Terms of Service & End User License Agreement

Last updated: 2026-06-17 · Version 1.0

Welcome to HappyFace. These Terms of Service and End User License Agreement (collectively, the "Terms") govern your access to and use of the HappyFace mobile application, the website at happyface.io, and any related services (collectively, the "Service") operated by Happyface Platform Inc., a Canadian federally-incorporated corporation with its registered office at 3 Walkington Way, King City, ON L7B 1C9, Canada ("we", "us", "our").

By creating an account, downloading the app, or otherwise using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

1. Acceptance & eligibility

• You must be at least 13 years old to use the Service. If you are between 13 and the age of majority in your jurisdiction, you may use the Service only with your parent or legal guardian's consent.
• If you are accessing the Service on behalf of a business or organization, you represent that you have authority to bind that entity to these Terms.
• You must not be barred from using the Service under the laws of the United States or any other applicable jurisdiction.

2. Your account

• You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account.
• You agree to provide accurate information when creating your account and to keep it up to date.
• One person per account. You may not transfer or share your account with anyone else.
• Notify us promptly at support@happyface.io if you suspect unauthorized use of your account.

3. Your content

HappyFace allows you to post photos, captions, comments, location tags, and other material ("User Content"). You retain ownership of your User Content.

By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free, sublicensable, transferable license to host, store, reproduce, modify (e.g. to resize or transcode), create derivative works from (e.g. thumbnails), publicly display, publicly perform, and distribute your User Content solely for the purpose of operating, promoting, and improving the Service. This license ends when you delete your User Content or your account, except that residual copies may persist in backups for a reasonable period and in records we are legally required to retain.

You represent that you own or have the necessary rights to your User Content and that it does not violate these Terms, the rights of any third party, or any applicable law.

4. License to use the Service

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use the HappyFace mobile application on devices you own or control, and to use the Service for your personal, non-commercial enjoyment.

You may not: (a) copy, modify, or create derivative works of the Service; (b) reverse engineer, decompile, or disassemble the Service except as expressly permitted by applicable law; (c) remove any proprietary notices; (d) use the Service for any commercial purpose without our prior written consent; or (e) sublicense, rent, lease, or sell access to the Service.

5. Apple App Store additional terms

If you obtained the HappyFace app from the Apple App Store, the following additional terms apply, and in case of conflict with the rest of these Terms, the following apply with respect to your use of the app on iOS devices:

• These Terms are between you and us only, not with Apple. Apple is not responsible for the app or its content.
• The license granted to you is limited to a non-transferable license to use the app on Apple-branded products you own or control and as permitted by the Usage Rules in the App Store Terms of Service.
• Apple has no obligation to provide maintenance or support for the app.
• In the event of any failure of the app to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the app. To the maximum extent permitted by law, Apple has no other warranty obligation.
• We, not Apple, are responsible for addressing any claims by you or any third party relating to the app, including product liability, regulatory compliance, and intellectual property infringement.
• Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

6. Prohibited conduct

You agree not to use the Service to do any of the following. Detailed examples are in our Community Guidelines.

• Post content that is illegal, harassing, hateful, defamatory, sexually explicit, or that exploits or endangers minors.
• Impersonate any person or entity or misrepresent your affiliation with one.
• Infringe any copyright, trademark, trade secret, right of publicity, or other intellectual property or proprietary right.
• Send spam, run scams, or engage in deceptive commercial practices.
• Scrape, crawl, or otherwise extract data from the Service without our prior written permission.
• Interfere with the operation of the Service, attempt to gain unauthorized access to any account or system, or transmit malware.
• Use the Service in a way that violates any applicable law or regulation.

7. Reports & moderation

If you believe content on the Service violates these Terms or our Community Guidelines, please use the in-app report function. For copyright takedowns, see our DMCA Policy. We may remove content, suspend, or terminate accounts at our discretion, with or without notice, particularly in cases of repeated or egregious violations.

8. Termination

• You may stop using the Service at any time. You may delete your account from within the app; account deletion removes your profile and User Content from active use, subject to retention rules in our Privacy Policy.
• We may suspend or terminate your access at any time, with or without cause and with or without notice, if we reasonably believe you have violated these Terms or applicable law, or if continued provision would expose us to legal or reputational risk.
• Sections that by their nature should survive termination (including ownership, disclaimers, indemnity, limitations of liability, and dispute resolution) will survive.

9. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT ANY USER CONTENT WILL BE ACCURATE OR RELIABLE.

10. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE OR OUR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUES, DATA, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID US TO USE THE SERVICE IN THE TWELVE MONTHS PRECEDING THE CLAIM AND (B) USD 100.

Some jurisdictions do not allow the exclusion or limitation of certain damages; in such jurisdictions, the above limitations apply only to the extent permitted by law.

11. Indemnity

You agree to indemnify and hold harmless us and our affiliates, officers, directors, employees, and agents from any claim, demand, loss, or expense (including reasonable attorneys' fees) arising out of (a) your User Content, (b) your use of the Service, (c) your violation of these Terms, or (d) your violation of any rights of a third party.

12. Changes to these Terms

We may update these Terms from time to time. If we make material changes, we will notify you through the Service or by other reasonable means before the changes take effect. Your continued use of the Service after the effective date constitutes acceptance of the updated Terms.

13. Governing law & dispute resolution

These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of laws principles.

Any dispute arising out of or relating to these Terms or the Service will be resolved exclusively in the courts of the Province of Ontario, Canada, and you consent to the personal jurisdiction of those courts.

14. Miscellaneous

• These Terms, together with our Privacy Policy, Community Guidelines, and DMCA Policy, are the entire agreement between you and us regarding the Service.
• If any provision is held unenforceable, the remaining provisions will remain in full force.
• Our failure to enforce any right or provision is not a waiver of that right.
• You may not assign these Terms without our prior written consent; we may assign them freely.

15. Contact

Questions about these Terms? Email support@happyface.io, or write to us at Happyface Platform Inc., 3 Walkington Way, King City, ON L7B 1C9, Canada.

For full operator identity (Impressum) and all contact channels, see our Contact & Operator Information page.