The domain name, Website and the Apps are owned, registered and operated by Happapp Academy Private Limited, a private company incorporated under the (Indian) Companies Act, 2013, and having its registered office at M-376, Sanjay Nagar, Sector-23, Ghaziabad, Uttar Pradesh,201002, India, (hereinafter referred to as “Happapp” or “ us” or “we” or “our” or “Company”).

These Terms and Conditions apply to all Users of the Happapp Platform, including educators who are also contributors of User Content on the Happapp Platform. The Happapp Platform includes all aspects of the Website and Apps which includes but is not limited to products, software and service offered via the Happapp Platform, such as the Happapp online platform, Happapp - Subscription and any other service or application that Happapp introduces from time to time.Happapp Platform is an online platform that supports and facilitates the online creation of educational videos/or tutorials, by the Users of the Happapp Platform and acts as an intermediary between the educator and the User. A User may create a video, audio clip or tutorial, by using the Happapp Platform. Such content uploaded through the use of the Happapp Platform shall hereinafter be referred to as “User Content”. You agree and acknowledge that Happapp has no control over and assumes no responsibility for, the User Content and by using the Happapp Platform, you expressly relieve Happapp from any and all liability arising from the User Content.

The Happapp Platform may include or contain links to any third-party websites that may or may not be owned or controlled by Happapp. Happapp has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites. In addition, Happapp will not and cannot censor or edit the content of any third-party site. By using the Happapp Platform, you expressly relieve Happapp from any and all liability arising from your use of any third-party website or services. However, we recommend that before you use any third-party services or website you read and understand the terms and conditions and privacy policy of each such website that you visit.

Subject to these Terms and Conditions, Privacy Policy and all other other rules and policies made available or published elsewhere, Happapp hereby grants the you a non-exclusive, non-transferable, non-sublicensable, limited license to use the Happapp Platform in accordance with these Terms and Conditions.You agree and acknowledge that Happapp shall have the right at any time to change or discontinue any aspect or feature of the Happapp Platform, including, but not limited to, the User Content, hours of availability and equipment needed for access or use. Further, Happapp may discontinue disseminating any portion of information or category of information may change or eliminate any transmission method and may change transmission speeds or other signal characteristics. Happapp reserves the right to refuse access to the Happapp Platform, terminate Accounts, remove or edit contents without any notice to You.

In order to access features of the Happapp Platform, you may have to create your account with Happapp. You agree and confirm that you will never use another User’s account nor provide access to your account to any third-party. When creating your account, you confirm that the information so provided is accurate and complete. Further, you agree that you are solely responsible for the activities that occur on your account, and you shall keep your account password secure and not share the same with anyone. You must notify Happapp immediately of any breach of security or unauthorized use of your account. At no point in time will Happapp be liable for any losses caused by any unauthorized use of your account, you shall solely be liable for the losses caused to Happapp or others due to such unauthorized use, if any.Happapp takes no responsibility for any User Content that is uploaded on the Happapp Platform, and further, the User shall be solely responsible for his or her own actions in utilizing such User Content and availing the Happapp Platform provided herein.

Happapp hereby grants you permission to access and use the Happapp Platform as set forth in these Terms and Conditions, provided that:

• You agree not to distribute in any medium any part of the Happapp Platform or the content without Happapp’s prior written authorization.
• You agree not to alter or modify any part of the Happapp Platform.
• You agree not to access content of any other User through any technology or means other than the video playback pages of the Happapp Platform itself.
• You agree not to use the Happapp Platform for any of the following commercial uses unless you obtain Happapp’s prior written approval:the sale of access to the Happapp Platform;the sale of advertising, sponsorships, or promotions placed on or within the Happapp Platform or content; orthe sale of advertising, sponsorships, or promotions on any page or website that provide similar Happapp Platform as that of Happapp.
• You agree to receive installs and updates from time to time from Happapp. These updates are designed to improve, enhance and further develop the Happapp Platform and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit Happapp to deliver these to you) as part of your use of the Happapp Platform.
• You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Happapp Platform in a manner that sends more request messages to Happapp’s servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Happapp grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Happapp reserves the right to revoke these exceptions either generally or in specific cases at any time with or without providing any notice in this regard. You agree not to collect or harvest any personally identifiable information, including account names, from the Happapp Platform, nor to use the communication systems provided by the Happapp Platform (e.g., comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any Users of the Happapp Platform with respect to User Content.
• You may post reviews, comments and other content; send other communications; and submit suggestions, ideas, comments, questions or other information as long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringement of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any other form of spam. Further, you give Happapp limited, royalty free, worldwide, non-exclusive license to use the User Content and communication in developing its Happapp Platform and in any of its marketing or promotional activities.In your use of the Happapp Platform, you will at all times comply with all applicable laws and regulations.Happapp reserves the right to discontinue any aspect of the Happapp Platform at any time with or without notice at its sole discretion.

