Terms and conditions
Introduction and definitions
These Terms and Conditions set out the User’s rights and obligations, and those of F0rmula! who owns and operates HappyBridge("we" or "us"), in relation to www.happybridge.eu ("Website"), any HappyBridge application that you access ("App") and any goods or services available through the Website, the App or us (the “Services”). When we refer to "HappyBridge" in these Terms and Conditions, we mean us, the Site, the App and/or the Services, according to the context.
By registering with HappyBridge, you accept that you are entering into a contract with F0rmula! under these Terms and Conditions. People who register for HappyBridge get automatically an "Account", and become "Users". The “Relative” is the person with whom the Users primarily would like to get in contact with by using the Services. You should be aware that these Terms and Conditions may change over time as explained further down this document.
The goal of HappyBridge
HappyBridge provides users the ability to share, together with friends and family, in an easy, fun and quick way beautiful moments and stories with Relatives who have no access to the web or any other form of digital communication. On a regular basis these stories will be automatically translated into a personalised family diary. The family can opt to have this diary printed and delivered to the residence of the Relative in question. With this Service HappyBridge aims to help elderly Relatives, who feel ever more isolated by the digitalization of society, to feel connected with their families and stimulating them cognitively. The Service is intended and designed for a strict personal and non-commercial communication between the User and the Relative. Any other use of HappyBridge is not allowed and will be seen as a violation of the Terms and Conditions with all consequences attached to it.
Obtaining and setting up an account
By registering to HappyBridge, we’ll create automatically an account for the User. As this is a personal account, the User must ensure that the information required by HappyBridge to set up the account and provided by the User, is accurate and current. The User should keep this information updated through the section “My profile”. The same person may not register more than one Account, nor impersonate another person, nor may a corporation create an account. We reserve the right to suspend or terminate any Account which we reasonably suspect of infringing these requirements.
It’s vital that the User ensures that the email address HappyBridge holds is kept up-to-date and that the User has full access to it. If the User changes email address, the User should change “My profile” as well. Should the User provide an invalid email address or an email address that belongs to someone else, HappyBridge may terminate the Account at any time without notice.
Users under the age of 13 are not allowed without the strict consent and active guidance of parents or official guardians. Please note that we are entitled to treat anything done through a User's Account as having been done by the User; it is up to the User to maintain the security of his/her Account.
Establishing contact with Relatives
HappyBridge allows the User to search for a specific Relative. Once found, the User will be required to correctly answer the security before the Relative will be placed on the User’s contact list. By no means may the User make the answer to the security question or any of the details of the Relative publicly available. The User is only allowed to establish contact with a Relative if the former and the latter have a personal relationship, or after explicit consent of the Relative or the family of the latter. HappyBridge reserves the right to break the contact, suspend or terminate the Account of the User when we reasonably suspect an infringement of these conditions.
If the Relative can’t be found because the latter hasn’t been introduced yet to HappyBridge, the User can create a Relative account for this person. It’s required that the User receives explicit consent from the Relative regarding the introduction to HappyBridge and the use of his/her personal information before the Relative account is created. It’s required that the User receives explicit consent from the Relative regarding the introduction to HappyBridge and the use of his/her personal information before the Relative account is created. We reserve the right to suspend or terminate any User- and Relative Account when we reasonably suspect infringements of these requirements. The User who creates a Relative account is responsible for keeping it up to date via the “My (grand)parents connections”.
The User who creates a Relative account is responsible for keeping it up to date via the “My (grand)parents connections”. Users are encouraged to check the connections now and then and report any anomalies to HappyBridge via the helpdesk. HappyBridge cannot be held responsible for problems or damages caused to Users, Relatives or third parties as a result of unauthorised connections.
HappyBridge wishes to encourage as many family members of a Relative to participate, as this will add more fun and enrich the experience for everyone. In order to facilitate this, HappyBridge allows Users to invite other family members and friends who have a personal relationship with the Relative in question. By inviting a person, the User permits HappyBridge to contact the invitee via email, use some personal information of the User and Relative to convince the invitee, and immediately connect the invitee with the Relative at the moment of registration. The given email address will only be used for internal purposes and not shared with any third parties. If a wrong person would be invited, the User can contact the helpdesk to prevent the invitee of receiving direct access to the Relative. Users can only invite people with whom the Relative has a relation with. HappyBridge cannot be held responsible for incorrect or malicious use of the invite system.
