# Terms and Conditions

Introduction These Terms of Use are effective as of January 1, 2021. The service is made available to you by Happyhamster (“Happy hamster,” “we,” “us” or “our”) through the website located at (http://happyhamster.io).

&#x20;Happy hamster mobile application(s), application program interface(s), all together or each separately is referred to as (collectively, the “Software”).&#x20;

The following terms and conditions (the “Terms of Use”) are the terms and conditions for the use of the Software by end-user clients or visitors (“Client,” “you,” or “your”). You cannot use the Software without accepting these Terms. We offer online software as a service (SaaS) through our website (http://happyhamster.io) (the “Website”).&#x20;

Our software (“Software”) enables you to trade foreign exchange market (Forex) employing an automated trading bot – of which you control and configure the settings. This document contains important information regarding your rights, obligations, conditions, and limitations. Please read these terms carefully before accessing and using the Happy hamster software.&#x20;

By accepting these Terms and Conditions, you agree that:&#x20;

* you have read, understood, and agreed to be bound by these Terms of Use;&#x20;
* you are of sufficient legal age and capacity to use the Software;&#x20;
* you use the Software at your discretion and under your own responsibility.&#x20;

These Terms of Use constitute a legally binding agreement between You and Happy hamster regarding your access to and use the Software. We may update or revise these Terms of Use from time to time by providing notice of such updates or revisions on the Software. You agree that you will review these Terms of Use periodically. If you do not agree to the terms of these Terms of Use or any modified version of these Terms of Use, your sole recourse is to terminate your use of the Software. If you breach any of these Terms of Use, your authorization to use the Software automatically terminates and you must discontinue all use of the Software.&#x20;

**Disclaimer**&#x20;

Happy hamster provides you with Software. We don’t provide financial, investment, tax, legal, or other professional advice and don’t perform as advisors. You acknowledge and agree that Happy hamster is not responsible for your use of any information that you obtain on the software. You agree that all your decisions made using Happy hamster software are entirely your responsibility. You agree that your use of the service is at your sole risk. You are informed that you might lose some or all your funds.&#x20;

**Use of the Software and Website**&#x20;

Using our Website and Software, you declare to be at least 18 years old. You agree not to provide any information, data, or content to us that is incorrect, inaccurate, incomplete, or violates any law or regulation.&#x20;

* You agree that you will not, nor allow third parties to enter any non-public / secure areas of the Website or Software;&#x20;
* send viruses, worms, junk mail, spam, chain letters, unsolicited offers or ads of any kind and for any purpose;&#x20;
* investigate, scan or test the Website of Software or any other related system or network, or violate any security or authentication;&#x20;
* use any automated systems of software to withdraw data from the Website (“screen-scraping”);&#x20;
* make and distribute copies of the Website or Software.&#x20;

You may not create an account under someone else’s name or act within a platform like someone else in any other way. Happy hamster is assigned to block your account and deny you access to the Website and Software (temporarily or permanently) if we suspect abuse of the account or the Website. Happy hamster is assigned to deny access to the Website and Software. We can also block your account or deny you access to the platform if you do not comply with these Terms, including conditions and policies referenced herein.&#x20;

**Prices And Payment Terms**&#x20;

Happy hamster can change all prices, discounts, and promotions without notice. The price charged for a product or service will be the price advertised on the Software when the order is placed, subject to the terms of any promotions or discounts, your geographical location or residence, chosen payment method. If we change our prices, that change will only apply to purchases made after the date the prices come into effect. Your payment service provider, issuer bank, or intermediary may apply additional charges or taxes, which are beyond our control. You can use any available and the most convenient payment method currently available in the Happy hamster Software for all purchases.&#x20;

Any payments you make in the Software and for the Software may be subjected to VAT (value-added tax) with an appropriate rate, and in accordance with the law of jurisdiction you established. Happy hamster accrues and charges VAT for your payments based on the place you found, which is automatically determined by the IP address of your device. If you disagree with the information that was determined automatically, you are obliged to provide us with your billing address, given that the Software will be used at this location. You represent and guarantee that:&#x20;

(i) the payment information you supply to us, and any payment service provider (“PSP”) we may use is accurate, correct, and complete,&#x20;

(ii) you are duly authorized to use such payment method for the purchase,&#x20;

