General Conditions of Use

Version of April 17th, 2018

Preamble

These General Conditions of Use ("GCU") govern the terms of use of the website www.happycouple.co and its smartphone applications (the "Site") owned by Happy Couple SAS ("Happy Couple") by any User of the Site ("User") and his/her participation in questionnaires/games/advices and other content, related to his/her relationship (furthermore referred to as the "Services").

The GCU are made available to Users on the Site and can also be provided upon request.

The User declares to have read and accepted these terms. The applicable terms are those provided on the Site.

The fact that Happy Couple fails to invoke any term hereof shall not be construed as a waiver.

Article 1 – Requirements for registration and User account

The User must register and create a User account to use the Site and the services.

The User must be at least 15 years old to open an account. Users under 18 shall be restricted from adult content and the use of certain Services.

A User must provide the following personal information for the opening of his/her account: name, email address, password for his/her Happy Couple’s profile, gender, preferred language, country of residence and email address of his/her partner. Failing this, the opening of the account shall not be possible.

The User may also provide at any time additional information such as his town of residence, date of birth, number of children, status of his/her relationship with a partner (dating, in relationship, married, etc), etc.

Registration is free.

The User warrants that the data provided are true and accurate. The User undertakes to immediately inform Happy Couple of any changes in the data provided during registering and to proceed himself/herself to make the appropriate changes on the Site.

The use of the Users’ personal data is governed by article 7 of the GCU.

Upon request by any User, Happy Couple will provide a new personal and confidential password that the User will then be prompted to personalize.

Any User who does not fulfil the GCU will be prohibited to access and use the Site. Happy Couple reserves the right to temporarily or permanently suspend the account of any User.

The User acknowledges and agrees to keep confidential the login and password allowing access to his/her account. The login and password are personal and should not be shared or transferred to any person or entity, in any form whatsoever, without the prior written consent of Happy Couple.

The User is solely responsible for his/her account and the use he/she makes of it.

Any User may request on the Site to delete his account and all data provided, without the possibility of restoring them by Happy Couple. Unless requested otherwise, certain personal data would be rendered anonymous and saved by Happy Couple for statistical purposes.

The User may link his account with another User’s account (the "Partner") to make optimal use of the Services provided by the Site.

In case of deletion of a User’s account, Happy Couple shall notify the Partner by email about the deletion of the User’s account.

Article 2 – Use of Services

Each User will receive access to the Services available on the Site upon registration.

The aims of the Services are not to provide advice, psychotherapy or assistance for a marriage or other union, despite the personal motivations of the User.

Happy Couple is designed to entertain Users through activities and quiz-style games and content to improve their relationship, without claiming to substitute for professionals such as psychological and medical experts.

Happy Couple assumes no liability for the way the Users utilize the Services, alone or as a couple. During the use of the Services, Happy Couple highly recommends each User to obtain the prior approval of his/her partner. Happy Couple assumes no liability for any and all acts of all kinds committed by a User while implementing Services.

Article 3 – User-generated content

Users could post, transmit and/or write (“Post") on his/her account or his/her partner’s account, texts (free text, messages etc.), information, answers to various quizzes and other types of content depending on the opportunities that may be suggested by the Service ("User’s Content").

Users shall comply with the following rules:

Not to use the Services for professional, commercial, lucrative (advertising, prospecting, etc.) or not private purposes.

Not to use the Services for solicitation purposes.

Not to post any comments or content that may harm or violate the rights of others, or be defamatory, abusive, obscene, offensive, violent, political, racist or xenophobic and, more generally, any remarks or content violating applicable laws and regulations.

As such, Happy Couple may, at any time and at its sole discretion, monitor, review, edit or remove User’s Content.

The User agrees that Happy Couple may use the User’s Content, anonymously, in the context of improving its Services, its Site and in any promotional event and/or advertising such as ads or posting messages on social networking, advertising campaign on all media (radio, internet, writing, social networks etc.) and/or non-commercial event.

In case of breach, Happy Couple may terminate the contract and delete the account of the concerned User.

Article 4 – Relationship between the parties

Happy Couple, on the one hand, and the Users, on the other hand, are independent parties, each acting in its own name and for its own account.

The GCU does not create any hierarchical relationship, partnership, joint venture, employee/employer or franchisor/franchisee status between Happy Couple and the User.

Article 5 – Liability

Happy Couple reserves the right, at any time, to modify or discontinue the Site and the Services without any liability. Happy Couple cannot be held responsible for any malfunction of the Site.

