Effective Date: 01 September 2025
1. Terms of Service and User Agreement
These Terms of Service and User Agreement (“Agreement”) apply to your access and use of pingmehappy.com and any related mobile applications, including our digital messaging services and animated greetings (each such greeting, when sent with a personalised message, referred to as a “Ping”) (collectively, the “Ping Me Happy Platforms”). Please read this Agreement carefully before using our services.
This Agreement is between you (“you” or “your”) and Ingenious Partners Limited trading as Ping Me Happy (“Ping Me Happy”, “we”, “us”, or “our”), a company registered in England and Wales with company number 13362245 and registered office at Suite 132, 123 Stratford Road, Shirley, Solihull, B90 3ND, United Kingdom. By accessing, browsing, or using the Ping Me Happy Platforms, including purchasing any of our products or services, you confirm that you have read, understood, and agree to be bound by this Agreement, as well as our Privacy Policy and any applicable guidelines or additional terms (“Additional Terms”). Where Additional Terms apply to a specific service or promotion, they will take precedence in the event of a conflict with this Agreement.
This Agreement governs your use of all content and functionality available through our website and mobile apps, regardless of whether you access it via a computer, smartphone, tablet, or other device. To use the Ping Me Happy Platforms, you must ensure that your device and software meet the minimum system requirements. These are subject to change, and it is your responsibility to maintain compatibility.
In some cases, you may access Ping Me Happy through third-party platforms, such as the Apple App Store or Google Play (each, an “App Platform”). You acknowledge and agree that:
- This Agreement is solely between you and Ping Me Happy, not the App Platform.
- The App Platform is not responsible for the Ping Me Happy services.
- Ping Me Happy is responsible for addressing any issues related to the App or its content.
- If you do not agree to the terms of this Agreement, you must not use or access the Ping Me Happy Platforms.
This Agreement is governed by the laws of England and Wales. Any disputes or claims arising out of or in connection with this Agreement, the services, or the products shall be subject to the exclusive jurisdiction of the courts of England and Wales.
2. How to Contact Us
Ingenious Partners Ltd, Suite 132, 123 Stratford Road, Solihull, B90 3ND, UK.
Customer Support Hours: Monday to Friday, 9:00 AM to 5:00 PM (GMT)
Email: ping@pingmehappy.com
For answers to common queries about using Ping Me Happy, please visit our FAQ page.
3. Personal Accounts
To access and purchase Products or Services through the Ping Me Happy Platform, you’ll need to create a personal account (“Personal Account”). You must be at least 13 years old to register. If you are under 18, you must have permission from a parent or legal guardian before creating an account or making purchases.
When you create a Personal Account, you agree that all the information you provide will be accurate, complete, and kept up to date. Your account will be protected in accordance with our Privacy Policy, but you are also responsible for maintaining the security of your login credentials and ensuring that your account remains confidential.
You are fully responsible for all activity that takes place through your account, whether you or anyone uses your credentials. Using someone else’s account or allowing unauthorised access to your own is strictly prohibited and may result in the suspension or closure of your account.
If you believe your account has been compromised, or if there has been any loss, theft, or misuse of your password or payment details, you must notify us immediately
Ping Me Happy may suspend or terminate your account at any time if it is found to be involved in fraudulent, abusive, or unlawful activity. In certain cases, we may share personal information from your account with relevant authorities if we believe it is necessary to investigate potential misuse or protect the safety of users or others
Important: We do not knowingly collect, store, or process personal information from children under the age of 13. If we learn that we have collected personal data from a child under 13 without verified parental consent, we will delete the information as quickly as possible. If you believe we might have any information from or about a child under 13, please contact us immediately at ping@pingmehappy.com.
Ping Me Happy reserves the right to refuse service, close accounts, or cancel orders if these terms are violated.
Your personal information will be used solely as described in our Privacy Policy and Cookie Policy, which may be updated from time to time. You may view our Cookie Policy here.
4. Content Guidelines for Personalised Pings
Ping Me Happy is committed to maintaining a safe, respectful, and lawful environment on its Platforms. While we do not continuously monitor all activity, we reserve the right to investigate any reported misuse, protect our services, and enforce this policy as necessary.
By submitting personalised content for use in any Ping Me Happy product or service, you agree to comply with the following content guidelines in both letter and spirit. Any content you submit must be appropriate, lawful, and respectful. You must not upload, submit, or use any content which:
- Contains information that is knowingly false, misleading, defamatory, abusive, threatening, harassing, or is likely to cause distress, annoyance, or offence to any individual;
- Is obscene, indecent, or sexually explicit, or contains content that implies or promotes sexual conduct or innuendo;
- Incites or promotes discrimination, hatred, or violence based on race, ethnicity, nationality, gender, religion, disability, sexual orientation, or age;
- Harasses, bullies, degrades, or threatens any person, or advocates or encourages self-harm, eating disorders, or suicide;
- Violates any applicable laws, regulations, or third-party rights, including intellectual property laws and data protection regulations;
- Includes or infringes upon the intellectual property rights, image rights, or privacy rights of any individual or entity without appropriate consent or legal authorisation;
- Contains another person’s personal data or likeness without their express written permission;
- Undermines, damages, or tarnishes the reputation, goodwill, or brand integrity of Ping Me Happy, its licensors, partners, or affiliates;
- Contains political messages, campaign slogans, or content that promotes or opposes any political stance or organisation;
- Includes malicious software, harmful code, viruses, or any other element designed to interfere with or disrupt the operation of the Ping Me Happy platform or any third-party service;
- Is unlawful, fraudulent, or promotes illegal activity.