Once the User has at least one valid Relative as a contact, stories can easily be send. A story is defined as the combination of an image and a text, although the text can be left blank if the User so desires. The intent is that personal messages are send to Relatives and their family which are fitting, meaningful and must always comply with our User Content Rules as described later. Any other use, such as inappropriate or offending images/texts, or automated messages from 3rd^ parties, is prohibited and strongly acted upon once discovered. HappyBridge reserves the right to limit the amount of stories one User can send per time period, as well as remove stories based on User complaints. The story will by default be send to all the Relatives in the contact list of the User, although the latter can easily select a specific Relative or combination of Relatives. The User will have the option to share the story as well with the connected Users of the selected Relatives. The story can be changed and deleted at any time by the User.
By sending a story the User acknowledges that the content can be shared with the identified recipients, agrees and is compliant with our policy regarding saving User Stories and the User Content Rules as described in the next section. By the act of sending a story, the User expressly gives HappyBridge the right to place a copy of the story on its servers and, notwithstanding the User is still the owner, allows to modify, change and delete the content without prior consent.
HappyBridge will store Users shared stories for a maximum duration of twelve months, unless defined differently in separate Product Service Agreements, after which the content can be removed without prior notice. The User can at every moment during this time change and delete these stories via the “My stories” section. We reserve the right to make changes to Images which are intended to improve their storability, including:
Size reduction and downscaling; and
However, please take into account that HappyBridge provides Story Storage at no cost principally in order to facilitate Users sharing beautiful stories and moments with Relatives and other family members. Accordingly, we do not intend or invite Users to store their Stories other than for those purposes We do not currently apply a fixed limit to the volume of Stories which may be uploaded provided you comply with our reasonable fair use requirements. Those fair use requirements would be breached by, for example:
The automated or scripted uploading of Stories or other User Content;
The uploading of Stories or other User Content on a high-frequency basis; or
The inclusion of very large volumes of Stories or other User Content.
Should the User breach our fair use requirements, HappyBridge may suspend the User’s Account, cease to provide Story Storage and/or delete User Stories and other User Content from our systems.
HappyBridge strives to retain Images that are of sufficient quality for sharing purposes, but some loss and modification of detail may be apparent under close examination. HappyBridge uses reasonable commercial endeavours in our provision of Story Storage, but does not provide any guarantees as to the availability, speed of access to or reliability of the storage we provide. Our policies concerning the storage of stories and User Content may change from time to time. We have rules about User Content, and these apply to the content of stories. If the User breaches our Content Rules, we may – amongst other things – terminate the User’s Account. If the User breaches our Content Rules, we may – amongst other things – terminate the User’s Account.
Images and other User materials uploaded or posted by a User on, through or in connection with HappyBridge are treated as "User Content" for the purposes of these Terms and Conditions. Users must have the right to deal with their User Content in the manner provided by our Services. You must not upload User Content, or otherwise deal with User Content through HappyBridge, if you do not have the right to do so. Each User shall ensure that his/her User Content does not:
Infringe anyone’s copyright; in particular, you must ensure that you either own the copyright in an Image that you share via HappyBridge or that you are fully licensed by the copyright owner to upload the Image and to make any subsequent use of it;
Infringe any other rights, such as a trade mark, of any person or entity or a duty owed to any person or entity, such as a duty of confidentiality;
Contravene any applicable law (including, without limitation, any criminal law) or regulation;
Include anything that is false, inaccurate, misleading, offensive, abusive, threatening or defamatory, or that might cause needless annoyance, inconvenience or distress to any person;
Contain any computer virus, macro virus, Trojan horse, worm, or anything else designed to interfere with, interrupt, or disrupt the normal operating procedures of a computer or to surreptitiously intercept, access without authority, or expropriate any system, data or personal information;
Misrepresent the User's identity in any way or impersonate any person;
Include any material containing personally identifying information about another person, such as their real name, address, phone number, or email address, except with the written approval of that person;
Contain material which is pornographic, obscene, indecent or offensive, which promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, or that may incite hatred or violence against any person or group;
Harass, upset, embarrass, alarm or annoy any person;
Give the impression that it emanates from us, if this is not the case; and
Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
The above are our Content Rules.
Although we prohibit the uploading of Images and other User Content which infringes our Content Rules, we cannot control and do not monitor or pre-screen the use of our Site and App. It is possible that Images or other User Content may be accessible through our Site and App which contravenes our Content Rules. We are not responsible for such Images or User Content, but if you become aware of any such Images or User Content on our Site or App please contact the helpdesk.
We may without notice delete any Image or other User Content which appears to breach our Content Rules.