Happy Couple does not provide therapeutic/medical advice and, as such, cannot be held liable for the use of the Services by the User. We invite you to consult a professional for all psychological and/or medical needs.

Happy Couple cannot be held liable for the accuracy or inaccuracy of information and content provided by Users.

The User accepts, by using the Site, all risks related to the use of the internet, notably the data transmission characteristics, technical errors and risk of piracy. Happy Couple cannot be held liable for any telephone costs and/or costs for the transmission of Services or any other information uploaded.

Happy Couple assumes no liability for any damage caused to the hardware of the Users.

Article 6 - Intellectual property rights

All the items and data shown on the Site are protected by French laws and regulations on copyright, publicity and/or trademark. Users shall not, under any circumstances, use, distribute, copy, reproduce, modify, alter or transmit the Site or parts of it without the prior written approval of Happy Couple.

No right or license shall be granted for any of these items without the express prior written approval of Happy Couple. Happy Couple reserves the right to pursue any action for infringement of its intellectual property rights.

The User grants Happy Couple a licence to use the intellectual property rights attached to the content provided by the User in the context of its use of the Services. These rights are granted for the whole world and for the duration of execution of the GCU between the User and Happy Couple. The User agrees not to copy, reproduce, or otherwise use the content relating to other Users.

Article 7 – Personal data

Happy Couple undertakes to protect the personal data provided by Users at registration or obtained subsequently by any means. Files containing personal data are stored on servers located on European territory and comply with the requirements of the General Data Protection Regulation (GDPR). Happy Couple does not communicate and does not sell any of its Users’ personal data.

By registering on the site, the User expressly consents to the collect and the process of his personal data for the purpose of using Happy Couple functions and services offered by the site.

The personal data collected by Happy Couple are intended to personalize the service provided to the user and the related user relationship, to perform anonymous static research based on responses to questions provided by Users, according to their profiles, and this for the purposes of studies and improving the service provided to Users.

The categories of personal data will be stored no longer than is necessary for the purpose they were obtained, including compliance with legal and fiscal obligations.

In accordance with the provisions of Law No. 78-17 dated January 6, 1978 as amended by Law No. 2004-801 dated August 6, 2004, known as the "loi Informatique et Libertés", and the General Data Protection Regulation (GDPR), subject to proof of identity, any User, regardless of his/her nationality, has a right to access, modify and delete their personal data. Each User is also entitled to request the restriction of processing concerning the data subject as well as the right to data portability.

For the purpose of applying this provision and, in particular, to ensure the confidentiality of the data of its Users, Happy Couple has appointed, in accordance with the provisions of the General Data Protection Regulation (GDPR), a Data Protection Officer, in the person of Mr Arnaud Le Merour, who can be contacted at the following address: dataofficer@happycoupleapp.com.

At all events, any User is entitled to file a complaint before the CNIL.

Article 8 - Hyperlinks – Cookies

Happy Couple may propose to the Users, from its Site, by email or any other means, to connect to other websites, either intendants or sites within the same group of companies as Happy Couple. Independent sites are not edited or controlled by Happy Couple and do not constitute in any way an endorsement or partnership. Happy Couple cannot be held liable for their content, products, ads or any other components or services presented on such sites.

As part of the use of the Services, the User could receive notifications on the Site about new features, answers to questions of the Partner and any event related directly or indirectly to the Services. The User can block these notifications by configuring his/her smartphone.

In order to allow easier and faster access to the Site and the Services, we recommend Users to accept cookies. Cookies refer to a text file stored by the web browser on the User’s smartphone access memory and allow the identification of the User, the customization of its use, and the improvement of the use of the Site. The Site may use cookies primarily to 1) allow the Site to remember the actions and User’s settings 2) provide navigation statistics to improve the experience of the User, and 3) allow access to a User’s account and to contents that are not accessible without connection.

The User acknowledges being informed of this practice and authorizes Happy Couple to use it. The User may refuse registration of "cookies" by changing the settings of their device or application, but Happy Couple cannot guarantee that the website will work as expected, and will not be liable in case of non-functioning of the Site.

Article 9 - Applicable law

All provisions hereof are governed by French law. Any disputes relating to the GCU fall under the jurisdiction of the Commercial Court of Paris (Tribunal de commerce).

Any consumer has the right to require, on a no fee basis, the assistance of a consumer’s mediator for the amicable resolution of a dispute against Happy Couple.

As such, Users are invited to contact Happy Couple for a settlement of any conflict.

Finally, it is recalled that mediation is not mandatory, but proposed in order to avoid unnecessary litigation.