Terms & Conditions

1. Terms of Service and User Agreement

These Terms and Conditions and User Agreement (“Agreement”) govern your access to and use of pingmehappy.com. This includes any related mobile applications. This includes our digital messaging services and animated greetings, each referred to as a “Ping” (collectively, the “Ping Me Happy Platforms”). Please read this Agreement carefully before using our services.

Who We Are

Ingenious Partners Limited, trading as Ping Me Happy (“Ping Me Happy”, “we”, “us”, or “our”), enters into this Agreement with you (“you” or “your”). We are a company registered in England and Wales with company number 13362245. Our registered office is 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 and understood this Agreement. You agree to be bound by it. You also agree to our Privacy Policy and any applicable guidelines or additional terms and conditions (“Additional Terms”). Where Additional Terms apply to a specific service or promotion, they take precedence over this Agreement in the event of a conflict.

Scope of This Agreement

This Agreement governs your use of all content and functionality available through our website and mobile apps. This applies regardless of whether you access it via a computer, smartphone, tablet, or other device. To use the Ping Me Happy Platforms, your device and software must meet the minimum system requirements. These requirements are subject to change, and you are responsible for maintaining compatibility.

Using Third-Party App Stores

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 and conditions of this Agreement, you must not use or access the Ping Me Happy Platforms.

This Agreement follows the laws of England and Wales. The courts of England and Wales hold exclusive jurisdiction over any disputes or claims about this Agreement, the services, or the products.

For definitions of terms used throughout this policy, see our Glossary.

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 must create a personal account (“Personal Account”). You must be at least 18 years of age to register and use the Platform.

Account Registration

By creating a Personal Account, you confirm that you are 18 years of age or older and that all information you provide is accurate, complete and kept up to date. We protect your account in accordance with our Privacy Policy. You are responsible for maintaining the confidentiality of your login credentials and for all activity that takes place under your account.

Account Security

You must not use another person’s account or allow anyone else to access your account without your permission. Unauthorised use may result in the suspension or termination of your account.

If you believe your account has been compromised, or your password or payment details have been lost, stolen or misused, you must notify us immediately.

We may suspend or terminate your account at any time if we reasonably believe it has been used for fraudulent, abusive, or unlawful purposes. Where required or permitted by law, we may share relevant information with law enforcement or other competent authorities. This helps us investigate suspected misuse or protect the safety of our users and others.

Age Requirement: Ping Me Happy is intended solely for individuals aged 18 and over. We do not knowingly collect, use, or process personal information from anyone under the age of 18. If we become aware that a person under 18 has created an account or provided personal information, we will delete the account. We will also delete any associated personal data, as soon as reasonably practicable. If you believe we may have collected information from someone under 18, please contact us immediately at ping@pingmehappy.com.

Your Personal Information

We reserve the right to refuse service, suspend or close accounts, or cancel orders where you have breached these T&Cs. Your personal information will be collected, used and stored only as described in our Privacy Policy and Cookie Policy, which may be updated from time to time, and in accordance with guidance from the Information Commissioner’s Office.

4. Content T&Cs for Personalised Pings

Ping Me Happy is committed to maintaining a safe, respectful, and lawful environment on its platforms. Although we do not monitor all activity continuously, we may investigate any reported misuse. This includes protecting our services and enforcing this policy when necessary

Prohibited Content

By submitting personalised content for use in any Ping Me Happy product or service, you agree to follow the content guidelines. This applies in both letter and spirit. All content you submit must be appropriate, lawful, and respectful. You must not upload, submit, or use any content that:

• Contains information that is knowingly false, misleading, defamatory, abusive, threatening, or harassing. This also covers content 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. This applies 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, or viruses. This also covers 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 may refuse to process or deliver any Ping that contains content violating these terms. We may also take further action as needed, including suspending or terminating your account.

Restricted Uses

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.

Content Ownership and Licence

You retain full ownership of your content. By submitting it, you grant Ping Me Happy a licence to use, store, transmit, reproduce, adapt, and display the content. This licence is non-exclusive, royalty-free, and worldwide, and applies 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 and Conditions.

