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Allgemeinen Geschäftsbedingungen

happiness.com Terms and Conditions

Effective date: 23 March 2019

This Terms of Use were last updated 23 March 2019

General Terms and Conditions for the use of happiness.com

Introduction by the operators of happiness.com

PREAMBLE

Sec. 1 General Information

Sec. 2 Academy, Courses, Teachers

Sec. 3 Subject Matter of the Contract

Sec. 4 HAPPY Token

Sec. 5 HAPPY exchange

Sec. 6 Registration and Profiles

Sec. 7 Duties of the Members

Sec. 8 Sanctions for Infringements

Sec. 9 Liability of happiness.com

Sec. 10 Term and Termination of the Contract

Sec. 11 Revocation Instructions for Paid Memberships

Right of Revocation

Revocation Consequences

Sec. 12 Privacy Policy

Sec. 13 Modification of the Platform

Sec. 14 Payment Provider / Default of Payment

Sec. 15 Granting of Rights to Content and Rights of Use on the happiness.com Platform

Sec. 16 Third Party Content

Sec. 17 No Medical Advice

Sec. 18 Severability Clause

Sec. 19 Final Clauses

General Terms and Conditions for the use of happiness.com

Introduction by the operators of happiness.com

Before you get down to read our General Terms and Conditions (GTC), we'd like to say something important. The basic use of happiness.com is free.

From creating a profile, writing and receiving messages, to being active in the forum and chat - are all free of charge. One way to support our mission is by purchasing a membership that gives you extra features and benefits and enables us to keep the basic service free for those who couldn’t afford it otherwise.

As with most websites, everyone must agree and accept the Terms and Conditions of use. While our General Terms and Conditions are written in plain, factual, legal language, we've tried to make them as easy as possible for you to understand. So without further ado, we hope you enjoy reading the following.

Wir möchten dich auch gleich zu Anfang auf deine Eigenverantwortung hinweisen. Niemand kennt dich besser als du dich selbst und während happiness.com Unterstützung, Inspiration, Ideen und Ermutigung geben will, kann es doch ohne deine Expertise für dich selbst nichts bewirken. Zudem kann eine happiness.com keinen Arzt, Therapeuten ersetzen. Bitte zögere nie professionelle Hilfe in Anspruch zu nehmen oder dein Umfeld helfen zu lassen.

PREAMBLE

  1. By registering as a member of happiness.com, you accept the following GTC for the use of happiness.com.
  2. These         GTC govern the contractual relationship between you (from now on referred to as the "Member" or the "Members") and Ideawise Limited, Room 603 Alliance Building, 130-6 Connaught Road, Central Hong Kong, HK (from now on referred to as "we/us" or "happiness.com"). You can access, print, download or save these GTC at any time on any happiness.com platform (pop-up window excluded), even after the conclusion of the contract.
  3. Any conflicting GTC deviating from these conditions do not apply if we have not confirmed them in writing or text form.
  4. We are entitled to amend these GTC unilaterally insofar as this is necessary to remedy any subsequent disturbances of equivalence or to adapt them to changed legal or technical framework conditions (e.g. in the event of changes in laws or legal decisions regarding the health protection, tax law, etc.).
  5. We will inform you of any changes via your last known email address about the content of the changed regulations. The amendment shall become an integral part of the contract unless you object to it in writing or text form within four weeks of receipt of the         notification of amendment of the inclusion in the contractual relationship. In the event of your objection, we reserve the right to terminate the contractual relationship. We will inform you separately in the email containing the changed conditions about the meaning of this four-week period. This only applies, however, if you make use of our services and are registered on happiness.com at the         time of the change of the GTC.
  6. If you use happiness.com as a consumer and conclude a paid membership, you have a legal right of revocation. happiness.com, therefore,         instructs you as follows.

