Happierleads (hereinafter “happierleads”, “we”, “us”, or “our”), is a website analytics and advertising technology company. Our headquarters is located in London, England, while our wholly-owned subsidiary “happierleads” is located in England.

Happierleads provides a number of services, which are described below under separate sections where the specific terms for each service are set out. The Account-Based Marketing service, Lead Generation services and the Happierleads Reveal (each as defined below, and henceforth collectively referred to as the “Services”) are accessible through “www.happierleads.com” (the “Website”) and through “admin.happierleads.com” (the “Platform”). The Services, and the specific terms for them, are described further below.

Both “Customer” and “you” means you and the entity you represent, which you guarantee that you have the authority to represent, and for whom you are accepting these terms.

By using the Services, you acknowledge your understanding of, and agreement to these Terms of Service (the “Terms”). Any use of the Service is subject to these Terms. We may, from time to time, revise these Terms. Your continued use of the Services after the posting of any revisions will constitute your (and for the avoidance of doubt, Customer’s) agreement to be bound by such revisions.

Please read these Terms carefully before using the Services. If you do not agree to these Terms, you do not have the right to use the Services.

To register an account with Happierleads, you will be asked to provide your email address and password. Alternatively, you can use certain third-party services, e.g. Facebook, Google, or Linkedin. You will also need to provide your full name or company name (as applicable), department, role, and website (domain name). You are responsible for providing accurate and correct registration information and we assume no liability for any error, inaccuracy, or omission in such information or in the service resulting from any information provided by you. By becoming a registered user of our Services, you will also be prompted to give your Personal Data in accordance with our Privacy Policy.

If you are a physical person, you must be over 18 years of age (or such other legal age as may apply in your territory) in order to register an account for the Services.

Upon completing the registration process, you will receive a confirmation email containing your chosen information to the e-mail address you provided.

Each user is personally and solely responsible for all actions and transactions made through his/her/their account. You are responsible for maintaining the confidentiality of your password and you should ensure that you exit properly from your account at the end of each session.

Happierleads’ (or its wholly-owned subsidiaries’) support staff may, from time to time, log into the Service under your account in order to maintain or improve service, including for example to provide you with assistance regarding technical or billing issues.

You agree to notify Happierleads immediately if you suspect any unauthorized use of your account or access to your password or account.

If you wish to deactivate your account, please contact us by sending an e-mail containing such information to support@happierleads.com.

The Services are integrated with certain third-party applications, websites, and services (“Third-Party Services”) to make available content, products, and/or services to you. These Third-Party Services may have their own terms and conditions of use and privacy policies and your use of these Third-Party Services will be governed by and subject to such terms and conditions and privacy policies. You understand and agree that Happierleads does not endorse and is not responsible or liable for the behavior, features, or content of any Third-Party Services or for any transaction you may enter into with the provider for any such Third-Party Service.

The “Account Based Marketing” service enables Customers to display advertising in relevant formats on sites from time to time included in Happierleads’ network (“Sites”) for exposure to your selected visitors, enabling real-time advertising auctions for serving ads to such visitors (a “Campaign”). In order to access the Account Based Marketing service, the Customer must have an account with Happierleads. You can learn more about the content of our Account Based Marketing service on our Website.

When using the Account Based Marketing service and a Campaign is created, the Campaign is entered into for a determined period of time (the “Campaign Period”), which is the period of time you have requested an ad to be displayed for. For each Campaign, you have the possibility to select a maximum number of “Impressions” for the Campaign. An Impression is the exposure of an ad to a targeted company-related visitor. There is no guarantee that the maximum number of Impressions will be reached for a Campaign.

When ordering a Campaign, you agree on a fixed cost per Impression. The fees you are obligated to pay are limited to the number of Impressions that have been reached and will not exceed the budget for your Campaign (the “Campaign Budget”).

If the chosen number of Impressions is reached during the Campaign Period, the Campaign will end when it has reached its Campaign Budget. If the chosen number of Impressions has not been reached by the end of the Campaign Period, the Campaign will still end, and the Customer will only pay for the number of Impressions that have been reached during the Campaign Period.

The fees for the Account Based Marketing service can be paid by any one of the payment options offered on our Website. If you choose to pay by credit card, you are obliged to submit the necessary credit card information when ordering a Campaign. The credit card will thereafter be charged as your Campaign progresses on a weekly basis. If you choose to pay by invoice, payment is due 20 days from the date of the invoice, or as otherwise agreed by Happierleads and you. Late payment shall be subject to the addition of interest in accordance with the applicable provisions. If means of payment are not provided by you on the day of payment, we reserve the right to terminate the Campaign and invoice the fee in addition to any applicable invoice-related costs.