We reserve the right to refuse to process or deliver any Ping containing content that violates these terms, and may take further action as deemed appropriate, including the suspension or termination of your account.
Additionally, you agree not to use the Ping Me Happy Platforms to:
- Attempt to access or steal login credentials, financial information, or other sensitive data.
- Falsely represent yourself or conceal the origin of any content or message.
- Advertise or promote goods or services not offered through Ping Me Happy, including pyramid or multi-level marketing schemes.
- Impersonate any individual, user, or entity.
- Publicly disclose another person’s private information without consent, such as addresses, phone numbers, email addresses, or payment details.
- Cause damage to Ping Me Happy’s Platforms, infrastructure, or users’ devices.
If you access Ping Me Happy via a third-party app store or platform, you must comply with their respective terms and conditions as well.
You are fully responsible for all content you create, share, or send through your Ping Me Happy account and the Platforms.
Ping Me Happy allows you to add a personalised message to accompany each Ping. By submitting any content (including personalised messages), you confirm that:
- The content is your original work, or you have the necessary rights or permissions to use it;
- It complies with all applicable laws;
- It does not infringe any third-party rights, including intellectual property, privacy, or publicity rights.
While you retain full ownership of your content, by submitting it, you grant Ping Me Happy a non-exclusive, royalty-free, worldwide licence to use, store, transmit, reproduce, adapt, and display the content solely to:
- Deliver your order as intended;
- Operate, support, and improve our services and platform functionality;
- Enhance the user and recipient experience, including previewing and presenting Pings on the platform.
This licence remains in effect for as long as necessary to fulfil these purposes, even if your content is later removed or your account is closed.
All submitted content is treated as non-confidential and non-proprietary, unless expressly stated otherwise in our Privacy Policy. We may preserve or disclose content where required for fraud prevention, legal compliance, or enforcement of our Terms.
You acknowledge that your content may be processed using automated systems (including AI) for purposes such as moderation, formatting, or delivery, in accordance with our Privacy Policy.
Please note: once a message has been delivered, it may be saved, forwarded, or shared by recipients or third-party platforms. Ping Me Happy is not responsible for how others view, share, or respond to your message after it has been sent.
While we reserve the right to moderate content, we do not actively monitor all messages, and you remain solely responsible for anything you submit to the Platform.
5. Failure to Comply with Content Guidelines
Failure to comply with the Content Guidelines set forth in these Terms constitutes a material breach and may result in the following actions, which will be taken at our sole discretion:
- The immediate, temporary, or permanent suspension or revocation of your access to the Ping Me Happy platform, including but not limited to limitations on your ability to purchase, send, or access personalised Pings and related services;
- The issuance of a formal warning outlining the specific violation and the corrective measures required to remedy the breach and prevent further misconduct;
- The commencement of legal proceedings against you, including the pursuit of full compensation for any costs, damages, or losses arising from your breach of these Terms, which may include legal fees, administrative expenses, and any court-related costs;
- The disclosure of relevant information to law enforcement authorities where such disclosure is required by applicable law or regulation, or where we reasonably believe it is necessary to comply with legal obligations or to protect the rights, property, or safety of Ping Me Happy, its users, or third parties;
- No liability shall attach to Ping Me Happy for any measures taken in response to a breach of these Terms. We reserve the right to take any action we deem appropriate and proportionate in light of the circumstances, and nothing in these Terms shall limit our ability to enforce them as we see fit.
6. Limitation of Liability for User-Generated Content
Ping Me Happy is not responsible or liable for any personal content transmitted by users or third parties. By using our platform, you acknowledge that all content sent through our services is the sole responsibility of the sender, and Ping Me Happy disclaims any liability for any direct, indirect, incidental, or consequential damages arising from such content. Users are responsible for ensuring that their communications comply with all applicable laws and regulations.
7. Prohibited Practices and Usage Controls
You are prohibited from using the Ping Me Happy Platforms to send electronic messages, animated Pings, or any other content to mailing lists, recipients for whom you lack full authorisation, or to distribute unsolicited bulk or commercial communications. The use of automated tools or scripts that send or access Materials on your behalf is strictly forbidden.
Ping Me Happy reserves the right, at its sole discretion and without prior notification, to restrict or limit the quantity of electronic messages, Pings, or other content you can send, as well as the number of recipients you may reach.
You bear full responsibility for all actions and communications carried out through your Ping Me Happy account and via the Platforms. While we do not actively control the content you send, we retain the right to review any User Content or transmissions to ensure they comply with this Agreement.
8. Product Representations
Visual previews of Pings on the Ping Me Happy platform are provided for illustrative purposes only. While we strive to display colours, animations, and designs as accurately as possible, we cannot guarantee that your device’s screen or browser will perfectly represent the final delivered Ping. Minor variations may occur between the preview and the version received by the recipient via email, WhatsApp, or other supported channels.
