Terms of Service

These Terms of Service ("Terms") govern your use of the HappySupport platform, operated by HappySupport UG (haftungsbeschränkt), registered at Amtsgericht Stuttgart under HRB 800795 ("HappySupport", "we", "us", "our").

By creating an account or using our Service, you agree to these Terms. If you use the Service on behalf of a company or organization, you confirm that you have the authority to bind that entity to these Terms.

1. Definitions

"Service" means the HappySupport SaaS platform, including the HappyRecorder (Chrome Extension and Windows App for DOM/CSS-based recording), HappyAgent (GitHub Pulse Sync for automated guide updates), HappyWidget (in-app guidance layer), and all related features, APIs, and documentation.

"Customer" means the entity or individual that creates an account and subscribes to the Service.

"User" means any individual authorized by the Customer to access and use the Service.

"Customer Data" means all data, content, and materials that the Customer or its Users upload, create, or generate through the Service, including help center articles, guides, recordings, and configuration settings.

"Subscription" means the paid plan selected by the Customer, as described on our pricing page.

2. Account Registration

The Service is offered exclusively to businesses (entrepreneurs within the meaning of Section 14 of the German Civil Code, BGB), not to consumers. By creating an account, you confirm that you use the Service for commercial or independent professional purposes.

To use the Service, you must create an account with accurate and complete information, including your name, email address, and password. You are responsible for keeping your login credentials secure and for all activity that occurs under your account.

You must notify us immediately at contact@happysupport.ai if you suspect unauthorized access to your account. We are not liable for any loss resulting from unauthorized use of your account credentials.

3. Scope of the Service

HappySupport provides a platform for creating, managing, and automatically maintaining help center documentation for software products. The Service includes:

• HappyRecorder: A Chrome Extension and Windows application that captures DOM metadata and CSS selectors to create step-by-step guides with screenshots, voice narration, and GIF output.
• HappyAgent: A GitHub integration that monitors code repositories and automatically updates guides when UI elements change.
• HappyWidget: An in-app widget that delivers contextual guidance, interactive tours, hotspots, tooltips, and product update banners directly within your software.
• Help Center: A hosted, customizable knowledge base with AI-powered search, chatbot functionality, and multi-language support.

We continuously develop and improve the Service. We may add, modify, or discontinue features with reasonable notice. If a change materially reduces the functionality of a feature you actively use under a paid Subscription, we will notify you at least 30 days in advance.

4. Free Trial

Every new organization starts with a free trial of 14 days. The trial needs no payment details and includes the features of our largest self-serve plan, with limits on AI answers and AI generation.

The trial does not turn into a paid Subscription by itself and nothing is charged when it ends. To keep using the Service, an administrator chooses a plan. If no plan is chosen, your help center stays available to readers for 7 days after the trial ends and then goes offline. Your organization and its content are deleted 90 days after the trial ended. We email your administrators 7 days before that. Choosing a plan before then restores everything.

5. Subscriptions and Payment

5.1 Plans and Prices

Paid Subscriptions are available in different plans as described on our pricing page. Each plan includes a defined set of features and usage limits. All prices are net prices and exclude VAT, which is added at the applicable rate. Businesses in the European Union outside Germany that provide a valid VAT identification number are invoiced under the reverse-charge procedure.

5.2 Billing

Payments are processed by Stripe, Inc. ("Stripe") as our payment processor. Your contractual relationship for the Service is with HappySupport. We do not store your credit card details or bank account information. All payment data is handled directly by Stripe in accordance with PCI DSS standards. You can pay by card or SEPA direct debit.

Subscriptions are billed in advance, yearly or monthly, depending on the billing cycle you select. The prices on our pricing page are per month and billed yearly, paid upfront for the year. Billed monthly, the price per month is higher, as shown on the pricing page. Allowances stated per month, such as AI answers, apply per month in both billing cycles.

5.3 Automatic Renewal

Subscriptions renew automatically at the end of each billing period by the same period (a yearly Subscription by one year, a monthly Subscription by one month) unless you cancel before the renewal date. For yearly Subscriptions, we remind you by email at least 30 days before the renewal date. You can cancel your Subscription at any time in the billing portal in your account settings or by contacting us. Cancellation takes effect at the end of the current billing period.

Upgrades take effect immediately and are charged pro rata. Downgrades and a change from yearly to monthly billing take effect at the end of the current billing period.

5.4 Contract Terms

If an individual agreement with us sets a contract term (for example, a reduced price paid monthly for a fixed term), the Subscription cannot be cancelled before the end of that term. Unless the agreement says otherwise, the term renews by 12 months at its end unless either party gives notice in text form (for example, by email) at least 14 days before the end of the term. We remind you by email at least 30 days before the term renews. Plan changes during a contract term are made by agreement with us.

5.5 Price Changes

We may adjust pricing for future billing periods. We will notify you of any price increase at least 30 days before it takes effect. If you do not agree to the new price, you may cancel your Subscription before the new price applies. Prices agreed for a contract term do not change during that term.

5.6 Refunds

Payments are non-refundable, including for the unused part of a billing period after cancellation. The free trial (Section 4) is the time to evaluate the Service before paying. Mandatory statutory rights remain unaffected.

5.7 Failed Payments

If a payment fails, Stripe retries it over the following weeks and we notify you by email. You keep full access for 14 days after the first failed payment. After that, access to the editing area is suspended until the payment is made, while your help center stays available to readers. If the payment cannot be collected, the Subscription ends and Section 12.4 applies.