Interest on overdue payments shall be payable according to law. Happierleads shall be entitled to charge a fee for any payment reminders and reserves the right to send the same via e-mail to an invoice reference provided by you. You shall be responsible for the reasonable costs incurred by happierleads when collecting overdue fees.

For the sake of clarity, Happierleads does not guarantee a minimum amount of Impressions. Happierleads reserves the right to deny and/or terminate (as applicable) any Campaign which violates applicable law, Happierleads’ policies, or which is in any way or form inappropriate subject to Happierleads’ sole assessment.

Happierleads aims to not publish ads in an offensive, inappropriate, or damaging contexts. However, since we are not in control of the Sites or the material displayed on them, we cannot guarantee that this will not happen. Therefore, we disclaim all liability for any damage incurred due to the context in which your ad is displayed.

We may offer the Account Based Marketing service to other advertisers, and ads from other advertisers may be selected, prioritized or ranked in lieu of or to the detriment of your ads, and your ads may be displayed together with ads from other advertisers.

happierleads has developed and provides a tracking script which collects data from visitors to the Customer’s website when integrated on their website, that identifies company-related visitors to the Customer’s website (the “Tracking Script” and the “Lead Generation” service, respectively). To access and use the Lead Generation service, the Customer must have an account with happierleads, and download and install the Tracking Script on its website. You can learn more about the content of our Lead Generation service on our Website. happierleads does not guarantee that the Lead Generation service identifies all of your website visitors.

During the registration process, as described in Section 2 above, you select and subscribe to one of our available plans (for the Lead Generation service, the “Lead Generation Subscription Plan”). The period for the Lead Generation Subscription Plan is either on a monthly or on an annual basis, with automatic renewal periods corresponding to the length of the chosen Lead Generation Subscription Plan.

The fees related to the chosen Lead Generation Subscription Plan can be paid by any one of the payment options offered on our Website. If you choose to pay by credit card, you are obliged to submit the necessary credit card information. The credit card will thereafter be charged as per your Lead Generation Subscription Plan.

If you choose to pay by invoice, payment shall be due 20 days from the date of the invoice, or as otherwise agreed by happierleads and you. Late payment shall be subject to the addition of interest in accordance with the applicable provisions of the EU.

If means of payment are not provided by you on the day of payment, we reserve the right to freeze your account (meaning that you will not be able to access any of our Services) and invoice the fee in addition to any applicable invoice related costs.

Interest on overdue payments shall be payable according to law. happierleads shall be entitled to charge a fee for any payment reminders and reserves the right to send the same via e-mail to an invoice reference provided by you. You shall be responsible for the reasonable costs incurred by happierleads when collecting overdue fees.

The Lead Generation Subscription Plan will be automatically renewed unless the Customer cancels their Subscription Plan at least 30 days prior to the expiry of the Lead Generation Subscription Plan, unless otherwise agreed upon between happierleads and the Customer. It is the Customer’s responsibility to cancel the Lead Generation service within this period. Cancellation is completed on the Platform. You may choose to cancel your Lead Generation Subscription Plan early at your convenience, but please note that happierleads will not provide any refund of prepaid fees, and that you will pay all unpaid fees due through the end of the Lead Generation Subscription Plan.

The “happierleads Reveal” service enables real-time identification of companies using IP-to-company mapping. For this service, happierleads has developed a script (the “Reveal Script”), that receives IP addresses from a website and returns firmographic data for the company identified for that IP address. When the Reveal Script is active, it can identify your website visitors and will store the company data for that company in the website client. You can learn more about the content of the happierleads Reveal service on our Website. happierleads does not guarantee that the happierleads Reveal service identifies all of your website visitors.

In order to access the happierleads Reveal service, the Customer must have a registered happierleads account with an happierleads Reveal license. The period for the “happierleads Reveal Subscription Plan” is on a minimum of 12 months with an automatic renewal period for another 12 months, unless otherwise agreed upon between happierleads and the Customer.

The fees for the happierleads Reveal service can be paid by any one of the payment options offered and agreed upon between happierleads and you. If you choose to pay via credit card, you are obliged to submit the necessary credit card information. The credit card will thereafter be charged accordingly.