Personalised Pings – A Ping is considered “personalised” if it contains content entered or selected by you at checkout, including but not limited to names, custom messages, or recipient details. It is your responsibility to ensure all information submitted is accurate, including the correct spelling, formatting, and delivery details such as email address or mobile number. Ping Me Happy accepts no liability for delivery failures or content errors resulting from incorrect user input.
By submitting personalised content, you confirm that you own or have permission to use all content provided. You hereby grant Ping Me Happy a non-exclusive, royalty-free, worldwide, and irrevocable licence to use, reproduce, adapt, transmit, and distribute that content solely to fulfil your order and for internal operational or promotional use.
9. Social Sharing of Pings
When you choose to share your Ping Me Happy message (“Ping”) via social media, email, or other third-party platforms (“Sharing Features”), you acknowledge and accept the following terms. These Sharing Features may involve the transfer of information from the Ping Me Happy Platform to external services beyond our control. By using these Sharing Features, you consent to the potential disclosure of personal or identifiable information, including the content of your Ping, to the intended recipients or broader audiences. Use of these features is entirely optional and at your own discretion. Ping Me Happy and its affiliates are not liable for how your shared Pings are used, displayed, or redistributed by third-party services or users. We strongly encourage you to review any prompts or information provided by third-party platforms to understand how your data and content may be accessed or used once shared.
10. Purchases and Payment Terms
Certain features on the Ping Me Happy Platforms, including the purchase of electronic Pings, digital products, memberships, subscriptions (monthly or annual), gift cards, and related services (collectively, the “Products and Services”), may require payment of fees, as well as applicable handling and sales taxes. You agree to pay all amounts displayed to you during checkout or as detailed on your receipt. Please note that all sales are final. Products and Services are non-refundable and non-returnable once you have subscribed, sent, or downloaded any digital content from the Ping Me Happy Platforms.
The availability and content of Products and Services may change at any time at Ping Me Happy’s sole discretion. For content purchased on a pay-as-you-go basis (such as a single Ping), you may use that content once. Any additional sends of the same content require a new purchase. No refunds will be issued for pay-as-you-go purchases once used or downloaded.
For subscription-based Products and Services (monthly or annual plans), your subscription will automatically renew at the end of each term unless you cancel before the renewal date. Subscription fees are non-refundable for the current billing period, including partial use. You are responsible for managing your subscription and cancellation through your account.
Certain features on the Ping Me Happy Platforms, including the purchase of electronic Pings, digital products, memberships, subscriptions (monthly or annual), gift cards, and related services (collectively, the “Products and Services”), may require payment of fees, as well as applicable handling and sales taxes. You agree to pay all amounts displayed to you during checkout or as detailed on your receipt. Please note that all sales are final. Products and Services are non-refundable and non-returnable once you have subscribed, sent, or downloaded any digital content from the Ping Me Happy Platforms.
The availability and content of Products and Services may change at any time at Ping Me Happy’s sole discretion. For content purchased on a pay-as-you-go basis (such as a single Ping), you may use that content once. Any additional sends of the same content require a new purchase. No refunds will be issued for pay-as-you-go purchases once used or downloaded. For subscription-based Products and Services (monthly or annual plans), your subscription will automatically renew at the end of each term unless you cancel before the renewal date. Subscription fees are non-refundable for the current billing period, including partial use. You are responsible for managing your subscription and cancellation through your account.
11. Placing an Order
To place an order, you must create an online account using your real name and a valid email address. Orders are completed when you confirm your purchase during the checkout process. By confirming your order, you agree to be bound by these Terms.
- Acceptance of Your Order
Your order is accepted and a binding contract is formed when we send you an order confirmation via email. - Non-Acceptance of Orders
If we cannot accept your order, we will notify you by email and issue a refund. Reasons for non-acceptance may include duplicate orders, content issues, violations of our Terms and Conditions, payment problems or suspected fraud, and invalid or expired promotional codes. - Order Number
Each order will be assigned with a unique order number, which will be included in your confirmation email. Please refer to this number in all communications related to your order.
12. Payment of Fees, Charges, and Taxes
You agree to pay all fees, charges, and taxes incurred in connection with your Personal Account at the rates applicable during the billing period in which these fees arise. Ping Me Happy reserves the right, at its sole discretion, to charge these fees to the payment method linked to your Personal Account. You must provide accurate, current, and complete payment information to Ping Me Happy or its third-party payment processors. By submitting payment details, you represent and warrant that you are authorised to use the credit card(s) or other payment methods used to complete transactions. Billing takes place at the time of purchase, and fees are subject to change without prior notice.
All purchases will include applicable taxes based on the billing address you provide in your Personal Account. Tax exemptions are not available for purchases made on the Ping Me Happy Platform.
United Kingdom: Prices shown include Value Added Tax (VAT) at the prevailing UK rate.
European Union: Prices include VAT at the rate applicable to your country of residence, as required by the EU VAT Directive and related legislation governing digital services.
United States: Prices exclude applicable state and local sales taxes, which will be calculated and added during checkout according to the tax laws of your jurisdiction.
