Happentry is operated by Austin Nazareth, a sole proprietor in Alberta, Canada (“Happentry,” “we,” “us” or “our”). We run happentry.ca, the market websites hosts build with it, and related services that link to these terms (together, the “Services”). You can contact us at hello@happentry.ca.
These Terms of Use (the “Terms”) are a legally binding agreement between you, personally or on behalf of an organization or business (“you”), and Happentry. By creating an account or using the Services, you confirm that you have read, understood and agree to these Terms. If you don’t agree, don’t use the Services. If you use the Services on behalf of an organization or business, you confirm you have authority to accept these Terms for it, and “you” includes it.
Changes to these Terms: we may update these Terms from time to time and will change the “Last updated” date when we do. For significant changes, we’ll tell you by email or with a notice in Happentry at least 30 days before they take effect. If you keep using the Services after that, the new Terms apply. If you don’t agree to them, you can stop using the Services and cancel any paid plan before they take effect.
We recommend you keep a copy of these Terms for your records.
1. Our Services
Happentry is software for local markets and events:
Attendees can find markets and events, RSVP, follow markets and join their mailing lists, for free.
Vendors can create a business profile and apply to markets, for free.
Hosts (market organizers) can list events for free, and on paid plans run vendor applications, waitlists, floorplans, payment tracking, messaging, mailing lists and websites.
Happentry is a tool, not a party to your events or deals. Hosts run their own markets and set their own rules, fees, refund policies and vendor agreements. Booth fees and other payments between vendors and hosts are made directly between them, outside Happentry. We only record what hosts and vendors enter about them. We don’t organize, operate or guarantee any event, and we aren’t responsible for whether an event takes place, for what happens at it, or for anything a host or vendor provides or fails to provide.
The Services are run from Canada. If you use them from elsewhere, you’re responsible for following your local laws.
2. Intellectual property
Our intellectual property
We own or license all intellectual property in the Services, including the software, databases, designs, text and graphics we provide (the “Content”), and the Happentry name and logo (the “Marks”). They’re protected by copyright, trademark and other laws. This doesn’t include content you or other users add (see §9 Your content), or fonts and other material we license from others.
Your use of the Services
As long as you follow these Terms, we give you a non-exclusive, non-transferable, revocable licence to access and use the Services, and to download or print Content you have access to, for your personal use or your business’s use of the Services. Except as these Terms allow, you may not copy, republish, sell, license or otherwise exploit the Services, Content or Marks without our written permission. Ask us at hello@happentry.ca. We reserve all rights not expressly granted to you.
Feedback
If you send us ideas, suggestions or other feedback about the Services, we may use it freely to improve them, without owing you anything. Don’t send feedback you consider confidential.
3. Who can use Happentry
By using the Services, you confirm that:
you are at least 16 years old and able to agree to these Terms;
the information you give us is true, accurate and kept up to date;
you won’t use the Services for anything illegal or unauthorized; and
your use of the Services won’t break any law or regulation that applies to you.
If information you give us is false or misleading, we may suspend or close your account (see §11 Term and termination).
4. Accounts and organizations
You’re responsible for keeping your sign-in details secure and for activity on your account. Tell us at hello@happentry.ca if you think someone else has used it.
Accounts are personal. You may not sell, transfer or share your account, except by transferring ownership of an organization through the Services.
An organization’s owner is responsible for it, including its team members, its plan and billing. Owners and admins decide who has access, and are responsible for what their team does in Happentry.
A vendor business belongs to the account that created it, and that account is responsible for it.
5. Plans, trials and billing
This section applies to hosts who choose a paid plan. Attendees and vendors don’t pay to use Happentry.
Plans
Hosts can use the Free plan or a paid plan (currently Pro and Premium). What each plan includes, and its limits, are shown on our plans page and in your organization’s billing settings, and form part of these Terms.
Free trial
New organizations can try Pro free for 30 days, without a card. When the trial ends, you can choose a paid plan or carry on with the Free plan. We won’t charge you unless you choose a paid plan.
Billing
Paid plans are billed in advance, monthly or yearly, in Canadian dollars, plus any applicable taxes. Payments are processed by Stripe under Stripe’s terms; we never see or store your card details.
Plans renew automatically at the end of each billing period until you cancel. You authorize us, through Stripe, to charge your payment method for each renewal.
Upgrades take effect immediately, and you’re charged the prorated difference. Downgrades and cancellations take effect at the end of the current billing period.
You can change or cancel your plan at any time in your organization’s billing settings. Only the organization’s owner can.
The off-season plan, where offered, is a reduced-price plan that keeps your public pages running with limited features. It starts at your next renewal, can be used for up to 6 months a year, and then switches back to your full plan.
Promotional offers, such as the founding-host discount, apply only on the terms described when they’re offered.
Price changes
We may change our prices. We’ll tell you at least 30 days before a new price applies to your plan, and it will take effect at your next renewal after that notice. You can cancel before then if you don’t want to continue.
Refunds
Changed your mind? You have 5 days. If you ask within 5 days of a plan charge, including a renewal, we’ll refund that charge in full. Email hello@happentry.ca from your account’s email address. Refunding a charge ends the plan it paid for, and your organization moves to the Free plan (see below). Refunds go back to the original payment method and can take several business days to appear.
After 5 days, payments are non-refundable, and we don’t give refunds or credits for partial billing periods or unused features, except where the law requires, or where we stop providing the Services as described in §11 Term and termination.
Failed payments
If a payment fails, Stripe retries it over the following days and your plan stays active meanwhile. If it still can’t be collected, your organization moves to the Free plan, as described below.
What happens when you downgrade or stop paying
Nothing is deleted. Paid features wind down so that vendors aren’t left stranded mid-season:
Application forms that are open keep running until their deadline, but you can’t open new ones.
Accepted vendors, waitlists and payment records stay viewable.
Floorplans become read-only.
Your website stays up for a 14-day grace period, then is unpublished. A custom domain is disconnected after the same grace period, and your site moves back to its happentry.ca address if your plan still includes a website.
Your mailing list is kept and can still be exported, but you can’t send to it.
Team members over your new plan’s limit are paused until you make room or upgrade.
6. If you’re a host
If you use Happentry to run markets or events, you’re responsible for:
Your events: that they’re real, accurately described and that you’re authorized to run them, and for keeping dates, locations and details up to date, including telling attendees and vendors about changes and cancellations.
Your rules with vendors: your application questions, fees, deposits, refund policy and vendor agreement are between you and your vendors. You’re responsible for honouring them, including refunds you promise.
Permits and laws: the permits, licences, insurance and approvals your events need (such as venue, health, food-safety and liquor rules), and following the laws that apply to them.
Vendors’ information: using the personal information vendors share with you (such as contact details, tax numbers, accessibility needs and documents) only to review their applications and run your event, keeping it confidential, and following privacy law.
Your mailing lists: only emailing people who agreed to hear from you, and following Canada’s Anti-Spam Legislation (CASL) and other anti-spam laws. You must keep a valid mailing address on your organization, which is included in your emails, and honour unsubscribes (Happentry handles these automatically).
Your website and domain: what you publish on your site, the forms you add and the information they collect, and owning or being authorized to use any domain you connect.
For mailing lists, form submissions and vendor reviews, you decide what information is collected and how it’s used, and we process it on your behalf as described in our Privacy Policy.
7. If you’re a vendor
If you use Happentry to apply to markets as a vendor, you’re responsible for:
Keeping your profile, products, photos and documents accurate and current, and having the rights to anything you upload.
Holding the licences, permits and insurance your business needs, and following the laws that apply to what you sell.
Following each market’s rules and vendor agreement, and paying hosts directly as agreed with them.
When you apply to a market, the host sees your application and the private details and documents you include. Each host decides whether to accept you; we don’t make or influence those decisions. Disputes about fees, refunds or booth assignments are between you and the host, though you can report a host who breaks these Terms to us.
8. Prohibited activities
You may use the Services only for what we make them available for, including running and promoting your markets and your business. You agree not to:
Specific to Happentry
Send mailing-list emails or other messages to people who haven’t agreed to receive them, or to lists you bought, rented or copied from elsewhere.
Publish events, markets or listings that are fake or misleading, or that you aren’t authorized to run.
Collect booth fees, deposits or other payments for events that won’t take place or that you don’t intend to provide.