(iii) charges incurred by you will be honored by the issuer of your payment method, and&#x20;

(iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any, regardless of the amount quoted on the Software at the time of your order.&#x20;

Accounts To start using Happy hamster software, you must register a Personal Client Account and complete your profile with appropriate information.&#x20;

You are solely responsible for ensuring that the use of the Happy hamster Software in accordance with these Terms of Use in your jurisdiction of residence is permitted by law or regulation. We will prohibit your access to the Software if the law does not allow it in your country. As part of the registration process, you will be required to provide us with certain information, such as your email address, phone number and a password. For more details on the information that we collect, please see our Privacy Policy.&#x20;

3.1 Account Confidentiality Any personal information, your username, phone number, password, date of birth, etc., chosen by you must be treated as confidential, and you must not disclose it to any other person or entity. Your Client Account is personal to you, and you should not provide any other person access to your Client Account. You should notify us immediately of any unauthorized access to or use your user name or password or any other security breach. Please log out from your account for your personal security at the end of each session. You are responsible for any password misuse or any unauthorized access.&#x20;

3.2 Account Termination and Cancellation You have the right to close your Client Account at any time once all obligations associated with the Client Account have been completed.You acknowledge and agree that if we disable access to your Client Account, you may be prevented from accessing the Software. Payments&#x20;

4.1 All payments for using the Website and Software, shall be processed using a third-party payment processor, namely, stripe.com.&#x20;

4.2. The payment for using our Website and Software, is calculated as 20% of the profit that you have earned using Happy hamster's Software.&#x20;

4.3. The payment for using our Website and Software is made each time upon reaching the earned amount of 25 USD using Happy hamster's Software. The payment will be invoiced automatically from a Stripe account linked to the Client Account after the payment threshold has been reached.&#x20;

4.4. You pay nothing if nothing is earned or if the payout threshold has not been reached.

Refund policy All payments for the Website and Software are non-refundable. Happy hamster can change the refund policy without notice. We reserve the right to issue refunds at our sole discretion. Privacy Happy hamster respects your privacy and anticipates the EU General Data Protection Regulation (GDPR). In our Privacy Policy, you can read which personal data we collect from you and for what purposes we collect it. Third-Party Information Any third-party content, data, information, or publications made available through the Software are furnished by us on an as-is basis for your convenience and information. Any opinions, advice, statements, services, offers, or other information made available by third parties are those of the respective author(s) or publisher(s) but not by Happy hamster. Risks Trading in foreign exchange market (“Forex”) on margins entails high risk and is not suitable for all.&#x20;

**Warranty Disclaimer**&#x20;

EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, NEITHER PARTY MAKES ANY REPRESENTATION OR EXTENDS ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE OTHER PARTY WITH RESPECT TO THE SOFTWARE OF THIS AGREEMENT AND HEREBY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON INFRINGEMENT WITH RESPECT TO ANY AND ALL OF THE FOREGOING. EACH PARTY HEREBY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT THE DEVELOPMENT, MANUFACTURE OR COMMERCIALIZATION OF ANY LICENSED COMPOUND, OPTION COMPOUND OR LICENSED PRODUCT UNDER THIS AGREEMENT SHALL BE SUCCESSFUL. HAPPY HAMSTER, ITS RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS EXPRESSLY DISCLAIM ALL OTHER REPRESENTATIONS, ENDORSEMENTS, WARRANTIES, AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATION, WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY OR AVAILABILITY, ERROR-FREE, UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SOFTWARE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR ANY WARRANTY ARISING FROM A COURSE OF DEALING, PERFORMANCE, OR TRADE USAGE. HAPPY HAMSTER PROVIDES NO WARRANTIES OR REPRESENTATIONS REGARDING THE SOFTWARE INCLUDING BUT NOT LIMITED TO THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS; THE SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE OR DEFECTS-FREE; THE RESULTS OBTAINED FROM USE OF THE SOFTWARE WILL BE ACCURATE OR RELIABLE; OR THAT ANY AS WELL-KNOW AS STILL NOT DETECTED DEFECTS WILL BE CORRECTED. WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES OR DATA AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE SOFTWARE WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR YOUR USE OF THE SOFTWARE AND YOUR COMPUTER, INTERNET, AND DATA SECURITY. &#x20;

