Terms of service

Last revised: November 3, 2023

Effective date: November 3, 2023

Welcome to Hapsah – the site that lets you write apps in your own words. Hapsah is both a visual programming tool and a cloud platform. You use the programming tool to build your applications, while they are hosted and run on the cloud platform. The application editor is accessed through your browser. There is nothing to download, and you can access your application from any device. Once an application is built on the Hapsah platform, there is no need to deploy the application to a cloud solution. As soon as an application is built on Hapsah, it is hosted on Hapsah’s cloud infrastructure. If you want to know more about what Hapsah is and isn’t, please visit https://www.hapsah.org.

Our “Terms and Conditions” are below. So that you don’t just have to hold your nose and click “I agree” or wade through a sea of legalese, we created short summaries of what each major section says. Of course, our lawyer insisted that these summaries must be “clearly and conspicuously identified” as “not legally effective,” so you can easily distinguish them below – they are in italics and do not have any numbering.

1. INTRODUCTION

These “Terms” are a legal contract between you and Fairtual B.V. You must be able to enter into contract to use our “Platform”. This includes the age requirement that you must be at least 18 years old, or 13 and have the consent of your parent or guardian, to use it. These Terms include our Privacy Policy. We may change these Terms on occasion, and your continued use of the Platform means you accept the revised Terms. The Terms don’t apply to sites and services operated by other companies you may access through the Platform. Any legal claim involving these Terms, the site, or the services will be settled by arbitration, not through a trial in front of a judge or jury, or through a class action lawsuit.

a. These Terms and Conditions (the “Terms”) are a legal agreement between you (“Licensee” or “you” and its derivatives) and Fairtual B.V. (“Fairtual” or “we” and its derivatives). These Terms govern your use of Hapsah’s website at https://hapsah.org, (the “Site”) and your access to and use of our drag-and-drop application building, hosting, and management platform (the “Platform”). Except where specifically noted below, all references to the Platform include the Site as well. Fairtual’s Privacy Policy is incorporated by reference into these Terms and details how we collect, use, and protect information about individuals.

b. TO USE THE PLATFORM, YOU MUST BE 18 OR OLDER (or the age of majority in the jurisdiction from which you are accessing the Platform), OR BE 13 OR OLDER AND HAVE YOUR PARENT OR GUARDIAN’S CONSENT. If you are a parent or guardian agreeing to these Terms for your child, you are legally responsible for his or her use of the Platform. The Platform is not intended for anyone under 13 and individuals under 13 may not use the Platform.

c. By accessing or using the Platform, you represent and warrant that you have the legal right to do so, meet the age requirements in Section 1(b), and have the power to enter into a binding contract with us – either for yourself or on behalf of the entity on whose behalf you are using the Platform. YOU ARE REQUIRED TO AFFIRMATIVELY ACCEPT THESE TERMS WHEN INITIALLY SIGNING UP TO ACCESS THE PLATFORM.

d. These Terms do not apply to any third party websites, services and applications (“Third Party Services”) that you may access through the Platform, such as payment processors or messaging applications. We are not responsible for the content or practices of Third Party Services and provide links to Third Party Services only for the convenience of our users. We encourage you to carefully review the terms of service of any Third Party Service you access through the Platform.

e. We may change these Terms at any time. When we do so, we will make a new copy of the Terms available on this page and will also inform you through the administration panel of the Platform, as applicable. Any changes to the Terms will be effective immediately for new users and five (5) days after notice of such changes is posted on the Site for existing users.

f. You may contact us using the contact form on https://hapsah.org/contact or write us at Fairtual B.V., Schonenbergsingel 10, 6881 NP, Velp, the Netherlands with any questions you have about these Terms, the Platform, or our other services.