While we strive to ensure all pricing and tax information is accurate and current, Ping Me Happy reserves the right to correct any errors or omissions. In the event of a pricing mistake after an order has been placed, we may cancel the order and issue a full refund where appropriate.
13. Subscription Billing
When you subscribe to become a member through the Ping Me Happy Platform (a “Subscription”), we will charge the applicable Subscription fee to the most recent payment method you have provided in your account, at the current price listed on the platform.
From time to time, we may offer trial periods allowing new users to access many Subscription benefits temporarily. During a trial, certain features may be limited or unavailable, including the ability to set up or send future Pings. Sending Pings beyond the trial is only available to active paid Subscribers. If you cancel your Subscription during the trial period, no charges will be made to your payment method. If you do not cancel before the trial ends, we will automatically bill the Subscription fee to your saved payment method.
If you use a promotional or gift code to activate a Subscription, you might still need to provide payment details (such as a credit card) to access the Subscription benefits for the promotional or gift term. During this period, your payment method will not be charged. After the promotional or gift term expires, if you choose to continue your Subscription, the applicable Subscription fee will be charged to the payment method you have on file or are asked to provide at that time. Some promotional or gift Subscriptions may not require payment details upfront; however, if you decide to keep your membership active beyond the promotional term, you will need to submit payment information to maintain your Subscription benefits.
14. Automatic Renewal
When you purchase a Subscription, it will automatically renew at the conclusion of each Subscription period. By enrolling, you authorise Ping Me Happy (or its designated payment processor) to charge your chosen payment method the then-current Subscription fee, including any applicable handling, and sales taxes, without needing additional approval from you. After each payment, we will provide you with a receipt confirming the transaction. You can review, update, or cancel your Subscription anytime by accessing your Personal Account.
15. Cancellation and Refund Policy
When you cancel your Subscription membership, you are opting to stop any future payments associated with your Subscription. You may cancel at any time; however, your cancellation will take effect only at the end of the current billing cycle. You can view the end date of your current period within your Personal Account.
To prevent any further charges, you must ensure your cancellation is completed before the current Subscription period expires. Please note, if you have subscribed to multiple Products or Services, canceling one Subscription may not automatically cancel others.
Cancellation instructions are available in our FAQ’s, or you may contact our customer support team via our contact form for further assistance.
Except where required by law, all Subscription fees are non-refundable. Upon cancellation, you will not receive any reimbursement for the unused portion of your Subscription term. Unless otherwise stated in this Agreement or mandated by applicable law, your access to Subscription benefits will continue until the end of your current billing period.
We maintain the discretion to provide refunds in exceptional cases but are under no obligation to offer similar refunds in the future.
16. Gift Cards
Gift cards (“Gift Cards”) are issued by a third party and can only be redeemed through the Ping Me Happy Platform within the United States, the United Kingdom, the European Union, and their respective territories. Unused balances on Gift Cards are not redeemable for cash (except where required by applicable law), and cannot be returned for a cash refund, exchanged, resold, or used to purchase other Gift Cards. Unused balances are also non-transferable.
The value of each Gift Card is set at one-tenth of one cent. Ping Me Happy is not responsible for Gift Cards that are lost, stolen, destroyed, or used without your permission. Ownership and risk related to a Gift Card transfer to the purchaser once the card is electronically delivered to the purchaser, recipient, or the carrier, whichever occurs first.
17. Delivery
Digital products (“Pings”) will be made available to the designated recipient either immediately, on the same day, or on the scheduled delivery date selected by you during the checkout process. Accessing or viewing a Ping counts as delivery of digital content.
You are solely responsible for providing accurate and complete electronic delivery details, including, without limitation, valid email addresses, WhatsApp numbers, and any necessary credentials for use of the Ping Me Happy App. Failure to do so may result in unsuccessful or delayed delivery, for which we shall bear no responsibility.
Pings are delivered through various digital platforms, including but not limited to email, WhatsApp, and the Ping Me Happy mobile application. While we will take all reasonable steps to ensure successful delivery, we accept no liability for any delay, non-delivery, or interruption arising from circumstances beyond our control, including but not limited to third-party platform outages, technical malfunctions, or service disruptions (e.g., failures involving WhatsApp, email providers, Apple App Store, or Google Play).
We shall not be held liable for any failure to deliver or any delay in delivery resulting from inaccurate or incomplete delivery information provided by you, or from technical or operational failures of third-party services. In such instances, no compensation, refund, or redelivery will be offered for any resulting loss, inconvenience, or damage.
18. Charitable Contributions
As part of our commitment to corporate social responsibility, we allocate a portion of our gross revenue to support charitable causes. The percentage of revenue donated may vary depending on the selected charitable organisations and prevailing business conditions. We reserve the right to adjust this percentage at our discretion, with any changes communicated through our official channels.
Charitable organisations are selected solely by us, based on factors including, but not limited to, impact, transparency, and alignment with our core values. The list of supported organisations is subject to periodic review and may be updated from time to time. Information regarding currently supported charities will be made available on our website and official social media accounts.
Donations are made at regular intervals throughout the calendar year in accordance with our internal giving schedule and the timing of specific campaigns. For the purpose of calculating contributions, “gross revenue” refers to total revenue derived from sales or services, excluding returns, discounts, taxes, and any other applicable deductions.
