Terms of service

Happy Tiles Terms of Use and Sale

Effective date: October 26, 2026

These Terms of Use and Sale govern your use of happytiles.com and related ordering tools and services (the “Services”) and your purchases of photo tiles, prints, frames, and other products we offer (“Products”). Your agreement is with FrameStory US Inc., doing business as Happy Tiles (“Happy Tiles,” “we,” “us,” or “our”). Our business and legal-notice address is 16192 Coastal Hwy, Lewes, DE 19958, USA.

PLEASE READ THESE TERMS BEFORE ORDERING. SECTION 18 REQUIRES INDIVIDUAL ARBITRATION OF MOST DISPUTES INVOLVING U.S. CUSTOMERS AND INCLUDES A CLASS ACTION WAIVER AND A 30-DAY RIGHT TO OPT OUT. SECTIONS 8, 9, 15, AND 16 ADDRESS PRODUCT REMEDIES, INSTALLATION RISKS, WARRANTY LIMITATIONS, AND LIMITATIONS OF LIABILITY. MANDATORY LEGAL RIGHTS REMAIN UNAFFECTED AS DESCRIBED IN SECTION 2.

1 Acceptance and eligibility

By selecting an acceptance control or placing an order after these Terms have been clearly presented to you, you agree to these Terms. Use of the Services following conspicuous notice that such use constitutes acceptance also constitutes agreement to the extent permitted by law. If you do not agree, do not order or use the Services.

You must be at least 18 and legally able to enter a binding contract to place an order or create an account. The Services are not directed to children under 13. A person aged 13 to 17 may use the Services only under a parent’s or legal guardian’s supervision; that adult must place any order and accept these Terms. If you act for an organization, you represent that you have authority to bind it.

Our Privacy Policy at https://happytiles.com/privacy-policy explains our handling of personal information. Acceptance of these Terms does not replace any separate consent required for marketing, sensitive information, or other regulated processing. Specific product, promotion, or program terms clearly disclosed before purchase govern their subject matter if they conflict with these Terms. Express product promises forming part of your purchase remain applicable.

2 Mandatory consumer rights

Nothing in these Terms excludes or restricts rights, warranties, remedies, or liabilities that applicable law does not allow us to exclude or restrict. This includes applicable rights concerning defective or misdescribed goods, delivery, refunds, payment disputes, privacy, and access to courts or regulators. Any restriction in these Terms applies only to the extent legally permitted. If a mandatory rule conflicts with these Terms, that rule controls.

Our policies for discretionary returns and goodwill assistance are separate from mandatory legal remedies. A request deadline, original-packaging requirement, prior-authorization process, or evidence request does not extinguish a right that cannot lawfully be restricted in that manner.

Orders are primarily offered in the United States; we also accept orders for Canada, the United Kingdom, and Germany where checkout supports delivery. Availability of a destination does not guarantee that every Product or service is available there.

For UK and German consumers, the statutory change-of-mind withdrawal right generally does not apply to goods made to your specifications or clearly personalized. Merely selecting a standard stock option does not necessarily make an item exempt. Eligible non-personalized distance purchases generally carry a 14-day withdrawal right; applicable instructions, return-cost information, and any required withdrawal form must be provided before purchase. Your rights concerning faulty or misdescribed goods remain available regardless of personalization. UK consumers retain applicable rights to reject faulty goods, repair or replacement, and a price reduction or refund. German consumers retain statutory conformity remedies, generally for two years from delivery of new goods. Our voluntary guarantee does not replace or shorten those rights.

Canadian consumers retain applicable provincial and territorial warranties, cancellation rights, and remedies, including mandatory Quebec protections where applicable. The U.S. arbitration agreement in Section 18 does not apply to customers residing in Canada, the UK, or Germany. No provision requires a consumer to waive nonwaivable local court rights or permits us to substitute our preferred remedy where local law gives the consumer that choice.

3 Accounts and permitted use

Provide accurate contact, payment, and delivery information and promptly update it. Keep your login credentials secure and notify support@HappyTiles.com promptly of suspected unauthorized activity. You are responsible for activity you authorize and for losses resulting from your failure to use reasonable care, subject to applicable law.

