Terms and Conditions
Welcome to HapPhi!
These Terms and Conditions of Use ("Agreement") is a legal agreement between you and HAPPHI, Inc.(hereinafter referred to as "Website Owner"), the owner and developer of HAPPHI.com. By utilizing or registering for any service provided onHAPPHI.com you become a user ("USER") and you agree to be bound byall of the terms (the "Terms") set forth in this Agreement. IF YOU DONOT AGREE TO THE TERMS, PLEASE DO NOT USE THE WEBSITE. The Terms are subject to change at any time, effective upon notice.
BY USING THIS WEBSITE, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THE TERMS. THE MOST CURRENT VERSION OF THE TERMS, WHICH SUPERSEDES ANY AND ALL PREVIOUS VERSIONS. HAPPHI.COM RESERVES THE RIGHT TOC HANGE THE TERMS AT ANY TIME AND WITHOUT NOTICE TO YOU.
Because you agree that by using HapPhi, you will comply with and be bound by the following terms and conditions, please read them carefully.
Eligibility
You must be at least 18 years old and capable of forming a binding contract to use the Website. If you are under 18, you may only use the Website under the supervision of a parent or legal guardian.
1.Definitions
"HapPhi":Refers to the platform and its services provided by our company.
"User":Refers to any individual or entity using HapPhi services.
"Services":Refers to all features, functionalities, and services offered by HapPhi.
2.Acceptance of Terms
By accessing or using HapPhi, you agree to be bound by these Terms and Conditions. If you do not agree with these terms, please do not use HapPhi.
3.Changes to Terms
HapPhi reserves the right to update or modify these Terms and Conditions at any time.Your continued use of HapPhi following any changes indicates your acceptance of the new terms.
4.Services Provided
HapPhi offers the following services:
· Data Management: Secure storage, processing, and retrieval of data, including encrypted file sharing using Fully Homomorphic Encryption (FHE) with MicrosoftSEAL.
· AdvancedSearch: Powerful search capabilities with features like search autocomplete, personalized search results, and advanced filters.
· DocumentManagement: Upload, organize, and manage documents with OCR capabilities and integration with MongoDB and PostgreSQL.
· ChatFunctionality: Real-time chat and document sharing within the platform.
· Integration with External APIs: Ability to integrate with external services for enhanced functionalities.
· Interactive Dashboards: Visual representation of data through charts and graphs using ApexCharts.
5. UserResponsibilities
Users agree to:
· Provide accurate and complete information when creating an account.
· Maintain the security of their account by keeping login credentials confidential.
· Use the Website and the Services for lawful purposes only and in accordance with these Terms.
· Use HapPhi in compliance with all applicable laws and regulations.
· Not upload or share malicious code, unauthorized scripts, or harmful content.
· Not use the Website in any way that could damage, disable, overburden, or impair our servers or networks.
· Not attempt to gain unauthorized access to any part of the Website or any of our systems.
· Use of Chat Features. Our Website may include chat features that allow you to communicate with us or other users.By using these features, you agree to communicate respectfully and not to share any personal or sensitive information. We reserve the right to monitor, review, and remove any content posted through the chat features at our discretion.
6. DataSecurity and Privacy
Encryption:HapPhi uses FHE and other encryption methods to ensure the security of user data.
DataPrivacy: User data is handled in accordance with our Privacy Policy. We do not share personal data with third parties without user consent.
Data Storage and Security. We utilize AWS tools for data storage and security. While we implement industry-standard security measures to protect your data, we cannot guarantee absolute security. You acknowledge that you use our services at your own risk.
7.Limitations of Liability and Indemnification. Neither HAPPHI, Inc. nor any of its Owners, employees, or developers makes any warranty, express or implied, including warranties of merchantability and fitness for a particular purpose, or assumes any legal liability for the accuracy, completeness, or usefulness ofany information from this server or the links to servers via HAPPHI.com. Byusing any services provided by HAPPHI.com, you agree that in no event will HAPPHI.com, HAPPHI, Inc. Website Owner, its and their officers, employees, agents, affiliates, licensees and web hosting services be liable for any director indirect, incidental, special or consequential damages as a result of your accessing the website and using any of the services available. We do not guarantee that the Website will be error-free, uninterrupted, or free of viruses. You indemnify and agree to defend and hold harmless HAPPHI.com,HAPPHI, Inc., Website Owner, its and their officers, employees, agents,affiliates, licensees and web hosting services and third parties for any losses, costs, liabilities and expenses (including but not limited to courtcosts, legal fees, awards or settlements) relating to or arising out of your use of HAPPHI.com, including any breach by you of the Terms contained in thisAgreement.