2. PLATFORM LICENSE

You can use the Platform to build and host an application or site that you make available to others (a “Hapsah Site”). Any other use of the Platform, or attempt to copy or damage the Platform, is prohibited, and we may suspend or terminate your account in such event. You may pay an additional fee to access additional features that expand the functionality of the Platform or Hapsah Sites.

a. License. Subject to these Terms, Fairtual grants you a non-exclusive, non-transferable, non-sublicensable, limited and revocable license to: (i) access and use the functionality of the Platform to build, host and manage websites and other Internet-based services (collectively, a “Hapsah Site”) that may be made available to members of the general public (each such individual accessing a Hapsah Site, an “End User”). The license granted in this Section 2(a) includes the right to access, use, and make a reasonable number of copies of any written descriptions of the functionality, technical requirements, or use of the Platform (collectively, “Documentation”), and (b) use any changes to the Platform made available to all Hapsah users at no additional cost (each, an “Update”) when each Update is made available. Updates are applied automatically to the Platform. Documentation is available at https://hapsah.org/tutorials.

b. Restrictions. Except as explicitly permitted in these Terms, you may not, directly or indirectly: (i) modify or create derivative works of the Platform; (ii) decompile, reverse engineer, or translate any portion of the Platform into human-readable form (except to the extent expressly allowed by applicable law); (iii) rent, lease, share, distribute, or sell the Platform to any third party, including on a service bureau or similar basis; (iv) remove, alter or deface proprietary notices or marks in the Platform or Documentation; (v) disclose the results of testing or benchmarking of the Platform; (vi) circumvent or disable the Platform’s security, copyright protection, or license management mechanisms, (vii) interfere with the Platform’s operation; (viii) use the Platform to violate the law or the rights of any third party; or (ix) attempt to do any of the foregoing. Hapsah may take any actions it deems reasonable, including denying access to Users, suspending a Hapsah Site, or terminating your Subscription (as defined in Section 9(a)) for any breach of this Section 2(b).

3. USE OF THE PLATFORM

You must create an account to access the Platform’s application creation features. You are responsible for keeping your account credentials secure, for all acts that occur under your account, and for the acts of anyone who accesses the Platform on your behalf. You may use the Platform to create applications for your customers. You can’t use the Platform for illegal purposes, to post pornography or hateful content, harass others, or do anything else your mother would not approve of.

a. Accounts.

i. To access the Platform’s app creation and management tools you must create an account (an “Account”). Every individual with such access is a “Direct User” (as opposed to End Users, who are visitors to Hapsah Sites) and, unless the circumstance clearly indicates otherwise, all references to “you” in this Agreement apply to Direct Users. When you create or update an Account, you must provide information that lets us contact you and (if you are signing up for a paid Subscription or access to the Hapsah Marketplace as described in Section 6) process payments through our third party payment processor. All personal information that we collect in relation to your Account is subject to our Privacy Policy; information collected by the payment processor is subject to their equivalent policy. You agree to keep all Account information accurate, current and complete for so long as you are using the Platform.

ii. If you design, operate, or maintain Hapsah Sites for third parties on a commercial basis, you may create an Account under our Agency Subscription Plan, (an “Agency Account”), When operating an Agency Account, (1) you may not use it to create your own Hapsah Sites; (2) the restriction set forth in Section 2(b)(iii) does not apply to work you perform for your customers, and (3) once you create a Hapsah Site, your customer must establish their own Account with us at the proper Subscription level prior to making it available to End Users.

b. Security. Each Direct User must establish login credentials to access the Platform and is responsible for maintaining the confidentiality of such credentials. You must immediately inform Fairtual of any suspected unauthorized use of the Platform. Fairtual cannot and will not be liable for any loss or damage arising from a failure to safeguard Account credentials or unauthorized use of such credentials.

c. Acceptable Use. In addition to the restrictions set forth in Section 2(b), you and your Direct Users may not use the Platform in any way that does not comply with Fairtual’s Acceptable Use Policy.