You may use the Services to order Products for personal use, gifts, and lawful display in your business. Resale, dropshipping, use of our branding, and commercial exploitation of our ordering technology require our prior written permission or a separate agreement.

You must not impersonate another person; use unauthorized payment methods; manipulate reviews or promotions; submit knowingly false claims; introduce malicious code; bypass security or purchasing limits; scrape or systematically extract site content; reverse engineer protected technology except where law permits; interfere with the Services; or threaten or harass our personnel or other users. Honest criticism, lawful reviews, and good-faith complaints or payment disputes are permitted.

4 Orders and payment

An order is your offer to purchase the selected Products at the total shown at checkout. You authorize us and our payment providers to collect that amount, including disclosed taxes, shipping, and fees. We may collect payment when you order. An automated receipt acknowledges the order; acceptance occurs when we expressly confirm acceptance or begin production, whichever occurs first.

We may refuse, limit, or cancel an order for suspected fraud, unlawful or prohibited content, payment problems, incorrect pricing, unavailable materials, delivery restrictions, or other legitimate business reasons. If we cancel an order without fulfilling it, we will notify you and promptly refund amounts paid for the canceled portion, including associated charges where applicable. We will not increase your accepted price or make a material product substitution without your agreement.

Prices, designs, availability, and promotions may change for future orders. We may correct genuine listing or checkout errors; if a correction materially affects an existing order, we will seek your agreement or cancel the affected portion and refund it. You are responsible for additional customs charges only where disclosed before purchase and lawfully chargeable to you.

5 Customization and print results

Products printed with your images or made to your chosen specifications are “Custom Products.” Before checkout, review your image selection, crop, orientation, layout, text, dimensions, materials, quantities, delivery address, and any preview. Submitting your order approves those selections and authorizes production without further proof approval unless we expressly agree otherwise.

You are responsible for errors in the files or selections you supply, including low resolution, blur, spelling, duplicate images, and cropping shown in the approved preview. We do not undertake to inspect or correct every submission. Automated quality warnings and optional assistance do not guarantee that all problems will be detected.

Screens, lighting, printing processes, and materials affect appearance. Reasonable differences in color, brightness, texture, grain, and finish may occur, and previews are illustrative rather than exact physical samples. These qualifications do not excuse a material departure from the agreed specification, an undisclosed material substitution, a manufacturing defect, or a breach of an express product promise.

We may resize, compress, crop to the selected layout, convert formats, and make technical adjustments reasonably needed to produce your approved design. We will obtain your approval for a material change to that design. Unless separately agreed, orders concern reproduction of digital files; do not send original artwork or irreplaceable physical items to us.

5A Artificial intelligence features and content

We use artificial intelligence and automated tools for Photo Art creation, image enhancement, and image-quality review as part of normal order fulfillment. These tools may generate or transform image content, prepare files for printing, and help identify quality issues. We may use our own technology or third-party AI, image-processing, hosting, and other service providers, and may select, add, replace, or discontinue providers, models, and tools from time to time. Your purchase does not entitle you to any particular provider, model, or technical process unless we expressly agree otherwise. Such changes remain subject to your accepted order specifications, our privacy obligations, and any notice or consent required by law. Additional features, such as background editing, design suggestions, or automated support, are subject to the descriptions presented when offered. We may set usage limits or change features, subject to accepted orders, paid entitlements, and applicable law. Any separate charge will be disclosed before you choose a paid feature.

By submitting images and placing an order, you authorize us and our supporting service providers to process the images, prompts, instructions, and resulting outputs reasonably needed to create your selected Photo Art, enhance your images, review quality, prepare previews, and fulfill and support that order. We do not request a separate opt-in for each routine fulfillment step where applicable law permits that processing without one. This contractual authorization does not replace a lawful basis, privacy notice, or specific consent required by applicable law. Ordering does not provide blanket consent for unrelated uses of personal information. Technical adjustments may occur without individual approval; material creative changes beyond the style, effect, or design you selected require your approval. Do not submit information you lack permission to share or sensitive information unnecessary for the order. Do not enter payment-card details, passwords, or identity documents into a general-purpose prompt or support chat.

