Terms of Use

1. Acceptance of Terms

By accessing or using the Happy Kite Media internal management platform at dashboard.happykitemedia.com (the "Platform"), you agree to be bound by these Terms of Use ("Terms"). If you do not agree to these Terms, you must not use the Platform.

These Terms constitute a legally binding agreement between you and Happy Kite Media ("we", "our", or "us"). We reserve the right to modify these Terms at any time, and your continued use of the Platform constitutes acceptance of any modifications.

2. Platform Description

The Platform is a private, invitation-only internal management system designed for authorized team members and business operations. The Platform provides:

• Content creation and management tools (image generation, text processing, batch operations).
• Social media management and scheduling capabilities.
• Analytics, reporting, and performance tracking dashboards.
• Team workflow and task management features.
• Account and credential management tools.
• Various specialized miniapps for business operations.

3. User Accounts

3.1 Account Creation

Accounts are created and managed exclusively by administrators. You may not create your own account. By receiving account access, you acknowledge that:

• Your account is for your personal use only and may not be shared with others.
• You are responsible for maintaining the confidentiality of your login credentials.
• You must immediately notify an administrator of any unauthorized use of your account.

3.2 Account Responsibilities

You are solely responsible for all activities that occur under your account. This includes:

• All content you create, upload, or manage through the Platform.
• Any actions taken using the Platform's tools and features.
• Ensuring your password is strong and stored securely.
• Enabling two-factor authentication (2FA) when available and recommended.

4. Acceptable Use

You agree to use the Platform only for its intended business purposes. You must NOT:

• Use the Platform for any illegal, unauthorized, or unethical purpose.
• Attempt to access areas of the Platform you are not authorized to use.
• Share your login credentials with any third party.
• Upload or distribute any malicious software, viruses, or harmful code.
• Attempt to reverse engineer, decompile, or hack any part of the Platform.
• Interfere with or disrupt the Platform's operation or infrastructure.
• Scrape, mine, or collect data from the Platform using automated means without authorization.
• Use the Platform to infringe on the intellectual property rights of any third party.
• Use the Platform to generate, store, or distribute content that is defamatory, obscene, or harmful.

5. Intellectual Property

5.1 Platform Ownership

The Platform, including its design, source code, features, functionality, and all related intellectual property, is owned by Happy Kite Media and is protected by copyright, trademark, and other intellectual property laws.

5.2 License to Use

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform solely for authorized internal business purposes, subject to these Terms.

5.3 Restrictions

You may not:

• Copy, modify, or distribute any part of the Platform without prior written consent.
• Use the Platform's branding, logos, or trademarks without authorization.
• Create derivative works based on the Platform or its components.

6. User Content

6.1 Content Ownership

You retain ownership of the content you create and upload through the Platform. However, by using the Platform, you grant Happy Kite Media a non-exclusive, worldwide, royalty-free license to use, store, process, and display your content as necessary to provide and operate the Platform's services.

6.2 Content Standards

All content created, uploaded, or shared through the Platform must:

• Comply with all applicable laws and regulations.
• Not infringe upon the intellectual property rights of any third party.
• Not contain any illegal, harmful, threatening, abusive, or hateful material.
• Be appropriate for the intended business context.

6.3 Content Removal

We reserve the right to remove any content that violates these Terms or that we deem inappropriate, without prior notice.

7. Privacy

Your use of the Platform is also governed by our Privacy Policy, which describes how we collect, use, and protect your personal information. By using the Platform, you consent to the practices described in our Privacy Policy.

8. Service Availability

We strive to maintain the Platform's availability at all times. However:

• We do not guarantee uninterrupted, error-free, or secure access to the Platform.
• The Platform may be temporarily unavailable due to maintenance, updates, or unforeseen circumstances.
• We reserve the right to modify, suspend, or discontinue any feature of the Platform at any time without prior notice.
• We are not liable for any loss or damage resulting from Platform downtime or unavailability.

9. Limitation of Liability

To the fullest extent permitted by applicable law:

• The Platform is provided on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind, either express or implied.
• We disclaim all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
• In no event shall Happy Kite Media, its directors, employees, or agents be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of the Platform.
• Our total liability for any claim arising from or related to these Terms shall not exceed the amount you paid us in the twelve (12) months preceding the claim, or $100 USD, whichever is greater.

10. Indemnification

You agree to indemnify, defend, and hold harmless Happy Kite Media and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with:

• Your access to or use of the Platform.
• Your violation of these Terms.
• Your violation of any third-party rights, including intellectual property rights.
• Any content you create, upload, or share through the Platform.

11. Termination

We may terminate or suspend your access to the Platform immediately, without prior notice or liability, for any reason, including but not limited to:

• Breach of these Terms.
• Request by an administrator.
• Extended period of inactivity.
• Discontinuation of the Platform or any of its features.

Upon termination, your right to use the Platform will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, and limitations of liability.

12. Governing Law

These Terms shall be governed by and construed in accordance with applicable laws, without regard to conflict of law principles. Any disputes arising from these Terms or your use of the Platform shall be resolved through good-faith negotiation. If negotiation fails, disputes shall be submitted to binding arbitration.

13. Changes to Terms

We reserve the right to modify these Terms at any time. Material changes will be communicated by updating the "Last Updated" date at the top of this page. Your continued use of the Platform after any changes constitutes acceptance of the new Terms.

14. Contact

If you have any questions about these Terms, please contact us: