Happily Terms of Use

DateBox Inc. doing business as Happily (“Datebox”, “Happily” “we” or “us”) operates the website located at www.thehappily.co (the “site”). The following terms and conditions (the “Terms of Use”) govern your access to and use of the site.

Please read the Terms of Use carefully before you use the site. By using the site, you agree to these Terms of Use, including our Privacy Policy, found at Privacy Policy without qualification or limitation. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the site.

PRIVACY

Happily, Datebox and our subsidiaries are committed to helping you safeguard your privacy. Please review our Privacy Policy for details about how we collect, use, and disclose your information. By using the site, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

ELECTRONIC COMMUNICATION

By accessing, browsing or using the site, submitting your information through the site, or communicating with us through the site, you consent to receive communications from us by email or site notices. Any communications provided to you electronically satisfy any legal requirement that such communications be in writing. In order to access certain services on the site, you will be required to provide specific information. All information about you must be truthful, and you may not use any aliases or other means to mask your true identity. Any access codes or passwords provided should be safeguarded at all times. You are responsible for the security of your access codes and passwords and will be solely liable for any use or unauthorized use of the site under such access codes or passwords. We may suspend or terminate your access at any time with or without notice. To understand how we use the information collected from you, please read our Privacy Policy. Limitation on Quantities Excluding any content that may be submitted by members from time to time, we strive to ensure that the information on the site is complete and reliable. Certain information may contain pricing errors, typographical errors and other errors or inaccuracies, which we may correct without liability. We also reserve the right to limit quantities purchased by customers or users and to revise, suspend, or terminate an event or promotion at any time without notice (including after an order has been submitted or acknowledged). We do not guarantee that all products described on our site will be available.

USER ACCOUNTS

Happily requires that users create accounts containing usernames, passwords, email addresses and other confidential information. This information may be used exclusively by Datebox Inc. Happily, and any of its partners or subsidiaries in an effort to create, manage and deliver certain products available on the site. By creating an account you acknowledge that all information is true, and that you have not, and will not hold duplicate user accounts. User accounts are limited to one per household. Happily will not be responsible for duplicate charges, or product delivery that comes as a result of households having multiple accounts.

THE SUBSCRIPTION CONTRACT BETWEEN YOU AND US

Happily offers various subscription products: including re-billable monthly Datebox subscriptions (“Monthly Subscriptions”); prepaid three month & six month Datebox subscriptions (; and prepaid gift Datebox subscriptions of one, three, or six months (“Gift Subscriptions”).

AUTOMATIC RENEWAL TERMS

With respect to Happily subscription products subject to automatic renewal, you agree that Happily. may submit periodic charges (e.g., monthly) to your chosen payment method without further authorization from you, until you provide prior notice that you wish to terminate this authorization or to change your payment method. You agree that such notice will not affect charges submitted before we are notified.

MONTHLY SUBSCRIPTIONS

By purchasing a Monthly Subscription, you agree and acknowledge that your subscription has an initial and recurring payment charge at the then-current subscription rate and you accept responsibility for all recurring charges prior to cancellation, including, where applicable, any charges processed by Datebox Inc. after the expiration date of your payment card.

AUTOMATIC MONTHLY RENEWAL TERMS

Your subscription will be automatically renewed for successive monthly periods and your payment method will automatically be charged for each successive monthly period at the then-current subscription rate until you cancel your Monthly Subscription renewal.

CANCELLATION POLICY FOR MONTHLY SUBSCRIPTION RENEWALS

To cancel your Monthly Subscription at any time, you may (i) logon to your account and follow the cancellation procedures there, or (ii) send us a message at support@thehappily.co and we can help you cancel. If you cancel, you may use your subscription until the end of your then-current subscription term.

REFUND POLICY FOR MONTHLY SUBSCRIPTIONS

Upon initial purchase, a monthly subscription may be refunded and cancelled prior to the 1st of the month immediately following the subscribers initial purchase. With respect to monthly subscription renewals, refunds may not be granted once a subscription plan has renewed. All cancellations must take place prior to renewal and all cancellations from then on, will take effect on the subscribers next scheduled renewal.

PREPAID THREE & SIX MONTH SUBSCRIPTIONS

By purchasing a Pre-paid Subscription, you agree and acknowledge that your subscription has an initial pre-payment feature for either three, or six months of service and a recurring Subscription renewal fee at the then-current Subscription rate of your selected plan, and you accept responsibility for all recurring charges prior to cancellation, including where applicable any charges processed by Happily after the expiration date of your payment card.

AUTOMATIC THREE & SIX MONTH SUBSCRIPTION RENEWAL TERMS

At the end of each subscription term, your subscription will be automatically extended for another term and your payment method will automatically be charged the renewal fee at the then-current Subscription rate of your plan, until you cancel your Subscription renewal.

CANCELLATION POLICY FOR THREE & SIX MONTH SUBSCRIPTION RENEWALS

You may only cancel your current Subscription plan during the first month of the subscription. To cancel your three or six month Subscription prior to renewal of your current subscription term you may (i) logon to your account and follow the cancellation procedures there, (ii) send us a message at support@thehappily.co and we will do it for you. To cancel your three or six month subscription renewal during the first month of it’s term, you may send us a message at support@thehappily.co and we will cancel the remaining months of your term for you. Please note that the first month of your renewal will not be eligible for cancellation or refund, and you will still be shipped that month’s product.

REFUND POLICY FOR THREE & SIX MONTH SUBSCRIPTIONS

Three and six month plan renewals cancelled during the first month of it’s term may be refunded for the remaining months of the subscription terms. Refunds will be given on a prorated basis (2 of 3, or 5 of 6 months). Refunds will be based on the full priced subscription, the discounted price will not be honored as a result of the cancellation of the extended, prepaid plan. Users requesting a refund and cancellation during the first month of their term or renewal, may be refunded the amount of their renewal charge, minus the full price of that current month. (eg: $197.76 6 month renewal charge minus $39.95 current full price month equals $157.81 refund.)

REFUND POLICY CLASSES & DIGITAL PRODUCTS

Should you become dissatisfied within the first 14 days after purchase, Happily will refund the full amount of your purchase and subsequently terminate your access. Refunds are not available for customers 14 days after a purchase. Refunds are not available for accounts which have violated the terms of service; violations are determined at Happily’s sole discretion. If Happily determines that you are abusing our refund policy, we reserve the right to suspend or terminate your account and refuse or restrict any and all current or future use of the service without delivering a refund. To request a refund or to ask a question regarding the 14-day money back guarantee email support@thehappily.co.

REFUND POLICY LOVE NOTES

Due to their custom and personalized nature Love Notes are non-refundable. All orders are final and may not be cancelled or refunded, and Happily will not be able to process refunds on this product. If there is a mistake or an issue with your Love Note order, please send us an email at support@thehappily.co

REFUND POLICY OTHER PRODUCTS’

All other products may be returned and refunded at Happily’s sole discretion. If you need to request a refund, or are dissatisfied with your product for any reason, please send us an email at support@thehappily.co We will process a return label and send it to you, and your requested refund will be issued only upon return of an unused, non-damaged product. If Happily determines that you are abusing our refund policy, we reserve the right to suspend, terminate, refuse, or restrict any and all future purchases, and deny refunds for any reason at our sole discretion.

RETURNS, EXCHANGES, & REPLACEMENTS

Returns, exchanges & replacements may be granted at the sole discretion of Happily. If you need assistance, reach out in a reasonable amount of time to [support@thehappily.co](support@thehappily.co) to present your request.

Missing product. Happily will replace product missing from a date. During the normal course of operations, sometimes items are missed. If this happens, reach out to the support email address above and notify our team. Missing prints or booklets will be sent as a PDF via email in an effort to allow you to use your product as soon as possible. Reship requests will be tracked and Happily reserves the right to refuse reships or replacements for any reason at its sole discretion.

Returns & Exchanges. May or may not be granted at the sole discretion of Happily on a case by case basis. Exchanges will not be given for dissatisfaction of the date activity. Happily is not responsible if users are sent duplicate product due to having multiple accounts with Happily. Returning a product to Happily without authorization will not result in a refund or exchange, and you will be responsible for any additional shipping charges that are incurred by Happily as a result.

Refused Shipments. Users agree not to refuse shipments from Happily. Refusing a shipment for any reason will not result in cancellation of an order, nor will it trigger a refund. Happily assumes no responsibility and liability for any refused shipments and additional shipping charges may apply.