4. FAIRTUAL OBLIGATIONS

We strive to keep the Platform available 24/7/365 but may suspend access for maintenance or to protect it from attacks or other threats. We protect the Platform with robust physical, network, and data security measures. Online support for the Platform is available via info@hapsah.org.

a. Availability. Fairtual will use commercially reasonable efforts to make the Platform available at all times, except for scheduled downtime and any unavailability caused by events beyond our reasonable control, such as fires, natural disasters, government actions, civil unrest, Internet service provider failures or delays, or denial of service attacks that would not be stopped by the use of standard security measures.

b. Security. Fairtual will employ industry-standard technical, logical, and physical security measures and practices for the Platform and any Hapsah systems on which Direct User Content (as defined in Section 5(a)) is stored or processed designed to preserve the security and integrity of, and prevent unauthorized access to, the Platform, Hapsah Sites, and Direct User Content.

c. Support. Fairtual will provide all Updates to the Platform and any Add-Ons applicable to your Account as and when they become available. Online documentation, community forums, manuals, and interactive training materials are available at all times at https://hapsah.org/tutorials. In addition, Direct Users with paid Subscriptions have access to email support at info@hapsah.org. Before emailing support, we strongly recommend you check the various help and support pages at https://hapsah.org, as many questions received by our support team are addressed there. Support personnel respond to all emails during normal business hours (Weekdays from 9AM-5PM CET), provided that requests received from Dedicated Users as well as “Team” and “Production” Subscription Direct Users take priority over other requests.

5. HAPSAH SITES AND DIRECT USER CONTENT

You are responsible for all content and operation of any Hapsah Site you build, including the actions of any individual who accesses or uses your site. You must include terms that are at least as protective of Fairtual as these Terms on your site. We can remove any content on the Platform or a Hapsah Site that violates these Terms.

a. General. You are responsible for all text, images, photographs, or other materials provided or uploaded by you or Direct Users associated with your Account to the Platform or Site (“Direct User Content”). Direct User Content includes all content of Hapsah Sites, the design and workflow of a Hapsah Site, all data generated by or submitted to a Hapsah Site (including information relating to End Users), and any comments, reviews, responses or other information posted in any user forums or the equivalent. AS BETWEEN YOU AND FAIRTUAL, YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ALL CONTENT, OPERATION, AND MANAGEMENT OF ANY HAPSAH SITE OR OTHER DIRECT USER CONTENT TO WHICH YOU HAVE ACCESS (INCLUDING IF SUCH DIRECT USER CONTENT WAS PRODUCED BY OTHERS OPERATING ON YOUR BEHALF, SUCH AS WHERE MULTIPLE DIRECT USERS HAVE ACCESS TO A SINGLE HAPSAH SITE), AND YOU AGREE TO INDEMNIFY FAIRTUAL FOR ANY CLAIMS, DAMAGES, COSTS, AND LIABILITIES ARISING FROM SUCH HAPSAH SITE OR CONTENT. For each piece of Direct User Content that you submit, you represent and warrant that: (i) you have the right to submit the Direct User Content to the Platform and grant the licenses set forth in this Section 4; (ii) if payment is required to any third party for the display of such Direct User Content that is licensed, you are solely responsible for all such payments and will indemnify Fairtual for any third party seeking license or other payments related to Direct User Content from Fairtual; (iii) the Direct User Content does not infringe, violate or misappropriate any third party’s rights, including any copyrights, trademarks or other intellectual property rights and privacy rights; and (iv) the Direct User Content complies with these Terms, the Acceptable Use Policy and all applicable laws.

b. End User Content and Hapsah Site Terms. If End Users are allowed to post content on a Hapsah Site, such content will be deemed Direct User Content of the Direct User(s) who own the Account(s) associated with such Hapsah Site. Each Hapsah Site must include terms of use that are at least as protective of Hapsah, and grant the controller of the Hapsah Site the same rights with respect to removal and treatment of End User content that Fairtual has with respect to Direct User Content set forth in these Terms, including Sections 2(b), 3(c), 5(c), 5(e), 6(c), and 15.