AI can invent details, change a person's likeness, distort hands or faces, introduce artifacts, miss image defects, or produce inaccurate text or suggestions. Outputs may not faithfully reconstruct an original scene or match other outputs from the same inputs. Review the actual output, crop, text, and design presented for approval before ordering. When you choose an AI output and approve its visible design, that choice becomes part of your order specification. We do not promise that every generated output will meet your artistic preferences, be historically or factually accurate, be unique, or qualify for copyright protection. These qualifications do not reduce the 60-day happiness guarantee in Section 8 or excuse a printing defect, an undisclosed material alteration, failure to supply the approved design, or another remedy required by law.

You retain the rights you already hold in your inputs. To the extent we hold rights necessary to authorize use of an output generated for you through the Services, we grant you a nonexclusive, worldwide, royalty-free license to use that output for the purposes permitted by Section 3, subject to any additional restrictions clearly disclosed before you use the feature. This does not transfer rights in our underlying technology, third-party material, or other customers' content. Similar outputs may be generated for others. You are responsible for having the rights needed for your inputs and intended use; the fact that an image was generated or edited with AI does not itself establish those rights.

The content restrictions in Section 10 apply to prompts, inputs, and outputs. You must not use AI features to create deceptive impersonations, fraudulent evidence, unlawful intimate imagery, sexual exploitation of minors, or content that infringes intellectual property, privacy, or publicity rights. We may block requests or decline production on the grounds described in these Terms. Your indemnification obligations under Section 17 apply to third-party claims caused by your unlawful inputs, instructions, or use; they do not transfer responsibility for our own conduct to you.

AI fulfillment processing and model development are distinct purposes. The order-fulfillment license in these Terms is not blanket permission to train or improve general-purpose models using private Customer Content. Any model-training or other additional use by us or an AI provider is subject to appropriate disclosure, an applicable lawful basis, and any consent required by law. Acceptance of these Terms alone does not supply that consent where it must be obtained separately. These Terms do not themselves authorize biometric identification or inference of sensitive personal traits from photographs. Provider access, retention, international transfers, and deletion are subject to applicable privacy law and the disclosures required in our Privacy Policy and any relevant feature notice.

If an AI assistant is offered, its responses may contain mistakes. Contact support@HappyTiles.com to request human review of an unresolved order, warranty, or account issue. General automated guidance does not by itself change these Terms or confirm a refund, cancellation, or order change; an expressly designated transaction confirmation may do so. This qualification does not remove responsibility for binding representations, accepted commitments, or mandatory consumer rights. Sections 15 and 16 apply to AI features only within their stated legal limits.

6 Changes and cancellations

Custom production may begin immediately after checkout. There is no guaranteed period in which an order can be changed or canceled. Contact support@HappyTiles.com immediately with your order number if you need assistance. A request does not stop production, and a change or cancellation is effective only when we confirm it in writing.

Once production has begun, Custom Products cannot be canceled or changed for convenience. Before production begins, we may accept a cancellation or change at our discretion. We will disclose any proposed change fee or additional price and obtain your agreement before processing it. If we accept a cancellation before production, we will refund the canceled portion; any deduction must have been disclosed and agreed before purchase and must be lawful.

Any exception we offer after production begins is voluntary, and its conditions will be provided for your agreement. Nothing in this section limits a cancellation or refund required because of our failure to perform, a legally protected withdrawal right, or another mandatory legal requirement.

7 Production and delivery

Production time and carrier transit time are separate unless checkout expressly states a combined delivery period. Dates are estimates unless we expressly promise a guaranteed date. Expedited shipping accelerates carrier service after dispatch and does not include priority production unless that is expressly stated. We may ship an order in separate parcels without charging extra shipping beyond the agreed total.

We will comply with applicable obligations concerning shipment promises, delay notices, consent to delayed shipment, cancellation, and refunds. Calling a date an estimate does not waive those obligations. If we cannot fulfill an order, we will refund the unfulfilled portion as required by law.

You are responsible for providing a complete, accurate, accessible delivery address. Where lawful, additional shipping or reproduction costs caused by an address error you supplied, refusal of a conforming delivery, or failure to collect a parcel are your responsibility; we will explain the charges before collecting them. We remain responsible for errors attributable to us.

