Terms and conditions
1. Scope of Application
1.1. These General Terms and Conditions (hereinafter, the “GENERAL TERMS”) are applicable to and form an integral part of the Use License Agreement for the web-based appointment scheduling and management platform called “HAPPOIN” (hereinafter, the “APPLICATION”), entered into between the following PARTIES:
- “HAPPOIN”, with registered office at 30 N Gould St Ste N, Sheridan, WY 82801 USA, with contact email address hola@happoin.com (hereinafter, also, HAPPOIN), as the owner of the intellectual property rights and marketing rights of the APPLICATION; and
- The CLIENT: A natural or legal person who has duly completed and registered the application form for the APPLICATION or, where applicable, signed the specific terms and conditions of the Use License Agreement.
1.2. By acquiring the status of CLIENT, the CLIENT fully accepts these GENERAL TERMS, which the CLIENT declares to have read. Likewise, the CLIENT fully accepts the Privacy Policy of HAPPOIN, available at https://happoin.com/en/privacy-policy/ , which the CLIENT declares to have read.
2. Grant of a Use License for the APPLICATION
2.1. HAPPOIN, as the owner of the intellectual property and marketing rights of the APPLICATION, grants the CLIENT a personal, revocable, non-transferable, non-exclusive, and non-sublicensable license to use the APPLICATION under the terms indicated in these GENERAL TERMS and, where applicable, in the specific terms and conditions of the Use License Agreement signed by the parties.
2.2. The CLIENT may have a Free Trial Period from the time of registration on the APPLICATION for the period indicated on the Website. After this period, the CLIENT may contract a Premium Account, for a fee, through any of the available Use Plans on the page https://app.happoin.com/en/planes, with the characteristics, powers, price, and conditions corresponding to the chosen Use Plan.
2.3. FREE TRIAL PERIOD: During the initial trial period after registration, the CLIENT will have a Free Trial Account with which they can use the APPLICATION, with the limited functionalities indicated on the Website. The objective of this Free Trial Period is for the CLIENT to be able to verify, with certain limitations, the service and features of the APPLICATION to familiarize themselves with it and decide on the convenience of contracting a Premium Account, for a fee. During the Free Trial Period, HAPPOIN does not offer any guarantee or liability for the service, and it may be interrupted, without prior notice, at any time. In order to maintain fluid communication and offer any new features or functionalities of the APPLICATION, during the Free Trial Period, HAPPOIN may send emails to the address provided in the registration form. The CLIENT may unsubscribe from these emails at any time by following the instructions included in each email. Once this Free Trial Period has ended, if the CLIENT does not contract a Premium Account, for a fee, through any of the available Use Plans, they will cease to have access to the APPLICATION. After 7 calendar days from the end of the Free Trial Period without the CLIENT contracting a Premium Account, for a fee, of the APPLICATION, HAPPOIN may delete any data or personalization made by the CLIENT through the use of the APPLICATION from its servers.
2.4. PREMIUM ACCOUNT: Once the Free Trial Period of the APPLICATION has started, the CLIENT who contracts a Premium Account, for a fee, may use the APPLICATION with all the functionalities included in the chosen Use Plan. The CLIENT declares to have received and read, before the formalization and contracting of the Premium Account, sufficient information about the services, costs, and payment methods associated with the chosen Use Plan. The contractual relationship will be formalized by the CLIENT’s confirmation of acceptance of the resulting subscription fee based on the chosen Use Plan, country, and payment method, and the acceptance of the subscription fee will imply acceptance of the payment obligations associated with it. The CLIENT is responsible for and has control over the Premium Account. The Premium Account will be the Main User Account, which will have administrative privileges for the CLIENT to create Secondary User Accounts, being able to manage, cancel, or block access to secondary user accounts, as well as make changes to the contracted service. The initial duration of the Use License will be chosen by the CLIENT, monthly or annually, and will be understood to be extended for periods of equal duration to that indicated in the case that neither party communicates to the other their decision not to extend it with a minimum notice of ONE (1) month before the expiration date of the initial term or any of its extensions, when the duration is annual, and with a minimum notice of seven days, when the duration is monthly. The CLIENT may also change the duration of any of the extensions by communicating it via email to HAPPOIN’s contact email address indicated in these GENERAL TERMS.