Sec. 1 General Information

  1. happiness.com is an online community, cryptocurrency ecosystem and academy. On happiness.com you can get to know other members, to upload content (texts, pictures, videos, etc.) and to exchange posts with other members in the forums.
  2. happiness.com uses a digital currency called HAPPY Token or simply “HAPPY”.         HAPPY Tokens can be used to activate specific functions (utility) or to buy services (payment). Every member on happiness.com has a HAPPY wallet with which they can manage their HAPPY Tokens. At the moment you can only earn HAPPY by being an active member on happiness.com,         by cultivating and spreading happiness within the happiness project.         HAPPY Tokens get released based on an algorithm every 24 hours. The exact algorithm as well as the weight of every action gets         continuously optimised and is the business secret of Ideawise Limited.
  3. The registration with us and the basic use of the happiness.com platform         is free. However, one way of supporting the mission of happiness.com is to pay for your membership which gives you extra features and benefits and enables us to keep the basic service free for those who couldn’t afford it otherwise. Those paid supporter memberships are subject to a fee and are explicitly marked accordingly. More detailed information can be found on happiness.com. The respective prices are available in the price overview on happiness.com.
  4. happiness.com's offer is directed exclusively at natural persons of 12 years or         more. If you are between the age of 12 and 16, you must have obtained the consent of your parent or legal guardian to your use of the happiness.com.
  5. The use of the happiness.com platform requires a standard device with an Internet connection and a current Internet browser. You are         responsible for the provision and configuration of the required software and/or plug-ins.
  6. The use of the happiness.com platform requires a standard device with an Internet connection and a current Internet browser. You are        responsible for the provision and configuration of the necessary software and/or plug-ins.
  7. The communication between happiness.com and you will take place exclusively via email or after registration via messages within the platform. Statements and information that we send you by email are deemed to have been received as soon as they are received on your email server and under usual circumstances can be retrieved by you.

Sec. 2 Academy, Courses, Teachers

  1. On happiness.com you can participate in courses provided by external teachers. While happiness.com puts lots of effort into quality control and ensuring that the teachers offer their services for fair prices happiness.com is not responsible for the costs nor the         content of external teachers. However, if you have complaints about a teacher or course, please contact us via the support center.
  2. If you provide services in relevant areas and you would like to have your course added to the happiness academy please contact academy@happiness.com
  3. The specific terms and conditions for the teachers can be found in the teacheragreement.
  4. If you offer services and/ or products outside of happiness.com you can mention them on the platform within your normal interactions. Explicit advertising without relevant context and benefits for the         community is considered spam and not allowed on happiness. There are some channels for advertising which you can find on site or you can contact us via cooperation@happiness.com.
  5. The teachers are able to see the user data of their students when they are enrolled in their course. This means that if you enroll in a course the teacher of the course will have access to your email address and nickname with which you signed up on happiness.com. Therefore they are also able to contact the users outside of happiness.com by using the email address.
  6. Wenn Lehrer, Therapeuten oder andere Dienstleister dich über happiness.com kontaktieren und auf ihre Angebote hinweisen ist es auch hier wichtig immer abzuwägen, ob die geforderte Vergütung angemessen ist und sich entsprechend abzusichern. Für professionelle Anbieter ist dies ohnehin selbstverständlich. Falls dir ein Angebot unseriös erscheint zögere bitte nicht und melde es an support@happiness.com.

Sec. 3 Subject Matter of the Contract

  1. We provide you with the platform to use the services on happiness.com for your own use.
  2. Your registration and basic membership at happiness.com are free. You can also conclude a paid membership to support happines.com and activate further functions. (please also note the cancellation policy).
  3. By registering at happiness.com you already complete the free membership. The free membership is not bound to a term and there are no costs for you when using it.         
  4. The paid memberships are a way to support happiness.com and our mission financially on a monthly basis. With the paid memberships you acquire additional functions.        