FRAUD PROTECTION

As part of our order processing procedures, we may screen received orders for fraud or other types of unauthorized or illegal activity. We reserve the right to refuse to process an order due to suspected fraud or unauthorized or illegal activity. If we suspect fraudulent, unauthorized or illegal activity, we may reject your order or we may contact you at the phone number or email address you provided to confirm your order. We also reserve the right to cancel any accounts or refuse to ship to certain addresses due to suspected fraud or unauthorized or illegal activity. We take these measures to protect our customers as well as ourselves from fraud or other unauthorized or illegal activity.

Images of people, places or products posted on this site are either the property of Happily., or are used by us with express permission. Unless otherwise noted, all content included on this site, including images, illustrations, designs, icons, photographs, video clips and written and other materials is the property of Happily or its partners or affiliates and is protected by United States and international copyright laws. The compilation of this site is the exclusive property of Happily and is protected by United States and international copyright laws. Any unauthorized use of any content or materials on this site is strictly prohibited and may violate copyright and trademark laws, and/or the laws of privacy, publicity, and/or communications regulations and statutes. You may use the materials or content on this site only with our prior written and express authorization. To inquire about obtaining authorization to use the materials or content on this site, please contact us. Limited License to Use site You are granted a limited license to use the site for personal use only. Such grant does not permit you to do any of the following: (1) use the site or its contents for any commercial purpose; (2) modify, adapt, translate, reverse engineer, decompile, disassemble or convert into human readable form any of the contents of this site not intended to be so read; (3) copy, imitate, mirror, reproduce, distribute, publish, download, display, perform, post or transmit any of the contents of this site in any form or by any means; or (4) use any data mining, bots, spiders, automated tools or similar data gathering and extraction methods on the contents of the site or to collect any information from the site or any other user of the site. Notwithstanding any of these Terms of Use, we reserve the right, without notice or attendant liability, and in our sole discretion, to terminate your license to use this site, and to block or prevent future access to and use of this site for any reason or no reason. Upon termination, these Terms of Use will still apply.

USER GENERATED CONTENT

We love your User Generated Content and know others will benefit from seeing it on our websites, social media channels, retailers’ websites and other forms of media. As you consider allowing Datebox Inc, DBA, The Happily Co, it’s subsidiaries and affiliates to use your User Generated Content, we want to make sure you know exactly how we intend to use it. “User Generated Content” refers to your comments, tweets, posts, photos, pictures, images, videos, materials or other user-generated content or information.

By sending us your photos, or posting them to social media using the hashtags #thehappilyco #datebox #getdatebox, #happilychristmas or #dateboxchristmas you give us your permission, and are affirming that you alone created or own the User Generated Content and no one else has any rights to it or could claim they own it or that it infringes on rights of others. Likewise, if there are people in the User Generated Content other than yourself, you are also affirming they are over 18 and they know you are giving us permission to use the User Generated Content, and have consented to it being used pursuant to this license.

You will continue to own the User Generated Content. You are giving The Happily Co and its affiliates a non-exclusive license to use the User Generated Content which can’t be revoked by you except where permitted by law. The Happily Co and its affiliates will have the right to reproduce the User Generated Content in any form (including, but not limited to, video, internet posting, reproduction, display, email, publication, and distribution), either through our own services or services provided by third parties, throughout the world in perpetuity in any medium now known or later developed and without restriction or limitation. Also, if you posted your User Generated Content with your real name, username, caption, location information or other identifying information, you agree we can use that information with your User Generated Content. The User Generated Content and other information may be used for advertising and promotional purposes and The Happily Co may use the User Generated Content either alone or in conjunction with sketches, cartoons, captions, films, art work, textural matter, materials written by us or others, or other photographs. You understand that you won’t have the right to approve how we use your User Generated Content. While The Happily Co will make commercially reasonable efforts to give you credit for your User Generated Content if The Happily Co uses it, you agree that such credit is not mandatory and your permission for us to use your User Generated Content is not contingent upon such credit being given or any fees being paid to you.

You also understand that by granting us permission to use your User Generated Content, you are at least 18 years of age, and release The Happily Co and its affiliates, their employees and officers, and any third party services that use your User Generated Content from any and all claims, actions or proceedings of any kind, and from any and all damages, losses, costs and expenses, including reasonable attorney’s fees and expenses relating to or arising out of the use of your User Generated Content as contemplated by this license.

If you don’t agree to these terms, we completely understand and no further action is required. We are thrilled to see The Happily Co, and our products as a part of your page and look forward to seeing any new photos you post as well.

Thanks again and please contact us at support@thehappily.co if you have any questions.

