Terms of use for Happigram

1. About these terms

These terms apply when you, as a private individual, use the Happigram app and subscribe to a Happigram: a booklet of the family's photos and greetings that is printed and posted to your family member in care each month.

The service is provided by Careots AB (company reg. no. 559485-3938), below "we" or "Happihem". By creating an account you accept these terms.

If you use Happihem through your workplace in health and social care, the terms of use for organisations apply instead (available in Swedish). If you are both an employee and a family member, both apply, each to its own part of the service.

2. What the service is

In the app you can:

• create or join a family linked to a family member in care,
• add photos and greetings that become a Happigram,
• follow the care home feed, once staff have approved you as a family member,
• subscribe to a printed Happigram that is posted to the recipient each month.

3. Your account

You are responsible for keeping your login details secret and for activity that takes place through your account. If you suspect that someone has gained unauthorised access, contact us immediately at support@happihem.com.

We send the messages needed for the service to work, for example verification, receipts and reminders that the month is about to close. You can unsubscribe from newsletters and similar mailings via the link in each message.

4. Age limit

You must be at least 13 years old to create an account and join a family.

To take out a subscription and be the payer you must be 18, because a subscription is a binding contract. You can therefore be part of the family and contribute photos from the age of 13 even if someone else pays.

5. The family and the roles

There are three roles in a family:

• Administrator: invites members, manages the family's details and can hand the role over to another member.
• Payer: the person who took out the subscription and whose card is charged. The payer is normally also the administrator.
• Member: contributes photos and greetings according to the chosen plan.

The administrator can remove members. If you are removed you lose access to the family’s content but keep your account. If the administrator role is handed over, payment responsibility does not automatically follow: the new administrator needs to take out their own subscription when the existing one runs out.

Seeing the feed from your family member’s care home requires staff to approve you as a family member. We cannot influence how quickly that happens.

6. Your content

The photos, captions and greetings you upload belong to you.

You give us the right to store them, process them technically (for example resizing images), show them to the family's members and to the recipient, and print and post them as part of the Happigram. We pass the content on to the print shop solely in order to produce and deliver the booklet. The right ends when you delete the content or your account.

We never use your photos in marketing, for product development or to train AI without asking you first.

If you delete a photo it is removed from future Happigrams. A booklet that has already been printed and posted cannot, for obvious reasons, be recalled.

7. Photos of other people

You are responsible for ensuring that the people shown in the photos, or their guardians or representatives, have agreed to the photos being shared within the family and printed. This applies in particular to photos of care home residents and of children.

We are not responsible for material uploaded without valid consent, but we will remove a photo if someone pictured in it contacts us.

8. Content that is not allowed

Content in the service must be respectful. We remove material that is unlawful, abusive, threatening, sexualised, commercial or otherwise inappropriate, and we may do so without warning. Repeated breaches may lead to suspension under § 22.

9. Our content

The app, its design and the material we provide are protected by copyright. You may not copy, modify, distribute or sell content from the service without our written permission. You are of course free to save and print your own Happigram.

10. Availability

We aim for the app to work around the clock, but we do not guarantee uninterrupted availability. Planned maintenance is announced in advance where possible.

11. What the subscription includes

A paid subscription gives the right to one (1) printed Happigram per paid month. Digital access to the family feed and to earlier Happigrams is included for as long as the subscription is active.

12. Price and VAT

The price covers producing the booklet, printing and postage to an address in Sweden.

Prices are stated including Swedish VAT of 6 %.

13. Payment, renewal and price changes

Payment is made by card via Stripe. Your card details are entered directly with Stripe and are never stored by us.

The subscription runs monthly and renews automatically until you cancel it. The fee is charged on the same date each month, counted from when you signed up. You receive a receipt by email.

If a payment fails we make several attempts over the following days. If the payment does not go through before the month's print window closes (see § 14) the Happigram is not produced, while the content remains.

We may change the price. The change is announced by email at least 30 days before it takes effect, and you may cancel the subscription before then at no cost for the time after the change.

14. Content deadline, printing and delivery

Each Happigram covers one calendar month.

1. Content deadline. The month's Happigram is locked at midnight going into the 1st of the following month, Swedish time. After that the content cannot be changed.
2. Printing and posting. The booklet is printed and handed to the postal service between the 1st and the 3rd of the following month.
3. Delivery. The item is sent to the delivery address the family has given and normally arrives 1–2 working days after posting.

We currently deliver only to addresses in Sweden.

You are responsible for the delivery address being correct and up to date. The address is changed in the app, and a change takes effect for Happigrams that have not yet been locked. If the recipient moves, or delivery becomes impossible for some other reason, contact support@happihem.com and we will help you change the address or end the subscription.