You acknowledge that we may process your content using automated systems, including AI. This covers purposes such as moderation, formatting, or delivery, in accordance with our Privacy Policy

Moderation and Responsibility

Please note: once a message is delivered, recipients or third-party platforms may save, forward, or share it. Ping Me Happy is not responsible for how others view, share, or respond to your message after you send it.

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

Failing to comply with the Content Guidelines set out in these Terms and Conditions constitutes a material breach. At our sole discretion, we may take any of the following actions:

• We may immediately, temporarily, or permanently suspend or revoke your access to the Ping Me Happy platform. This includes limits on your ability to purchase, send, or access personalised Pings and related services.
• Alternatively, we may issue a formal warning outlining the specific violation. This sets out the corrective measures required to remedy the breach and prevent further misconduct.
• In more serious cases, we may commence legal proceedings against you. This includes pursuing full compensation for any costs, damages, or losses arising from your breach of these Terms. This may include legal fees, administrative expenses, and any court-related costs.
• Where necessary, we may disclose relevant information to law enforcement authorities. This applies where such disclosure is required by applicable law or regulation, or where we reasonably believe it is necessary to protect the rights, property, or safety of Ping Me Happy, its users, or third parties.

6. Limitation of Liability for User-Generated Content

Ping Me Happy holds no responsibility or liability for any personal content sent by users or third parties. When you use our platform, you accept that all content transmitted through our services is the sender’s responsibility. Ping Me Happy disclaims any liability for direct, indirect, incidental, or consequential damages arising from such content. Users must ensure their communications comply with all applicable laws and regulations.

7. Prohibited Practices and Usage Controls

You may not use the Ping Me Happy Platforms to send electronic messages, animated Pings, or any other content to mailing lists or recipients without proper authorisation. This also covers distributing unsolicited bulk or commercial communications. Do not use automated tools or scripts to send or access materials on your behalf.

At our sole discretion and without prior notice, we may restrict or limit the number of electronic messages, Pings, or other content you can send. We may also limit the number of recipients you may reach.

You bear full responsibility for all actions and communications through your Ping Me Happy account and the Platforms. While we do not actively control the content you send, we may review any user content or transmissions. This ensures they comply with this Agreement.

8. Product Representations

Visual previews of Pings on the Ping Me Happy platform show illustrations for reference only. We strive to display colours, animations, and designs accurately. However, your device’s screen or browser may not perfectly represent the final delivered Ping. Minor differences may occur between the preview and the version your recipient receives via email, SMS, or other supported channels.

Personalised Pings: A Ping counts as “personalised” if it contains content you enter or select at checkout. This includes names, custom messages, or recipient details. You are responsible for ensuring all information is accurate. This covers spelling, formatting, and delivery details such as email address or mobile number. Ping Me Happy holds no liability for delivery failures or content errors caused by incorrect user input.

By submitting personalised content, you confirm that you own it or have permission to use it. You grant Ping Me Happy a non-exclusive, royalty-free, worldwide, and irrevocable licence to use, reproduce, adapt, transmit, and distribute the content. This is solely to fulfil your order and for internal operational or promotional purposes.

9. Social Sharing of Pings

When you share your Ping Me Happy message (“Ping”) via social media, email, or other third-party platforms (“Sharing Features”), you agree to the following terms and conditions. These Sharing Features may transfer information from the Ping Me Happy Platform to external services beyond our control. By using these features, you consent to the potential disclosure of personal or identifiable information. This includes the content of your Ping, shared with intended recipients or broader audiences. Using these features is optional and at your own discretion. Ping Me Happy and its affiliates hold no liability for how third-party services or users use, display, or redistribute your shared Pings. We strongly encourage you to review any prompts or information from third-party platforms. This helps you understand how your data and content may be accessed or used once shared.

10. Purchases and Payment Terms and Conditions

Certain features on the Ping Me Happy Platforms require payment of fees and any applicable handling or sales taxes. This includes the purchase of electronic Pings, digital products, memberships, subscriptions, gift cards, and related services (collectively, the “Products and Services”). You agree to pay all amounts shown at checkout or listed on your receipt. All sales are final. Once you subscribe, send, or download any digital content from the Ping Me Happy Platforms, Products and Services become non-refundable. They also become non-returnable.