For consumer orders, risk of loss passes when the Products are delivered to you or your designated recipient at the agreed address, subject to mandatory law. For an expressly designated business purchase, risk passes to the buyer when we hand the Products to the carrier, to the extent permitted by law. A delivery scan is evidence of delivery, not an automatic rejection of a genuine non-delivery claim. Notify us promptly about missing or damaged parcels and reasonably cooperate with an investigation. We do not guarantee protection against theft occurring after completed delivery.

8 Happiness guarantee returns and limited product warranty

Our 60-day happiness guarantee applies to Products purchased directly from Happy Tiles. If you are unhappy with your order, contact support@HappyTiles.com within 60 days after delivery and tell us what went wrong. We will work with you to resolve the concern and provide an appropriate repair, reprint, replacement, or refund for the affected Product. We may choose the appropriate remedy unless applicable law or a specific promise accompanying your purchase gives you that choice. This guarantee includes dissatisfaction with the received print and is not limited to manufacturing defects. It does not cover loss, damage, or deterioration caused after delivery by misuse, unauthorized modification, or failure to follow the supplied care and installation instructions. We may refuse demonstrably fraudulent or duplicate claims, but a good-faith complaint or honest review is not abuse.

Custom Products are made for your order. Outside the happiness guarantee, another express return offer, or applicable legal rights, they are final sale for changes of mind or customer-supplied errors. Non-custom Products are subject to the return rights disclosed before purchase and mandatory law, including applicable withdrawal rights described in Section 2. Nothing in this paragraph narrows the 60-day guarantee above.

FrameStory US Inc. provides the original purchaser a limited warranty that Products will be free from defects in materials and workmanship for 60 days after delivery. This warranty also covers damage present on delivery and Products materially different from the accepted order. It does not cover customer-supplied image or design errors, ordinary wear, misuse, unauthorized modification, unsuitable surfaces, improper installation or removal, or exposure outside the stated product conditions, to the extent those circumstances caused the problem.

To request warranty service, email support@HappyTiles.com within the warranty period with your order number, a description, and reasonably available photographs showing the issue. For a problem discovered near the end of that period, notify us promptly after discovery. We may reasonably request additional information or inspection. A claim under mandatory law or another applicable express warranty remains available for its legally applicable period even after this 60-day warranty ends.

For a covered warranty issue, we may choose to repair, reproduce, replace, or refund the affected Product, unless applicable law gives you the choice of remedy. We pay reasonable costs of the approved remedy, including necessary return shipping. A refund includes the amount actually paid for the affected Product after allocated discounts, applicable tax, and associated shipping charges to the extent required. If we cannot provide an effective repair or replacement within a reasonable time, we will provide a refund or another remedy required by law. Store credit may replace a monetary refund only with your agreement where lawful.

Do not return an item without instructions. We may waive its return, request that it be retained for inspection, or provide a prepaid label for a covered claim. Original packaging is helpful but is not mandatory for a legitimate defect claim. Do not discard a potentially unsafe item until we give safe handling instructions, unless immediate disposal is necessary for safety.

For a discretionary return outside the guarantee or applicable legal rights that we separately authorize, the written authorization will state its deadline, condition requirements, shipping responsibility, and any agreed lawful deduction. Extra goodwill assistance beyond the guarantee on one order does not create a standing additional return entitlement. No customer receives duplicate compensation for the same loss, subject to applicable law.

THIS IS A LIMITED WARRANTY. IT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE OR BY JURISDICTION. WE DO NOT DISCLAIM IMPLIED WARRANTIES TO THE EXTENT A WRITTEN WARRANTY OR APPLICABLE LAW PREVENTS US FROM DOING SO. THIS WARRANTY DOES NOT SHORTEN NONWAIVABLE STATUTORY RIGHTS.

9 Installation and care

Follow the instructions supplied for your particular Product, mounting system, surface, and weight. Adhesive tiles, glass or metal tiles, canvas products, and framed products may require different handling. Use only the mounting system specified for that Product. Confirm that the wall, coating, and mounting hardware are suitable, and obtain any required property-owner permission.

Adhesion and removal depend on surface condition, paint or finish, curing time, humidity, temperature, contamination, installation technique, and repeated repositioning. Test in an inconspicuous area where appropriate and consistent with the instructions. Do not install on loose, flaking, damp, dirty, or otherwise unsuitable surfaces. Inspect mounted Products periodically and remove or secure them if adhesion or hardware deteriorates. Do not install where a fall could foreseeably injure someone or damage valuable property, including above a crib or sleeping area, without a suitable independently secured mounting system.

