Terms and Conditions

1. Acceptance of Terms

By accessing and using HappyCluster ("Service"), you accept and agree to be bound by the terms and provision of this agreement. If you do not agree to these Terms and Conditions, please do not use our Service.

2. Description of Service

We provide a specialized B2B SaaS platform, SoftMarket, designed for the architectural and design industries. Our service offers AI-driven talent discovery and recruitment tools, allowing firms to identify and connect with high-tier design talent. Our services include:

• Portfolio analysis and aesthetic coordinate mapping (SoftIndex)
• Job matching based on visual style (SoftAI)
• Market intelligence and trajectory analysis (SoftData)
• Sandbox environment for testing features

3. Payments, Subscriptions, and Digital Fulfillment

Users pay for subscription-based access or one-time fees to activate 'hiring signals,' which enhance recruitment visibility and facilitate professional matching through our proprietary visual intelligence engine.

• Digital Services Only: All services provided by SoftMarket and HappyCluster are strictly digital in nature. There is no physical shipping of any products or goods.
• Immediate Fulfillment: Upon successful payment for a subscription or a one-time hiring signal, the digital service or feature is fulfilled and activated immediately within your account.

4. User Accounts and Registration

You may use certain features of our Service without registration (sandbox mode). To access premium features, you must:

• Provide accurate and complete registration information
• Maintain the security of your account credentials
• Notify us immediately of any unauthorized access
• Be responsible for all activities under your account

5. Acceptable Use

You agree not to:

• Use the Service for any illegal or unauthorized purpose
• Upload content that infringes on intellectual property rights
• Attempt to gain unauthorized access to our systems or other users' accounts
• Interfere with or disrupt the Service or servers
• Use automated systems (bots, scrapers) without permission
• Abuse rate limits or attempt to circumvent security measures
• Impersonate others or misrepresent your affiliation

6. Intellectual Property Rights

7. Sandbox Mode Limitations

Our sandbox environment is provided for testing purposes with the following limitations:

• Maximum 5 portfolio images per session
• 3 Deep Match runs per day
• Data may be deleted after 90 days of inactivity
• No guarantee of data persistence
• Features may differ from production environment

8. Beta Disclaimer

HappyCluster is currently in beta. The Service is provided "as is" and "as available" without warranties of any kind. We reserve the right to:

• Modify or discontinue features at any time
• Limit access during high-demand periods
• Change pricing or plans (with notice)
• Experience occasional downtime or bugs

9. Data and Privacy

Our collection and use of personal information is described in our Privacy Policy. By using the Service, you consent to our data practices as outlined in the Privacy Policy.

10. Limitation of Liability

To the maximum extent permitted by law, HappyCluster shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses resulting from:

• Your use or inability to use the Service
• Unauthorized access to or alteration of your content
• Statements or conduct of any third party on the Service
• Any other matter relating to the Service

11. Indemnification

You agree to indemnify and hold harmless HappyCluster and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from your use of the Service or violation of these Terms.

12. Termination

We reserve the right to suspend or terminate your access to the Service at any time, without prior notice, for conduct that we believe violates these Terms or is harmful to other users, us, or third parties, or for any other reason.

13. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify users of material changes via email or through the Service. Your continued use of the Service after changes constitutes acceptance of the modified Terms.

14. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which HappyCluster operates, without regard to its conflict of law provisions.

15. Dispute Resolution

Any disputes arising from these Terms or your use of the Service shall be resolved through binding arbitration, except where prohibited by law. You waive your right to participate in class-action lawsuits.

16. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect.