Updated on: 12/12/2023

Definitions

In these Terms of Service, the following terms are employed with the meanings set out below: 

 

Application: The HAPPN application, available on the Apple App Store and the Google Play Store and on the HAPPN Webapp : https://app.happn.com

HAPPN: HAPPN, a French joint stock company (Société par Actions Simplifiée) with paid-in capital of €36,982.92 registered with the Paris RCS (trade and companies registry) under no. 535 217 723, and owner and sole operator of the HAPPN application and trademark.

TOS: These Terms of Service.

Member: A person registered with the Application. Members include Subscribers.

Member Characteristics: Information provided by the Member describing his or her lifestyle and personal characteristics on the profile. The Member can choose the information he or she wishes to appear on the profile and filter other Members on the Application based on this information.

Map (Mapping): A map that allows you to find Members with whom you’ve crossed paths.

Pass (represented by a Cross): An action represented by a cross, expressing a lack of interest. This function is confidential and no notification is sent. “Passed” profiles will not appear on the Member’s timeline in the future, but could however be found again on the Map.

Like: An action represented by a heart, expressing interest. Subscribers Members have access to the list of Likes. Except for the first Like, this function remains hidden from non-Premium Members until they receive a reciprocal Like.

SuperCrush : a function that sends a notification to the Member to whom you address it, and which also enables you to send him or her a private, personalized message to start a private conversation.

Profile Certification: a function that enables the authentication of a Member’s Profile picture(s) to obtain the “Certified Profile” badge, which enables other Members to see that the photo of the Member’s face posted on his or her profile corresponds to his or her real visual identity while moving (via the video).

Crush: An event that is created between two profiles, triggered by a Like on both profiles. It represents mutual interest and sends out a “You have a Crush” notification, allowing Members to start a conversation.

Boost: a function enabling Members to increase the visibility of their profile during the time that this option is activated. 

Messages and/or voice messages: Only Members who have a Crush (or a FlashNote, if eligible) can use the Application’s “Chat” function to send each other Messages. Messages are stored in the inbox, which is accessible via the icon on the top right of the homepage.

Packs: Bundles of Charged Services purchased by Members.

Profile Photos: photos on your profile enabling the easy identification of the Member. The Member accepts to, at the very least, provide a photo of his or her face in which he or she is clearly recognizable, and place it in first position. These two criteria combined are an essential condition for using the Services.

If the photo of the Member’s face is not placed in first position, it will be automatically placed in first position by default. If the Member has several photos of his or her face, he or she will be able to choose their order of appearance.

Services: All services, whether charged or free-of-charge, offered by HAPPN to encourage virtual or real-life meet-ups between Members who have crossed paths and who have a mutual interest in one another, according to the selected search criteria.

Shortlist: A free feature enabling Members to access a selection of three profiles recommended by HAPPN every day. The Shortlist feature is available from Members’ third day of activity on their profiles.

HAPPN Premium: All charged Services offered by HAPPN in the form of a subscription whose duration is chosen by the Member. 

HAPPN Supreme: a subscription-based set of paid Services offered by HAPPN allowing the Member to choose the duration.

Subscriber Member: member who has subscribed to HAPPN Premium or HAPPN Supreme.

Account: The Member’s dedicated personal area within the Application, which he or she accesses when he or she registers and connects to the Application. It enables the Member to access the Services. A Member may only have one Account.

Facebook Connect: A feature enabling Members to use their Facebook account to log in to the Application, in order to simplify the registration process.

CrushTime: An optional game, offered by HAPPN via a notification to the Member. For each hand, guess which person Liked you from a board of four profiles by sending him or her a Like in return.

Article 1: Scope 

 

The TOS define the rights and obligations of the parties when using the Application. They form the basis of the contractual relationship between the Member and HAPPN.

1.1 Conflicting Rules

 

These Terms of Service (TOS) determine the main rules of use for the Application. They are supplemented by additional policies – the Privacy Policy, the Cookies Use Policy and the Confidence Charter – in order to provide the Member with clearer guidance on how to use the Application. In the event of a conflict between the various policies making the rules inaccessible, unintelligible and/or unpredictable, these TOS shall prevail over the Privacy Policy, the Cookies Use Policy and the Confidence Charter.  

1.2 Independence of Provisions

 

Should any provision of these TOS be declared invalid or inapplicable due to the effects of a law, regulation or ruling by a court with relevant jurisdiction, the other provisions shall remain effective and in force, unless these TOS become distorted, or the obligations of the parties significantly thrown out of balance. 

Article 2: Amendments to the TOS

2.1 Updates

 

HAPPN reserves the right, unilaterally and at any time, to add to or amend these TOS as it sees fit or to terminate the Services. 

The Member will be informed of updates to the TOS via the Application and/or by email sent to the address provided by the Member. It is the Member’s responsibility to ensure that this email address is valid.

It is the Member’s responsibility to carefully read the updated TOS and to be fully aware of any changes ensuing from said updates.

Complete acceptance of the changes is implied by the Member’s continued use of the Application’s Services following the updates.

Should the Member not agree with changes made to the TOS, he or she has the option to end the Services and delete his or her Account as per Article 14.3.

2.2 Immediate Effect

 

All new versions of the TOS shall be effective immediately for all Members.

Article 3: Governing Law and Dispute Resolution

3.1 Governing Law

 

These TOS shall be governed by French law, exclusive of its conflict of laws rules.  

3.2 Dispute Resolution

 

In the case of dispute, the Member agrees to contact HAPPN directly in writing (by email or letter, to the email or postal address provided in article 15 hereof) prior to taking any judicial or extra-judicial action, in order to try and find an amicable settlement to this dispute.

In the case of failure, the Member is informed that he or she may choose to have recourse to mediation, free of charge, and submit its dispute to the Online Dispute Resolution platform proposed by the European Commission, which may be accessed at the following address: http://ec.europa.eu/consumers/odr/.

Any challenge or dispute related to the formation, interpretation, performance or expiry of these TOS or in any connection therewith which has not been amicably settled shall be submitted to the relevant courts of Paris (France).

Article 4: Registration

4.1 Application Download Options

 

The Application is available on the Apple and Google official download platforms and via la HAPPN Webapp, which is free to access at this address: https://app.happn.com . It can be downloaded free-of-charge from the Apple App Store and the Google Play Store, on iPhones running version iOS 10 or higher, and Android Smartphones running version 5 or higher.

4.2 Member’s Rights when Registering

 

Provided that the required conditions for Member status are met, HAPPN shall assign the Member a personal Account, which includes:

•    A profile page 

•    An inbox

•    A “notifications” option

A Member may only have one Account.

4.3 Obligations of the Member when Registering

 

The Member must be over the age of 18, and must guarantee that all information provided when registering is true and up-to-date. 

Registration can be done in these ways:

- via the Facebook Connect: the social network enables HAPPN to use the Member’s profile photo, first name, age calculated based on date of birth in order to create a “profile” page.  Consequently, the Member must check the accuracy of his or her Facebook  information before registering with the Service.

- via a cell phone number: in this case, no information on the Member may be automatically retrieved and it is his or her responsibility to supply personal information such as first and last name, sex, date of birth as well as other additional information if desired and one or more personal photos at the time of registration. 

- Via Apple or Google Sign in: it is the Member’s responsibility to provide information relating to him or her, such as first name, last name, gender, date of birth, and other additional information if he or she wishes. The Member must also provide one or more photos of himself or herself when registering.

- Via the HAPPN Webapp via Facebook Connect or Google Sign in.

Upon registration, the Member accepts these TOS and the Privacy Policy and agrees to fulfill his or her obligations, and particularly those set out in the Member Code of Conduct defined in Article 8 of these TOS.

Article 5: Services and Features

5.1 Purpose of the Service

 

HAPPN is an online dating application enabling Members to find, in the Application, people with whom they have crossed paths or may cross paths, as well as those likely to interest them. The Application offers Members profiles that are automatically selected based on their search preferences, their profile activity on the Application, their Characteristics, favourite places or location. The Member cannot modify the recommendation criteria. We believe these criteria are the most likely to determine your compatibility with the profiles offered by the Application.

Each Member is free to talk to and form relationships with other Members in compliance with these TOS and the law.

 

The Services offered by HAPPN may in no case be likened to a counseling or marriage bureau service. Its sole aim is to facilitate virtual or real-life meet-ups through the Application between Members with mutual interests, according to their locations and preferences.

5.2 Services for Members

 

Some of HAPPN’s services are available on the Application free of charge (apart from connection and telecommunications costs) for Members who agree to comply with these TOS, including:

• Sending a limited number of Likes.

• Sending of Messages and voice messages when one has a Crush.

• Viewing of other Members’ profiles.

• Passing a number of profiles.

• Playing CrushTime.

• Confidentially blocking all Members whose conduct justifies such an action.

• Confidentially reporting all Members whose conduct is contrary to the TOS or applicable law.

• Locating the points at which you’ve crossed paths with Members.

• Accessing the list of Members with whom he or she has crossed paths.

• Accessing suggested profiles.

• Configuring his or her search criteria.

• Receiving notifications.

• Consulting the FAQ and Tutorials.

• Finding out how many SuperCrushs and Crushes he or she has received without these figures being visible to other Members.

• Completing his or her profile in compliance with the TOS.

• Deleting Messages.

Charged services provided via the Application are available to Members after purchasing a Pack or a HAPPN subscription, the conditions of which are set out in article 9.

Article 6: Protection of Personal Data

 

HAPPN is very concerned with the protection of your personal data and the respect of your privacy. We suggest that you read our Privacy Policy and our Confidence Charter carefully to better understand how we process your personal data, available by clicking on the following links: 

• Privacy Policy

• Confidence Charter

Article 7: HAPPN’s Obligations and Liability

7.1 Technical Resources and Security

 

HAPPN agrees to provide the infrastructure and technical resources to provide a high-quality service to Members with an iPhone device running operating system version iOS 10 or higher, an Android Smartphone running version 5 or higher.

HAPPN cannot be held liable for any operating fault on the Member’s device or for any compatibility issue between the Application and the device.

In addition, every effort is made to ensure that the risks of fraudulent access to HAPPN’s system are minimized.  In this respect, HAPPN uses a firewall or equipment located between the Internet and the company’s private network, in order to make its security more robust by filtering traffic to and from the internet. It is, however, impossible to fully guarantee the security of a network. 

HAPPN is not responsible for any failures, interruptions or poor performance of the Member’s internet provider Services, or for any cause beyond HAPPN’s control which might interrupt or have an adverse effect on access to HAPPN Services.

The Member must have access to a secure email account. If such a precaution is not taken, or even if it is, while this probability remains low, the Member’s Account may be vulnerable to fraud. 

HAPPN shall also endeavor to avert Members of any exceptional risk of receiving spam Messages or Messages claiming to have been sent by HAPPN. The Member must be attentive and vigilant in order to avoid being the victim of scams and report any of the above circumstances to HAPPN by sending a letter or email to the address provided in Article 15 hereof.

7.2 Illegal Conduct  

 

HAPPN and its partners cannot be held liable for actions by its Members which are illegal or which incur criminal penalties, including but not limited to:

• All types of scams, 

• All activities of a commercial or professional nature,

• Prostitution,

• Identity theft,

• An infringement of a third-party intellectual property right,

• An infringement of personal rights, such as image rights and the respect of the right to privacy. 

• Any such behaviour may result in the suspension or termination of these terms and conditions of use in accordance with Article 15.4 herein.

7.3 Reporting and Community Moderation System

 

As a hosting provider and pursuant to Article 6.I-7 of the French Trust in the Digital Economy Act of June 21, 2004, HAPPN has no legal obligation to monitor the content sent or stored via the Application.

However, according to Article 6.I-3 of this law, as a hosting provider, HAPPN must set up a reporting and community moderation system in order to report some unlawful, abusive and prejudicial content.

In such case and after due verification by Customer Service, HAPPN commits to promptly remove the said content.

Pursuant to Article 6.I-5 of the French Trust in the Digital Economy Act: the knowledge of illicit content is deemed effective when the hosting provider is notified of following:

• The notification date

• The content transmitter’s identity

• A description of the disputed facts and their precise location (with the option of attaching screenshots of the disputed content);

• As well as the reasons for content removal, including the legal provisions and factual evidence;

• a copy of the correspondence sent to the author of the disputed content requesting its removal or modification, or proof that the author could not be contacted;

• as well as a statement confirming that the notifier believes they are acting in good faith and that the information is accurate and complete. 

HAPPN has therefore equipped the Application with a reporting and community moderation system, allowing Members to report the content described in Article 6.I-7 of the French Trust in the Digital Economy Act if it constitutes apology for crimes against humanity, apology for and incitement to terrorism, incitement to racial hatred, incitement to hatred based on gender, sexual orientation or handicap and inter alia child pornography, incitement to violence against women and violation of human dignity.

 

Guided by an extremely strict professional ethic and refusing any association with violent or insulting Members as well as unlawful, abusive or prejudicial content, HAPPN’s team takes this reporting procedure very seriously, which may also be implemented in the case of statements contrary to accepted social etiquette.

Hence, when the content published by a Member is reported, the transmitter’s account can be suspended or terminated according to the conditions set forth in Article 14.4. This decision is based on the proof given by the report’s author and is made in order to ensure the withdrawal of the content in compliance with HAPPN’s legal obligations.

The Member having originally published the reported content will in no case be informed of the identity of the report’s author.

Outside the scope of this reporting system, the Member can decide to block another Member whose conduct does not comply with the rules of etiquette in order to prevent any conversation with him or her (mutual prevention of access to Likes, SuperCrushs, Messages and voice messages that have been sent in the past and of sending any messages in the future, or being alerted of the presence of a Member who has been blocked, particularly if they think this Member is bothering them in one way or another).  This action is confidential and enables Members to control the Members with whom they want to keep in touch or not.  

This reporting system is accessible and operational: 

• On an iPhone: at the top right of the Member’s profile photo, and at the top right of the conversation with the Member in question;

• On an Android Smartphone: at the top right of the Member’s profile photo, and at the top right of the conversation with the Member in question;

Should content be published that was reported and that may be seen as a violation of law or regulations, the Member who is a victim of this content is encouraged to submit a complaint to the appropriate police authorities.

The reporting system put in place by HAPPN does not replace any complaint and judicial procedure against a Member who authored the reported content. 

Any misuse of the community moderation system or any unjustified reporting of a Member shall be considered a breach of these TOS, and penalties may be imposed including Account suspension/termination, pursuant to Article 15.4 « Suspension/Termination of the Account by HAPPN in the event that a Member violates the terms and conditions of use » of the TOS, besides application of penalties pursuant to Article 6.I-4 of the French Trust in the Digital Economy Act or even legal proceedings, under which damages may have to be paid to victims.

 

In addition, in accordance with its Privacy Policy, HAPPN puts measures in place to support its Members' peace of mind and security on the Application. 

7.4 Duty of Caution

 

The Member is solely liable for checking the identity of the people with whom he or she wishes to arrange a “real-life” meet-up. HAPPN may not be held liable for any problems whatsoever arising from a “real-life” meet-up.

 

Similarly, the Member is solely liable for checking the identity of the Crush with whom they may want to engage in a Video Call and organize a “virtual” meetup. HAPPN may not be held liable for any incidents occurring during a “virtual” meetup.

7.5 Group Events

 

Any use of HAPPN Services to organize a group meeting of its Members constitutes a misuse of the Service. This is why using the Application to plan or organize a demonstration in a public place is strictly prohibited. Should such a meeting take place, HAPPN may not be held liable in the case of a public order offense or any damage caused by such meeting.

Article 8: Member Code of Conduct

8.1 Duty of Fairness and Honesty when Registering

 

In order to become a Member, all of the following conditions must be met:

• Must be an adult as specified by French law (minimum of 18 years old on last birthday).

• Must have honestly and truthfully filled out the Facebook profile information or directly in the Application in the case of registration via a cell phone number via Apple or Google Sign in, or via the HAPPN Webapp. The Member must have provided the first name, sex and date of birth shown in his or her personal information. Failing that, the Member agrees to correct any errors on his or her Facebook profile, and to activate syncing of information between his or her Facebook profile and his or her Account. At the same time, the Member agrees to provide a valid email address.

• Must agree to regularly update the information provided when accessing his or her Account from the Application.

• Must have read these TOS and have accepted them when confirming his or her registration.

HAPPN does not have a legal obligation or the technical resources to verify the identity and age of Members. However, in the event of any doubt or cause for suspicion, or following the use of the “report” feature by a third party pointing to identity theft or fictitious or incorrect information, HAPPN shall conduct an investigation as quickly as possible and may correct the information provided where necessary without misrepresenting the Member’s profile. 

For the duration of the investigation, HAPPN reserves the right to suspend the Account of any Member giving cause for suspicion as well as his or her access to the Application, and to conduct the necessary checks, in particular by asking him or her to send a copy of an official ID. The Member will be informed of the suspension of his or her Account via the application and/or by email to the address given by the Member pursuant to Article 14.4 hereof.

Should the Member be unable to provide said proof, or in the case of a proven offense under these TOS, HAPPN may terminate the Account of the Member in question in accordance with the conditions set out by Article 14.4 hereof. 

The Member agrees to have only one single account. Failing that, HAPPN may delete the additional accounts, under the conditions described in article 14.4 hereof.

8.2 Duty of Fairness and Honesty during Use

 

In order to remain a Member, all of the following conditions must be met: 

• Be honest and truthful in his or her statements.

• Only post photos and/or profile information that allow a Member to be easily identified, and at the very least, in first position, one Profile Photo as previously defined, meaning one in which your face can be recognized clearly, these two criteria comprising a fundamental condition for using the Services, excluding photos and/or information in which third parties or items with no connection to the person or Member appear, such that HAPPN reserves the right to delete, at its discretion, any photo and/or profile that does not meet these requirements.

• Refrain from posting any confidential information about others such as financial data.

• Refrain from posting any content or photos on the Application which are pornographic or which violate modesty and human dignity.

• Respect the private nature of content and conversations exchanged with other Members through the Application, and therefore refrain from disclosing the content of such Messages to third parties. 

• Refrain from violating intellectual property or laws on personality rights.

• Refrain from disrupting public order.

• Refrain from committing defamation, and more generally from using insulting language, particularly of a racial or discriminatory nature.

• Comply with current laws and regulations.

• Refrain from inciting violence or advocating terrorism, war crimes or crimes against humanity.

• Refrain from infringing upon accepted etiquette and standards of politeness with other Members.

• Refrain from infringing upon the normal running of the Application’s Services or infrastructure in any way.

• Refrain from changing, copying, assembling, decompiling or otherwise attempting to use the Application’s source code, algorithms or software as well as those of HAPPN’s partners, for any purposes other than those provided in these TOS, especially for reverse engineering.

• Refrain from using robots or tools other than those provided by HAPPN when using the Application to contact other Members.

• Refrain from using the Application to arrange professional services (escort or other similar services).

• Refrain from approaching other Members with the aim of promoting paid services or products.

• Refrain from disclosing his or her login information to other Members, particularly the user name and password to his or her Account.

• Refrain from advertising or encouraging in any way the use of any other service, whether or not it is a competing service, and refrain from committing any offense relating to unfair competition.

• Refrain from using the Application to organize gatherings or demonstrations.

The Member shall not copy and/or disseminate, and/or transfer technical data that it might intercept on the network connected to the HAPPN application.

Furthermore, in the event of obviously abusive or excessive behaviour by the Member, especially if it is repeated and/or unfounded, with the intention of using  the paid Services offered on the Application for free, HAPPN reserves the right to suspend the Member's Account under the terms of Article 15.4 of these terms and conditions of use. 

 

Members also commit to abide by the following terms of use:

• Refrain from transmitting or exchanging fixed and/or animated content of an offensive, sexually explicit, illegal, dangerous, violent, bullying, disrespectful, defamatory or threatening nature;

• Refrain from using the Messages:

(i) for gambling, games of chance, lotteries or sweepstakes;

(ii) for the promotion of gambling, games of chance, lotteries or sweepstakes;

(iii) for the promotion, encouragement or facilitation of any illegal activity or activity violating the rights of a third party (including, but not limited to intellectual and industrial property rights, right to privacy and to personality);

(iv) to attempt to circumvent the feature’s safety measures or to use the feature for purposes other than the ones it is intended for, i.e., calling and communicating with your Crush spontaneously via video call for a limited duration.

8.3 Personal Use

 

The Member agrees to use the Application solely for personal use. The HAPPN network must not be exploited for commercial, promotional, electoral or recruitment purposes. It is strictly prohibited to send Messages of a marketing and/or commercial nature and/or newsletters via the HAPPN inbox, including but not limited to content, guidelines or hyperlinks to third-party sites or materials, particularly those of HAPPN’s competitors. 

8.4 Member’s Liability

 

The Member is only liable for his or her own actions and for the data that he or she publishes via the Application.

Should HAPPN be held liable for any failure by the Member to comply with its obligations, the Member shall hold HAPPN harmless against any conviction made against it regarding the Member’s infringement of the law or of these TOS.

The Member may report unlawful content which violates French law or these TOS using the moderation tools provided by the Application in accordance with Article 7.3 hereof. 

8.5 Photos

 

All photos of a pornographic or exhibitionist nature, or which violate modesty and are generally offensive to moral values are strictly prohibited. The publication of such photos will be considered a serious offense which can lead to the suspension and/or termination of the Member’s Account under the terms of Article 14.4 of these terms and conditions of use, in addition to any other penalties that may be imposed by the courts.

8.6 Real-life Meet-ups

 

HAPPN advises Members who wish to arrange “real-life” meet-ups to be vigilant.  Members are solely responsible for verifying the identity of those with whom they meet. “Real-life” meet-ups are arranged independently of HAPPN and are the sole responsibility of Members. HAPPN cannot be held liable for any acts or problems of any type which have been committed or caused by Members and/or former Members when such events occur following use of the Application.  In this respect, one of the intended benefits of the HAPPN messaging service, again to ensure that Members remain safe and free from harassment, is to enable Members to decide which people should be allowed to see their profiles and talk to them. 

As regards the people with whom the Member has agreed to exchange Messages, it is recommended that Members do not too readily reveal information which is not included in the profile such as a phone number, address or surname.  For safety reasons, HAPPN strongly advises that real-life meetings be arranged only in busy public places or that a friend or relative be informed of the meeting and that Members disclose their contact information only after a reasonable period of time.

8.7 Account Management

 

The Member must regularly consult his or her inbox and notifications, which HAPPN will use inter alia to keep the Member updated on information pertaining to its Services. This information may also be sent to the Member’s email address obtained through Facebook Connect or directly provided by the Member when registering with a cell phone number, or via Apple, Google Sign in, or via the HAPPN Webapp.

The Member may access the Services of his or her Account by connecting to the Application using a confidential user name and password. The Member is solely responsible for his or her login information and must ensure that no third party may access them. In particular, the Member shall specifically hold HAPPN harmless against any communication, use or declaration made using his or her Account.

8.8 Equipment

 

The cost of equipment (hardware or software) required to access the Services together with all other costs related thereto, including telecommunications costs, shall be borne solely by the Member.  The Member is solely responsible for the hardware used to access the Service.

Article 9: Charged Services 

9.1 Purchase of Packs of SuperCrushs and HAPPN Subscriptions

 

SuperCrushs cannot be purchased individually. They are available in Packs of multiple SuperCrushs, at prices indicated in the Apple App Store, the Google Play Store.

Members receive a free Pack of SuperCrushs when registering with the Application.

Each Member may also sign up for a HAPPN subscription at any time.

Subscribers Members have access, in addition to free services, to additional services reserved for subscribers. 

Subscription offers allow access to HAPPN Premium and HAPPN Supreme for a period corresponding to that of your subscription.  

For eligible members, a promotional offer for a HAPPN subscription may be offered when the Member registers. This offer is valid for a limited period indicated in the offer. This offer is personal and valid only for first-time HAPPN subscribers and only once per Apple or Google Play account, depending on your device.

9.2 Purchase of Packs of SuperCrushs

 

SuperCrushs cannot be purchased individually. They are available as Packs of several SuperCrushs and according to the pricing conditions indicated in the Apple App Store and the Google Play Store and the Stripe platform.

9.3 Purchase of Boosts

 

Boosts are available for purchase as Packs of several Boosts or individually, according to the pricing conditions indicated in the Apple App Store or the Google Play Store and the Stripe payment platform.

9.4 Payment Terms

 

Payment is due for the entire period of subscription at the time when the HAPPN contract is concluded.

Payment via your App Store or Play Store account. Payment is processed and managed by the Apple App Store or Google Play Store depending on your device.

HAPPN has no direct control over payment, exchange rate or transfer of funds nor on any possible fees inherent to these operations. Consequently, the Apple App Store and Google Play Store alone are liable for their payment terms and processes.

This is why HAPPN has no control over reimbursement of your purchase. Any requests related to payment must be sent to your Store.

HAPPN does not collect any banking information. Your bank details are collected and processed directly by Apple or Google and remain outside of HAPPN’s control.

Payment by debit card. Payment by debit card is possible on the Web Application and the Mobile Application on Android. It is managed via the Stripe payment platform. Any request relating to payment via the Web Application must be addressed to HAPPN's customer service department. 

HAPPN does not collect any banking data. Your bank details are collected and processed directly by Stripe. 

9.5 Contract Term and Renewal of the HAPPN Subscription

 

If the Member chooses to take out a HAPPN subscription, he/she will be bound from the date of subscription. The HAPPN access contract is binding between the parties from the date of its conclusion and for the duration of the chosen subscription period. In the event of termination by the Member before the end of the subscription period, the sums paid to HAPPN for this period will be forfeited and will not be returned to the Member.

Subscriptions are automatically renewed by default, unless the Member cancels using the dedicated function on the platform on which the Member has taken out the subscription (on the Apple App Store, the Google Play Store or the Application), which have a function enabling all subscriptions with application providers to be cancelled 24 hours before the previous subscription expires. 

In the event of renewal of the subscription, and on receipt of automatic payment from your Store, HAPPN will validate your purchase and update your account, giving you access to HAPPN for a period corresponding to the amount received.

If you do not wish to use the default “automatic renewal” option, simply deactivate it by following the instructions in the following link: access our FAQ.

If you wish to circumvent this automatic renewal at the end of the subscription term set up by the Stores, you must deactivate it.

9.6 Withdrawal Rights

 

As specified in article 9.5 of these TOS, payments are processed and managed entirely by the Apple App Store or the Google Play Store, such that the right of withdrawal, if applicable, must be exercised directly through the App Store or Google Play. 

 

Consequently, when a Member decides to exercise this right to withdrawal, he or she must notify the Apple App Store or the Google Play Store, depending on the type of device used at the time of purchase:

For the Play Store, follow the instructions that appear in the following link to access the terms and conditions for exercising your right to withdrawal from Google Play and to the model form: access here.

For more information, you can contact the Google Play Store help center. The information for contacting them by phone can be found by clicking the link below:  Google Play Help Center.

For the App Store: you must notify that you are exercising your right to withdrawal using the form supplied by Apple Distribution International by sending it to the following address: Apple Distribution International, iTunes Store Customer Support, Hollyhill Industrial Estate, Hollyhill, Cork, Republic of Ireland. The model form as well as the terms and conditions for exercising your right to withdrawal from the App Store are accessible by clicking on the following link:

https://www.apple.com/legal/internet-services/itunes/fr/terms.html

For payment by debit card. You must notify HAPPN of the exercise of your right of withdrawal.

9.7 Early Termination of the Contract by the Member or by HAPPN 

 

In the event of breach of the TOS or a legal provision by the Member, HAPPN has the right to terminate the contract, effective immediately and without prejudice. HAPPN is not required to justify its decision to terminate to the Member.

In all cases, no reimbursement will be made if the Member is a HAPPN subscriber or has purchased Packs (of SuperCrushs and/or Boosts).

Article 10: Scope of the Offer

10.1 SuperCrushs and Boost Validity Period

 

SuperCrushs and/or Boosts purchased and/or offered by HAPPN may only be used for the term during which the Account remains active, in compliance with the TOS.  In the event of early termination of the Account pursuant to Article 14.3, 14.4 or 14.5 hereafter, any remaining SuperCrushs and/or Boosts at the date of termination or deletion of the Member Account shall be permanently deleted from the Member Account, without compensation of any kind.

A subsequent re-registration of the Member will not allow him or her to recover the lost SuperCrushs and/or Boosts.

HAPPN may offer SuperCrushs to Members as part of its loyalty program or for a special event.

10.2 Cumulative Offers

 

Packs of SuperCrushs or Boosts are cumulative. The number of SuperCrushs and Boosts in each Pack purchased is added to the SuperCrushs and Boosts already in the Member’s Account.

Packs of SuperCrushs are also cumulative with subscriptions, meaning that they allow users to benefit from more SuperCrushs than those to which Premium Subscribers have access. 

Article 11: Communication with the Member

11.1 Push Notifications

 

The Member may receive push notifications through the Application to notify him or her of important events, including but not limited to: 

• A SuperCrushs received from another Membre,

• A Message or vocal message received from another Member,

• A Message from HAPPN relating to the Member’s Account and/or Services.

The Member may change his or her push notification preferences through his or her Account settings.