Unless an express product promise states otherwise, we do not guarantee compatibility with every surface, unlimited resticking, permanent adhesion, or damage-free removal in every circumstance. Where lawful, you bear the risk of damage caused by unsuitable surfaces, failure to follow instructions, misuse, or unauthorized mounting methods. Any exclusion of responsibility for paint, wallpaper, plaster, wall repairs, or falling Products is subject to Sections 2, 8, and 16, including mandatory product-safety obligations and liability that cannot be excluded. General disclaimers do not override a specific product promise on which your purchase was based.

10 Your content and permissions

You retain the rights you hold in your uploaded photos, text, designs, prompts, and other submitted materials (“Customer Content”). AI outputs are addressed in Section 5A. You represent that you have the rights, licenses, and permissions needed for us and our service providers to reproduce and process your Customer Content for your order or requested feature, including applicable copyright, privacy, publicity, and permissions relating to identifiable individuals and children. Possessing a copy of a photograph does not necessarily give you reproduction rights. You must provide reasonable evidence of relevant permissions if requested.

You grant us a nonexclusive, worldwide, royalty-free license to store, copy, transmit, adapt for production, print, and display Customer Content to the extent reasonably needed to operate your account and design tools, perform the AI fulfillment processing and requested features described in Section 5A, prepare previews, fulfill and support orders, provide requested reorders, perform quality control, investigate misuse, and meet legal or recordkeeping obligations. We may allow our hosting, AI-processing, production, fulfillment, and support providers to exercise this license for those purposes. Retention and deletion are governed by our Privacy Policy and applicable law; the license continues only as necessary for those purposes and lawfully retained records.

Where permitted by law and your communication preferences, we may show you private previews using your Customer Content in communications directed to you about our Products. The fulfillment license does not authorize public advertising with your private photos or sale of your photos as stock content. Additional AI model-training uses are addressed in Section 5A. Public promotional use requires the separate permission described in Section 11.

Do not submit unlawful or infringing material; threats or incitement to violence; sexual exploitation of minors; nonconsensual intimate imagery; graphic sexual or violent material; or content depicting animal cruelty. We may decline other content reasonably considered unsafe, abusive, or unsuitable for our production environment. We may review submissions without undertaking a duty to identify every violation, refuse production, remove content, suspend access, and cooperate with lawful requests. Any cancellation and refund will follow Section 4 and applicable law.

We retain uploaded customer photos for no longer than 12 months, and usually for less than three months, as described in our Privacy Policy and subject to applicable legal requirements. During that period, photos may be retained as needed for production, quality review, customer support, reorders, or replacements. We may delete them sooner, so availability for reorders is not guaranteed. Contact support@HappyTiles.com to request earlier deletion or exercise applicable privacy rights. Order, payment, and legally required transaction records are distinct from uploaded photo files; retention of those other records does not by itself extend the photo-retention period. Our Privacy Policy explains personal-information processing and applicable deletion rights.

Keep your own copies. The Services are not a guaranteed archival or backup service. Copyright complaints may be sent to support@HappyTiles.com with identification of the work, the allegedly infringing material, your contact details, and the basis for your authority. We may request further legally required information and address repeat infringement as appropriate.

11 Reviews and promotional permissions

If you deliberately submit a review, testimonial, photograph, or other material through a feature clearly designated for public publication, you grant us a nonexclusive, worldwide, royalty-free license to reproduce, display, distribute, and format that submission in connection with the Services and their promotion, with the name or handle you supplied for publication. We may correct formatting or shorten a submission without materially changing its meaning. You retain ownership and must have permission for any people or third-party material included in the submission. A private support message or ordinary order upload is not a public submission.

We may separately request permission to use specified photos or reproductions of your Products in marketing. If you accept a request that clearly identifies the approved material and uses, you authorize us and our marketing providers to reproduce, resize, crop, display, and distribute that material, without royalties, in the channels and for the period stated in the request, subject to applicable privacy rights. A social-media tag alone does not grant this permission. We will not imply an endorsement beyond what you authorized.