Users will be able to see stories that have been shared by other family members with a common Relative contact. These stories will remain visible until the owner has either removed them, a complaint was filed against the image via the helpdesk or the period of storage has come to an end. These stories will remain visible until the owner has either removed them, a complaint was filed against the image via the helpdesk or the period of storage has come to an end.
Social media integration
HappyBridge allows Users to connect to their Facebook and Instagram account. The reason for this integration is twofold:
It provides an easy and quick way to log into HappyBridge, and the User profile is prefilled; and
Provides social content which can be used to create beautiful personal stories to share in a private non-commercial way.
By activating the social media integration, HappyBridge will allow the user to access the image galleries and will suggest stories to share. HappyBridge will make these suggestions based on the User’s Facebook and Instagram posts, which the User in turn can approve for sharing or disregard. As long as the User doesn’t approve the specific story, it won’t be shared with anyone. The User can opt for the auto pilot feature, which will grant HappyBridge the right to immediately share specific stories from Facebook and Instagram without having to go through the User approval cycle. The User will always be able to view the shared messages, and still decide to change or delete the message entirely.
As with the sharing of any other story, the Terms and Condition apply regarding the User Stories and User Content as described earlier. The integration with social media can only be used, as is for all of HappyBridge Services, for the strictly personal and non-commercial purpose of sharing stories with Relatives and other family members.
The social media integration is one way, meaning HappyBridge will and can never post or undertake any action in name of the User on the User’s Facebook or Instagram account.
HappyBridge will create the family diaries at regular intervals. If the User wants to ensure that certain Stories get incorporated in the next diary, the User will have to submit these before the submission deadline which is clearly indicated in the service. Submission deadlines can differ between different Relative contacts. The maximum time interval between two subsequent Relative submission deadlines is one month, with a minimum of one week. The default of the service is the maximum time interval. Depending on the type of active service for the Relative, the User can change the time interval from the maximum to bimonthly or weekly. HappyBridge reserves the right to change the deadlines at any time without notice. The timing of the delivery of the family diary will be subject to the type of service that is active at that moment for the Relative in question, and are further specified in the Product Service Agreement. The User will be presented the appropriate Product Service Agreement based on the choice made regarding the type of service for the Relative.
The User authorises HappyBridge to make use of notifications to inform the User of certain events. The list below is a non-binding and non-exhaustive list of different types of notifications:
A new entry in the Family Feed;
A new suggested story based on social media postings ready for User’s review;
Stimulating the User to submit stories before the deadline; and
Reminder of the birthday of a Relative.
The User has the right to terminate his/her participation to the service and his/her Account at any given time without notice, nor justification and free of charge. Any pre-paid services acquired by the User will not be refunded, not in total nor in part, in case the User elects freely to terminate the corporation with HappyBridge. The remaining balance will still be available to all other Users in contact with the Relative for whom the User acquired the services. The User can terminate his/her account by sending an email to the helpdesk. HappyBridge will then remove the Account and all content related to the latter as soon as possible. The User can manually delete all shared content and most of his/her contact details.
The termination of the service for a Relative can only be initiated by the Administrator of the Relative Account, being either the User who created the Relative Account or the Elderly Home where the Relative is resident with whom HappyBridge has a partnership with. Any other User can request the termination via the helpdesk, which will investigate the matter.
HappyBridge reserves the right to terminate a User’s Account without notice when it hasn’t been used for more than 12 consecutive months to share stories with Relatives and/or other family members. This entails the removal of the User’s Account from HappyBridge systems and all relating content. The User forgoes his/her possible claims on any compensation for damages occurred caused by the termination.
HappyBridge reserves the right to terminate a User’s Account without any motivation with a minimal notice period of one month. This notice period can’t be shorter than the normal time required for the User to consume the remaining pre-paid credits. In the case of pre-paid credits on the User’s Account, HappyBridge has the right to set the notice period to one month if the remaining balance is refunded to the User. If the User has no pre-paid credits, the notice period will be set on one month. The notice is given by normal email to the email address attached to the User’s profile. The notice period will start to run on the date the notice email was sent. The User forgoes his/her possible claims on any compensation for damages occurred, caused by the termination.
A termination of a User’s Account entails the removal of all personal information and shared content by the User. A termination of a Relative Account entails the removal of all personal information and the connections established with Users.
The User can register a personal Account, get access to web- and mobile application and use the basic User Services in accordance with the Terms and Conditions for free. HappyBridge reserves the right to alter the User’s experience and provides access to additional features to the User depending on the type of service activated for the Relative Account with whom the User is in contact with. These changes and additional features are captured in the relevant separate Product Service Agreement which the User will be asked to review and agree with when establishing the connection with the Relative or when the User changes the type of service for a specific Relative Account.