c. Review and Removal of Content. Fairtual is not required to review Direct User Content, but may determine, in our sole discretion, that certain Direct User Content violates these Terms. We may remove such content, suspend your Account, suspend access to the applicable Hapsah Site, or take any other steps that we deem appropriate in such case. Where applicable, Fairtual may still collect subscription fees from suspended accounts. Fairtual does not guarantee the accuracy, reliability or quality of Direct User Content. You acknowledge that by using the Platform, or by visiting a Hapsah Site, you may be exposed to content that you may consider offensive, indecent or objectionable. If you believe that any content on the Platform infringes a third party copyright, trademark, or other intellectual property right, you may report the infringement as set forth in Section 15.

d. License to Fairtual. By posting, displaying, sharing or distributing Direct User Content on or through the Platform, you grant Fairtual, its affiliates, and any applicable Third Party Services a nonexclusive license to use such Direct User Content during the Term (as defined in Section 11) solely for the purpose of operating the Platform and providing related services. Fairtual is acquiring no rights in the Direct User Content except for the limited license set forth above.

e. Compliance and Preservation. Fairtual may access, preserve and disclose Account information and / or Direct User Content if Fairtual is required to do so by applicable law or if we believe in good faith that such access, preservation or disclosure is reasonably necessary to (i) comply with legal process, (ii) enforce these Terms, (iii) respond to claims that any Direct User Content violates the rights of third parties, including pursuant to Section 13, (iv) respond to your requests for customer service, or (v) protect the rights, property or personal safety of the Platform, Fairtual, our employees, directors or officers, partners and agents, or members of the public.

f. Ownership Disputes. Sometimes ownership of an Account or Hapsah Site is disputed between parties, such as a business and its employees, or a web designer and a client. We try not to get involved in these disputes. However, we reserve the right, at any time and in our sole discretion, and without notice to you, to determine rightful Account or Hapsah Site ownership and to transfer an Account or Hapsah Site to such owner. Our decision in that respect is final. If we feel that we can’t reasonably determine the rightful owner, we reserve the right to suspend an Account or Hapsah Site until the disputing parties reach a resolution. We also may request documentation, such as a government-issued photo ID, credit card invoice or business license, to help determine the rightful owner.

6. OWNERSHIP

We own the Platform and all information about its use that does not allow for the identification of individuals. You own your content. We may use any feedback you provide about the Platform or Fairtual without compensating you.

a. Platform. Aside from the limited license granted to you in Section 2(a), Fairtual retains all right, title and interest in and to the Platform, Documentation, and all Updates.

b. Direct User Content. Except for the limited licenses granted to Fairtual in Sections 5(c), 6(d) and 6(g), as between the parties, you retain all right, title, and interest in and to your Direct User Content. For the avoidance of doubt, you may re-use any Direct User Content, including Hapsah Site workflow and design, on other web platforms or media without restriction. Direct User Content includes User Components.

c. Usage Information. Fairtual owns all data regarding installation, registration, and use of the Platform, and related to Platform performance, including response times, load averages, usage statistics, and activity logs, (collectively, “Usage Information”). Usage Information includes information about Hapsah Sites and User Components incorporated into Hapsah Sites. Usage Information does not include any personally identifiable information or End User Information, but may include aggregated information derived from Direct User Content. Usage Information is used to contribute to analytical models used by Fairtual, to monitor and improve the Platform, and to perform Fairtual’s obligations under this Agreement.

d. Marks. You and Fairtual each retain all right, title and interest in and to their respective trademarks, service marks, logos, name, branding, and equivalent identifiers (“Marks”). You grant Fairtual a limited, non-exclusive, non-transferable, sublicensable right to use your Marks on the Platform and as otherwise required to fulfill its obligations hereunder, and for attribution as set forth in Section 15(e), consistent with your standard guidelines regarding the use of the Marks. Except for the reproduction of Fairtual Marks as permitted herein, you may not use Fairtual Marks for any purposes, including in a way that suggests you are or endorsed by or associated with Fairtual in anything other than a customer relationship, or in connection with the marketing of, your Hapsah Sites or other services delivered by Fairtual. All permitted use of a party’s Marks hereunder will inure to the benefit of the owning party.

e. Feedback. Any feedback, comments, or suggestions you may provide regarding us, the Platform, or other services we offer (“Feedback”) is entirely voluntary and you hereby grant Fairtual a perpetual, irrevocable, and royalty-free right and license to use all Feedback in any lawful manner whatsoever, without any obligation to you.