If you choose to pay by invoice, payment shall be due 20 days from the date of the invoice, or as otherwise agreed upon by happierleads and you. Late payment shall be subject to the addition of interest in accordance with the applicable provisions of the EU.

If means of payment are not provided by you on the date of payment, we reserve the right to freeze your account (meaning that you will not be able to access any of our Services) and invoice the fee in addition to any applicable invoice related costs.

Interest on overdue payments shall be payable according to law. happierleads shall be entitled to charge a fee for any payment reminders and reserves the right to send the same via e-mail to an invoice reference provided by you. You shall be responsible for the reasonable costs incurred by happierleads when collecting overdue fees.

The happierleads Reveal Subscription Plan will be automatically renewed unless the Customer cancels their subscription plan at least 30 days prior to the expiry of the of the Subscription Period, unless otherwise agreed upon between happierleads and the Customer. It is the Customer’s responsibility to cancel the happierleads Reveal service within this period. Cancellation is completed on the Platform. You may choose to cancel your happierleads Reveal Subscription Plan early at your convenience, but please note that happierleads will not provide any refund of prepaid fees, and that you will pay all unpaid fees due through the end of the happierleads Reveal Subscription Plan.

Ownership and all intellectual property rights in the Services or any content on the Services, including but not limited to patents, design rights, copyrights, trademarks, trade-secrets and proprietary know-how, shall be owned by and vested in us, or our licensor, and nothing in these Terms shall be interpreted as a transfer of such rights from us to you. You are solely entitled to the limited license to the Services specifically granted under these Terms.

Specifically, the “happierleads” trademark and all trademarks appearing on the Services are property of us or our licensors and are protected by applicable laws. Use of these trademarks is by all means prohibited.

By agreeing to these Terms, you grant happierleads a non-chargeable right to use your name, trademark and/or a hyperlink to your website in order to provide the Services, as well as for all marketing purposes of happierleads products and Services, both online and offline.

You agree that you will not use nor attempt to use any method, device, software or routine to harm others or interfere with the functioning of the Services or use and/or monitor any information in or related to the Services for any unauthorized purpose. Specifically, each user, whether authorized or unauthorized, agrees that it will not (and will not permit any of its employees, agents, and other third party to) do any of the following:

use the Services or any data contain therein or provide, link or otherwise make available, any information on the Services that is unlawful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, harmful to minors or racially, ethnically or otherwise objectionable;

You also agree not to permit any other user of the Services to access, view, download or reproduce the material for any use not permitted by us.

The Services and the content therein are provided “as is” and “as available”. We make no warranties, expressed or implied, and hereby disclaim any warranty including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, we do not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the content accessible through the Services and other services or otherwise relating to such content or on any sites linked to the Services.

We offer no guarantee that the pages, services, functions, choices and content of the Services will be provided without interruption or errors or that any mistakes or errors will be corrected. We do not guarantee that the Services or the servers through which they become available to users do not contain viruses or other harmful components, although we make every effort to ensure it.

The Services and the content therein may include technical, typographical, or photographic errors. We do not warrant that any of the materials on its website are accurate, complete, or current. We may make changes to the materials contained on its website at any time without notice. We do not, however, make any commitment to update the materials.

Unless caused by our gross negligence or intent, we shall in no event be liable for any losses or damages, whether direct or indirect (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the Services or the use or inability to use the content of the Services, even if we have been notified of the possibility of such damage.

We cannot guarantee the security of any transfer of information made via the Services. We do not assume any liability for the information contained on the Services. The Services may contain links to third-party websites which are not under our control. We are not responsible for the contents of, nor do we endorse, any third-party sites that are linked to the Services. We have not reviewed content on sites other than the Services and are not responsible for such content. We expressly disclaim responsibility for all representations made or implied in relation to products, publications or sites not owned by us.

You acknowledge and agree that nothing in these Terms constitutes an undertaking by us to provide the Services in its present form or under any specifications. We may, in our sole and absolute discretion, from time to time, make additions to, deletions from, modifications to, or change the format and features of, the Services.

You further acknowledge that we may be obliged to alter, modify or reduce the extent of the Services due to mandatory law or decisions by competent governmental authorities. If such restriction applies to the Services in a way that may affect or impair the Services, happierleads shall bear no responsibility and shall not be obliged to perform any full or partial refund of any payments made by you for any of the Services.