We are committed to transparency in our charitable initiatives and will publish annual reports detailing the total contributions made and the recipient organisations. These contributions are made solely from our own revenue and incur no additional cost to our customers. Customers are not entitled to claim these contributions as tax-deductible donations, as the donations are made by us and not on behalf of any customer.
We reserve the right to amend, suspend, or terminate the charitable contribution programme at any time and without prior notice. Any modifications will be reflected in this section of our Terms and Conditions.
19. Disclaimer of Warranties
The Ping Me Happy Platforms including all content, features, messages, products, services, digital cards, apps, widgets, mobile features, and social sharing tools—are provided on an “as is” and “as available” basis. While we strive to offer the best possible experience, we make no guarantees that our Platforms will always be available, secure, error-free, or free from bugs, viruses, or other harmful components.
To the fullest extent permitted by applicable law, Ping Me Happy and its affiliates, directors, officers, employees, licensors, suppliers, agents, and partners disclaim all warranties, express or implied, including (but not limited to) warranties of merchantability, fitness for a particular purpose, title, non-infringement, and satisfactory quality.
However, nothing in these Terms excludes or limits any statutory rights or warranties you may have under applicable UK or US consumer protection laws, including your right to receive services provided with reasonable care and skill and fit for purpose. If any part of the Platforms or Services is found not to meet legal standards, your statutory rights as a consumer will apply.
We do not warrant that your use of the Platforms will be uninterrupted or that the content will be accurate, reliable, or up to date. You use the Ping Me Happy Platforms entirely at your own risk. We are not responsible for third-party content shared or displayed through our Platforms, and we do not endorse any advice, information, or opinions expressed by users or third parties.
You also acknowledge that there may be occasional technical or human errors, delays, or interruptions in the delivery of digital messages or cards, and we are not liable for any consequences resulting from such issues. We are not responsible for cards or content not reaching recipients on the specified date or time.
If you access our Platform through an app store or third-party platform, please note that the app provider is not responsible for support, maintenance, or handling user claims related to the app. Any issues regarding the app’s performance, functionality, or compliance with legal standards should be directed to us.
20. Limitation of Liability and Waiver
To the fullest extent permitted by applicable law, Ping Me Happy and its affiliates, officers, employees, partners, licensors, and service providers (“Ping Me Happy Parties”) shall not be liable to you or any third party for any loss or damages of any kind, whether direct, indirect, incidental, consequential, special, punitive or exemplary (including, without limitation, lost profits, loss of goodwill, data loss, computer or device failure, or legal fees), arising out of or relating to:
- Your access to or use of, or inability to access or use, the Ping Me Happy Platforms;
- Any failure, delay, or interruption in delivery or receipt of Pings;
- Any unauthorised access to or use of our servers or systems;
- Errors, bugs, viruses, or other harmful code transmitted through our Platforms;
- Any third-party conduct or content;
- Your reliance on content provided by us or other users;
- Any other matter relating to the use or performance of the Ping Me Happy Platforms.
- This limitation applies even if the Ping Me Happy Parties have been advised of or should have known of the possibility of such damages, and regardless of the legal theory (contract, tort, negligence, strict liability or otherwise) under which such damages are claimed.
In all cases, our total liability to you for any claims arising from or related to your use of the Ping Me Happy Platforms shall not exceed the greater of:
- The amount you paid to Ping Me Happy (if any) in the twelve months prior to the event giving rise to the claim; or
- £50 (or the equivalent in your local currency).
Nothing in these Terms excludes or limits our liability where it would be unlawful to do so, including liability for:
- Death or personal injury caused by our negligence;
- Fraud or fraudulent misrepresentation;
- Any statutory rights that cannot be excluded under UK or US consumer law.
Your sole remedy for dissatisfaction with the Ping Me Happy Platforms or any content, service, or feature available through them is to stop using the service.
If you are accessing the Platforms from the United States, you acknowledge and agree that you may be waiving rights under Section 1542 of the California Civil Code and similar provisions in other states, which states:
“A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favour at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
21. Indemnification
You agree to indemnify and hold harmless Ping Me Happy and its affiliates, officers, employees, and agents from any claims, losses, damages, or expenses arising from your use of the Platforms, your breach of these Terms, or infringement of third-party rights. We reserve the right to assume the exclusive defence and control of any matter subject to indemnification.:
- Any content or material you submit, upload, post, or otherwise provide via the Ping Me Happy Platforms;
- Your use of the Platforms or any activities in connection with them;
- Your breach of these Terms of Service or any applicable laws or regulations;
- Any infringement or alleged infringement by you (or any person using your device or account) of any intellectual property, privacy, or other rights of a third party;
- Any misrepresentation or false information provided by you; or
The use of your personal information by Ping Me Happy as outlined in our Privacy Policy or other agreements between you and us.
We reserve the right to assume exclusive control of the defence of any claim subject to this indemnification, at our own expense. You agree to cooperate with us in defending such claims and not to settle any matter without our prior written consent.
22. Terminating the Contract
Your Right to Terminate
Your rights to terminate the contract depend on the nature of the product or service you purchased, whether any issues exist, how we’ve performed our obligations, and when you decide to cancel.