The Account type for the Relative can be managed by all the Users who have a valid connection with the specific Relative. The different types of Relative Accounts that are available for the specific Relative will be visible for the User when establishing the connection with the Relative and in the E-commerce module. HappyBridge reserves the right to limit the types of Relative Accounts available for specific Relatives based on objective criteria. If no type of Relative Account has been selected by all the Users in contact with a specific Relative, or the selected type has expired, the default type will be the free Relative Account for which the User acknowledges his/her acceptance of the conditions, as captured in the Free Product Service Agreement, by accepting these Terms and Conditions.
When a User chooses to activate an Account type for the Relative that differs from the Account type described in the Free Product Service Agreement, the Relative Account will be automatically and immediately changed to the selected type for all Users who are in contact with that specific Relative. This means that any additional features or changes to the User’s experience which are part of the selected Account type, as described in the appropriate Product Service Agreement, will be available and applied to all Users who are in contact with the Relative for whom the specific Relative Account type has been activated.
A User can at any time file a complaint against a fellow User for not keeping to these Terms and Conditions, or report a User action which undermine the purpose of the service by sending an email to the helpdesk. HappyBridge will due diligently investigate the complaint and take appropriate actions. HappyBridge reserves the right to block, suspend or terminate any User Account for which the complaints is deemed as proven. Before this time, HappyBridge can take protective measures towards other Users and Relatives by temporarily blocking or suspending the User in question until a conclusion is made on the correctness of the complaint. HappyBridge reserves the right to block, suspend or terminate the Account of any User who has maliciously reported a false complaint or report against any other User. HappyBridge can never be held responsible for any damages caused to Users, Relatives or any third party, by blocking, suspending or terminating a User Account based on a complaint or report made by a fellow User or Relative, even if it is proven later that the complaint was false or incorrect.
The User will not be entitled for any Refund of any kind except in the following two circumstances: When HappyBridge elects to terminate the User Account without his/her consent, either HappyBridge will need to provide a reasonable notice period in order that the User can make use of the remaining balance of credits in the case of a pre-paid type of Relative Account, or Refund the remaining balance of credits at the moment of termination to the User. HappyBridge reserves the right to choose which option will be used in the case of the termination of the User Account. The second case will be when an incorrect amount was charged to the account of the User. The second case will be when an incorrect amount was charged to the account of the User.
Warranty and liability
In no event shall HappyBridge be liable for any indirect, special, incidental, consequential or punitive damages (including but not limited to loss of use, loss of time, or loss of data) whether in an action in contract, tort (including but not limited to negligence), equity or otherwise, arising out of or in any way connected with the use of or inability to use these Services or the materials therein or resulting from unauthorized access to or alteration of data.
The User understand and agrees that the Services are provided "as is" and HappyBridge expressly disclaim all warranties of any kind, beyond the Refund, express or implied, including without limitation any warranty of merchantability, fitness for a particular purpose, non-infringement or bailment of the User’s data on HappyBridge servers. HappyBridge makes no warranty or representation, other than the Refund, regarding the results that may be obtained from the use of the Services, the security of the Services, or that the Services will meet any user's requirements beyond the Refund. Use of the Service is at the User’s sole risk. The User will be solely responsible for any damage to the User, Relative or any other third party resulting from the use of the Services. The entire risk arising out of use, security or performance of the Services remains with the User.
For the avoidance of doubt, HappyBridge will not have liability to the User or any other person in respect of User Content. We will not be liable for any failure to perform our obligations under these Terms and Conditions caused by matters beyond our reasonable control. The provisions of this shall survive the termination or expiry of these Terms and Conditions.
We may modify our services at anytime, for any reason, and without notice. We reserve the right to modify these Terms of Service at any time without notice. Please review these Terms of Service on occasion as they may change in the future.
Please review these Terms of Service on occasion as they may change in the future. HappyBridge claims no intellectual property rights over the material provided by the User to the Services. The User acknowledges that he/she will not copy, reproduce, alter, modify, or create any derivative works from HappyBridge.
If any part of these Terms and Conditions is held to be invalid or unenforceable, the remainder shall remain valid and enforceable. Our failure to act with respect to a breach of these Terms and Conditions by the User or others does not waive our right to act with respect to subsequent or similar breaches.
These Terms and Conditions and the Services shall be governed by Belgian law. The User and HappyBridge each submit to the non-exclusive jurisdiction of the Belgian courts in relation to disputes arising in connection with these Terms and Conditions and the Services.
The service may contain and make use of registered and protected brand names.