Impersonate another host, vendor, business or person, or misrepresent your connection with one.
Sell or promote goods or services that are illegal, that require a licence you don’t have, or that a market’s rules prohibit.
Use vendors’ or applicants’ private information (contact details, tax numbers, accessibility needs or documents) for anything other than reviewing their applications and running your event.
Connect a domain you don’t own or aren’t authorized to use, or use a host website for phishing, malware or content unrelated to markets or events.
Upload content that infringes someone else’s rights, such as photos, logos, music or fonts you don’t have permission to use.
Get around plan limits or feature restrictions, for example by sharing one paid plan across organizations.
Sell or transfer your account, except by transferring ownership of an organization through the Services.
General
Scrape or systematically collect listings, profiles, contact details or other data from the Services, or use bots, scripts or other automated means to access them, create accounts or send applications or messages (normal search-engine indexing is fine).
Trick, defraud or mislead us or other users, especially to get sign-in or other sensitive information.
Get around, disable or interfere with security features, or any measures that restrict access to or use of the Services.
Use information from the Services to harass, abuse or harm anyone.
Harass, threaten or abuse other users, or anyone working on the Services.
Misuse our support or reporting tools, including making false reports.
Upload viruses or other harmful code, or anything that interferes with, disrupts or overloads the Services or the networks connected to them.
Add tracking pixels, spyware or other hidden data-collection mechanisms to content on the Services.
Copy, decompile or reverse engineer the Services’ software, except where the law allows, or remove copyright or other notices.
Frame the Services or link to them in a misleading way.
Use the Services to build a competing product.
Use the Services in any way that breaks the law.
9. Your content
The Services let you create and share content such as events, market and vendor profiles, photos, logos, applications, messages, emails, website pages and posts (your “Content”).
You own your Content. We don’t claim ownership of it.
You give us permission to use it to run the Services: a worldwide, non-exclusive, royalty-free licence to host, store, copy, display, adapt (for example, resize images) and distribute your Content as needed to provide the Services. For example, publishing your event pages, website and profile, sending your applications to hosts and your emails to subscribers, and showing your public listings in search. The licence ends when you delete the Content or your account, except for copies already shared with other users (such as an application a host has received) and backups kept for a limited time.
Public Content can be seen by anyone, including through search engines and when people share links.
You’re responsible for your Content. You confirm you have the rights to it, that it’s accurate and that it doesn’t break the law or these Terms, including the prohibited activities above. To the extent the law allows, you waive moral rights in your Content as needed for us to provide the Services.
We aren’t responsible for other users’ Content, and we don’t check it before it’s published. Report anything that breaks these Terms using the report tools or at hello@happentry.ca.
10. Managing the Services
We may, but don’t have to: monitor the Services for breaches of these Terms; remove, hide or limit Content that breaks them or the law; limit files that are excessively large or burden our systems; report illegal activity to the authorities; and otherwise manage the Services to protect our users, our rights and how the Services work.
11. Term and termination
You can stop at any time. Cancel a paid plan in your organization’s billing settings, and ask us to delete your account at privacy@happentry.ca.
We may suspend or close your account, or remove Content, if you break these Terms or the law, if you put other users or the Services at risk, or if we’re required to. Where practical, we’ll tell you why and give you a chance to fix the problem first. For serious or repeated breaches, we may act immediately.
If we close your account for breaking these Terms, you may not create a new one without our permission, and we won’t refund fees already paid.
If we stop providing the Services altogether, we’ll give you at least 30 days’ notice where we can, time to export your information, and a prorated refund of fees you prepaid for the period after they stop.
Sections that by their nature should continue after these Terms end (such as ownership, disclaimers, limits of liability and dispute resolution) continue to apply.
12. Changes and interruptions
We keep improving Happentry, so features may change, be added or be removed. If a change significantly reduces what a paid plan includes, we’ll tell you in advance, and you can cancel.
We work to keep the Services available, but can’t guarantee they’ll always be. Hardware, software or network problems, maintenance and events outside our control can cause interruptions, delays or errors. Except as these Terms say otherwise, we aren’t liable for loss or inconvenience caused by downtime.