2.5. Payment Method:
- Monthly or Annual Payment: Credit or Debit Card. Payment must be made for the total of the chosen period, in a single transaction, in advance, and without any type of reduction or discount applicable. HAPPOIN has the maximum commercially available security measures at this time, so that the payment process works on a secure SSL server. The Server establishes a connection so that the information is transmitted encrypted using algorithms that ensure that it is only intelligible to the CLIENT’s computer 1 and the payment site. HAPPOIN declares that it does not have access to or store sensitive data related to the payment method used by the CLIENT, except in the case of bank transfer, in payments made by credit card, only the entity that processes the payment has access to this data in its capacity as payment manager. Once the payment of the license has been finalized and confirmed, in its various types, HAPPOIN will issue the corresponding invoice, with the data previously provided by the CLIENT, and it will be available to the CLIENT in their “Order/Billing Area”. In the case of monthly payments, the invoice will be generated with the same periodicity, each time the payment is confirmed. In the case that the CLIENT opts for payment by bank transfer, they must contact HAPPOIN directly, either through the contact email address indicated in these GENERAL TERMS or through the support chat, requesting information regarding this payment system, receiving a response with specific information, steps, concept to be indicated, and necessary data. In the same way as in the previous cases, once the transfer made by the CLIENT has been confirmed and made effective, the corresponding invoice will be issued. Payments for license renewal or for contracting additional functionalities of the APPLICATION, once made, will in no case be refundable. All User Accounts of the same Use License will have the same validity, so they will expire on the same date.
2.6. Invoicing: HAPPOIN will issue a single invoice at the time of payment, at the beginning of the contracted period or any of its extensions. Therefore, in the case of a change of Use Plan in the middle of a paid billing cycle, the charge will be prorated between the months remaining until the expiration date of the Use License. The expiration date of each Use License is always marked by the date of the first contract made by the CLIENT. In the event of non-payment of a fee on the due date, HAPPOIN may grant a grace period of 7 calendar days for the CLIENT to regularize the situation. If they fail to do so, access to all accounts linked to the Use License will be suspended, and if the CLIENT wishes to reactivate it, once HAPPOIN has verified that the data is recoverable, they must assume administrative and management costs for reactivation of $150, plus applicable taxes according to the applicable tax regime in each case.
3. Access to the APPLICATION
3.1. The APPLICATION is hosted on servers owned by or licensed to HAPPOIN. Access to the APPLICATION will be through the website https://happoin.com. HAPPOIN will provide the CLIENT with access to the Main User Account through an authentication system, via the instructions sent by email to the address provided by the CLIENT.
3.2. The Use License is non-transferable, and the CLIENT may not transmit, in any form, any exploitation rights over the APPLICATION, nor may they lease it or allow its exploitation by any third party, with the sole exception of the use of Secondary User Accounts, which may only be assigned to persons integrated into the CLIENT’s organization.
3.3. The CLIENT assumes the obligation to communicate to all persons to whom they assign a Secondary User Account the entire content of these GENERAL TERMS. Such persons will acquire the status of USERS through the use of the APPLICATION and, from that moment on, the provisions of these GENERAL TERMS will apply to them.
3.4. Access to the source code of the software program, as well as altering or transforming it, its data, technical documentation, or any attached documentation, or applying reverse engineering, decompiling, or disassembling the software program, or performing any other operation that tends to discover the source code, is prohibited for all USERS.
3.5. The APPLICATION is protected by the provisions of current legislation on intellectual property. Consequently, all USERS must use the APPLICATION in accordance with the provisions of said legislation and these GENERAL TERMS. In the event of a violation of the aforementioned legislation, or any other infringement that prevents or limits legitimate rights, HAPPOIN may exercise any actions it deems appropriate to defend its interests, as well as claim the corresponding compensation for damages.
3.6. USERS may use the APPLICATION and the available functionalities according to the contracted Plan, but may not make any copies of it, nor of any type of data or annex of the program, not even a backup copy, without prejudice to the use of the information processed by them.
4. Limitation of Liability
4.1. The identification codes, access keys, or any credentials to the Main User Account provided to the CLIENT are personal and non-transferable. The CLIENT is obligated to communicate to HAPPOIN any eventual changes or modifications that occur in their data.