In addition to the general restrictions mentioned above, the following limitation and conditions shall apply to your use of the Content.Happapp Content utilized on the Happapp Platform which shall include but not be limited to trademarks, service marks and logos (“Marks”), process, images, software, graphics are owned by or licensed to Happapp and subject to copyright and other intellectual property rights under the law.User Content is provided to you on an AS IS basis. You may access Content for your information and personal use solely as intended through the provided functionality on the Happapp Platform and as permitted under these Terms and Conditions. You shall not download any User Content unless you see a “download” or similar link displayed by Happapp on the Happapp Platform for that User Content. You shall not copy, reproduce, make available online or electronically transmit, publish, adapt, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any User Content for any other purposes other than as provided herein without the prior written consent of Happapp or the respective licensors of the User Content. Happapp and its licensors reserve all rights not expressly granted in and to the Happapp Platform and the User Content.

You agree not to circumvent, disable or otherwise interfere with security-related features of the Happapp Platform or features that prevent or restrict use or copying of any User Content or enforce limitations on use of the Happapp Platform or the User Content therein.

You understand that when using the Happapp Platform, you will be exposed to User Content from variety of sources and by different Users, and that Happapp is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Content. You further understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Happapp with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless Happapp, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Happapp Platform.

As an Happapp User, you may submit User Content on the Happapp Platform, including videos and User comments. You understand that Happapp does not guarantee any confidentiality with respect to any User Content you submit.You shall be solely responsible for your own User Content and the consequences of submitting and publishing such User Content on the Happapp Platform. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish the User Content that you submit; and you grant limited license to Happapp to all patent, trademark, trade secret, copyright or other proprietary rights in and to such User Content for publication on the Happapp Platform pursuant to these Terms and Conditions for the duration the said User Content is available on Happapp Platform.

For clarity, you retain your ownership rights in your User Content. However, by submitting User Content to Happapp, you hereby grant Happapp a limited, worldwide, non-exclusive, royalty-free, sub-licenseable and transferable license to use, reproduce, distribute, display, publish, make available online or electronically transmit, the User Content in connection with the Happapp Platform and Happapp’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Happapp Platform in any media formats and through any media channels. You also hereby grant each User of the Happapp's Platform a limited, non-exclusive license to access your User Content through the Happapp Platform. The above licenses granted by you in the User Content you submit to the Happapp Platform terminate within a commercially reasonable time after you request Happapp to remove or delete your videos from the Happapp Platform provided you pay the mutually agreed amount that Happapp incurred in providing the Happapp Platform to you. You understand and agree, however, that Happapp may retain, but not display, distribute, or perform, server copies of your videos that have been removed or deleted. The above licenses granted by you in User comments and testimonial you submit are perpetual and irrevocable.

You further agree that User Content you submit on the Happapp Platform will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant Happapp all of the license rights granted herein.Furthermore, you confirm that the User Content uploaded by you is not:False, inaccurate or misleading;Infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;Violate any law, statue, ordinance or regulation;defamatory, unlawfully threatening or unlawfully harassing;obscene or contain pornography.Contain any viruses, trojan horses, worms, cancelbots or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.

You understand and confirm that you shall not during your use of the Happapp Platforms at any time post or publish any content, comments or act in any way which will amount to harassment of any other User, whether a learner or an educator. If at any given point it comes to the notice of Happapp that you are engaged in any kind of harassment of other Users, then in such a case you agree that Happapp shall have the sole right to suspend/terminate your account with immediate effect and without any notice of such suspension or termination and we also reserve the right in our sole discretion to initiate any legal Happapp at its sole discretion may process any audio or audio-visual content uploaded by you to the Happapp Platform to confirm if the same is in accordance with the Happapp internal quality requirements and is compatible with the Happapp Platform.Happapp does not endorse any User Content submitted on the Happapp Platform by any User or other licensor, or any opinion, recommendation, or advice expressed therein, and Happapp expressly disclaims any and all liability in connection with User Content. Happapp does not permit copyright infringing activities and infringement of intellectual property rights on the Happapp Platform, and Happapp will remove all User Content if properly notified that such Content infringes on another’s intellectual property rights. Happapp reserves the right to remove User Content without prior notice if it has reason to believe that the User Content infringes any copyright.

The Happapp Platform, the processes, and their selection and arrangement, including but not limited to all text, graphics, User interfaces, visual interfaces, sounds and music (if any), artwork and computer code on the Happapp Platform is owned and controlled by Happapp and the design, structure, selection, coordination, expression, look and feel and arrangement of such content mentioned hereinabove is protected by copyright, patent and trademark laws, and various other national and international IPR laws and regulations. For clarity, content in the above sentence shall not include User Content.Unless otherwise indicated or anything contained to the contrary, or any proprietary material owned by a third-party and so expressly mentioned, Happapp owns all IPR to and into the trademark “Happapp Academy”.