If our performance fails to meet expectations due to delays, errors, material changes, or other significant issues, you may have grounds to terminate the contract. Please review these terms carefully and contact our Customer Service Team if you have any questions or concerns.
You may terminate the contract immediately and receive a full refund for any products or services not provided if:
- We have made a significant change to the product, service, or terms that you do not agree with;
- There was a pricing or description error that you do not accept;
- There is a risk of significant delivery delay beyond our control;
- We have suspended the service for legal or technical reasons or have notified you of our intention to do so.
You also have a legal right to terminate the contract if we have done something wrong. In such cases, you may be entitled to:
- A refund for any unused portion of a monthly subscription;
- A full or partial refund of an annual subscription if cancelled within the 14-day cooling-off period.
Note: After the cooling-off period, annual subscriptions are non-refundable.
You may also be entitled to compensation if applicable under consumer law.
These rights apply only as outlined above and do not affect any disclaimers, waivers, or limitations of liability included in this Agreement, which remain fully in effect.
How to Raise a Problem
If you have any questions or concerns about your order, please contact our Customer Service Team. Be sure to include your order number, the email associated with your account, and full details of the issue. We aim to acknowledge all complaints within 14 days and resolve them within 28 days.
Our Right to Terminate
We may terminate the contract at any time by providing written notice if you breach these Terms.
Compensation for Breach
If we end the contract due to your breach, we will refund any advance payments for products or services not provided. However, we may deduct or charge a reasonable amount to cover costs incurred as a result of your breach.
23. Consumer Contracts Regulations 2013 (UK)
For most products bought online, you have a legal right to change your mind within 14 days and receive a refund.
Purchasing a digital product
You have 14 days after the day we email you to confirm we have accepted your order, or, if earlier, until the email containing the product has been opened. If we delivered the digital content to your intended recipient immediately and you agreed to this when ordering, you will not have a right to change your mind.
Terminating the Contract Without Fault
Even if we are not at fault and you do not have a right to change your mind (see section 11), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for sending a product is completed when the product is delivered and paid for. If you want to end a contract before it is completed and we are not at fault and you have changed your mind, contact us to let us know. The contract will end immediately, and we will refund any sums paid by you for any product not provided, but we may deduct from that refund reasonable compensation for the net costs we will incur as a result of your ending the contract.
We are obligated by law to provide products that fully comply with the specifications and standards outlined in these Terms. This includes ensuring that the products meet the quality, description, and performance criteria expected by consumers, as well as adhering to any relevant regulations and legal requirements.
The Consumer Rights Act 2015 stipulates that digital content must be as described, fit for purpose, and of satisfactory quality:
- If your digital content is faulty, you are entitled to a repair or replacement.
- If the fault cannot be fixed, or if it has not been resolved within a reasonable time and without causing significant inconvenience, you may be eligible for a partial or full refund.
- If you can demonstrate that the fault has damaged your device due to our lack of reasonable care and skill, you may be entitled to a repair or compensation. For further details, please refer to section 11.
24. Intellectual Property
The Ping Me Happy platform, including all current and future versions of the website, app, and related services, contains materials that are protected by intellectual property rights. These materials include, but are not limited to: text, images, animations, graphics, design, layout, logos, trademarks, service marks, branding elements, audio and video content, code (whether source or object), interactive features, downloadable items, digital experiences, artwork, data compilations, the overall look and feel of the platform, and any other content, software, or information provided by or through Ping Me Happy (collectively referred to as “Materials”)
The Ping Me Happy platform, including all current and future versions of the website, app, and related services, contains materials that are protected by intellectual property rights. These materials include, but are not limited to: text, images, animations, graphics, design, layout, logos, trademarks, service marks, branding elements, audio and video content, code (whether source or object), interactive features, downloadable items, digital experiences, artwork, data compilations, the overall look and feel of the platform, and any other content, software, or information provided by or through Ping Me Happy (collectively referred to as “Materials”)
Subject to your full and continued compliance with these Terms and any applicable additional terms, Ping Me Happy grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to access and view the Materials for your own personal, non-commercial use. This includes use of our mobile applications in accordance with the usage rules of the relevant app platform (such as the Apple App Store or Google Play). No part of the Materials may be used in any other way unless expressly permitted in writing by us.
This licence does not grant you ownership or any other rights to the Materials. Except for the limited licence granted above, nothing in these Terms or on the Ping Me Happy platform gives you any licence or right to use, copy, modify, publish, transmit, reverse engineer, decompile, distribute, create derivative works from, frame, extract data from, or otherwise exploit the Materials or any part of our services.
You agree that you will not:
- You agree that you will not:
- Attempt to access, reverse engineer, or extract any source code or object code from our applications or services;
- Introduce any viruses, bots, scrapers, or other software intended to interfere with the operation of our platform;
- Overload or disrupt our technical infrastructure or security systems;
- Use any data mining, harvesting, or extraction methods without our prior written consent.
- Ping Me Happy reserves all rights not expressly granted in these Terms. Misuse of the platform or any Materials may result in immediate termination of access and potential legal action.