We may change the availability and content of Products and Services at any time at our sole discretion. For Ping-as-you-go content, such as a single Ping, you may use the content once. If you want to send the same content again, you must make a new purchase. We do not issue refunds for Ping-as-you-go purchases once you use or download the content.

For subscription-based Products and Services, your subscription automatically renews at the end of each billing term. This continues unless you cancel before the renewal date. We do not refund subscription fees for the current billing period, including partial use. You are responsible for managing your subscription and cancelling it 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 and Conditions.

• 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, or violations of our Terms and Conditions. It may also include payment problems, suspected fraud, or invalid and 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. This applies at the rates in effect during the billing period in which they arise. We reserve the right, at our sole discretion, to charge these fees to the payment method linked to your account. You must provide accurate, current, and complete payment information to us or our 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. This applies to complete all 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.

Prices

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. This follows the EU VAT Directive and related legislation governing digital services.

United States: Prices exclude applicable state and local sales taxes. These are 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. If a pricing mistake occurs after an order has been placed, we may cancel the order. We will then 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 charge the applicable Subscription fee to your most recent payment method. This is charged 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. Only active paid Subscribers can send Pings beyond the trial. Cancelling your Subscription during the trial period means we will not charge your payment method. If you do not cancel before the trial ends, however, we automatically bill the Subscription fee to your saved payment method.

Should you use a promotional or gift code to activate a Subscription, you might still need to provide payment details, such as a credit card. This is to access the Subscription benefits for the promotional or gift term. We will not charge your payment method during this period. After the promotional or gift term expires, we will charge the applicable Subscription fee to the payment method you have on file. If you don’t have one, we’ll ask you to provide one at that time. Some promotional or gift Subscriptions may not require payment details upfront. If you decide to keep your membership active beyond the promotional term, however, you will need to submit payment information to maintain your Subscription benefits.

14. Automatic Renewal

When you purchase a Subscription, it automatically renews 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. This includes any applicable handling and sales taxes, without needing additional approval from you. After each payment, we provide you with a receipt confirming the transaction. You can review, update, or cancel your Subscription anytime by accessing your Personal Account.

15. Fair Usage T&Cs

Our Unlimited Subscription is designed to provide generous, unrestricted use of Ping Me Happy for normal personal and business purposes. We do not set a fixed limit on the number of Pings you can receive or display. This applies as part of your subscription.

However, our Unlimited Subscription is subject to a Fair Usage Policy to ensure a reliable service for all customers. If we reasonably believe that you are using your account excessively, or in a way that is automated, fraudulent, or commercial beyond its intended purpose, we reserve the right to act. This may include applying reasonable usage limits, temporarily restricting certain features, or contacting you to discuss your usage.

Examples of excessive or abusive use may include, but are not limited to:

• Using automated software or bots to generate Pings.
• Creating unusually high volumes of Pings that are inconsistent with genuine event participation.
• Using a single subscription to support multiple unrelated events or organisations.
• Activity that negatively impacts the performance, security, or availability of the Platform.

Where possible, we will notify you before applying any restrictions and work with you to find a suitable solution. Our aim is to ensure that genuine customers continue to enjoy unlimited use while we protect the Platform from misuse.

We reserve the right to modify or enforce this Fair Usage Policy at our reasonable discretion. This applies where necessary to maintain the integrity, security and performance of the Ping Me Happy Platform.

16. 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 takes 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 complete your cancellation before the current Subscription period expires. Please note that if you have subscribed to multiple Products or Services, cancelling one Subscription may not automatically cancel others.

Cancellation instructions are available in our FAQ’s. Alternatively, 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 continues. This lasts until the end of your current billing period.

We maintain the discretion to provide refunds in exceptional cases. However, we are under no obligation to offer similar refunds in the future.

17. Delivery

We make digital products (“Pings”) available to the designated recipient either immediately, on the same day, or on your scheduled delivery date. You select this 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. This includes, without limitation, valid email addresses, telephone numbers, and any necessary credentials for use of the Ping Me Happy App. If you fail to do so, this may result in unsuccessful or delayed delivery, for which we bear no responsibility.

We deliver Pings through various digital platforms. This includes but is not limited to email, SMS, and the Ping Me Happy mobile application. While we take all reasonable steps to ensure successful delivery, we accept no liability for any delay, non-delivery, or interruption. This applies to circumstances arising beyond our control, including but not limited to third-party platform outages, technical malfunctions, or service disruptions. This covers failures involving SMS, email providers, Apple App Store, or Google Play.