15. Months without enough content

If the month's Happigram contains fewer than five photos when it locks, we assume the family has not had time to fill it. The content is then carried over to the next month and the payment is used there instead. You get a message in the app and can choose to have the booklet printed anyway.

Content is carried over at most two months in a row. In the third month the booklet is printed with whatever content there is, or skipped if it is empty.

We reserve the right not to print and send a Happigram that is empty, that is, has neither photos nor greetings. You get a message in the app when a month is skipped that way.

An unpaid month gives no Happigram. A paid month that is skipped without printing gives a credit that is used the next time a Happigram is printed.

16. Pausing and cancelling

You can pause or cancel the subscription at any time in the app under Account.

A cancellation takes effect at the end of the period you have already paid for. You keep your access and receive the Happigram the period entitles you to. We do not otherwise refund the current period, beyond what follows from § 17 and mandatory law.

If you delete your account, a subscription you pay for is ended, and families where you are the sole administrator are removed for all members.

17. Right of withdrawal

As a consumer you have a 14-day right of withdrawal from the day the subscription is taken out, under the Swedish Distance Contracts Act (distansavtalslagen (2005:59)).

• If you withdraw before the month's Happigram has been locked and sent to print, we refund the whole fee.
• If the booklet has already gone to print, that particular copy cannot be withdrawn. It is produced to your specifications and is clearly personalised, which is exempt from the right of withdrawal under Chapter 2, Section 11 of the Distance Contracts Act. The subscription is then ended without further payment, and you pay nothing for the time after that.

Refunds are made to the same means of payment used for the purchase, at the latest 14 days after we receive your notice.

18. How to exercise the right of withdrawal

You may withdraw in any clear way you like. The simplest is the form below, which sends your message straight to our support team. You can also email support@happihem.com or write to the address in § 27.

We always confirm that we have received your request.

19. Faults, damage and non-delivery

If the item does not arrive, or the booklet is damaged or misprinted, contact support@happihem.com. We print and send a new copy at no cost. Get in touch within a reasonable time of discovering the fault.

Your rights under the Swedish Consumer Sales Act (konsumentköplagen) always apply.

20. Personal data

How we process personal data is described in our privacy policy. For the Happigram app, Careots AB is the data controller. All core data is stored on servers in Sweden.

Photos and greetings leave our own infrastructure only when a booklet is to be printed, and then only to our print shop. That is described in the section of the privacy policy about printing.

21. AI

The Happigram app does not use AI features. Your family photos are never sent to an AI service.

22. Suspension and termination by us

We may suspend or close accounts that breach these terms. For serious breaches, for example unlawful content, this may happen without warning. Otherwise we notify you first and give you a chance to put the problem right.

If we suspend you without you having breached the terms, we refund the part of the fee that relates to the time after the suspension.

23. Changes to these terms

These terms may be updated. For material changes we notify you by email at least 30 days in advance. If you do not accept the change you may cancel the subscription before it takes effect, at no cost for the time after the change.

24. Limitation of liability

We are not liable for indirect or consequential damage arising from the use of, or inability to use, the service.

Nothing in these terms limits the rights you have under mandatory law. For you as a consumer, the Swedish Consumer Sales Act, the Consumer Services Act and the Distance Contracts Act always take precedence over this clause.

25. If we cannot agree

If you are unhappy, contact us first at support@happihem.com and we will try to sort it out.

If we cannot agree, you can turn to the Swedish National Board for Consumer Disputes (Allmänna reklamationsnämnden, ARN), Box 174, 101 23 Stockholm, Sweden, www.arn.se. We follow ARN's recommendations.

You can also use the European Commission's online dispute resolution platform at ec.europa.eu/consumers/odr.

You can always bring proceedings before the general court where you live. Swedish law applies.

26. App stores

The app is distributed via the App Store and Google Play. The following applies to downloads from the App Store:

1. This agreement is between you and Careots AB, not with Apple. Apple is not responsible for the app or its content.
2. You receive a non-transferable licence to use the app on Apple products that you own or control, under the usage rules in the App Store Terms of Service.
3. Careots AB is solely responsible for maintenance and support. Apple has no such obligation.
4. If the app does not conform to an applicable warranty, you may notify Apple, which will then refund any purchase price. Apple has no further warranty obligations.
5. Careots AB, not Apple, is responsible for claims relating to the app, including product liability, failure to comply with law and consumer protection rules.
6. Careots AB is responsible for investigating and handling claims that the app infringes a third party’s intellectual property rights.
7. Apple and Apple’s subsidiaries are third-party beneficiaries of this agreement and are entitled to enforce it against you.
8. Questions and complaints relating to the app go to support@happihem.com.

27. Contact details

Careots AB, company reg. no. 559485-3938.

• Support and questions about the app: support@happihem.com
• Data protection and GDPR: privacy@happihem.com
• General enquiries: hej@happihem.com