Sec. 4 HAPPY Token

  1. We provide a system called the HAPPY Token when you use the platform. Within this system, you can collect HAPPY which you can then use for additional services on our platform. Regardless of how you have earned the HAPPY Token, a cash payout of your points balance is not         possible. You can only use the HAPPY Token on our platform.
  2. Wir stellen dir bei deiner Nutzung der Plattform ein Tokensystem – "HAPPY" bzw. "HAPPY Token" zur Verfügung. Im Rahmen dieses Systems kannst du HAPPY sammeln, die du dann für Zusatzleistungen auf unserer Plattform verwenden kannst. Unabhängig         davon, wie du HAPPY erworben hast, ist eine Barauszahlung deines HAPPY Guthabens ausgeschlossen. Du kannst deine HAPPY Token nur auf         unserer Plattform verwenden.
  3. Bei allen zahlungspflichtigen Mitgliedschaften oder sonstigen entgeltlichen Leistungen im Rahmen des Tokensystems besteht ein Anspruch auf die von der jeweiligen Mitgliedschaft umfasste Leistung         erst und ausschließlich nach erfolgter, endgültiger Bezahlung durch den Nutzer.
  4. You are responsible for all uses of your happiness.com account whether by you or a third party. Your happiness.comaccount logs details of all HAPPY Tokens generated by you and any transfers of HAPPY to or from your account.
  5. Different membership levels may apply to the accounts of different users and, depending on the membership level you hold, your entitlement to access functionality and generate HAPPY may vary.  
  6. Wir stellen dir bei deiner Nutzung der Plattform ein Tokensystem – "HAPPY" bzw. "HAPPY Token" zur Verfügung. Im Rahmen dieses Systems kannst du HAPPY sammeln, die du dann für Zusatzleistungen auf unserer Plattform verwenden kannst. Unabhängig davon, wie du HAPPY erworben hast, ist eine Barauszahlung deines HAPPY Guthabens ausgeschlossen. Du kannst deine HAPPY Token nur auf         unserer Plattform verwenden.
  7. Jedes Mitglied auf happiness.com hat eine eigene HAPPY Wallet, in welcher die eigenen HAPPY Tokens verwaltet werden können. HAPPY kann man derzeit nur verdienen, indem man sich auf happiness.com als aktives Community Mitglied einbringt, und insbesondere Glück kultiviert und verbreitet. Die Ausschüttung von HAPPY erfolgt algorithmisch in einem 24h Rhythmus. Die genaue Liste der vergütbaren Aktionen unterliegt stetiger Anpassung und dem Betriebsgeheimnis der Ideawise Limited.
  8. Bei allen zahlungspflichtigen Mitgliedschaften oder sonstigen entgeltlichen Leistungen im Rahmen des Tokensystems besteht ein Anspruch auf die von der jeweiligen Mitgliedschaft umfasste Leistung         erst und ausschließlich nach erfolgter, endgültiger Bezahlung durch den Nutzer.
  9. You are responsible for all uses of your happiness.com account whether by you or a third party. Your happiness.comaccount logs details of all HAPPY Tokens generated by you and any transfers of HAPPY to or from your account.
  10. Different membership levels may apply to the accounts of different users and, depending on the membership level you hold, your entitlement to access functionality and generate HAPPY may vary.  
  11. HAPPY are units of exchange that users of happiness.com may generate through verified actions within the happiness.com ecosystem. HAPPY may be used to redeem products, services and other benefits to the extent that such products, services and other benefits are offered. They can be used to reward, appreciate and show your gratitude towards other happiness.com users and their contributions.
  12. You acknowledge and agree that HAPPY may not be redeemed for cash from Ideawise Ltd. or any of its affiliates, unless we expressly agree otherwise with you in writing.
  13. All HAPPY are generated by the verified actions and contributions of users within the happiness.com ecosystem. We reserve the right to destroy HAPPY that we have reason to believe have been created by any other means and to suspend or accounts used in contravention of these Terms of Use.
  14. We reserve the right and retain the absolute discretion to determine, and alter from time to time, the eligible forms of actions and contributions, verification algorithms and amounts of verified actions that must be archived by users in order to generate HAPPY. Die genaue Liste der vergütbaren Aktionen unterliegt stetiger Anpassung und dem Betriebsgeheimnis der Ideawise Limited.
  15. We may cap the maximum amount of HAPPY that users may generate each day. The applicable cap may vary depending upon the membership level of the relevant user or other criteria that we chose to apply and we may alter such caps from time to time.