11.2 Newsletter

 

Upon registration with the Application, the Member receives a newsletter from HAPPN.  The Member may unsubscribe at any time by clicking on the “unsubscribe” link provided in the newsletter and/or by exercising his or her right of refusal by sending an email to the address provided in Article 15 of the TOS.

11.3 Advertising and Promotional Messages

 

HAPPN is free to post, within the scope of execution of the contract and through the Application, advertising and promotional messages from advertisers and any other partner.

Article 12: Intellectual Property

12.1 Prerogatives related to Trademark Law

 

The HAPPN trademark is exclusively owned by HAPPN. HAPPN holds all of the related rights. The HAPPN trademark has been registered with various national and international offices, in particular with the World Intellectual Property Organization and has been registered with the French National Institute for Industrial Property (Institut National de Propriété Industrielle) under the number 4109777, as well as the European Union Intellectual Property Office under number 012787974.

Any reproduction and/or use and/or partial and/or total affixing and/or modification and/or deletion of the trademark and related rights, such as for example (without limitation) the Application’s slogan and logo, through any method whatsoever and in any form whatsoever, in any format or through any medium whatsoever, is strictly prohibited without HAPPN’s prior, express and written authorization, and may give rise to legal proceedings. 

The trademark is protected by Articles L713-2 et seq. of the French Intellectual Property Code (Code de la propriété intellectuelle) currently in force in France, and this protection is international.

12.2 Prerogatives related to Copyright

 

The original works provided by HAPPN are exclusively owned by HAPPN. HAPPN holds all of the related rights.

Any representation and/or reproduction and/or distribution and/or partial and/or total exploitation of the content and Services provided by the Application, such as for example the software, animations, text, photos, videos, graphics and more broadly the general structure, through any method whatsoever and in any form whatsoever, in any format or through any medium whatsoever, is strictly prohibited without HAPPN’s prior, express and written authorization, and may give rise to legal proceedings.

These original works are protected by Articles L335-3 et seq. of the French Intellectual Property Code (Code de la propriété intellectuelle) currently in force in France, and this protection is international.

12.3 License

 

The usage rights granted by HAPPN to the Member are restricted to private and personal use. Any other use by the Member is prohibited without HAPPN’s prior, express and written authorization. 

The Member grants HAPPN and its partners a free-of-charge, non-exclusive, international and permanent license for the use, reproduction, representation, modification and translation of any basic intellectual property-related component and personality rights (including rights of image, name, and voice) (text, photos, videos, etc.) that it may provide through the Application for the non-exclusive purpose of communicating with other Members.

 

HAPPN shall use this license in a manner which complies with image rights, respect of personality attributes, and respect of the right to privacy which protects the user’s personal data, without misrepresenting the true nature of the Member’s profile and therefore in keeping with this profile. This license permits HAPPN to ensure that these components are compatible with its technical performance or the required media formats. These rights are granted on an international basis and throughout the performance of these TOS between the Member and HAPPN. 

 

The Member shall retain ownership of any content and personal data that he or she provides.

The Member shall hold HAPPN harmless against any legal action, appeal or conviction brought against him or her due to his or her infringement of a third party’s intellectual property rights. The Member shall hold HAPPN harmless against any claims or damages which may result from it including, but not limited to, requests for compensation. 

 

As part of the Profile recommendation service, the Member grants HAPPN the same rights and guarantees of use as described in the aforementioned license. This is to enable the sending of the indicative selection of three profiles to other Members via the Application and via an editorial or themed newsletter sent by email. It should be noted that this list of recommendations may be different to the one the Member may find in their Profile on the HAPPN Application as Profiles are continuously refined based on their relevance and status. 

Article 13: Counterfeiting, Unfair Competition and Parasitism

 

It is strictly prohibited to design a product similar to the Application or to create a derivative, and more generally to be guilty of parasitism, imitation, a smear campaign or any other act of unfair competition. HAPPN reserves the right, in this case, to serve a writ on the Member in question in view of obtaining compensation for the injury caused by the Member.

Additionally, the Member who succeeds in or attempts to grant licenses or sub-licenses, or to sell, resell, transfer, assign, distribute or commercially exploit in any other way, or to make available the Services or Application to a third party in any way shall risk serious legal penalties.

Article 14: Termination 

14.1 Deactivation of the Account by the Member

 

The Member may deactivate his or her Account without notice through the Application if he or she no longer wishes to be visible on it.

Once the profile has been deactivated:

• The Member’s profile will be made invisible to other Members in the past, present and future.

• There will be no change to the legal obligation for data retention.

• In the event of an Account being reactivated during the one-year period following the closure of the Account, the details kept will be reallocated to the profile, which will be visible again.

14.2 Uninstallation of the Application by the Member

 

The Member may uninstall the Application from his or her cell phone at any time without notice. Consequently, the Member shall have no further access to the Application unless he or she downloads it again.

• The uninstallation of the Application does not delete the Member’s Account. It is therefore recommended to delete your Account on the Application before uninstalling it.