Limitation of Liability for Data Storage. To the fullest extent permitted by law, HAPPHI.com,HAPPHI, Inc., Website Owner, its and their officers and/or employees, shall not be liable for any loss or damage to data stored on our servers, including but not limited to loss or damageresulting from unauthorized access, use, alteration, or destruction of your data.
Limitation of Liability for AWS Services. To the fullest extent permitted by lawHAPPHI.com, HAPPHI, Inc., Website Owner, its and their officers and/oremployees shall not be liable forany direct, indirect, incidental, special, consequential, or punitive damages, or any other damages of any kind, arising out of or related to your use ofservices provided through AWS, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses, whether based oncontract, tort, strict liability, or otherwise, even if we have been advised of the possibility of such damages.
8. UserContent
Users retain ownership of the content they upload to HapPhi. By uploading content, users grant HapPhi a non-exclusive, worldwide, royalty-free license to use, store, and process the content for the purpose of providing the services. By submitting information to HAPPHI.com, HAPPHI, Inc. and Website Owner you represent that you have the right to grant permission for use by HAPPHI, Inc.and Website Owner for the intended purposes.
Rightto Use De-identified Data for Training Purposes. By using our services, you grantHAPPHI.com, HAPPHI, Inc., Website Owner the right to use de-identified data derived from your use of the Website and associated services for training and improving our services. You have the right to specify which data should bede-identified. To exercise this right, please contact us at the contact information listed within these Terms.
DataStorage and Security.We provide data storage services using industry-standard security measures.However, we cannot guarantee absolute security. You acknowledge and agree that you use our data storage services at your own risk.
5.Limitation of Liability TO THE FULLEST EXTENT PERMITTED BY LAW, [YOUR COMPANY NAME] SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE OR DATA STORAGE SERVICES,INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA,OR OTHER INTANGIBLE LOSSES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY,OR OTHERWISE, EVEN IF HAPPHI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL HAPPHI, INC.'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE WEBSITE OR USING THE DATA STORAGE SERVICES.
Data Integrity and Backups.While we strive to maintain the integrity of the data you store with us, we do not guarantee or warrant that your data will be free from loss, corruption, attack, viruses, interference, hacking, or other security intrusions. It is your responsibility to maintain appropriate backups of your data.
Right to Terminate or Suspend Services.We reserve the right to terminate or suspend your access to the Website and data storage services at any time, with or without cause or notice. Upon termination, your right to use the Website and services will immediately cease.
DataRetention Policy.In the event of termination or suspension of your account, we will retain your data for a period of sixty (60) days. During this period, you will have limited access to retrieve your data. After this period, your data will be permanently deleted from our servers.
Disclaimer of Warranties. THE WEBSITE AND DATA STORAGE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED,INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FORA PARTICULAR PURPOSE, AND NON-INFRINGEMENT. [YOUR COMPANY NAME] DOES NOT WARRANT THAT THE WEBSITE OR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
9.Intellectual Property
All intellectual property rights in HapPhi, including software, trademarks, and service marks, are owned by HapPhi. Users are granted a limited, non-exclusive,non-transferable license to use the platform in accordance with these terms.
Ownership,Copyrights, Trademarks, Licenses. HAPPHI.com, and HAPPHI, Inc., Website Owner owns and retain all proprietary rights to the HAPPHI.com Services, its trademarks and copyrights. Except for any information that is in the public domain, you are not authorized to reproduce, transmit or distribute the proprietary information of HAPPHI.com, HAPPHI, Inc. and Website Owner. All content on the Website, including but not limited to text, graphics, logos,images, and software, is the property of HAPPHI.com, and HAPPHI, Inc., and Website Owner and is protected by intellectual property laws. You may not reproduce, distribute, or create derivative works from any content on the Website or from the Services without our express written permission.
10.Account Termination
HapPhi reserves the right to suspend or terminate user accounts at its sole discretion if users violate these Terms and Conditions or engage in activities that harm the platform or other users.
11. No Warranties.HAPPHI.com, HAPPHI, Inc. and Website Owner provide the HAPPHI.com services on an "as is" basis and do not make any warranty, express, implied,limited or other with respect to the services provided. SpecificallyHAPPHI.com,HAPPHI, Inc. and Website Owner do not warrant that the service will always be available, be uninterrupted, be error free, meet your requirements, or that any defects in the services will be corrected.