Sec. 5 HAPPY exchange

  1. happiness.com allows users to offer goods, services and other benefits to other users that may be redeemed in exchange for HAPPY. Where you use the happiness.com marketplace to offer or redeem goods, services or other benefits in exchange for HAPPY, any such transaction is entered into directly between you and the legal person making available the relevant goods, services or other benefits to you or redeeming such goods, services or other benefits from you, as applicable. Without limiting the effect of these Terms of Use in any way, transactions taking place on the happiness.com marketplace are subject to the legal terms of the party offering the relevant goods, services or other benefits on the happiness.com marketplace (including as stated in the actual listing), and we and our affiliates are not party to any such transactions save to the extent that we engage in transactions ourselves directly on the happiness.com marketplace.  
  2. You agree that happiness.com has no responsibility for any goods, services or other benefits offered by you or by any third party on thehappiness.com marketplace. You agree that we have no control over and do not guarantee the quality, safety or legality of any goods, services or other benefits offered by users, the truth or accuracy of their offers, the ability of users to provide any goods, services or other benefits offered, or that a user will actually complete or perform a transaction. Save as otherwise expressly agreed with you, we and our affiliates do not act as agent, contractor, partner or any form of representative of you or any other user of the happiness.com marketplace. Our operation of the happiness.com marketplace should not be taken as an endorsement (express or implied) of any goods, services or other benefits offered on it, nor of any user.
  3. happiness.com is entitled to alter the selection of goods services and other benefits on offer, and the number of HAPPY required to redeem any such goods, services or other benefits offered, on the happiness.com marketplace, as well as to limit the number of possible redemptions of any good, service or other benefit by any user or group of users in its absolute discretion. Where we wish to do this, we will notify you first and give you the opportunity to de-list the relevant goods, services or other benefits, if you do not agree with the revised number of HAPPY required.
  4. You represent and warrant to us that any goods, services or other benefits that you offer on the happiness.com marketplace will: (i) conform to the description you provide for them, (ii) comply with all applicable laws and regulations, (iii) be of satisfactory quality, (iv) conform to our acceptable use requirements (stated above), and (v) be delivered in full once a user redeems the relevant goods services or other benefits using the requisite number of HAPPY in accordance with your stated terms and conditions.  
  5. You agree that we may remove any listing or offer on the happiness.com marketplace at any time in our absolute discretion. All goods, services or other benefits listed on the happiness.com marketplace are offered subject to their availability (which may be limited where stated on the listing) and the applicable terms and conditions of the user listing the relevant offer, and may be withdrawn at any time before they are duly redeemed. Particular goods, services or benefits may be offered via the happiness.com marketplace only to specific categories of user or to individually selected users, where we agree in writing or make available the necessary functionality to facilitate this.
  6. You agree that disputes in relation to any goods, services or other benefit redeemed via the happiness.com marketplace shall be resolved in accordance with the terms and conditions applicable to the relevant transaction between the parties to such transaction. While we may elect to help facilitate the resolution of such disputes through programmes that we develop, to the maximum extent permitted by applicable law we accept no liability in connection with any transaction that we have not directly participated in.  
  7. We welcome feedback on happiness.com marketplace participants. In the event that we determine in our absolute discretion that any fraud has occurred or any user has breached these Terms of Use or refused or failed to honour an offer of goods, services or any other benefit it has listed on the happiness.com marketplace that has been duly redeemed by another user using the requisite number of HAPPY and in accordance with any applicable terms and conditions, we reserve the right in our absolute discretion to (i) reallocate HAPPY between users to reimburse any aggrieved user where we deem this appropriate, and (ii) suspend or terminate the use of happiness.com by any user(s).
  8. You agree that we and our affiliates have no responsibility to facilitate or offer returns, exchanges or refunds in connection with transactions on the happiness.com marketplace that we have not participated in.
  9. We make no representation, warranty or undertaking that the offer, sale, purchase, export, import or use of any goods, services or other benefits offered on the happiness.com marketplace is valid and legal under the laws that apply to you. You accept sole responsibility to ensure the legality of any offer, sale, purchase, export, import or use or any goods, services or other benefits that you list or redeem using the happiness.com marketplace.
  10. As a form of marketplace curation Ideawise Ltd. may offer an option for the users to report an offer and reserves a right after a review to delist the offer from thehappiness.com marketplace.

Sec. 6 Registration and Profiles

  1. To register at happiness.com, you must fill in a registration form to         complete the registration. By registering at happiness.com you make an offer to conclude a user contract with us. After your registration, you will receive an email from us confirming the conclusion of the contract. You have no legal claim to the conclusion of a user contract with us. We do not store the text of         the contract.
  2. For your registration at happiness.com, you need an email address to which we will send you a confirmation code. You must enter this code on happiness.com to complete your registration. Without the code, it is not possible to use all functions at happiness.com.
  3. When         you register, you choose your password. The password protects the use of happiness.com by unauthorised persons who could gain access to your profile in your name. You must always keep your password confidential and may not pass it on to third parties. You must also protect your password from access by third parties. We advise you to change your password at regular intervals for your safety.

Sec. 7 Duties of the Members

  1. You are responsible for your activities, information and content on         happiness.com. You undertake to comply with the relevant legal provisions (e.g. the right to your own image, the general right of personality - also in the form of the right to privacy, copyright, trademark and name rights).
  2. You commit yourself when registering and in your profile, to provide correct and complete information and to keep this information up-to-date at all times. You are obliged to inform us immediately of any deletion or change of your email address.
  3. You may only register with one profile at happiness.com. With your registration, you assure that you are not already an existing member of happiness.com.
  4. You commit yourself to keep your happiness.com password secret and to         ensure for your environment that your login data are not accessible to third parties. You must also ensure that your password is not and does not become accessible by chance to other people. We will never ask you for your password. If you suspect or have knowledge that your password has been misused or that a third party has knowledge of your access data and/or abused your account, you are obliged to contact us immediately.
  5. Multiple use of your paid membership (that means: different people use happiness.com using your password) is forbidden.         
  6. The languages of communication on happiness.com are English and German.
  7. You assure us that you have all necessary rights regarding the content you have posted on happiness.com and the content you have uploaded to happiness.com (photos, texts, videos)

- does not infringe the rights of third parties (e.g. personal rights, right to one's own image, copyrights),

- does not interfere with third parties in any other way (e.g. by defamation, insult, slander),

- doesn’t violate any other regulations (e.g. the law against unfair competition, the trademark law, the criminal code, youth protection regulations) and,

- doesn’t violate our own picture rules and these GTC.

If necessary, you will prove your ownership of the content upon our request.

You are obliged to follow a tone on happiness.com that does not violate the rules of conduct.

You further undertake to refrain from doing the following:

- to share any illegal form of advertising communication on happiness.com (e.g. by the distribution of telephone numbers, email addresses, links, SMS numbers or other contact possibilities for commercial contact with other members),

- to send spam,

- to attempt to entice members of happiness.com onto other portals or platforms,

- to capture content or information from members using automated mechanisms (e.g. bots, robots, spiders or scrapers),

- to upload a code that harms us or the platform or restricts its functionality or influences it in any other way,

- to obtain third-party login information or access an account owned by another member,

- to denounce, intimidate or harass other members,

- to publish content that is abhorrent, threatening, or inciting violence or contains violence,

- to use happiness.com to carry out illegal, misleading, malicious or discriminatory acts,

- to perform actions which could block, overload or impair the proper functioning of happiness.com and,

- other misuses of our portal.

Sec. 8 Sanctions for Infringements

  1. Compliance with these GTC - especially the provisions of Sec. 5 with your duties - is of considerable importance for the operability of happiness.com. Therefore, we will impose sanctions according to this GTC against a member, if and as far as there are concrete indications on the part of happiness.com that a member violates         legal regulations, rights of third parties, morality and/or these GTC. In the event of severe personal attacks, insults, defamation and threats, we reserve the right to call in the prosecution authorities.
  2. When choosing the sanction to be imposed, we will include the interests of the member concerned in the decision and will also consider, among other things, whether there has been misconduct through no fault of our own or whether the infringement was culpably committed. The following measures and sanctions are available to us in stages, depending on the seriousness of the misconduct:

- warning of a member (as the mildest means),

- partial and complete deletion of a member's content,

- requesting proof of the authenticity of the respective profile,

- restrictions on the use of happiness.com,

- temporary blocking of a member.

- final blocking of a member and granting of a virtual house ban.

  1. The imposed sanction does not influence the payment obligation of the member regarding the remaining term of the respective membership.        
  2. In the event of a culpable and severe breach of the provisions of Sec. 5 of these GTC, we reserve the right to claim damages in the         respective amount of damage.