4.2. Regarding the Private Area of the platform introduced within any of the User Accounts linked to the CLIENT, the CLIENT exempts HAPPOIN from any liability for loss of income, any business interruption, loss or corruption of data, regardless of the cause; it also exempts HAPPOIN from any damage related to the availability of the Internet connection provided by a third party.
4.3. It is the CLIENT’s responsibility to exercise due diligence to prevent unauthorized access or use by third parties who access or use, on their behalf, the identification codes or credentials to the Main User Account or any of the Secondary User Accounts. Likewise, the CLIENT is solely responsible for the loss, theft, unauthorized use, or security breach of any access code or credential to the Main User Account or Secondary User Accounts, and for the consequences that may arise therefrom. The CLIENT undertakes to:
- Use the access codes or credentials to the Main User Account diligently.
- Maintain the secrecy and confidentiality of the access codes or credentials to the Main User Account, not assign their use to third parties, either temporarily or permanently, nor allow access to them by other persons.
- Immediately communicate to HAPPOIN the loss, theft, misappropriation, unauthorized access, or security breach of the access codes or credentials to the Main User Account as soon as possible. While such events are not communicated, HAPPOIN will be exempt from any liability that may arise from the misuse of identifiers or passwords by unauthorized third parties.
4.4.1 The CLIENT will be solely responsible for the activities carried out through the use of the access codes or credentials of the Main User Account or Secondary User Accounts to the APPLICATION, and HAPPOIN will be exempt from any liability arising from such activities.
4.5. HAPPOIN will not be liable for any damage, expense, or loss, whether special, direct, or indirect (including, but not limited to, loss of profits, loss or interruption of business activities, accidental, punitive, business opportunities, expected benefits, or loss of information) arising from the use or inability to use the access codes or credentials to the APPLICATION, neither against the CLIENT nor against any other USER or third party.
4.6. HAPPOIN will not be responsible for maintaining the service in cases of force majeure, such as fires, floods, acts of civil or military authorities, embargoes, strikes, accidents, or shortages of means of transport, war, terrorism, pandemics, or their consequences, etc.
4.7. HAPPOIN is not the owner or responsible for the data stored by the USER in their accounts and/or Private Areas of the platform. Although HAPPOIN regularly performs data backups for recovery purposes in the event of technical incidents during the last seven days, the CLIENT is solely responsible for the maintenance and backup of data stored in the APPLICATION. Therefore, HAPPOIN is not responsible for the deletion, correction, destruction, damage, loss, or failure to store any data in the CLIENT’s Private Area, nor will it be liable for any claims based on damages caused by the loss of information of any kind. For this reason, it is recommended that the CLIENT regularly make a backup copy of their content on external devices.
4.8. In the event that the use of the APPLICATION (or parts thereof) within the scope of the Use License were to cause a lawsuit or legal action for alleged violation of the rights of third parties and such use could lead to such a violation, HAPPOIN, on its own initiative and at its own expense, may make the necessary modifications or changes so that USERS can continue using the APPLICATION (or parts thereof), replace it with software of equivalent functionality and effectiveness that does not infringe the rights of those third parties, or compensate the CLIENT for the termination of the use of the APPLICATION (or part thereof) with a maximum limit equivalent to the amount of the last periodic fee paid by the CLIENT.
4.9. The APPLICATION may be subject to random circumstances, external or beyond the control or capacity of HAPPOIN, for which it is not responsible. Similarly, HAPPOIN does not guarantee or is responsible for:
- The absence of harmful components in the APPLICATION or on the server that supplies it;
- The invulnerability of the APPLICATION and/or the impregnability of the security measures adopted therein;
- The lack of performance of the APPLICATION;
- Failures of the APPLICATION caused by any type of attack on the servers of third-party service providers of HAPPOIN, as well as technical or security failures of the system of any of said providers that prevent the functioning of the APPLICATION;
- Any technical failure of any kind that hinders, delays, or prevents the correct functioning of the APPLICATION and the computer and/or telecommunications system used by the CLIENT, or the malfunctions of the same, and the consequences that may arise therefrom;
- The interruption or improper display of the APPLICATION and/or the files or content as a result of network malfunctions;
- The damages or losses caused, to oneself or to a third party, by any person who infringes the conditions, rules, and instructions established in the2 APPLICATION or through the violation of its security systems; and
- The usefulness of the information and/or services of the APPLICATION.
