Last updated: February, 2020

Welcome to the Happo Services, we are glad you want to join us! Please read these terms carefully. 

1. The Happo services

These terms of service (“Terms”) are entered into between Academic Work Solutions AB (“Happo”, “we”, “us”) and you (as the user or representative of the user entering into this agreement). These Terms govern the use of a cloud-based candidate presentation tool (the “Service”). These Terms cover your use and access to the Service, including specifications, documentation, manuals, and accessories, if any, related to the Service. By using the Service, you agree to be bound by these Terms and to the Privacy Policy. Even if you are signing onto an existing team, these Terms apply to you as a user of the Service. If you do not want to agree to these Terms or the Privacy Policy, usage of the Service is not possible.

2. Modification to Happo services and terms

Happo reserves the right to modify or withdraw, temporarily or permanently, the Service (or any part thereof) at any time without informing the you, the user. We may also revise and update the Terms from time to time without notification. As a user, you must ensure that you that  you check this page to take notice of any changes we have made. Your continued use of the Service following the posting of revised Terms means that you accept and agree to the changes. 

We will not be liable if (for any reason) all or any part of the Service is unavailable at any time or for any period. From time to time, we may restrict access to the Service (in whole or in part), to users, including registered users.

3. Your secrecy regarding Happo support

All information of your use of Happo regarding your recruitment process, as candidates, candidate information, comments, evaluation, and collaborators is only visible for you, your team admin and your invited collaborators. Happo support may, in case of a client request, or technical issues, get access to this information and have thereby agreed on a confidentiality agreement.

4. Your account information

All information we collect on this Service is subject to our Privacy Policy. By using the Service, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy. You represent and warrant that all data provided by you is accurate.

By using the Services (and registering an Account on the Service), you will provide us with information such as an email address. Happo does not claim ownership to your information. However, by uploading information to the Service you give Happo the limited rights to your content necessary to offer the Services. 

While using the Service, you are fully responsible for maintaining the confidentiality of the information and for all activities that occur under your account. For the avoidance of doubt, Happo is not responsible and does not control the content posted or shared by Service users via the Services and does not guarantee the accuracy, integrity or quality of such user information. 

Happo is entitled to, at its sole discretion, refuse, modify, delete or disable any content available via the Services. Furthermore, Happo is entitled to suspend or terminate your account and to refuse any future use of the Service should you act in breach of this section. 

5. Reliance on information posted

The information presented on or through the Service is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk.

6. Proper use of the service

You may use the Service only for lawful purposes and in accordance with these Terms of Use. You shall not use the Service:

in any way that violates any applicable local and international law or regulation;

to transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter" or "spam" or any other similar solicitation;

to impersonate or attempt to impersonate Happo or a Happo employee, another user, or person or entity (including, without limitation, the use of e-mail addresses or screen names associated with any of the foregoing); or

to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Service, or which, as determined by us, may harm the Happo (including its affiliates) or users of the Service or expose them to liability. 

Additionally,  you shall not:

use the Service in any manner that could disable, overburden, damage, or impair the Service or interfere with any other party's use of the Service, including their ability to engage in real time activities through the Service;

use any robot, spider or other automatic devices, process or means to access the Service for any purpose, including to monitor or copy any of the material on the Service;

use any manual process to monitor or copy any of the material on the Service or for any other unauthorized purpose without our prior written consent;

use any device, software or routine that interferes with the proper working of the Service;

introduce any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;

attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Service, the server on which the Service is stored, or any server, computer or database connected to the Service;

attack the Service via a denial-of-service attack or a distributed denial-of-service attack; or

otherwise attempt to interfere with the proper working of the Service. 

By registering an account on the Services, you warrant that:

you shall act in compliance with these Terms and the Privacy Policy, included herein as by reference;

you shall provide true, accurate and complete information;

you have all necessary right, power and authority to enter into these Terms and to perform the acts required of you hereunder; and 

you shall not infringe the intellectual property rights of any third party or Happo.

We have the right to:

take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Service; and 

terminate your access to all or part of the service for any or no reason, including without limitation any violation of these Terms. 

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any materials on or through the Service. You agree to waive and hold Happo harmless against any claims resulting from any action taken by Happo during or as a result of its monitoring and enforcement actions.

7. Intellectual property rights

Happo and/or its suppliers, as applicable, retain ownership of all proprietary rights, including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof, in the Service and in all trade names, trademarks and service marks associated with the Service. 

If you print, copy, modify, download or otherwise use any part of the Service in breach of the Terms of Use, your right to use the Service will cease immediately and you must either return or destroy any copies of the materials you have made. No right, title or interest in or to the Service or any content on the site is transferred to you, and all rights not expressly granted are reserved by the Happo. Any use of the Service not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark and other laws.

8. Payment terms

Happo offers additional paid features within its Happo Business Service (“Happo Business”). Happo Business will continuously add more functionality and is a service for those who need a more encompassing recruitment tool. Should you choose to subscribe to a Happo Business account, your credit card will be billed a monthly or annual basis, depending on your chosen billing plan, from the date you convert to a Happo Business Account. 

You may terminate Happo Business at any time and your account will revert to Happo Basic (free) after the cancellation or termiantion. casein such an event, your account statistics and other Happo Business features will be unreachable. If you choose to re-subscribe at a later date, your historical statistics will become available but only for those months when you previously subscribed to Happo Business. 

If you fail to pay your invoice in a timely manner or at all, Happo is entitled to (in addition to interest on late payments in accordance with the Swedish Interest Act) charge an administrative fee of SEK 50. Furthermore, late payments shall entitle Happo to take other legal measures deemed necessary to collect such fees and to terminate your paid account. 

Happo is entitled to change the fees for Happo Business from time to time. Should the fees change, Happo will give you a notice in advance via the email address associated with your account. 

9. Termination and cancellation 

You are free to cancel or terminate your account at any time. 

Happo is entitled to, at its sole discretion and without notice, terminate the Service, these Terms, or suspend or terminate your account at any time and for any reason.

10. Warranties

The Services are provided “as is” and “as available”. Happo, its affiliates, and suppliers expressly disclaim all warranties of any kind, express or implied, including but not limited to any warranties or representation regarding results that may be obtained from the Service, the security of the Service, non-infringement or that the Service will meet any user´s requirements. No oral or written information or advice was given by Happo or its authorized representatives shall create a warranty or in any way increase the scope of Happo's obligations.

11. Limitation of liability

In no event shall Happo, its affiliates or suppliers be liable for any indirect, special, incidental, punitive, exemplary or consequential damages including, but not limited to, damages for loss of data, loss of business profits, business interruption, loss of business information or any other pecuniary loss or damage. This is regardless of whether Happo or any of its affiliates has been warned of such damages or if a remedy fails of its essential purpose or not. Happo’s liability is limited to the greatest extent as permitted by applicable law. 

Happo, its affiliates’, and its suppliers’ liability for any claims arising out of or related to these Terms shall be limited to the amount invoiced to and paid by the Customer during the 12-month period before the events giving rise to the claim arose.

In no event shall Happo be considered the employer of the applicants that have been recruited using the Service. Happo solely provides a tool for recruitment and thus have no part in any contract or agreement between a Customer and a candidate. You agree to indemnify and hold Happo harmless from and against any claims, damages, costs, taxes, or fees arising from any employer related liabilities or Happo being declared the employer of an applicant.

12. Entire agreement and general provisions

These Terms constitute the entire agreement between you and Happo and supersedes any other prior or contemporaneous understandings, agreements, terms or conditions applicable to the subject matter. 

These Terms create no third-party beneficiary rights. 

Happo shall be entitled to assign or transfer its rights or obligations, in whole or in part, under these Terms without notice to you. Additionally, Happo shall be entitled to Novate this agreement upon 15 days’ notice to you; however, you shall then have seven days to object to the novation. If you fail to object within 7 days and/or use the Services after the 7-day period, you will be deemed to have accepted the novation.If requested by Happo, you shall promptly, and in any event within 15 days, enter into a novation agreement in such form as Happo shall reasonably specify in order to enable Happo to exercise its rights pursuant to this clause 12. You are not entitled to assign, transfer, or novate these Terms. 

13. Severability and waiver

If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

No waiver of these Terms by Happo shall be deemed a further or continuing waiver of such term or condition or any other term or condition, and any failure of Happo to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

14. Governing law and dispute resolution

These Terms of Use and any dispute or claim arising out of, or related to, them, their subject matter or their formation (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of Sweden, without giving effect to any choice of law or conflict of law provision.

Disputes shall be handled informally by you contacting Happo at support@happo.com or by Happo contacting you via the email address associated with your account. Disputes that cannot be settled amicably shall be brought before the Parties’ CEOs for further mediation. 

Failure in finding an amicable solution within 60 days after referral of the dispute to the Parties’ CEOs, shall be finally settled by arbitration administered by the Arbitration Institute of the Stockholm Chamber of Commerce (the “SCC”). The Rules for Expedited Arbitrations shall apply, unless the SCC in its discretion determines, taking into account the complexity of the case, the amount in dispute and other circumstances, that the Arbitration Rules shall apply. In the latter case, the SCC shall also decide whether the Arbitral Tribunal shall be composed of one or three arbitrators.

The place of arbitration, unless agreed upon otherwise by you and Happo, shall be in Stockholm. The language to be used in the arbitral proceedings shall be Swedish. 

Any dispute shall be filed within one (1) year after such claim or cause of action arose. If you fail to report the complaint within the prescribed time and manner, your right to bring claims, or otherwise enforce contractual penalties as a result thereof, is forfeited.

Happo may nevertheless refer disputes regarding late payments to the general courts of Sweden.

16. Contact

Please also feel free to contact us if you have any questions about Happo’s Terms of Service. You may contact us at support@happo.com.

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