  Happinetz hereunder are of a unique character and agrees that any breach of such obligations may result in irreparable and continuing damage to  Happinetz for which there will be no adequate remedy in damages. Notwithstanding anything to the contrary in this EULA,  Happinetz will be authorized and entitled to obtain injunctive relief, without the necessity of posting a bond even if otherwise normally required, and/or a decree for specific performance, and such further relief as may be proper from a court with competent jurisdiction.

7. LIMITATION OF LIABILITY; INDEMNIFICATION

7.1. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL HAPPINETZ, ITS AFFILIATES, OR ANY OF ’S HAPPINETZ’S COLLABORATORS, SUPPLIERS, RESELLERS, OR LICENSORS NOR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AND AGENTS, BE LIABLE FOR ACCIDENTS, PROPERTY DAMAGE, PERSONAL INJURY, DEATH, OR HAVE ANY LIABILITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, ARISING OUT OF THIS EULA, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, WHETHER OR NOT THE DAMAGES WERE FORESEEABLE AND WHETHER OR NOT SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL HAPPINETZ’S LIABILITY WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED THE AMOUNT PAID BY LICENSEE FOR THE HAPPINETZ BOX UNDER THIS EULA. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. THESE OBLIGATIONS SURVIVE TERMINATION OF THIS EULA. IN SOME JURISDICTIONS LIMITATIONS OF LIABILITY ARE NOT LEGALLY BINDING.

7.2. Indemnification. Licensee agrees to defend, hold harmless and indemnify  Happinetz and its officers, directors, employees, agents, vendors, affiliates, partners, resellers and licensors (the “ Happinetz Indemnified Party” or “ Happinetz Indemnified Parties”) from and against any damages, costs, liabilities, settlement amounts and/or expenses (including attorneys' fees) incurred in connection with any claim, lawsuit or action by any third party that arises or results from (i) the unauthorized or uncontemplated use or distribution of the  Happinetz Box, API,  Happinetz Content,  Happinetz Services, or the Software by the Licensee; (ii) Licensee Content; (ii) Licensee’s use of or reliance on any User Content, (iii) Licensee’s use of or reliance on any  Happinetz Content, (iv) Licensee’s breach of these EULA, or (v) Licensee’s gross negligence or willful misconduct. Licensee agrees that, at the  Happinetz Indemnified Party’s option, Licensee will conduct the defence of any such claim or action; provided that, notwithstanding the  Happinetz Indemnified Party’s election that Licensee conduct the defense, (i) the  Happinetz Indemnified Party’s may nevertheless participate in such defense or settlement negotiations and pay its own costs associated therewith, and (ii) Licensee will not enter into any settlement or other compromise without the prior written approval of the  Happinetz Indemnified Party (which approval shall not be unreasonably withheld), unless such settlement or other compromise includes a full and unconditional release of the relevant parties from all liabilities and other obligations in respect of such claim or action.

8. Arbitration; Class Waiver;

Licensee and Happinetz agree to submit to the personal and exclusive arbitration of any disputes relating to Licensee’s access or use of the Happinetz Service under the and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. All arbitrations shall be conducted and resolved on an individual basis and not a class-wide, multiple plaintiff or similar basis. No arbitration shall be consolidated with any other arbitration proceeding involving any other person or entity. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST HAPPINETZ ONLY ON AN INDIVIDUAL BASIS AND HEREBY WAIVE THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING, TO THE MAXIMUM EXTENT NOT PROHIBITED BY APPLICABLE LAW. FURTHER, UNLESS BOTH YOU AND HAPPINETZ OTHERWISE AGREE IN WRITING, THE COURT MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. Licensee acknowledges and understand that, with respect to any dispute with the Released Parties arising out of or relating to Licensee’s use of the Service or this EULA:

  • YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE; AND
  • YOU MUST FILE ANY CLAIM WITHIN ONE (1) month AFTER SUCH CLAIM AROSE OR IT IS FOREVER BARRED.

Any amendment to this section (other than an amendment to any notice address or site link provided herein) in the future, shall not apply to any claim that was filed in a legal proceeding against us prior to the effective date of the amendment. However, the amendment will apply to all other disputes or claims governed by this section that have arisen or may arise between you and Happinetz after the effective date of the amendment. We will notify you of amendments to this section by posting the amended EULA on website.