We hold no liability for any failure to deliver, or delay in delivery, resulting from inaccurate or incomplete delivery information you provide. The same applies to technical or operational failures of third-party services. In such instances, we will not offer compensation, refund, or redelivery 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, and any changes will be communicated through our official channels.

Charitable organisations are selected solely by Ping Me Happy based on factors including impact, transparency, and alignment with our core values. Information about the charities we currently support is available on our website and official social media channels.

Donations are made at regular intervals throughout the calendar year in accordance with our internal giving schedule and the timing of specific campaigns.

To promote transparency, an annual report will outline the total contributions made and the recipient organisations. All donations are funded entirely from our own revenue and are made at no additional cost to customers.

Ping Me Happy reserves the right to amend, suspend, or discontinue the charitable contribution programme at any time. Any changes will be reflected in these Terms and Conditions.

19. Disclaimer of Warranties

The Ping Me Happy Platforms are provided on an “as is” and “as available” basis. This includes all content, features, messages, products, services, digital cards, apps, widgets, mobile features, and social sharing tools. Although we strive to provide the best possible experience, we cannot guarantee that the 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 express and implied warranties. This includes, without limitation, warranties of merchantability, fitness for a particular purpose, title, non-infringement, and satisfactory quality.

Nothing in these Terms and Conditions excludes or limits any statutory rights or warranties you may have under applicable UK or US consumer protection laws. These rights include receiving services provided with reasonable care and skill that are fit for their intended purpose. Should any part of the Platforms or Services fail to meet the required legal standards, your statutory consumer rights remain unaffected.

Uninterrupted access to the Platforms is not guaranteed, and the accuracy, reliability, or currency of the content cannot be assured at all times. Your use of the Ping Me Happy Platforms is entirely at your own risk. Responsibility for third-party content shared or displayed through the Platforms is excluded, and no endorsement is given to advice, information, or opinions expressed by users or other third parties.

From time to time, technical or human errors, delays, or interruptions may affect the delivery of digital messages or cards. Accordingly, we accept no liability for any consequences arising from such issues. This includes situations where cards or content fail to reach recipients on the intended date or time.

Augmented Reality (AR) features rely on the compatibility and performance of your device and its operating software. As a result, full functionality cannot be guaranteed across every device. No responsibility is accepted for limitations, errors, or failures caused by unsupported devices, older phone models, or outdated software versions.

If you access the Platform through an app store or other third-party platform, the relevant provider is responsible only for making the app available. Support, maintenance, and the handling of user claims remain our responsibility, and any questions regarding the app’s performance, functionality, or legal compliance should be directed to Ping Me Happy.

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”) accept no liability to you or any third party. This applies to any loss or damages of any kind.

Scope of This Limitation

This applies whether direct, indirect, incidental, consequential, special, punitive, or exemplary. This includes 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.

In all cases, our total liability to you for any claims shall not exceed the greater of the following. This applies to any claims arising from or related to your use of the Ping Me Happy Platforms:

• The amount you paid to Ping Me Happy (if any) in the twelve months prior to the event giving rise to the claim.
• £50 (or the equivalent in your local currency), whichever is greater.

Liabilities We Cannot Exclude

Nothing in these Terms and Conditions 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 is to stop using the service. This applies to any content, service, or feature available through them.

Notice for US Users

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. Similar provisions apply in other states, which state:

<>“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. This applies to any claims, losses, damages, or expenses arising from:

• 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 and Conditions or any applicable laws or regulations.
• Any infringement or alleged infringement by you, or any person using your device or account. This applies to any intellectual property, privacy, or other rights of a third party.
• Any misrepresentation or false information provided by you.
• The use of your personal information by Ping Me Happy. This is 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. This is at our own expense. You agree to cooperate with us in defending such claims. You also agree not to settle any matter without our prior written consent.

22. Terminating the Contract

Your rights to terminate the contract depend on several factors. These include the nature of the product or service you purchased, whether any issues exist, how we have performed our obligations, and when you decide to cancel.