The mark “ Happapp Academy” is the sole property of Happapp. Reproduction in whole or in part of the same is strictly prohibited unless used with an express written permission from Happapp.

When you visit Happapp Platform or send email to us, you are communicating with us electronically. By communicating with us, you consent to receive communication from us electronically. We will communicate with you by email or posting notices on Happapp Platform. You agree that all agreements, notices, disclosures, disclaimers, offers and other communications that are provided to you electronically satisfy any legal requirement that such communication should be in writing.

Happapp will terminate a Users access to the Happapp Platform, if

• the User is a repeat copyright infringer;
• the Users breaches any terms of these Terms and Conditions.
• Violation of any applicable laws;
• your use of the Happapp Platform disrupts our business operations or affects any other party/ User; or
• you have behaved in a way, which objectively could be regarded as inappropriate or unlawful or illegal or which would bring any claims against Happapp.
• Happapp reserves the right to decide whether User Content violates these Terms and Conditions for reasons other than copyright infringement, such as, but not limited to, pornography, obscenity, or excessive length or any other parameter that Happapp deems fit from time to time. Happapp may at any time, without prior notice and in its sole discretion, remove such User Content and/or terminate a User's account for submitting such material in violation of these Terms and Conditions.
• We may suspend access to the Happapp Platforms or require You to change Your password if we reasonably believe that the Happapp Platforms have been or are likely to be misused, and we will notify You accordingly. Any termination of Your registration and/or Account or the Happapp Platforms will not affect liability previously incurred by You.

In case any of the above-mentioned cases occur, Happapp reserves the right, in its sole discretion, to terminate or suspend the User’s account with immediate effect. Upon suspension or termination of the User’s account:

• Happapp shall at its sole discretion withhold or stop any and all payments that are to be made to such User and evaluate the pay-outs.
• Payments shall only be made for all legitimate work that is not subject matter of any violation or dispute.
• Payments shall not be made for the work that is the subject matter of any of the breaches.
• User access shall be terminated immediately, and the User shall not be able to access the said terminated account.

You will not without obtaining prior written consent of Happapp, disclose to third party any Confidential Information (as defined below) that is disclosed to you during the term of your use of the Happapp Platform.

For the purpose of this clause Confidential Information shall include but shall not be limited to employee details, User list, business model, processes, ideas, concepts etc. relating to Happapp or Happapp Platform which are not available in the public domain. You acknowledge and agree that the Confidential Information so provided to you shall at all time be the property of Happapp and any breach of the same shall cause irreparable damage to us.

YOU AGREE THAT YOUR USE OF THE HAPPAPP PLATFORM SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, HAPPAPP, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS EXCLUDE ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE HAPPAPP PLATFORM AND YOUR USE THEREOF. TO THE FULLEST EXTENT PERMITTED BY LAW, HAPPAPP EXCLUDES ALL WARRANTIES, CONDITIONS, TERMS OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE USER CONTENT OR THE CONTENT OF ANY SITES SO LINKED AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF USER CONTENT OR ANY CONTENT ON HAPPAPP, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE HAPPAPP PLATFORM, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE HAPPAPP PLATFORM, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE HAPPAPP PLATFORM BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY USER CONTENT OR ANY OTHER CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY USER CONTENT OR ANY OTHER CONTENT THAT IS POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE UHAPPAPP PLATFORM. HAPPAPP DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY USER CONTENT OR HAPPAPP PLATFORM ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE HAPPAPP PLATFORM OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND HAPPAPP WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF USER CONTENT OR SERVICES. AS WITH THE PURCHASE OF A SUBSCRIPTION OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Happapp, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Happapp Platform; (ii) your violation of any term of these Terms and Conditions; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; (iv) any claim that your User Content caused damage to a third party; or (v) violation of any applicable laws. This defence and indemnification obligation will survive these Terms and Conditions and your use of the Happapp Platform.

You affirm that you are either more than 18 years of age, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions, and to abide by and comply with these Terms and Conditions. If you are under 18 years of age, then please talk to your parents or guardian before using the Unacademy Platform.

Happapp reserves the right to refuse access to use the Happapp Platforms to any Users or to suspend and/or terminate access granted to existing registered Users at any time without according any reasons for doing so.

We provide these Terms and Conditions with our Happapp Platform so that you know what terms apply to your use. You acknowledge that we have given you a reasonable opportunity to review these Terms and Conditions and that you have agreed to them. You agree and acknowledge that your use of the Happapp Platform is subject to the most current version of the Terms and Conditions made available on the Happapp Platform at the time of such use.

Happapp shall not be liable for failure to perform, or the delay in performance of, any of its obligations if, and to the extent that, such failure or delay is caused by events substantially beyond the its control, including but not limited to acts of God, acts of the public enemy or governmental body in its sovereign or contractual capacity, war, terrorism, floods, fire, strikes, epidemics, civil unrest or riots, power outage, and/or unusually severe weather.