By using our Services, you hereby consent to our collection and use of personal data which will be made in accordance with our Privacy Policy. Personal data will not be sold to a third party and will only be used to improve happierleads´ services. Terms used in this Section 13 shall have the meaning set out in the General Data Protection Regulation (EU) 2016⁄679, unless otherwise defined in these Terms.

The Customer will share Personal Data collected with the Tracking Script (consisting of the domain from form input fields, e.g. “happierleads.com”, which may – in itself or in combination with other information – identify a living natural person), wherewith happierleads and the Customer will independently determine the purposes which the shared Personal Data may be used for. happierleads and the Customer are as such independent Controllers under these Terms for the processing of Personal Data in relation to the improvement of happierleads’ services and does not consider themselves to be Joint Controllers.

The Customer is responsible for ensuring that it is entitled to transfer Personal Data to happierleads, and that such transfers are made in accordance with applicable Data Protection Laws.

Should either party receive a request from a Data Subject or Supervisory Authority relating in whole or in part to the other party’s processing of Personal Data, the receiving party shall notify the other party without undue delay. If the request concerns both parties’ processing, the parties shall cooperate in good faith in handling the request.

Each party is obliged to inform the Data Subjects of its respective Processing as Controller of the Personal Data. Customer shall for this purpose assist happierleads by informing visitors to Customer’s website where happierleads’ tracking code is implemented of happierleads’ processing of Personal Data. happierleads shall in turn reasonably assist Customer with providing guidance to Customer on how to provide such information.

Requirement for Formal Cancellation: Customers wishing to cancel their subscription or any services provided by Happierleads must submit a formal cancellation request through the designated cancellation form available within their account settings on the Happierleads platform. The cancellation form is accessible directly under the settings in the customer’s account or via the direct link provided in our documentation and communications. This is the only recognized method for initiating a service cancellation.

No Verbal or Written Cancellations: Any attempts to cancel a subscription or service through other means, including but not limited to direct emails to support, verbal requests, or messaging through other communication channels, will not be considered valid. It is imperative for customers to follow the specified cancellation procedure to ensure their request is officially recorded and processed.

Confirmation of Cancellation: Upon submitting a cancellation request through the designated form, customers will receive a confirmation email acknowledging the receipt of their cancellation. This confirmation is a crucial step in the cancellation process, providing customers with a record of their request.

Effect of Cancellation: After a cancellation request is submitted and processed, the service or subscription will be terminated according to the terms outlined in the cancellation form. Customers should refer to the specific details provided in the form regarding the effect of cancellation on their service access and any potential charges or refunds.

Responsibility of the Customer: It is the customer’s responsibility to ensure the cancellation form is submitted in a timely manner if they wish to discontinue their service. Customers are encouraged to review their account settings and the provided link to access the cancellation form well before their intended cancellation date.

Amendments to Cancellation Policy: Happierleads reserves the right to update or modify this cancellation policy at any time. Customers are advised to regularly review the Terms of Service for any changes. Continued use of Happierleads services following the posting of any changes to the cancellation policy will constitute acceptance of those changes.

These Terms and the Services shall be governed by and constructed in accordance with the laws of , with the exclusion of its conflict of law rules.

Any dispute, controversy or claim arising out of or in connection with these Terms or the Services, or the breach, termination or invalidity thereof, shall be finally settled by arbitration administered by the Arbitration Institute of the England Chamber of Commerce (the SCC Institute). The place of arbitration shall be England. The language to be used in the arbitral proceedings shall be English, unless otherwise agreed.

The Rules for Expedited Arbitrations of the Arbitration Institute of the England Chamber of Commerce shall apply, unless the SCC Institute, taking into account the complexity of the case, the amount in dispute and other circumstances, determines, in its discretion, that the Rules of the Arbitration Institute of the England Chamber of Commerce shall apply. In the latter case, the SCC Institute shall also decide whether the arbitral tribunal shall be composed of one or three arbitrators.

The Parties undertake and agree that all arbitral proceedings conducted with reference to this arbitration clause will be kept strictly confidential. This confidentiality undertaking shall cover all information disclosed in the course of such arbitral proceedings, as well as any decision or award that is made or declared during the proceedings. Information covered by this confidentiality undertaking may not, in any form, be disclosed to a third party without the written consent of the other Party. This notwithstanding, a Party shall not be prevented from disclosing such information in order to safeguard in the best possible way his rights vis-à-vis the other Party in connection with the dispute, or if the Party is obliged to so disclose pursuant to statute, regulation, a decision by an authority or similar.