You agree that in the event of a dispute that is not subject to this Arbitration section in this EULA, or if this Arbitration Agreement is found to be unenforceable any action at law or in equity arising out of or relating in any way to this EULA or your use of the Services, except any claim properly lodged in a Small Claims Court of India, will be filed only in the state or federal courts located in Maharashtra, India, and you hereby consent and submit to the personal and exclusive jurisdiction of such courts to litigate any such action. You further agree that any such claims will be brought solely on an individual basis and not as part of any class, consolidated, or representative capacity.

All notices under this section 8 must be in writing and will be deemed given when: (a) personally delivered; (b) verified by a written receipt, if sent by postal mail with verification of receipt service or courier; (c) received, if sent by postal mail without verification of receipt, or; (d) verified by automated receipt or electronic logs if sent by email, provided that no bounce or other technical error message was received in response. Notices to Happinetz must be sent to address marked to the attention of the Legal Department, with a copy emailed to as mentioned on website. Email alone is insufficient for providing non-routine legal notices to Happinetz such as notices related to disputes or arbitration, indemnification claims, breach notices, and termination notices (“Non-Routine Notices”) to Happinetz. You may grant approvals, permission, extensions, and consents by email. Notices to you may be sent to the email address associated with your account for the Services. You consent to receive certain electronic communications from us in connection with your use of the Services. You agree that any notices or other communications sent to you electronically will satisfy any legal notice requirements. You must keep contact details associated with your account and accurate, and you will notify Happinetz in writing of any changes to such details.

9. ACCOUNTS

9.1. Account Registration. Licensee must register for a User account before Licensee will be able to use any of the  Happinetz Services. Licensee may register to create an account directly via the Software/APP. Licensee may not register for an account on behalf of any other person (other than Licensee’s family or community members). No person or entity may have more than one active account at any given time for a specific location.

Designated administrators will create their own account, and will designate the other individuals who are subject to their oversight when registering for and using the  Happinetz Services. Administrators for Licensee will have access to manage and view activities associated with all of the accounts/devices registered to Licensee. (For simplicity, both accounts and subaccounts will be referred to hereafter as “accounts”).

The  Happinetz Services are not designed for and may not be used for business purposes. Any use of the  Happinetz Services for business purposes is a material breach of this EULA and shall subject this EULA to immediate termination by  Happinetz.

9.2. Account Set-Up. Licensee agrees to provide complete, accurate and up-to-date information during the registration process, and represents and warrants that the information Licensee provided and provides to  Happinetz upon registration of the  Happinetz Box, creation of an account via Happinetz APP, and at all other times will be true, accurate, current, and complete, and Licensee agrees to update such information as necessary to ensure that it remains complete, accurate and up-to-date. Please note that the name and contact information that Licensee submits when registering will be shared in accordance with Licensee’s selections in the account settings when Licensee shares information.

When Licensee creates an account, Licensee will be asked to create a username/email and password (or use your existing  Happinetz login credentials or login/signup through Google/Facebook/Whatsapp), which Licensee will be solely responsible for safeguarding.  Happinetz encourages Licensee to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with the  Happinetz Service account or any other account that Licensee may connect to the  Happinetz Service account. Licensee agrees not to disclose Licensee’s username or password to any third party, and Licensee agrees to immediately notify  Happinetz of any unauthorized use of Licensee’s account. Licensee further acknowledges and agrees that Licensee will be solely responsible for any activities or actions on or through Licensee’s account, whether or not Licensee has authorized such activities or actions.  Happinetz cannot and will not be liable for any loss or damage arising from Licensee’s failure to comply with the above requirements.

To use the  Happinetz Services, the Box Licensee uses to administer the  Happinetz Account will be authenticated to Licensee’s specific configuration and may require some kind of log-in information, such as a username, password, or PIN code. Licensee’s  Happinetz Account is personal to Licensee, and Licensee may not share  Happinetz Account information with, or allow access to Licensee’s  Happinetz Account by, any third party. Licensee agrees to use reasonable efforts, such as using the  Happinetz Apps’ security feature(s), to prevent unauthorized access to or use of the  Happinetz Services and to preserve the confidentiality of Licensee’s PIN, username, or password, as well as any Box that Licensee uses to access the  Happinetz Services. To the extent that Licensee is a parent in a household having two parents, both parents must share credentials to allow both parents to act as administrators for their household.

9.3. Third Party Charges and Mobile Alerts. Licensee is solely responsible for any fees or charges incurred to access the  Happinetz Box, API,  Happinetz Content, Software and  Happinetz Services through an internet access provider or other third party, including without limitation data charges incurred if Licensee is not connected to WiFi access, charges to receive SMS messages or other mobile access, which may be billed to Licensee or deducted from Licensee’s prepaid balance by Licensee’s mobile provider. Licensee agrees that  Happinetz is not liable in any way for any third party charges.

10. LINKS TO THIRD PARTY WEBSITES AND SERVICES.

The Happinetz Apps and Happinetz Services may also provide links to third party websites, resources or services. Licensee acknowledges and agrees that Happinetz is not responsible or liable for (i) the availability, terms or practices of such websites, resources or services, or (ii) the content, products or services available on or through such websites, resources or services, including that any information provided is complete, accurate or up-to-date. Links to such websites, resources or services do not imply any endorsement by Happinetz of such websites, resources or services or the content, products or services available on or through such websites, resources or services. Licensee acknowledges sole responsibility for and assumes all risk arising from Licensee’s use of any such websites, resources or services or the content, products or services available on or through such websites or services. Happinetz will not be responsible or liable for any damage or harm resulting from Licensee’s interactions with such websites or services, or the content, products or services available on or through such websites or services.

11. MISCELLANEOUS

11.1. Assignment. This EULA shall be binding upon and inure to the benefit of the parties and their respective successors and assigns, provided, however that Licensee may not assign this EULA or any rights or obligation hereunder, directly or indirectly, by operation of law or otherwise, without the prior written consent of  Happinetz, and any such attempted assignment shall be void. Notwithstanding the foregoing, Licensee may assign this EULA to a successor to all or substantially all of its business or assets to which this EULA relates that will not use the  Happinetz Box, API,  Happinetz Content,  Happinetz Services, Software or rights hereunder in direct competition with  Happinetz or to assist any other person or entity in competing with  Happinetz.

11.2. Governing Law; Venue. This EULA shall be governed by the laws of the India.

11.4. Severability. All terms and provisions of this EULA shall, if possible, be construed in a manner which makes them valid, but in the event any term or provision of this EULA is found by a court of competent jurisdiction to be illegal or unenforceable, the validity or enforceability of the remainder of this EULA shall not be affected if the illegal or unenforceable provision does not materially affect the intent of this EULA. If the illegal or unenforceable provision materially affects the intent of the parties to this EULA, this EULA shall become terminated.

11.5. Equitable Relief. Licensee hereby acknowledges that its breach of this EULA would cause irreparable harm and significant injury to  Happinetz that may be difficult to ascertain and that a remedy at law would be inadequate. Accordingly, Licensee agrees that  Happinetz shall have the right to seek and obtain immediate injunctive relief to enforce obligations under the EULA in addition to any other rights and remedies it may have, without the obligation to post a bond even if ordinarily required.

11.6. Waiver. The waiver of, or failure to enforce, any breach or default hereunder shall not constitute the waiver of any other or subsequent breach or default.

11.7. Updates to this License. Happinetz reserves the right to alter or amend this EULA at any time, in its sole discretion.  Happinetz shall provide new version of this EULA on its website/APP, Licensee’s continued use of the  Happinetz Box,  Happinetz Services, API,  Happinetz Content, or Software subsequent to such revision shall be deemed acceptance of the amended license and Licensee’s sole alternative shall be to terminate this EULA and cease use of the  Happinetz Box,  Happinetz Services, API,  Happinetz Content, and Software.

11.8. Notices. Except as specified in Section 8 above, any notices or other communications permitted or required hereunder, including those regarding modifications to the Terms, will be in writing and given by  Happinetz (i) via e-mail (in each case to the address that You provide), or (ii) by posting to the Site or via the  Happinetz Services. For notices made by e-mail, the date on which such notice is transmitted will be deemed the date of receipt

11.9. Entire Agreement. This EULA sets forth the entire agreement between the parties and supersedes any and all prior proposals, agreements and representations between them, whether written or oral concerning the Software. This EULA may be changed only by mutual agreement of the parties in writing.

11.10. Force Majeure. Neither  Happinetz nor you will be liable for inadequate performance under this EULA to the extent caused by events beyond the reasonable control of a party, which may include denial-of-service attacks, internet disturbance, strikes, riots, pandemics or epidemics, natural disasters, acts of God, war, terrorism, and governmental action.

11.11. Interpretation. This EULA was prepared and written in English. Any non-English translations of this EULA which may be made available are provided for convenience only and are not valid or legally binding. Use of section headings in this EULA is for convenience only and will not have any impact on the interpretation of particular provisions. The use of the words "includes," "including," "such as," "for example," and similar terms are deemed not to limit what else might be included.

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