**Limitation of Liability**&#x20;

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW YOU EXPRESSLY UNDERSTAND AND AGREE THAT HAPPY HAMSTER AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL, OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU IN CONNECTION WITH YOUR USE OF THE SOFTWARE, HOWEVER, CAUSED AND UNDER ANY THEORY OF LIABILITY INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF PROFIT, LOST OPPORTUNITIES, LOSS OF DATA SUFFERED, OR OTHER INTANGIBLE LOSS. NOTHING IN THESE TERMS WILL EXCLUDE OR LIMIT HAPPY HAMSTER’S LIABILITY WHEN IT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. HAPPY HAMSTER, ITS RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS EXPRESSLY DISCLAIM ALL OTHER REPRESENTATIONS, ENDORSEMENTS, WARRANTIES, AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATION, WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY OR AVAILABILITY, ERROR-FREE, UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SOFTWARE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR ANY WARRANTY ARISING FROM A COURSE OF DEALING, PERFORMANCE, OR TRADE USAGE. HAPPY HAMSTER PROVIDES NO WARRANTIES OR REPRESENTATIONS REGARDING THE SOFTWARE INCLUDING BUT NOT LIMITED TO THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS; THE SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR DEFECTS-FREE; THE RESULTS OBTAINED FROM USE OF THE SOFTWARE WILL BE ACCURATE OR RELIABLE; OR THAT ANY AS WELL-KNOW AS STILL NOT DETECTED DEFECTS WILL BE CORRECTED. WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES OR DATA AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE SOFTWARE WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR YOUR USE OF THE SOFTWARE AND YOUR COMPUTER, INTERNET, AND DATA SECURITY.&#x20;

**Term, Termination, and Cancellation**&#x20;

The term of your license granted will remain in effect until terminated by either you or Happy hamster. We may terminate your use of the Software and/or access to the Contents, features, functionality, products, and services made available in connection therewith, at any time and for any reason, with or without cause, without prior notice to you and without any liability or further obligation of any kind whatsoever to you or any other party.

&#x20;Indemnification Users will indemnify, defend, and hold Happy hamster harmless from and against all liabilities, damages, and costs (including settlement costs and reasonable attorneys’ fees) arising out of third-party claims regarding: any injury or damages resulting from the behavior of User related to the use of our Website and Software; and breach by User of these Terms or violation of any applicable law, regulation, or order.&#x20;

Miscellaneous Happy hamster reserves the right to change these Terms and Conditions. When we change these Terms in a significant way, we will notify Users by newsletter and post a notification on our Website along with the updated Terms. By continuing to use the Website, you acknowledge the most recent version of these Terms. If we do not enforce (these Terms, this cannot be construed as consent or waiver of the right to enforce them at a later moment in time or against another User. Users cannot transfer the rights and obligations from these Terms to third parties.&#x20;

Comments and suggestions These Terms of Use, including the Privacy Policy and any other URL incorporated by reference in these Terms and Conditions, constitute the entire agreement between you and Happy hamster relating to your use and our provision of the Software.&#x20;

Helpdesk, advice, and disclaimer Happy hamster has a helpdesk where Users can ask questions about the Website and Software. Happy hamster will only give advice about the functioning of the Website and Software. Happyhamster explicitly does not: Give Users any personal advice on recommended settings for the Bots; Give Users any personal financial advice. Happy hamster may upload general tutorials and academy videos on the Website, about the functioning of the Website and Software. All tutorials, videos, and templates uploaded by Happy hamster are general and contain in no way personal and/or financial advice. All use of this advice is at the sole risk of the User.

Zero Discriminating Happy hamster never discriminates, under any circumstances. We will never make a prejudicial distinction on the grounds of religion, age, national origin, sex, gender, or race.

Our Trademarks All scripts, logos, service names, button icons, graphics, and page headers are Happy hamster trademarks. Such trademarks are not permitted to be used in conjunction with any service or website that is not Happy hamster. This includes the logo or service being displayed in a way that might be misleading to customers or negatively affect the site. Trademarks not belonging to Happy hamster belong to the corresponding owners, who may or may not be sponsored by, affiliated with, or connected to the site.