13. Governing law
These Terms are governed by the laws of the Province of Alberta and the federal laws of Canada that apply there. You and we agree that the courts of Alberta, sitting in Calgary, have jurisdiction over any dispute about these Terms or the Services. If you are a consumer, nothing in this section takes away the protection of the laws of the province or country where you live, or any right you have to bring a claim in your local courts.
14. Resolving disputes
Talk to us first
Most problems can be sorted out quickly. Before starting any legal claim about these Terms or the Services (a “Dispute”), you and we each agree to first send the other a written description of the Dispute (we’ll use the email on your account; you can use hello@happentry.ca) and try in good faith to resolve it informally for at least 30 days.
Then, the courts
If a Dispute isn’t resolved within 30 days, either of us may take it to the courts described in §13 Governing law, including small claims court (in Alberta, the Civil Claims division of the Court of Justice) for claims within its limits. Either of us may go straight to court, without waiting, to protect intellectual property or confidential information, or to seek urgent relief.
15. Corrections
Information on the Services, including event details, descriptions and prices, may contain errors or omissions, and much of it is provided by hosts and vendors. We may correct errors and update information at any time.
16. Disclaimer
To the fullest extent permitted by law, the Services are provided “as is” and “as available,” and you use them at your own risk. We disclaim all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose and non-infringement. We don’t warrant that the Services will be uninterrupted, secure or error-free, or that information on them (including events, listings, profiles and content provided by hosts, vendors or other users) is accurate or complete.
We are not responsible for events, markets, products or services offered by hosts, vendors or other third parties through the Services; for payments, refunds or agreements between hosts and vendors; for anything that happens at an event; or for websites we link to.
Some laws, including consumer protection laws in parts of Canada, don’t allow certain warranties to be excluded. If they apply to you, some of these exclusions may not apply, and you keep the rights those laws give you.
17. Limitation of liability
To the fullest extent permitted by law, we will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, lost revenue, lost sales or lost data, arising from or related to the Services or these Terms, even if we were told they were possible.
To the fullest extent permitted by law, our total liability for all claims arising from or related to the Services or these Terms is limited to the greater of (a) the amount you paid us for the Services in the 12 months before the event giving rise to the claim, or (b) $100 CAD.
These limits don’t apply to liability that can’t be limited by law, including for fraud, intentional misconduct or gross negligence, or for death or personal injury caused by our negligence. If you are a consumer, they don’t affect your rights under consumer protection laws that can’t be waived.
18. Indemnification
To the extent permitted by law, you agree to defend, indemnify and hold harmless Happentry and the people who work with us from any claim, loss, liability or expense (including reasonable legal fees) brought by someone else that arises from: your Content; your events, products or services; your breach of these Terms or the law; or your violation of someone else’s rights, including privacy, anti-spam or intellectual property rights. We may take over the defence of such a claim, and you agree to cooperate. We’ll let you know promptly about any claim this covers. This doesn’t require you to indemnify us for claims caused by our own fault.
19. Your data
We keep the information you add to Happentry to provide the Services, and we back it up regularly. Even so, keep your own copies of anything important. Hosts can export their mailing lists and payment records from Happentry at any time. To the extent permitted by law, we aren’t liable for loss or corruption of data, except where it’s caused by our failure to take reasonable care. How we handle personal information is described in our Privacy Policy.
20. Electronic communications
Using the Services, sending us emails and filling in online forms are electronic communications. You agree to receive communications from us electronically, by email or in the Services, and that agreements, notices and other communications we provide electronically satisfy any legal requirement that they be in writing. You agree to the use of electronic signatures, contracts and records, and to electronic delivery of notices and records of transactions.
21. Privacy
Our Privacy Policy explains how we collect, use and share personal information, and forms part of these Terms.
22. Miscellaneous
These Terms, together with our Privacy Policy and any plan details or policies we post on the Services, are the entire agreement between you and us about the Services. If we don’t enforce a part of these Terms, that isn’t a waiver of it. If any part is found unenforceable, the rest stays in effect. We may transfer our rights and obligations under these Terms, for example if Happentry is incorporated or sold, and will tell you if we do; you may not transfer yours without our permission. We aren’t responsible for delays or failures caused by events beyond our reasonable control. These Terms don’t create a partnership, joint venture, employment or agency relationship between you and us. You agree these Terms are valid even though they’re electronic and not signed.