4.10. Notwithstanding the foregoing, HAPPOIN declares that it has taken all necessary measures, within its possibilities, to guarantee the correct functioning of the APPLICATION and to prevent the existence and transmission of harmful components to users’ computer systems.
4.11. In any case, HAPPOIN reserves the right to suspend, modify, restrict, or interrupt, either temporarily or permanently, access, navigation, use, hosting, and/or downloading of the content and/or use of3 the APPLICATION, with or without prior notice, to the CLIENT who violates, either through the Main User Account or through any of the Secondary User Accounts, any of the provisions of these GENERAL TERMS, without the possibility of any CLIENT and/or USER claiming any compensation for this reason.
4.12. HAPPOIN will not be bound by commitments or promises made by persons outside its company, nor by erroneous expectations regarding the functionality of the APPLICATION, nor will it be responsible for the adaptation of the APPLICATION to the specific needs and expectations of the CLIENT.
4.13. In any case, the maximum liability that HAPPOIN assumes towards the CLIENT and/or USER, in relation to the Use License Agreement that applies to them, amounts to the damage that, if applicable, has actually been suffered, with a maximum limit equivalent to the price of the last periodic service fee paid by the CLIENT.
5. Use of the APPLICATION
5.1. The CLIENT may access and use the APPLICATION exclusively for their own use and, where applicable, for the use of persons dependent on them, who will access through the Secondary User Accounts that the CLIENT creates in the APPLICATION and will be dependent on the Main User Account.
5.2. HAPPOIN reserves the right, in any case, to review the use of the APPLICATION by the CLIENT to verify its compliance with this Use License.
5.3. It is prohibited, and therefore the consequences will be the sole responsibility of the CLIENT, to access or use the APPLICATION through the Main User Account or Secondary User Accounts for illegal or unauthorized purposes, with or without economic purpose, and more specifically, without the following list being exhaustive, it is prohibited:
- Using the APPLICATION in a way that constitutes a violation of the rights of HAPPOIN or any third party;
- Using the APPLICATION illegally, against good faith, morals, and public order;
- Using the APPLICATION for purposes other than the CLIENT’s professional activity, in violation of data protection regulations, the right to honor, privacy, and image of third parties, regulations on unfair competition, and, in general, in violation of any relevant regulatory provision or to the detriment of the legitimate rights of third parties;
- Accessing, without authorization, any section of the APPLICATION, other systems or networks connected to the APPLICATION, any HAPPOIN server, or the services offered through the APPLICATION, by means of hacking or falsification, password extraction, or any other illegitimate means; and
- Breaking, or attempting to break, the security measures or authentication of the APPLICATION or any network connected to it, or the security or protection measures inherent to the content offered in the APPLICATION. If the CLIENT breaches any of the above obligations, HAPPOIN reserves the right to take the necessary measures, including deleting or blocking the CLIENT’s account, and claiming damages caused directly or indirectly by the exercise of any necessary or convenient legal actions or complaints.
5.4. HAPPOIN will maintain the APPLICATION active and available to USERS at all times. However, there may be technical situations in which USER access is temporarily interrupted without prior notice, either due to maintenance tasks, network communication incidents, or any other reason or cause beyond HAPPOIN’s control. The CLIENT accepts and assumes that there may be temporary periods in which the APPLICATION is not operational, exempting HAPPOIN from any liability that may arise from sporadic service interruptions. Likewise, HAPPOIN will be exempt from liability in the event of any service interruption, delay, or malfunction, and other inconveniences that originate from causes beyond HAPPOIN’s control and may be due to a fraudulent or culpable act of the CLIENT or USERS dependent on them, or originate from causes of force majeure.
5.5. As a general rule, in functionalities where there is no usage limit, a “reasonable use” policy will apply. This usage policy will be based on objective indicators and based on the normal needs of a small or medium-sized enterprise:
- Maximum number of emails sent per month: x5 of the contracted contact/client base.
- Maximum number of appointments per month: x2 of the contracted contact/client base. HAPPOIN may allow these limits to be exceeded as long as there is a logical justification for such additional needs. HAPPOIN reserves the right to cancel or not renew in the case of identifying inappropriate, abusive, or fraudulent use of the APPLICATION.