Sec. 9 Liability of happiness.com        

  1. We do not guarantee constant accessibility and/or availability of our platform and are not liable for downtimes due to necessary care and         maintenance work or newly emerged errors, as far as these were not foreseeable and can also occur to a conscientious average programmer.
  2. An editorial check of the contents posted by the users is not performed. We, therefore, do not guarantee the accuracy, legality, completeness and usability of the information and content published on happiness.com.
  3. According to legal regulations, we as a service provider are not obliged to monitor the transmitted or stored information of our members or to investigate circumstances that indicate illegal activity. These contents also include links that you set within happiness.com. However, should we become aware of any illegal action by a member or information within happiness.com, we will immediately remove it or         block the respective member's access to happiness.com.
  4. We do not check websites of other providers for their content or their legality and can therefore not exert any influence on their design. We dissociate ourselves from any content displayed there, which may be illegal, and are not responsible for the content of any platform to which links are provided. You use the links to third party websites at your own risk.
  5. We do not assume any warranty for the user experience in connection with the contractually provided offerings of happiness.com, its specific contents and services. We also do not assume any warranty or guarantee that you can establish contacts with others through happiness.com.
  6. We are only liable for damages caused by ourselves, our legal representatives or our vicarious agents intentionally or through gross negligence. Liability for simple negligence is limited to the violation of essential contractual obligations (cardinal         obligations). Our liability in terms of amount is then limited to the typical contractual damage foreseeable at the time of conclusion of the contract.
  7. As far as our liability is limited according to these conditions, this limitation does not apply in case of injury to body, life and health, as well as in case of liability according to the regulations of the German product liability law (ProdHaftG).
  8. The identification of persons on the Internet is only possible to a limited extent. We can therefore not exclude the possibility that incorrect data may be entered when registering at happiness.com. happiness.com, therefore, does not guarantee the real identity of a member. Each member must ascertain the identity of another member for himself.
  9. Generell kann happiness.com keine Verantwortung für die Angebote Dritter übernehmen, dazu zählt auch die Challenge Funktion, die von Clear Health Tech zur Verfügung gestellt wird.

Sec. 10 Term and Termination of the Contract

  1. You can terminate the contract of use for the free membership at any time on the overview page of the memberships on happiness.com with immediate effect. happiness.com is entitled to cancel your free membership at any time with a notice period of 4 weeks.
  2. We will inform you about the duration of the paid memberships when ordering on happiness.com and in your order confirmation. These memberships can also be terminated by you at any time, but only with         effect by the end of the term. If you do not cancel a paid membership within the time frame you have chosen, it will be extended by the period of membership you have chosen. At the end of this period, your will still have a free membership, which in turn         can be cancelled according to the above Sec. 8 No.1. The termination before the end of the remaining term has no influence on your payment obligation.
  3. happiness.com also reserves the right to irrevocably deactivate member accounts with incomplete registration data and member accounts that were   nbsp;      inactive for a period of at least 12 months. In this case the contract continues, but you have the right to cancel the contract at any time. Reactivation of the profile is possible. However, there is no claim to this.

Sec. 11 Revocation Instructions for Paid Memberships

Right of Revocation        

  1. After the purchase, as a consumer, you can cancel the contract within 14         days from the day of the conclusion of the contract, as long as you have not exercised a waiver of revocation, which is a prerequisite for an immediate use of the purchased product.
  2. Your right of revocation is terminated if you have purchased a service after you have given your express consent and at the same time confirmed that you lose your right of revocation with complete fulfilment of the respective service by Ideawise Limited.
  3. If you have purchased content that is not on a physical medium, you will lose your right of withdrawal after you have expressly agreed         that Ideawise Limited will start executing the contract before the expiry of the withdrawal period. You have confirmed by your knowledge that you will lose your right of withdrawal by your consent at the beginning of the execution of the contract.
  4. To exercise your right of revocation, you must contact the company authorised to accept declarations of revocation: SmH Service-center.de GmbH, Postfach 200434; 13514 Berlin; email: smh-team@servicecenter.de by means of a clear declaration (e.g. an email or letter sent by post) about your decision to revoke this contract. To comply with the revocation period, it is sufficient that you send the notice of the exercise of the right of revocation before the expiry of the withdrawal period.
  5. For the exercise of the revocation, you can use the revocation form, which you can find under this link.

Revocation Consequences

  1. If you cancel this contract, we will refund all payments we have received from you at the latest within 14 days from the day we receive notification of your cancellation of this contract.
  2. For this refund we will use the same means of payment as you used for the original transaction unless expressly agreed otherwise with you; in no case will you be charged any fees for this refund.
  3. If you have requested that the services should begin during the cancellation period, you must pay us an appropriate amount. This amount corresponds to the proportion of the services already provided up to the time at which you inform us of the exercise of the right of cancellation about this contract, in comparison to the total scope of the services provided in the contract.

Sec. 12 Privacy Policy

  1. We are aware that our members value and rely on highly sensitive handling of all their personal data being transmitted to happiness.com. We, therefore, observe all relevant legal data protection regulations.
  2. Detailed information on the collection, processing and use of personal data of the member can be found in happiness.com's Privacy Policy.

Sec. 13 Modification of the Platform

  1. We reserve the right to change happiness.com and the functions contained in the online content to improve the user experience on the platform. We will notify you of any changes. For this purpose, we can remove individual functions from happiness.com, add new functions or replace existing functions by others. If these functions are assigned to a paid membership, we will ensure that the functions to be changed are properly balanced.