6. Your Obligations

You agree to:

• Use the Service only for lawful purposes and in compliance with applicable laws.
• Not attempt to reverse-engineer, decompile, or disassemble any part of the Service.
• Not access the Service through automated means (scraping, bots) beyond the provided APIs.
• Not use the Service to store or distribute malware, or to interfere with other users' access.
• Not sublicense, resell, or redistribute the Service to third parties without our written consent.
• Ensure that all Users under your account comply with these Terms.

7. Intellectual Property and Customer Data

7.1 Our Intellectual Property

The Service, including its software, design, documentation, and branding, is and remains the property of HappySupport. These Terms do not grant you any rights to our intellectual property beyond the limited right to use the Service as described here.

7.2 Your Data

You retain all rights to your Customer Data. By using the Service, you grant us a limited, non-exclusive license to use, store, process, and display your Customer Data solely for the purpose of providing and operating the Service. This license ends when you delete your data or close your account.

7.3 Data Export

You can export your Customer Data at any time using the export features provided in the Service. Upon account termination, we will make your data available for export for 30 days, after which it will be permanently deleted.

7.4 Feedback

If you provide us with suggestions, ideas, or feedback about the Service, we may use this feedback without restriction or obligation to you.

8. Data Protection

We process personal data in accordance with our Privacy Notice and applicable data protection laws, including the EU General Data Protection Regulation (GDPR).

Your Customer Content is hosted and stored in the European Union. AI features are processed in the EU. The few exceptions (optional voice transcription, transactional emails, payment processing) are listed in our Privacy Notice.

We use your Customer Content only to provide the Service. We do not use it, and do not allow our sub-processors to use it, to train, fine-tune, evaluate or benchmark AI models.

Where we process personal data on your behalf (as a data processor), the terms of our Data Processing Agreement (DPA) apply. The DPA is available upon request at contact@happysupport.ai and forms an integral part of these Terms for customers subject to GDPR.

9. Availability and Support

We aim to keep the Service available at all times but do not guarantee uninterrupted or error-free operation. Planned maintenance will be announced in advance when possible. We are not liable for downtime caused by circumstances beyond our reasonable control, including internet outages, third-party service failures, or force majeure events.

Support is available via email at contact@happysupport.ai. Response times depend on your Subscription tier.

10. Limitation of Liability

10.1 Unlimited Liability

We have unlimited liability for damages arising from:

• Intentional misconduct or gross negligence by us, our legal representatives, or our agents.
• Injury to life, body, or health.
• Liability under the German Product Liability Act (Produkthaftungsgesetz).
• Any guarantees expressly given by us.

10.2 Limited Liability for Breach of Material Obligations

In cases of slight negligence, our liability is limited to breaches of material contractual obligations (Kardinalpflichten), meaning obligations whose fulfilment is essential for the proper performance of the contract and on whose compliance the Customer may regularly rely. In such cases, liability is limited to the foreseeable, contract-typical damages and capped at the total fees paid by the Customer in the 12 months preceding the event giving rise to the claim.

10.3 Exclusion of Further Liability

Beyond Sections 10.1 and 10.2, our liability for slight negligence is excluded. This applies in particular to loss of data, lost profits, and indirect or consequential damages.

10.4 Contributory Negligence

The Customer is responsible for maintaining regular backups of their data. In the event of data loss for which we are liable, our liability is limited to the effort required to restore the data from a proper backup.

11. Indemnification

You agree to indemnify and hold us harmless from claims, losses, and expenses (including reasonable legal fees) arising from: (a) your violation of these Terms; (b) your use of the Service in violation of applicable law; or (c) Customer Data that infringes third-party rights. This does not apply to the extent that the claim is caused by our fault.

12. Term and Termination

12.1 Term

These Terms apply from the moment you create an account and remain in effect for as long as you use the Service.

12.2 Termination by You

You may terminate your account at any time through your account settings. For paid Subscriptions, termination takes effect at the end of the current billing period, or at the end of a contract term under Section 5.4.

12.3 Termination by Us

We may terminate or suspend your account if you materially breach these Terms and fail to remedy the breach within 14 days of receiving written notice. In cases of severe violations (e.g., illegal activity, abuse of the Service, or security threats), we may suspend access immediately and without prior notice.

12.4 Effect of Termination

Upon termination, your right to use the Service ends. When a paid Subscription ends, your help center stays available to readers for 30 days, so you can move it or resubscribe. We retain your Customer Data for at least 30 days to allow export. After that, data may be permanently deleted unless retention is required by law. Provisions that by their nature should survive termination (such as Sections 7, 10, 11, and 14) will continue to apply.

13. Changes to These Terms

We may update these Terms from time to time. We will notify you of material changes by email or through the Service at least 30 days before they take effect. If you continue to use the Service after the changes take effect, you accept the updated Terms. If you do not agree, you may terminate your account before the changes apply.

14. Governing Law and Jurisdiction

These Terms are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

The exclusive place of jurisdiction is Stuttgart, Germany.

15. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions remain in full force and effect. The invalid provision will be replaced by a valid provision that comes closest to the intended purpose.

16. Contact

HappySupport UG (haftungsbeschränkt)
c/o Campus Founders
Bildungscampus 11
74076 Heilbronn, Germany

Email: contact@happysupport.ai
Web: www.happysupport.ai