5.6. The CLIENT and USERS dependent on them may not:
- Make abusive use of email sending (SPAM).
- Use the data of a third party or provide false data to register, or use another person’s username and password.
- Use, copy, or exploit the APPLICATION in a manner other than that permitted in these GENERAL TERMS or, where applicable, Specific Conditions.
- Sell, resell, or distribute their right to access and use the APPLICATION to a third party, assign or transfer their right to access and use the APPLICATION to a third party outside their organization; or allow access or use of the application to a third party using their username and password.
- Reverse engineer, decompile, disassemble, modify, translate, or attempt in any way to access the source code of the APPLICATION.
- Attempt to circumvent any security measures of the APPLICATION or any network connected to it, or the security or protection measures inherent to the content offered in the APPLICATION. Any attempt may block your ability to access the APPLICATION and prevent you from recovering your data.
- Link HAPPOIN to any other website or perform any similar action with other technology, except with prior express written authorization from HAPPOIN.
5.7. Integration of the “WhatsApp Business” application programming interface (API) into the INBOX of the APPLICATION through its list of business solution providers (BSPs) or directly into the “CLOUD API” of the provider “Meta Platforms, Inc.”, hereinafter “META” (formerly “Facebook, Inc.”), owner of WhatsApp. HAPPOIN will integrate the CLIENT’s business with the “WhatsApp Business” API through the APPLICATION’s INBOX, in an agile and standardized way, through official BSPs or directly into META’s “CLOUD API”. The CLIENT accepts that HAPPOIN integrates the data and characteristics introduced by the CLIENT with the “WhatsApp Business” API through the APPLICATION’s INBOX, which will be provided by an official WhatsApp Business BSP or directly into META’s “CLOUD API”. HAPPOIN will require all documentation and will assist the CLIENT in integrating with the BSP or directly with META’s “CLOUD API”. The validation and approval of the integration are carried out exclusively by the BSP or META’s “CLOUD API”, and final acceptance will be required from the CLIENT in the Facebook Business Console (https://business.facebook.com) so that WhatsApp messages can be sent on behalf of the CLIENT. The CLIENT declares that they have read, understood, and agree to the terms, rights, and obligations set forth in the terms and policies of use of the META platform, which they have accessed through the following link: https://developers.facebook.com/terms/.
6. Use of Beta Version Functionalities
The USER is informed that the use of Beta version functionalities of any pre-launched application or in the study phase for integration into the APPLICATION is also governed by these general conditions, and by using them, you acknowledge that they are Beta versions and, as such, may be incomplete or contain errors or inaccuracies.
The way we identify if a functionality is in Beta is by adding a red label with the word “beta” in white.
Make sure you have a complete backup of your database before using the Beta version in a business or commercial operating environment or with the processing of important information, to avoid any possible loss of information.
Neither HAPPOIN nor the possible provider/developer of the specific Beta functionality will be responsible for damages, expenses, or other liabilities that you may incur as a result of using any of our Beta version functionalities, including, but not limited to, any damage, loss, or alteration of any software, hardware, information, or data. Additionally, Beta version functionalities may not be compatible with existing functionalities in the APPLICATION, precisely because they are in the testing phase.
The aforementioned Beta version functionalities, once definitively integrated into the APPLICATION, may involve changes in your payment plan depending on each case and the possible costs involved in their development and accessibility to users. Therefore, their use in the Beta version does not generate any right to their free use once definitively integrated.
HAPPOIN will inform you clearly and in detail about these possible changes in the definitive integrations of Beta version functionalities, so that the CLIENT can freely decide to contract them according to the prices provided. Beta version functionalities have a limited duration, and HAPPOIN may change, limit, or cease to provide access to them at any time without prior notice or liability of any kind. We also cannot guarantee their correct functioning in all countries, or their legality according to specific regulations.
7. Termination of the Use License
The Use License may be terminated for any of the following reasons:
- Cancellation at the CLIENT’s request: The CLIENT may cancel the contracted Premium Account by communicating it via email to HAPPOIN’s contact email address indicated in these GENERAL TERMS with a minimum notice of one month before the expiration date of the initial term or any of its extensions, when the duration is annual, and with a minimum notice of seven days, when the duration is monthly. From the effective date of the cancellation, the CLIENT’s right to access the APPLICATION will automatically cease.