12.Subscription and Billing
Free Trial We may offer a free trial period for our services. The duration and terms of the free trial will be specified on the Website. You may be required to provide billing information to sign up for the free trial. Upon the expiration of the free trial period, you will be automatically enrolled in a paid subscription plan unless you cancel before the trial period ends.
Auto-Billing for Services By signing up for our services, you agree to be automatically billed according to the subscription plan you select. Billing will occur at the start of each billing cycle, and you authorize us to charge your provided payment method for the applicable fees. You may update your billing information at any time through your account settings.
Pricing by Tiers Our services are offered at different pricing tiers. Each tier provides different levels of service and features, as detailed on our Website. You can upgrade or downgrade your subscription tier at any time, and the changes will take effect at the start of the next billing cycle.
Alerts and Notifications We will send important notifications and alerts through the Website and to the email address you provided during registration. It is your responsibility to ensure that your email address is up-to-date and to check for these notifications regularly.
Account Suspension and Data Storage IF PAYMENT IS NOT RECEIVED BY THE DUE DATE, YOUR ACCOUNT WILL BE SUSPENDED. WE WILL STORE DATA IN YOUR ACCOUNT FOR A MAXIMUM PERIOD OF SIXTY (60) DAYS AFTER SUSPENSION. DURING THIS PERIOD, COURTESY REMINDERS WILL BE SENT TO YOUR PROVIDED EMAIL ADDRESS. IF PAYMENT IS NOT MADE WITHIN THIS PERIOD, YOUR DATA WILL BE PERMANENTLY DELETED.
Limitation of Liability for Data Storage To the fullest extent permitted by law, HapPhi,Inc. shall not be liable for any loss or damage to data stored on our servers,including but not limited to loss or damage resulting from unauthorized access,use, alteration, or destruction of your data. While we implement industry-standard security measures to protect your data, we cannot guarantee absolute security. You acknowledge that you use our services at your own risk.
Indemnification You agree to indemnify and hold HapPhi, Inc. its affiliates, officers, agents,and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Website or services, your violation of these Terms, or your violation of any rights of another.
No Refund Policy. All sales made through the Website are final. We do not offer refunds or exchanges for any products or services purchased through the Website, except as required by law.
13.Tokenization and Blockchain Terms and Conditions
Introduction. HapPhi is a white-label SaaS platform (“HapPhi Platform” or “Platform”) that provides services including the tokenization ofassets and interacting on the Solana blockchain. These Tokenization Terms and Conditions ("Tokenization Terms") govern your use of our Platform's tokenization services. By accessing or using our tokenization services, you agree to be bound by these Tokenization Terms. If you do not agree to these Tokenization Terms, please do not use our tokenization services.
Use of Tokenization Services You agree to use the tokenization services for lawful purposes only. You are prohibited from using these services in a way that violates any applicable laws or regulations. Our tokenization services allow you to create and manage digital assets on the Solana blockchain. Potential use cases include, but are not limited to,decentralized finance (DeFi), tickets, playing cards, non-fungible tokens(NFTs), and more. Users are responsible for the content they tokenize and ensure it complies with applicable laws.
Intellectual Property All content and technology on the Platform, including but not limited to text, graphics, logos,images, software, AI algorithms, and blockchain technology, is the property of HapPhi and is protected by intellectual property laws. You may not reproduce, distribute, or create derivative works from any content on the Platform without our express written permission. Unauthorized use of our intellectual property is strictly prohibited.
Blockchain Technology andSmart Contracts Our tokenization services use the Solana blockchain and associated smart contracts. You acknowledge and agree that:
- Smart contracts are self-executing contracts with the terms of the agreement directly written into code.
- Transactions conducted via smart contracts are irreversible and final.
- You are responsible for ensuring that the terms embedded in the smart contracts are accurate and complete.
· HapPhi is not responsible for anytransactions or interactions that occur on the blockchain. Users must adhere to the terms of the Solana blockchain.
Disclaimer of Warranties THE PLATFORM AND TOKENIZATION SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED,INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. HAPHI DOES NOT WARRANT THAT THEPLATFORM OR TOKENIZATION SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. THE SMART CONTRACTS AND TOKENIZATION FEATURES MAY NOT BE 100% ACCURATE OR RELIABLE AND SHOULD NOT BE RELIED UPON ASSUCH.