• The uninstallation of the Application has no incidence on the legal obligation for data retention.

• In the event of the Application being re-downloaded during the one-year period following the uninstallation of the Account, the details kept will be reallocated to the profile, which will be active again.

14.3 Deletion of the Account by the Member

 

The Member may decide, at any time and without notice, to permanently delete his or her Account using one of the following means:

• By deleting it of his or her own accord from the Application, by going to the Settings of the application > My data > Delete my account.

• By sending a letter or email to HAPPN, whose postal address and email address are shown in Article 15 hereof. 

Consequently, the Member’s profile will be permanently deleted, including the remaining SuperCrushs or Boosts in his or her Account.

Further, the subscriber Member who decides to delete his or her Account can terminate their subscription to HAPPN by contacting the Apple App Store or Google Play Store by following the instructions found in the following link: access our FAQ.

Should the Member wish to start using the Application again after deleting his Account, he or she must register under the same terms and conditions as the initial registration.

Once the Account has been deleted:

• The Member’s profile will be made invisible to other Members.

• The Member’s data shall be retained for one year as of this date, as regards in particular the legal obligations incumbent upon HAPPN in accordance with the terms set out by Article 9 of the Privacy Policy, and shall be permanently deleted thereafter.

• The remaining SuperCrushs or Boosts in the Member’s Account on the day the Account is deleted shall be definitively lost without the possibility to claim any reimbursement.

The Member cannot reactivate his or her old Account. 

14.4 Suspension/Termination of the Account by HAPPN in case of breach of TOS

 

In case of breach of TOS by the Member, his or her account can at any time and after prior warning be suspended as a safeguard measure for a reasonable period of time and then terminated as of right by HAPPN.

HAPPN will be entitled to suspend a Member’s account as long as necessary to allow HAPPN’s customer service team to make all investigations necessary following the report as required by Article 7.3 hereof or in case of presumed breach of TOS which may be remediated.

In its decision to suspend the Account, HAPPN will consider the seriousness of the violation and whether it is repeated or isolated. For example, in the event of suspension following misuse of the service, i.e. frequent supply of obviously illicit content and frequent and manifestly unfounded notifications and complaints, HAPPN will consider : 

• the volume of obviously illicit content/notifications or obviously unfounded complaints;
• the relative proportion of these items in relation to the total number of items supplied or notifications submitted;
• the seriousness of misuse (nature and consequences);
• the Member's intention (where this can be determined).

The Member is invited to contact HAPPN customer service by email in order to obtain more information on the reasons for the suspension and in order to provide explanations and/or bring the proof that the breach has been remediated. Members may also turn to the internal complaints handling system set up by HAPPN.

 

If within 30 days following the notification of the account suspension, the Member has not contacted HAPPN customer service, or if the elements given by the Members did not help to remedy the breach, HAPPN will be entitled to notify the Member of termination of his or Account via the Application and/or by email and inform the Member of the period in which he or she cannot re-register for the Application.  Unless stated otherwise, the duration of such removal is set at 1 year from the notification of termination of the Account.

Upon Termination of the Account:

• The Member’s profile will be made invisible to other Members;

• The remaining SuperCrushs or Boosts, in the Member’s Account on the day the Account is terminated shall be definitively deleted without the possibility to claim any reimbursement.

The Member will not be able to create another account for a maximum 1-year period from the notification of the Account termination. 

14.5 Termination of Inactive Accounts by HAPPN

 

HAPPN will delete inactive accounts as defined below.

An account is considered inactive if after a continuous period of one year, both of the following conditions are met:

• The Application of the Member did not establish contact with HAPPN’s servers (including because of deactivation of the geolocation process); and

• The Member has not used the Application. In any event, the Account of a Subscriber Member is not considered inactive.

The Member will be informed by email sent to the address given in the Application of the deletion of his or her account subject to prior notice of eight (8) days.

During the period of notice, the Member may reactivate his or her Account, which results in the suspension of the termination procedure. All content from the Member’s profile will then be preserved.

At the end of the period of notice and in the absence of a contrary intention expressed by the Member, the Account will be automatically deleted by HAPPN.

Once the Account has been deleted:

• The Member’s profile will be made invisible to other Members.

• The Member’s data shall be retained for one year as of this date, as regards in particular the legal obligations incumbent upon HAPPN in accordance with the terms set out by Article 9 of the Privacy Policy, and shall be permanently deleted thereafter.

• The remaining SuperCrushs or Boosts in the Member’s Account on the day the Account is terminated shall be definitively deleted without the possibility to claim any reimbursement.

The Member will not be able to reactivate nor request reactivation of his/her old Account.

Article 15: Contact 

 

HAPPN may be contacted by mail at 5 rue Feydeau, 75002, Paris (France). 

Members may also contact HAPPN by email at the following address: support@happn.com.

Article 16: Confidentiality Clause 

 

Neither HAPPN nor the Member are authorized to disclose information about the agreement between them, and each party agrees to comply with a confidentiality clause which requires them to prefer confidential negotiations in the event of a disagreement.