7. FEES

Any fees for Platform Subscriptions are due in advance, are automatically charged to your credit card, and will continue until cancelled. We will charge sales tax where applicable. We use Stripe to process payments and you must agree to their terms when entering payment information.

a. Subscription. You do not need to pay to access the Platform (in case of the Free subscription), but certain features of the Platform are only available with a paid access plan (a “Subscription”). Subscription requests can be sent to: info@hapsah.org. Subscriptions are billed annually and will only be activated after sufficient payment has been received.

b. Automatic Renewal. Subscriptions will automatically renew at the rates then in effect until cancelled as set forth in Section 9(c). By subscribing, you authorize us to charge your Payment Provider at the beginning of any subscription period. Upon renewal of your Subscription, if we do not receive payment from your Payment Provider, you will either pay all amounts due on your Account within fifteen (15) days of the date such payment was due or we may terminate your Subscription.

c. Cancellation. Subscriptions may be cancelled at any time via a request sent to: info@hapsah.org.

d. Taxes. “Sales Tax” means any sales or use tax, and any equivalent tax measured by sales proceeds that we are required to pass through to our customers or to Buyers on the Marketplace. Sales Tax is automatically calculated and added to all orders where applicable. To the extent applicable, all payments for the Services will be made free and clear of, and without reduction for, any withholding taxes. Any such taxes imposed on payments of fees to us will be your sole responsibility.

8. CONFIDENTIAL INFORMATION

We will each keep the other’s sensitive information safe, and only use it as necessary.

a. General. “Confidential Information” means non-public or proprietary information in any form disclosed by or on behalf of either party that (i) is marked or identified as “confidential” or with a similar designation, or (ii) by its nature or the circumstances of its disclosure ought reasonably to be treated as confidential. The Platform, Documentation, and Usage Information is Hapsah Confidential Information. Each party may have access to the other party’s Confidential Information as a result of this Agreement. Confidential Information is the sole property of the disclosing party.

b. Use. Each party will: (i) only use Confidential Information to fulfill its obligations hereunder and/or as contemplated by these Terms and the Privacy Policy; (ii) only provide access to Confidential Information on an “as-needed” basis to its personnel, agents, and/or consultants who are bound by obligations materially similar to this Section 10(b), and (iii) maintain Confidential Information using methods at least as protective as it uses to protect its own information of a similar nature, but in no event with less than a reasonable degree of care. The obligations in this Section 10(b) will apply during and for three (3) years after the Term, except in the case of Confidential Information that is a trade secret, in which case the obligations will remain in effect as long as the trade secret is maintained.

c. Exceptions. Confidential Information does not include information that is: (i) publicly available when disclosed or becomes publicly available without fault of the recipient after disclosure; (ii) rightfully learned by recipient from entities not bound to keep such information confidential, (iii) independently developed by recipient; or (iv) approved for unrestricted disclosure by the disclosing party. In addition, a recipient may disclose the other party’s Confidential Information as required by court order or applicable law (provided that, to the extent legally permissible, the recipient promptly notifies the other party of such requirement and cooperates with the other party’s reasonable efforts to prevent or limit the scope of such disclosure, at the other party’s expense).