If our performance fails to meet expectations due to delays, errors, or material changes, you may have grounds to terminate the contract. The same applies to other significant issues. 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 and conditions 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.

Termination Time Frames

Note: After the cooling-off period, annual subscriptions become non-refundable. You may also be entitled to compensation if applicable under consumer law.

These rights apply only as outlined above. They 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)

Your Right to Change Your Mind

For most products bought online, you have a legal right to change your mind within 14 days. This entitles you to receive a refund.

Purchasing a Digital Product
You have 14 days after the day we email you to confirm we have accepted your order. If earlier, this runs until you open the email containing the product. 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. You may, however, have to pay us compensation. A contract for sending a product completes 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. We will end the contract immediately, and we will refund any sums you paid for any product not provided. However, we may deduct reasonable compensation from that refund. This covers the net costs we incur as a result of your ending the contract.

Summary of Your Legal Rights

The law obligates us to provide products that fully comply with the specifications and standards outlined in these Terms and Conditions. This includes ensuring that the products meet the quality, description, and performance criteria expected by consumers. It also includes 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 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

Ownership of Materials

The Ping Me Happy platform contains materials protected by intellectual property rights. This includes all current and future versions of the website, app, and related services, and any content, software, or information provided by or through Ping Me Happy (collectively referred to as “Materials”).

Your Licence to Use Materials

Subject to your full and continued compliance with these Terms and Conditions and any applicable additional terms, Ping Me Happy grants you a limited licence to access and view the Materials. This licence is non-exclusive, non-transferable, non-sublicensable, and revocable, 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. You may not use any part of the Materials in any other way unless we expressly permit it in writing.

What You May Not Do

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 and Conditions or on the Ping Me Happy platform gives you any licence or right to use, copy, modify, publish, transmit, reverse engineer, decompile, or distribute the Materials. Nor may you create derivative works from, frame, extract data from, or otherwise exploit the Materials or any part of our services.

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, and the overall look and feel of the platform.
• Any other content, software, or information provided by or through Ping Me Happy (collectively referred to as “Materials”).

25. Limited Rights for Personal Sharing

Ping Me Happy grants you a limited and revocable right to share certain Materials for personal, non-commercial purposes. This is under the terms and conditions of this Agreement. 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. This applies 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. This is 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. This applies to Ping Me Happy products or services. Only Ping Me Happy may make public statements, promises, or guarantees regarding its brand. Additionally, you must not suggest or imply that your use of the Materials means Ping Me Happy officially connects to or endorses you.

Unless expressly permitted in this Agreement, you may not reproduce, license, distribute, or otherwise commercially exploit any part of the Materials.

We may revoke this sharing permission at any time and for any reason. If we notify you of a revocation, you agree to immediately stop any form of Social Distribution. You must also follow any new guidelines we publish in relation to content sharing.

26. Our Platform

Every effort is made to ensure that the Ping Me Happy Platform remains available 24 hours a day, seven days a week. However, uninterrupted access cannot be guaranteed due to circumstances beyond our reasonable control, including server maintenance, technical malfunctions, network failures, or other unforeseen events.

Accordingly, no liability is accepted for any temporary or prolonged unavailability of the Platform, regardless of the cause. You acknowledge that access may occasionally be suspended, restricted, or interrupted, and any resulting loss, inconvenience, or disruption will be at your own risk.

From time to time, the Platform may include links to third-party websites or online resources. These links are provided solely for your convenience and to help you access additional information or services that may be of interest.

Ping Me Happy does not endorse, control, or accept responsibility for the content, accuracy, reliability, availability, or functionality of any third-party website or resource.

By choosing to follow these links, you acknowledge that the operation and content of external websites are entirely outside our control. Consequently, we accept no liability for any loss, damage, inconvenience, service interruption, inaccurate information, or other issues arising from your use of those third-party resources.

Before using any third-party website, you should review its terms and conditions and privacy policy, as these may differ significantly from our own. Access to and use of external websites is entirely at your own risk, and you assume full responsibility for any consequences arising from their use.

27. Mobile Features

Third-Party App Store Terms

If you access the Ping Me Happy Platform via a third-party app store, you must comply with their respective usage terms. This includes stores such as Apple App Store or Google Play. These platforms hold no responsibility for support, maintenance, or compliance of the Ping Me Happy App. Please direct any issues relating to the app’s performance or functionality 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. This also covers downloading our mobile applications, or accessing key features directly from your mobile device (“Mobile Features”).