Limitation of Liability TO THE FULLEST EXTENT PERMITTED BY LAW, HAPPHI SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT,INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, ARISING OUT OF OR RELATED TO YOUR USE OF THE PLATFORM OR TOKENIZATION SERVICES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL,USE, DATA, OR OTHER INTANGIBLE LOSSES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF HAPHI HAS BEEN ADVISED OF THE POSSIBILITY OFSUCH DAMAGES. IN NO EVENT SHALL HAPPHI'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES,LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE PLATFORM OR USING THE TOKENIZATION SERVICES.
Security and DataProtection We implement industry-standard security measures to protect your data and assets. However, we cannot guarantee absolute security.You acknowledge and agree that you use our tokenization services at your own risk. By using our services, you consent to the collection, use, and storage of your data in accordance with our Privacy Policy.
Compliance and LegalObligations You are solely responsible for ensuring that your use of the tokenization services complies with all applicable laws and regulations, including but not limited to securities laws, anti-money laundering (AML) laws,and know-your-customer (KYC) requirements. HapPhi disclaims any responsibility for your failure to comply with such laws and regulations.
Indemnification You agree toi ndemnify and hold HapPhi, its affiliates, officers, agents, and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Platform or tokenization services, your violation of these Tokenization Terms, or your violation of any rights of another.
Governing Law These Tokenization Terms shall be governed by and construed in accordance with the laws of [YourState/Country], without regard to its conflict of law principles.
Changes to Tokenization Terms We reserve the right to modify these Tokenization Terms at any time. Any changes will be effective immediately upon posting on the Platform. Your continued useof the Platform after any changes to the Tokenization Terms constitutes your acceptance of the new Tokenization Terms.
14. HapPhi Token Mining Terms and Conditions
Introduction. HapPhi, Inc.("Platform") is a white-label SaaS platform that includes a tokenmining component to help users acquire HapPhi tokens. These Token Mining Terms and Conditions ("Token Mining Terms") govern your participation in our token mining program. By participating in the token mining program, you agree to be bound by these Token Mining Terms. If you do not agree to these Token Mining Terms, please do not participate in the token mining program.
Token Mining Program.The HapPhi token mining program allows users to mine HapPhi tokens("Tokens") by engaging in activities on the Platform. These Token scan be accumulated and used as follows:
· Each Token is not guaranteed to have any value.
· The Tokens cannot be exchanged for cash or other cryptocurrencies at this time.
· HapPhi reserves the right to modify the value and usage of Tokens, including transitioning to a standard exchange-based buy/sell structure, at any time.
Use of Tokens. Tokens can be used to receive discounts on your HapPhi monthly subscription fee. The value of Tokens applied towards discounts is determined at the time of payment. Tokens are non-transferable and cannot be sold, traded, or exchanged for other forms of currency outside the Platform, unless HapPhi transitions to an exchange-based structure in the future.
Modification of Token Value and Structure. HapPhi reserves the right to modify the value and redemption terms of Tokens at any time. This includes the potential future ability to trade Tokens on a cryptocurrency exchange. Any changes to the Token structure will be communicated to users through the Platform and will become effective immediately upon posting.
Disclaimer of Warranties. THE PLATFORM AND TOKEN MINING PROGRAM ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED,INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. HAPHI DOES NOT WARRANT THAT THE PLATFORM OR TOKEN MINING PROGRAM WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. THE VALUE AND REDEMPTION OF TOKENS MAY VARY AND SHOULD NOT BE RELIED UPON AS FIXED.
Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, HAPPHI, INC. SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, ARISING OUT OF OR RELATED TO YOUR PARTICIPATION IN THE TOKEN MINING PROGRAM, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF HAPPHI, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL HAPPHI'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE PLATFORM OR PARTICIPATING IN THE TOKEN MINING PROGRAM.
Security and Data Protection.We implement industry-standard security measures to protect your data and mined Tokens. However, we cannot guarantee absolute security. You acknowledge and agree that you participate in the token mining program at your own risk. By participating, you consent to the collection, use, and storage of your data in accordance with our Privacy Policy.
Compliance and Legal Obligations.You are solely responsible for ensuring that your participation in the tokenmining program complies with all applicable laws and regulations. HapPhi disclaims any responsibility for your failure to comply with such laws and regulations.
Indemnification. You agree to indemnify and hold HapPhi,Inc., its affiliates, officers, agents, and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your participation in the token mining program, your violation of these Token Mining Terms, or your violation of any rights of another.