- Cancellation of the service by HAPPOIN: Without generating any right to claim or compensation in favor of the CLIENT or dependent USERS, the CLIENT may be deregistered from the APPLICATION at any time by communicating it via email to the CLIENT’s email address with a minimum notice of one month before the expiration date of the initial term or any of its extensions.
- Cancellation of the Service by HAPPOIN in case of CLIENT’s breach: Without generating any right to reimbursement, claim, or compensation in favor of the CLIENT or dependent USERS, the Use License will be automatically canceled without the need for prior communication, in the event that the CLIENT or any of the dependent USERS breaches any of the terms established in these GENERAL TERMS or, where applicable, in the Specific Conditions. In case of a request for cancellation/termination, no right to refund or reimbursement will be generated in any case, even if the annual payment has been made in advance. In case of deletion of Users by an Administrator in the middle of a cycle, they will no longer be billed or charged for the deleted Users, but they will no longer be able to use those Users, nor will the unused period be refunded.
8. INTELLECTUAL AND INDUSTRIAL PROPERTY
8.1. The CLIENT acknowledges and accepts that HAPPOIN is the exclusive owner and/or holder of the corresponding licenses, over the APPLICATION and any other elements of their respective ownership to which the CLIENT may have access within the scope of the use license agreement. Such ownership extends to all intellectual, industrial, or any other property rights related to the APPLICATION, including, but not limited to, the rights of reproduction, distribution, public communication, making available, and transformation of the APPLICATION and any of its elements, including the source code, object code, technical documentation, user manual, etc., as well as any other related or derived element thereof.
8.2. Through the acceptance of these GENERAL TERMS, no intellectual, industrial, or any other property right related to the APPLICATION or any other element owned by HAPPOIN will be understood to be transferred in favor of the CLIENT, beyond the right to use it under the terms established herein.
8.3. In accordance with the provisions of the preceding section, the CLIENT agrees not to:
- Duplicate, reproduce, sell, rent, lease, license, distribute, or in any other way use the APPLICATION and/or any of its elements for a use other than that expressly authorized in these GENERAL TERMS.
- Decompile, modify, reformat, translate, perform reverse engineering, disassemble, or access in any other way the source code of the APPLICATION, notwithstanding that applicable legislation expressly permits such activities regardless of the existence of an agreement to the contrary between the PARTIES.
- Divide or fragment the APPLICATION into different parts or modules to use them independently.
- Alter or delete any notices relating to intellectual, industrial, or any other property rights that were included in the APPLICATION.
- Infringe the intellectual, industrial, or any other property rights that HAPPOIN holds over the APPLICATION and any other elements of its respective ownership.
- Develop computer programs, applications, or other computer products of any kind that perform a function similar to that of the APPLICATION.
- Register trademarks, trade names, or any other distinctive sign associated or that could be associated with the APPLICATION.
- Develop inventions of any kind that integrate computer programs, applications, or other computer products of any kind that perform a function similar to that of the APPLICATION.
8.4. In order to allow HAPPOIN to effectively monitor and defend its intellectual property rights over the use of the APPLICATION made by the CLIENT, the latter expressly authorizes HAPPOIN to collect information about the modules of the APPLICATION used by the CLIENT, about the computer on which said use license is used, connection times, data of connected devices, as well as any other data that is relevant to the purpose of verifying the effective use of the APPLICATION.
8.5. For the purposes indicated in the preceding section, the CLIENT expressly authorizes HAPPOIN to use the information collected during the use of the APPLICATION as effective evidence of the use of…
9: Personal Data Processing
9.1. The use of the APPLICATION requires the processing of personal data.
9.2. HAPPOIN differentiates between two types of USER information: (1) Private information of the CLIENT (“Private Area”).
9.3. The Private Area and/or account is the information that each CLIENT enters and manages for the purpose of tracking and controlling appointments, clients, and actions that are functionalities of the APPLICATION and represents the object and purpose thereof.