Sec. 14 Payment Provider / Default of Payment

  1. happiness.com cooperates with external payment providers to process payments for paid memberships. If you make a payment to us, you must agree to the GTC of the respective payment provider. You can do that before payment. If you do not agree to the GTC of the payment providers, we cannot offer you our paid memberships.
  2. You can choose between different payment methods (e.g. by credit card or         electronic direct debit), as well as different tariffs for the memberships.         
  3. The data is transmitted via a secure connection.
  4. In the event of an increase in the statutory value-added tax, we are entitled to adjust our prices accordingly. This also applies if compulsory expenses (e.g. costs for hosting or traffic) should increase for the fulfilment of the contract, without the price increase being based on the reasons attributable to us. in a timely         manner so that you can choose to cancel if necessary. Conversely, we are obliged to pass on a corresponding tax or price reduction to you.
  5. If due to (for lack of cover or for other reasons for which you are responsible) bookings that have not been redeemed or have been cancelled wrongly by you arise costs, you are obliged to accept them. These costs are charged to us by the bank, the credit card company or the payment provider and their amount depends on the method of payment used in each case, as well as the bank or the billing service provider involved.

Sec. 15 Granting of Rights to Content and Rights of Use on the happiness.com Platform

  1. All rights to the happiness.com platform remain the property of happiness.com. happiness.com grants the user a non-exclusive and non-transferable right to use the platform for the duration of this agreement as intended and in accordance with these terms of use.
  2. If the user posts his own copyrighted contents such as news, photos or ratings on the platform, he grants happiness.com the non-exclusive, transferable, sublicensable, royalty-free, temporally and geographically unlimited right to use these contents for providing the respective service on the platform to the extent necessary for this. The right of use granted by the user, therefore, includes the right to technically reproduce the contents (e.g. within the scope of storage), to process them and to make them publicly accessible on the platform. The right of public access ends when the user removes a posted content from the platform.

Sec. 16 Third Party Content

  1. For your convenience happiness.com may include Website(s) links to other sites on the internet that are owned or operated by third parties (“Third Party Websites”). You also agree that happiness.com has no control over the content of Third Party Websites and does not have any responsibility for any material available on such Third-Party Websites nor for any use of or reliance on the contents of such Third Party Websites by you.
  2. happiness.com may include content submitted by other users of happiness.com (“Third Party Content”).  You acknowledge that any use of or reliance on such content by you is entirely at your own risk and we are not responsible for such Third Party Content.  
  3. The fact that we may link to a Third Party Website, or display Third Party Content, does not imply that we endorse the site or the products or services on such Third Party Website or that we have reviewed, approved, or verified the Third Party Content.

Sec. 17 No Medical Advice

happiness.com allows you to track and verify your physical movement, generate Sweatcoins and use Sweatcoins to redeem goods, services and other benefits. THE SERVICES WE PROVIDE DO NOT CONTAIN OR CONSTITUTE, AND SHOULD NOT BE INTERPRETED AS, ANY FORM OF MEDICAL ADVICE OR OPINION. We are not licensed medical professionals, and we are not in the business of providing medical advice. You should always consult a qualified and licensed medical professional prior to beginning or modifying any diet or exercise program. The Sweatcoin App is not a tool for the diagnosis or prevention of disease. We do not endorse any third party products or services listed on the Sweatcoin Marketplace and, where these relate to your health, you should always take appropriate medical advice before using them. YOUR USE OF THE SWEATCOIN MOBILE APP DOES NOT CREATE A DOCTOR-PATIENT RELATIONSHIP BETWEEN YOU AND SWEATCO.

Sec. 18 Severability Clause

  1. Should individual provisions of these terms of use be or become wholly or partially invalid or ineffective, this shall not affect the validity         of the remaining provisions. The provisions of these Terms of Use which are not included or which are invalid shall be replaced by statutory law. If such law is not available in the respective case or would lead to an unacceptable result, the parties will enter into negotiations to make an effective regulation instead of the not included or ineffective regulation, which comes closest to it economically.

Sec. 19 Final Clauses

  1. German law shall apply exclusively. In the case of consumers, this choice         of law applies only insofar as the protection granted is not         withdrawn by mandatory provisions of the law of the country in which         the consumer has his habitual residence.
  2. Please send your happiness.com related requests to our support team:         support@happiness.com