Changes to Token Mining Terms. We reserve the right to modify these Token Mining Terms at any time. Any changes will be effective immediately upon posting on the Platform. Your continued participation in the token mining program after any changes to the Token Mining Terms constitutes your acceptance of the new Token Mining Terms.
15. Artificial Intelligence (“AI”) Features Terms and Conditions.
These Terms and Conditions ("Terms") govern your use of our Website and any associated AI features. By accessing or using our Website, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Website.
Use of Website and AI Features. You agree to use the Website and any AI features for lawful purposes only. You are prohibited from using these services in a way that violates any applicable laws or regulations. Our AI features are designed to provide assistance and information, but they are not a substitute for professional advice or judgment. You agree to use theAI features responsibly and in accordance with these Terms.
Intellectual Property. All content on the Website, including but not limited to text, graphics, logos, images, software, and AI algorithms,is the property of HapPhi, Inc. and is protected by intellectual property laws. You may not reproduce, distribute, or create derivative works from any content on the Website without our express written permission.
Disclaimer of Warranties. THE WEBSITE AND AI FEATURES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ANDNON-INFRINGEMENT. HAPPHI, INC. DOES NOT WARRANT THAT THE WEBSITE OR AI FEATURES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. THE AI FEATURES MAY NOT BE 100% ACCURATE OR RELIABLE AND SHOULD NOTBE RELIED UPON AS SUCH.
Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, HAPPHI,INC. SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND,ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE OR AI FEATURES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF HAPPHI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.IN NO EVENT SHALL HAPPHI'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE WEBSITE OR USING THE AI FEATURES.
Rules of Use for AI Features.
· You must not use the AI features to generate content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable.
· You must not use the AI features to infringe upon the rights of others, including intellectual property rights, privacy rights, and publicity rights.
· You must not use the AI features to engage in any activity that could harm, disrupt, or overburden the Website or its services.
· You must not attempt to reverse-engineer, decompile, orotherwise extract the source code of the AI features.
Indemnification. You agree to indemnify and hold HapPhi, Inc., its affiliates, officers, agents, and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Website or AI features, your violation of these Terms,or your violation of any rights of another.
Changes to Terms. We reserve the right to modify these Terms at any time.Any changes will be effective immediately upon posting on the Website. Your continued use of the Website after any changes to the Terms constitutes your acceptance of the new Terms.
16. Jurisdiction; WAIVER OF LITIGATION RIGHTS and WAIVER OF CLASS ACTION RIGHTS. This Agreement or any dispute arising from this Agreement is governed by the laws of Florida, without regard to provisions of conflicts of law.
BY USING THIS WEBSITE, YOU AGREE TO THE FOLLOWING TERMS CONCERNING ANY ISSUES RELATED TOYOUR USE OF THE WEBSITE OR SERVICES AND TO WAIVE ANY LITIGATION RIGHTS OR CLASS ACTION RIGHTS THAT MAY APPLY. You agree to confer in good faith to resolve any problems or disputes that may arise from your use of the services of HAPPHI,Inc. or HAPPHI.com. You waive any right to participate in a class action lawsuit or class-wide arbitration. Any dispute shall be resolved by:
• reasonable negotiation by the affected individuals to settle the dispute for a thirty (30) business day period, if an amicable solution is not reached, either party may request, in writing that the dispute be escalated to mediation;
• if an amicable resolution is not reached in thirty (30) business days, after the initial meeting either/or both parties will submit the dispute to a one (1) day mediation with a mutually agreed upon mediator, with the cost of mediation to be borne equally by the parties. If the parties are unable to resolve the dispute in mediation,either/or both parties may declare impasse. An impasse will be cured by binding arbitration utilizing the American Arbitration Association Rules for Commercial Arbitration to be held within ninety (90) days of declared impasse in Tampa,Florida in such other location as may be mutually agreed upon by the parties. A single arbitrator shall be mutually agreed upon by the parties, whose fee shallbe borne equally between the parties. If the parties are unable to agree upon an arbitrator, each party shall select one (1) arbitrator and the two (2)arbitrators shall agree, without further consent required of the parties, to a third arbitrator. Each party will bear the cost of the arbitrator the party selects and fifty percent (50%) of the fees of the third arbitrator. The decision of the arbitrator(s) shall be final and binding upon each party.
17. Contact Information
For any questions or concerns regarding these Terms and Conditions, please contact usat eb@happhi.com.
By using HapPhi, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions. Thank you for choosing HapPhi!