9.4. Data Controller: * Company Name: HAPPOIN, PixSolution LLC * Registered Office: 30 N Gould St Ste N, Sheridan, WY 82801 USA. * Website: https://happoin.com * Contact Email: [hola@happoin.com]
9.5. Intended Purposes of Processing: HAPPOIN uses the data it collects in the different processing operations referred to for: * Responding to questions, doubts, or concerns from USERS, processing orders, including payment transactions. * Maintaining and improving the APPLICATION or requested services, as well as providing customer service. * Conducting surveys to evaluate and improve the content of the Websites, the APPLICATION, and services to offer a better user experience. * Sending electronic commercial communications of the APPLICATION and related services that have not been previously requested by the CLIENT and/or USER. * Managing and sending information about updates, improvements, latest news, and personalized information, adapted to the contracted service or that may be of interest to the CLIENT and/or USER based on their profile. * Managing possible job applications/CVs received for possible selection processes open at HAPPOIN.
9.6. Planned Processing Operations: The information that HAPPOIN collects from USERS registered in the APPLICATION is: * Name * Surname * Photograph * Email * Facebook social ID * Application access password * Instagram social ID * Company * Phone numbers * Website
The above list is not exhaustive, so any other information that is required for connection with third-party systems that may be offered in the APPLICATION through the website https://app.happoin.com/en/integraciones will be understood to be included therein. The personal data provided by the CLIENT and USERS must be truthful, and any modification that occurs must be notified to HAPPOIN, being responsible in any case for the veracity and accuracy of the data provided at all times. The interested party who provides their personal data to HAPPOIN declares to be of legal age, being fully responsible for such a declaration.
9.7. Description of Processing Performed: * Sending commercial advertising communications by email, SMS, WhatsApp, social networks, or any other electronic or physical means, present or future, that makes it possible to carry out commercial communications. These electronic commercial communications will be carried out by the CONTROLLER and related to the services of the APPLICATION, our collaborating companies or suppliers with whom we have reached a promotional agreement. In this case, said third parties will never have access to personal data, except when it is strictly necessary to manage the application service/maintenance and, where applicable, contracted use. * Actions requested by the CLIENT: Processing requests or any type of request that, regarding the services offered by HAPPOIN, is made by the CLIENT through any of the contact channels made available to them. * Maintenance of the operation and functioning of the application: Necessary accesses to guarantee the correct functioning of the application, updates, security maintenance, user information backup, integrations, and functionalities specific to the application. * Billing and accounting management: As a user of our application, we will issue invoices, charges, payments, as well as the fiscal and accounting management thereof. In everything not provided for in this section on the processing of personal data, the provisions established in the Privacy Policy, which is available at the following link https://happoin.com/politica-de-privacidad/, will apply.
10. MISCELLANEOUS
10.1. HAPPOIN reserves the right to modify or rectify these GENERAL TERMS in order to adapt them to possible legislative modifications or market practices. When this occurs, HAPPOIN will communicate it to the CLIENT, with sufficient anticipation, so that the CLIENT, if applicable, confirms their acceptance and maintenance of the contract. Additionally, HAPPOIN will publish any changes to the GENERAL TERMS on the Website or through any type of communication directed to the CLIENT, it being understood that they consent to the notified modification if they do not expressly oppose it within a period of 30 days and continue using the APPLICATION. Non-acceptance of the changes to the GENERAL TERMS will imply the termination of the contract. In the case of using the APPLICATION after the entry into force of the changes to the GENERAL TERMS, it will imply acceptance of them for all purposes.
10.2. Independently of what is stipulated in the contract signed between HAPPOIN and the CLIENT, HAPPOIN may suspend or interrupt, at any time without prior notice, access to the content of the APPLICATION, as well as revoke the use license for it when any breach is detected, on the part of the CLIENT, of the terms and conditions stipulated herein, without this giving the CLIENT the right to claim any compensation.
10.3. The headings of the different clauses are only informative and will not affect, qualify, or expand the interpretation of these GENERAL TERMS.
10.4. In the event that any provision or provisions of these GENERAL TERMS were considered null or inapplicable, in whole or in part, by any competent Court, Tribunal, or administrative body, such nullity or inapplicability will not affect the other provisions of these GENERAL TERMS.
10.5. The non-exercise or execution, by HAPPOIN, of any right or provision contained in these TERMS will not constitute a waiver thereof, except by acknowledgment and written agreement on its part.
10.6. These GENERAL TERMS will be subsidiary to the Specific Terms and Conditions of the Use License Agreement that the PARTIES may formalize, in everything that does not oppose it.
Drafting of the updated and revised General Terms and Conditions on August 22, 2025