GIFT SUBSCRIPTIONS

For Gift Subscriptions, the subscription will not be renewed after the then-current term expires. You cannot cancel a Gift Subscription and the pre-paid fee is non-refundable. We reserve the right to revoke your subscription at any time as a result of a violation of these Terms or the Privacy Policy. Happily gifts are redeemable by recipients in the 50 united states only. Gifts purchased for non-residents will not be refunded or cancelled. Gift subscriptions cannot be returned or exchanged and there will be no refunds or credits for any unused portion of a gift subscription. Happily is not responsible for lost or stolen gift vouchers. Gift subscriptions are valid for redemption for up to 12 months from activation. Happily assumes no responsibility for incidents concerning injury, health risks, and or other damages from the use of Happily or our gifting service. Gift subscriptions hold no monetary value and may not be redeemed for any cash value or cash value equivalent. By using Happily, you agree to ongoing communication from Happily and Datebox Inc.

Happily expects all users to respect the intellectual property rights of others. If you believe a work protected by a U.S. copyright that you or another owns has been posted on this site without authorization, you may notify us with the following information:

• a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;

• identification of works or materials being infringed;

• identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that we are capable of finding and verifying its existence;

• your contact information, including address, telephone number and, if available, e-mail address;

• a statement that you have a valid belief that the material is not authorized by the copyright owner, its agent, or the law; and

• a statement made under penalty of perjury that the information provided is accurate and you are authorized to make the complaint on behalf of the copyright owner.

CHANGES TO THE WEBSITE; DISCLOSURE

We further reserve the right to remove, delete, redact or otherwise modify content on the site, in our sole discretion, at any time and from time to time, without notice or further obligation to you. Any of the material on the site may be out of date at any given time, and we are under no obligation to update such material. Subject to the Privacy Policy referenced above, we reserve the right to disclose, at any time and from time to time, any information or content that we deem necessary or appropriate, including without limitation to satisfy any applicable, law, regulation, contractual obligation, legal, dispute process, or governmental request. Linking to the site You may link to our site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express consent. Links to Other Websites If the site contains links to other websites and resources provided by third parties, these links are provided for your convenience only. We have no control over the content of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

DISCLAIMER

You understand that we cannot and do not guarantee or warrant that files available for downloading from the Internet or the site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. YOUR USE OF THE SITE, ITS CONTENT OR ITEMS OBTAINED THROUGH THE site IS AT YOUR OWN RISK. THE SITE, ITS CONTENT OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. DATEBOX INC. HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. Limitation of Liability. IN NO EVENT WILL DATEBOX INC, HAPPILY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER WEBsiteS OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR SUCH OTHER WEBsiteS, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless Datebox Inc, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to (1) your use of the site, including the use of its content, or (2) your violation of these Terms of Use, our Privacy Policy, any other terms or rules applicable to the site, any rights of any other person or entity, or any applicable laws, rules or regulations.

GOVERNING LAW

All matters relating to the site and these Terms of Use and any dispute or claim arising therefrom or related thereto shall be governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule. Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the site shall be instituted exclusively in the federal or state courts in and for the state of Delaware , although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. Changes to Terms of Use From time to time we may revise these Terms of Use to reflect changes in the site or to ensure that they comply with applicable law. Consequently, we reserve the right to update and revise these Terms of Use at any time in our sole discretion. Your continued use of our site means that you accept and agree to these Terms of Use as amended or revised by us from time to time, and you should therefore review these Terms of Use regularly to ensure that you are aware of its terms. You will know if these Terms of Use have been revised since your prior visit to the site by referring to the "Effective Date of Current Policy" at the bottom of this page. International Use

We control and operate the site from the United States. We make no representation that materials on the site are appropriate or available for use outside the United States. If you choose to access this site from outside the United States, you do so at your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Risk of Loss

Any merchandise purchased from our site will be shipped by a third party carrier. As a result, title and risk of loss for such merchandise will pass to you upon our delivery to the carrier. Waiver and Severability No waiver by Datebox Inc. of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Datebox Inc. to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

ENTIRE AGREEMENT

These Terms of Use and the Privacy Policy constitute the sole and entire agreement between you and Datebox Inc, Happily, and its subsidiaries with respect to the site and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the site. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Any rights not expressly granted herein are reserved.

Due to the recent COVID-19 pandemic, once a product ships we will be unable to accept returns until further notice. We apologize for any inconvenience this may cause.
Effective Date of Current Policy: April 24th, 2020