9. TERM AND TERMINATION

You may terminate these Terms at any time by cancelling your subscription and stopping use of the Platform. We may terminate them for your breach, including failure to pay.

a. Term. These Terms will remain in effect for so long as you access the Site or use the Platform (the “Term”).

b. Termination by Fairtual. If timely payment cannot be charged to your Payment Provider for any reason, if you have materially breached any provision of these Terms, or if we are required to do so by law (e.g., where the provision of the Platform becomes unlawful), we may, immediately and without notice, suspend or terminate your Account. We will not be liable to you or any third party for any such termination, except that, if we stop offering the Platform where required to do so by law, we will refund any prepaid Subscription Fees for the remainder of the Term then in effect within thirty (30) days of the date of termination.

c. Termination by You. Subscriptions may be cancelled at any time by sending such request to info@hapsah.org.

d. Effect of Termination. Upon expiration or termination of this Agreement for any reason, the rights and licenses granted under this Agreement will immediately terminate. Sections 7, 10, 11(d), and 12 through 15 will survive the termination or expiration of this Agreement for any reason.

10. DISCLAIMER; LIMITATION OF LIABILITY; INDEMNIFICATION

The Platform is provided without any warranty, e.g. we do not claim or guarantee legally that we are bug-free. Except in certain egregious cases, Fairtual’s maximum liability is limited to $100. You are responsible for all costs and damages we suffer as a result of your content or breach of these Terms.

a. WARRANTY. THE PLATFORM IS PROVIDED “AS IS” WITHOUT WARRANTY OR REPRESENTATION OF ANY KIND. FAIRTUAL MAKES NO PROMISES, REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE PLATFORM, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. Hapsah DOES NOT WARRANT THAT THE PLATFORM WILL BE ERROR-FREE OR WORK WITHOUT INTERRUPTIONS.

b. LIMITATION OF LIABILITY. EXCEPT IN THE CASE OF GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY, IN NO EVENT WILL (a) FAIRTUAL’S LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED ONE HUNDRED DOLLARS, OR (b) EITHER PARTY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO THIS AGREEMENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

c. INDEMNIFICATION. You will indemnify, defend and hold Fairtual harmless from any claim, action, suit or proceeding made or brought against Fairtual arising out of or related to (a) your breach of any term of this Agreement, or (b) Direct User Content.

11. INFRINGEMENT

We may remove content from the Platform or a Hapsah Site that users report as infringing the intellectual property rights of others, or that we believe does so.

a. General. Fairtual respects the intellectual property rights of others and we expect our users to do the same. If you are a copyright owner and believe a user of the Platform or operator of a Hapsah Site is infringing your copyright or the copyright of any third party, please notify our designated copyright agent in writing at the following address:

Fairtual B.V.

Schonenbergsingel 10

6881 NP Velp

The Netherlands

info@hapsah.org

b. Notice Requirements. Each notification must include the following information: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of the right that is allegedly infringed, (ii) a description of the work claimed to have been infringed, or, if multiple works are covered by a single notification, a representative list of such works, (iii) identification of the material that is claimed to be infringing, and information reasonably sufficient to permit Fairtual to locate the material, (iv) information reasonably sufficient to permit Fairtual to contact you, such as an address, telephone number, and, email address, (v) a written statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law, and (vi) a statement made under penalty of perjury that the information in the notification is accurate and that you are the copyright owner or authorized to act on the owner’s behalf.

Note that when Fairtual contacts the owner of the content that is claimed to be infringing, we may provide them with the rights owner’s name, contact information, and nature of the report, so that contact between the two parties may be established.

c. Trademarks. The above process may be used to inform us of potential or suspected violations of other intellectual property rights, including unauthorized use of trademarked material.

d. Rights and Remedies. We may remove Direct User Content and other content on the Platform alleged to be infringing and terminate the right to use the Platform by any Direct User who infringes the intellectual property rights of another person or entity, in each case without prior notice and at our sole discretion.

BY USING OUR PLATFORM, YOU ARE INDICATING THAT YOU HAVE READ AND CONSENT TO BE BOUND BY THESE TERMS. IF YOU HAVE NOT READ THESE TERMS, OR YOU DO NOT AGREE TO BE LEGALLY BOUND BY THEM, DO NOT USE THE PLATFORM.