25. Limited Rights for Personal Sharing
Ping Me Happy grants you a limited and revocable right, under the terms of this Agreement, to share certain Materials for personal, non-commercial purposes. This includes the ability to distribute content through what we call “Social Distribution.”)
You may:
- Share Materials with friends or acquaintances, or display them on your own personal, non-commercial website – provided you do not charge for access or place them alongside any form of advertising or promotional content.
- Post Materials on external platforms that allow user-generated content (such as social media sites), as long as doing so complies with the terms and policies of that platform and does not involve charging users or associating the Materials with other products, services, or advertisements.
When you use Materials in this way, you must not make any claims, representations, or endorsements about Ping Me Happy products or services. Only Ping Me Happy is authorised to make public statements, promises, or guarantees regarding its brand. Additionally, you must not suggest or imply that your use of the Materials means you are officially connected to or endorsed by Ping Me Happy.
Unless expressly permitted in this Agreement, you may not reproduce, license, distribute, or otherwise commercially exploit any part of the Materials.
Ping Me Happy may revoke this sharing permission at any time and for any reason. If notified of a revocation, you agree to immediately stop any form of Social Distribution and follow any new guidelines we publish in relation to content sharing.
26. Our Platform
We make every effort to ensure that our Platform remains accessible 24 hours a day, seven days a week. However, due to circumstances beyond our control, including but not limited to server maintenance, technical malfunctions, or network issues, we cannot guarantee uninterrupted access at all times.
As such, we shall not be held liable for any unavailability of the Platform, whether for a specific duration or due to any specific cause. Users acknowledge and accept that access to our Platform may be temporarily suspended or limited, and we will not be responsible for any consequences resulting from such unavailability.
From time to time, our Platform may contain links to third-party websites or resources, which are provided solely for your convenience. These links are intended to facilitate access to additional information and services that may be of interest to you. However, we do not endorse or take responsibility for the content, accuracy, or reliability of these external sites, nor do we guarantee their availability or functionality.
By clicking on these links and accessing third-party websites, you acknowledge that we have no control over the content or practices of these sites.
Consequently, we cannot be held liable for any loss, damage, or inconvenience you may experience as a result of using these external resources, including but not limited to issues related to service interruptions, inaccuracies in information, or any other problems that may arise.
You are advised to review the terms and conditions and privacy policies of any third-party websites you visit, as they may differ significantly from our own policies. Your decision to access and use these linked third-party websites is made entirely at your own risk, and you assume full responsibility for any consequences that may result from such actions.
27. Mobile Features
If you access the Ping Me Happy Platform via a third-party app store such as Apple App Store or Google Play, you must comply with their respective usage terms. These platforms are not responsible for support, maintenance, or compliance of the Ping Me Happy App. Any issues relating to the app’s performance or functionality should be directed to Ping Me Happy support.
Ping Me Happy Platforms may include features designed specifically for mobile use. These features may include, but are not limited to, uploading personalised content, receiving alerts (such as SMS, MMS, push notifications, WhatsApp messages, or in-app notifications), downloading our mobile applications, or accessing key features directly from your mobile device (“Mobile Features”).
Please note that some Mobile Features may incur additional charges, either from Ping Me Happy or from your mobile service provider. These may include standard data rates, messaging fees, or other costs, which may appear on your bill or reduce your pre-paid balance. As not all networks or devices support every feature, your access may vary depending on your mobile provider or device specifications. Please consult your provider if you have questions about compatibility or charges.
Please note that some Mobile Features may incur additional charges, either from Ping Me Happy or from your mobile service provider. These may include standard data rates, messaging fees, or other costs, which may appear on your bill or reduce your pre-paid balance. As not all networks or devices support every feature, your access may vary depending on your mobile provider or device specifications. Please consult your provider if you have questions about compatibility or charges.
While we aim to ensure reliable delivery of mobile communications, Ping Me Happy is not liable for failures beyond our control. This includes, but is not limited to:
- The recipient declining or blocking the message;
- The recipient’s mobile plan or device not supporting multimedia content;
- Network or carrier outages;
- Disrupted or unstable internet or signal connections;
- Incompatibility between the recipient’s device and video messages.
Refunds will not be issued for messages undelivered due to such circumstances where responsibility lies with third-party providers or the recipient’s device or network.
When sending a Ping via SMS, MMS, or WhatsApp, you confirm you have the recipient’s consent to do so. In these cases, you act as the sender, and Ping Me Happy functions solely as the technical facilitator of your message.
28. Customer Reviews
By submitting a review on our Website, Trustpilot, or any other third-party platform, you represent and warrant that you are the original and sole author of the review being submitted. You affirm that the content of your review is a true and honest reflection of your personal opinion, experience, and feedback regarding the product or service in question. Furthermore, you acknowledge that your review does not misrepresent any facts and is not intended to deceive or mislead any reader.
Additionally, you confirm that you are at least 18 years of age at the time of submitting the review. This age requirement is established to ensure compliance with applicable laws and regulations regarding the submission of user-generated content. If you are submitting a review on behalf of an organisation or entity, you warrant that you have the authority to do so and that your review complies with all relevant guidelines and standards
In submitting your review, you grant us a non-exclusive, royalty-free, and irrevocable license to use, modify, publish, and distribute your review across our platforms and promotional materials. We reserve the right to monitor, moderate, and potentially reject any reviews that do not meet our content standards or that violate these terms. By posting a review, you grant us a perpetual, irrevocable, royalty-free, transferable license to utilise, reproduce, modify, remove, adapt, publish, translate, and create derivative works from your review in any medium worldwide. You agree not to submit a review that:
- you know is false, misleading, or inaccurate;
- contains confidential or personal information about another individual;
- violates any applicable laws or promotes illegal activities;
- infringes on anyone’s intellectual property rights;
- is offensive, abusive, threatening, or defamatory;
- encourages discrimination based on race, gender, religion, nationality, disability, sexual orientation, or age, or incites hatred or violence toward any individual or group;
- mentions any other website or service;
- impersonates any person or misrepresents your identity;
- is pornographic, obscene, or indecent;
- may harass, upset, embarrass, or alarm anyone; or
- comments on another reviewer’s feedback.
We reserve the right to refuse publication of any review or to remove reviews at our discretion. By providing your email address along with your review, you agree that we may use it to contact you regarding your feedback. We will not share your information with third parties without your consent. We are not liable for any personal information related to reviews left on third-party websites.
29. Personal Information
Your personal information will be used solely as described in our Privacy Policy and Cookie Policy, which may be updated from time to time.
Liability for Foreseeable Loss
We are accountable for foreseeable loss or damage resulting from our actions. If we fail to meet these Terms, we will be responsible for any loss or damage that results directly from our breach or failure to exercise reasonable care and skill. Loss or damage is foreseeable if it was evident at the time of the contract or if we both acknowledged it might occur.
Exclusions of Liability
We will not limit or exclude our liability where it would be illegal to do so. This includes liability for death or personal injury resulting from our negligence, fraud or misrepresentation, breach of your legal rights concerning the products.
Liability for Device Damage
In the event that you experience damage to your device or other digital content as a result of faulty digital content, such as a defective product, and this damage is directly attributable to our negligence in providing that digital content, we will take responsibility for the repair of the damaged device or compensate you for the loss incurred.
This obligation is contingent upon our verification of the claim and our assessment that the damage was indeed caused by our negligence in delivering the faulty digital content. We will work promptly to either repair the damaged device or provide appropriate compensation that reflects the extent of the damage incurred.
However, please note that we will not be held liable for any damage or loss that you could have reasonably avoided by adhering to our provided instructions or guidelines. It is essential that you follow these terms or any instructions we issue alongside our digital products to mitigate the risk of damage. Failure to do so may result in the limitation or exclusion of our liability for damages.
Exclusion of Liability for Your Actions
We are not responsible for any damage or loss incurred by you or your employer, if you use the Platform at work resulting from your negligence, misconduct, concealment of information, or breach of these Terms and Conditions.
Responsibility for Loss Due to Using our Website at Work
If we suffer any damage or loss as a result of your use of the Website at work, you will be responsible for compensating us for such damages.
30. General Terms
Creating your account
Please be advised that we do not conduct verification checks during the process of creating your account. It is therefore imperative that you provide your true name and a valid email address upon registration. This is crucial for ensuring compliance with these Terms and Conditions, as well as for facilitating effective communication with our Customer Service Team.
Providing accurate information allows our Customer Service Team to verify your identity should you need to contact us regarding your order or any related inquiries. Furthermore, a valid email address is necessary for receiving important communications outlined in these Terms, including order confirmations and notifications.
If you choose to register using a fictitious name or an incorrect email address, we will be unable to assist you with any queries or concerns that may arise. Consequently, any issues related to your account or order may remain unresolved, potentially affecting your experience with our services. Therefore, we strongly encourage you to ensure that the information you provide is accurate and up to date.
Account Suspension
If we determine that you are in breach of these Terms, Community Safety Guidelines, or any applicable legal requirements, we reserve the right to suspend your account, any pending orders, and your access to our Website. Additionally, we may suspend our services if we are required to comply with an order or request from any governmental authority, court, or regulatory agency. Such actions may be taken at our discretion to ensure compliance with UK law and to maintain the integrity and safety of our services./p>
Modifications to Terms
These Terms may be updated periodically. We will publish the new version on our Website and notify you appropriately.
Transfer of Rights
We may transfer our rights and obligations under these Terms to another entity.
Transferring Your Rights
You may only transfer your rights or obligations under these Terms to another individual with our written consent. However, you may transfer our guarantee to the person who acquires the product or any related item or property. We may require proof of ownership from the recipient to whom the guarantee is transferred.
No Third-Party Rights
This agreement is solely between you and us. No other individual has the right to enforce any of its terms.
Severability Clause
Each provision of these Terms operates independently. If any court or authority determines that any part of them is unlawful, the remaining provisions will continue to be in effect.
Delays in Enforcement
If we delay in enforcing any part of this agreement, we still retain the right to enforce it later. Just because we do not immediately insist on compliance with these Terms does not mean that you are exempt from fulfilling your obligations.
31. Applicable Law
These Terms are governed by the laws of England and Wales. Any disputes or legal proceedings arising in connection with these Terms, our services, or any products provided shall be subject to the exclusive jurisdiction of the courts of England and Wales.