Additional Charges

Please note that some Mobile Features may incur additional charges. These may come from Ping Me Happy or from your mobile service provider. This may include standard data rates, messaging fees, or other costs. These may appear on your bill or reduce your pre-paid balance. Not all networks or devices support every feature, so 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.

We will not issue refunds for messages that fail to deliver due to such circumstances. This applies 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 that you have the recipient’s consent to do so. In these cases, you act as the sender. Ping Me Happy functions solely as the technical facilitator of your message.

28. Customer Reviews

Submitting a Review

By submitting a review on our Website, Trustpilot, or any other third-party platform, you confirm that you are the original and sole author of the content. Your review must reflect your honest opinion, personal experience, and feedback regarding the product or service. You agree that your review is truthful and does not misrepresent any facts. It must not intend to deceive or mislead any reader. You must be at least 18 years of age to submit a review. This age requirement ensures compliance with laws regarding user-generated content. Users under 18 may use the Ping Me Happy Platform, but they cannot submit reviews. If you submit a review on behalf of an organisation or entity, you warrant that you have the authority to do so. You also warrant that your review complies with all relevant terms and conditions.

Licence to Use Your Review

By submitting your review, you grant us a licence to use, modify, publish, and distribute your review across our platforms and promotional materials. This licence is non-exclusive, royalty-free, and irrevocable. We reserve the right to monitor, moderate, and potentially reject any reviews. This applies to 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 licence. This allows us to use, 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.
• Comments on another reviewer’s feedback.

Publication of Review

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. This is regarding your feedback. We will not share your information with third parties without your consent. We accept no liability 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. These 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 and Conditions, we will be responsible for any loss or damage that results directly from our breach. This applies to any failure to exercise reasonable care and skill. Loss or damage is foreseeable if it was evident at the time of the contract. It is also foreseeable 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. It also includes breach of your legal rights concerning the products.

Liability for Device Damage
If you experience damage to your device or other digital content as a result of faulty digital content, such as a defective product, we will take responsibility. This applies where the damage is directly attributable to our negligence in providing that digital content. We will repair the damaged device or compensate you for the loss incurred.

This obligation is contingent upon our verification of the claim. It also depends on 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. This will reflect the extent of the damage incurred.

However, please note that we will not be held liable for any damage or loss you could have reasonably avoided. This applies where you failed to adhere to our provided instructions or guidelines. It is essential that you follow these terms or any instructions we issue alongside our digital products. This helps 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. This applies where the damage results 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. This means compensating us for such damages.

30. General Terms and Conditions

Creating your account

Please note that we do not conduct verification checks when you create your account. You must therefore provide your true name and a valid email address upon registration. This matters for ensuring compliance with these Terms and Conditions, and for facilitating effective communication with our Customer Service Team.

Providing accurate information allows our Customer Service Team to verify your identity. This applies should you need to contact us regarding your order or any related enquiries. Furthermore, you need a valid email address to receive important communications outlined in these Terms, including order confirmations and notifications. For more information on how we collect, use, and protect your personal data, please see our Privacy Policy.

If you register using a fictitious name, incorrect email address, or telephone number, we will be unable to assist you. This applies to any queries or concerns that arise. Consequently, any issues related to your account or order may remain unresolved, potentially affecting your experience with our services. We therefore strongly encourage you to ensure that the information you provide is accurate and up to date.

Account Suspension

If we determine that you have breached these Terms, Community Safety Guidelines, or any applicable legal requirements, we reserve the right to suspend your account. This includes any pending orders, and your access to our Website. Additionally, we may suspend our services if a governmental authority, court, or regulatory agency requires us to comply with an order or request. We may take such actions at our discretion. This is to ensure compliance with UK law and to maintain the integrity and safety of our services.

Modifications to Terms

These Terms and Conditions 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 and Conditions 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. We do not immediately insist on compliance with these Terms. That does not mean you are exempt from fulfilling your obligations.

These Terms and Conditions 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 fall under the exclusive jurisdiction of the courts of England and Wales.