You may give us product ideas and suggestions voluntarily. Unless we agree otherwise in writing, we may use such nonconfidential feedback without payment or attribution. This permission does not transfer ownership of your reviews or expand our rights in private photographs. Nothing in these Terms prohibits or penalizes an honest review.

12 Promotions and gift cards

Offers are subject to their stated dates, quantities, eligibility, exclusions, and other conditions. Unless the offer says otherwise, discounts cannot be combined, applied retroactively, or exchanged for cash, and introductory offers are limited to one per eligible customer. We may reject manipulated or fraudulently obtained promotions. A change to a promotion does not remove a discount already accepted as part of an order.

Paid Happy Tiles gift cards and gift codes may be redeemed for the eligible Products or value described at purchase. A code sold for a specified number, type, and size of tiles includes that stated entitlement and any shipping expressly included in the offer; it is not automatically converted into a smaller monetary credit because prices later rise. Optional upgrades or extras may require an additional payment disclosed before ordering. Where a card instead carries a monetary balance, purchases reduce that balance and any excess must be paid separately. The offer will identify which form applies.

Gift cards and codes cannot be used to purchase gift cards, resold for value, or redeemed for cash except where required by law. Paid entitlements do not expire and are not subject to inactivity fees. Keep gift-card credentials secure; contact us promptly about loss, failed delivery, or suspected misuse. Any replacement is subject to reasonable verification and applicable law. You are responsible for providing the correct recipient email and delivery date. Separate promotional credits may carry an expiration date conspicuously disclosed when issued where lawful. They do not replace paid entitlements or refunds owed to you.

13 Communications and third parties

You agree to receive order confirmations, service updates, and other transaction-related notices electronically at the contact details you provide, subject to legal requirements for electronic records and consent. Maintain an accessible email address and retain copies of important notices. Marketing email and text messages are subject to applicable law and any separate permission or program terms. Purchasing a Product does not by itself constitute consent to automated marketing texts. Follow the unsubscribe instructions in a message to stop marketing communications.

Payment, financing, photo-import, and other independent third-party services may have their own terms. You must be authorized to connect any external account. We may change or discontinue integrations and are not responsible for independent third-party content or conduct outside our control, subject to applicable law. Using providers to perform our own obligations does not eliminate those obligations.

14 Our intellectual property and service changes

Our branding, software, design tools, product designs, site materials, and other intellectual property belong to us or our licensors. Except for your Customer Content and the limited right to use the Services as permitted here, no intellectual property rights are transferred to you. You may not reproduce or exploit our protected materials without permission except as applicable law allows.

We may maintain, modify, limit, or discontinue features and may suspend or terminate access for a material breach, fraud, security risk, nonpayment, or legal requirement. Where practicable and appropriate, we will provide notice. These actions do not eliminate our obligations for accepted orders or refunds. Termination does not affect accrued rights or provisions intended to survive, including lawful content permissions, indemnification, liability limitations, and dispute resolution.

15 Warranty limitations

TO THE EXTENT PERMITTED BY LAW, THE WEBSITE, DESIGN TOOLS, PREVIEWS, AND OTHER DIGITAL SERVICES ARE PROVIDED AS AVAILABLE AND AS IS. WE DO NOT GUARANTEE UNINTERRUPTED OR ERROR-FREE ACCESS, PERFECT SCREEN-TO-PRINT MATCHING, OR THAT EVERY IMAGE-QUALITY PROBLEM WILL BE DETECTED.

EXCEPT FOR SECTION 8, OTHER EXPRESS WARRANTIES THAT APPLY TO YOUR PURCHASE, AND WARRANTIES OR DUTIES THAT CANNOT LAWFULLY BE DISCLAIMED, WE DISCLAIM IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT TO THE EXTENT PERMITTED BY LAW. THIS DISCLAIMER DOES NOT APPLY TO IMPLIED PRODUCT WARRANTIES THAT WE ARE PROHIBITED FROM DISCLAIMING BECAUSE WE PROVIDE A WRITTEN WARRANTY. WE DO NOT USE THESE TERMS TO DISCLAIM OBLIGATIONS UNDER OUR PRIVACY POLICY OR APPLICABLE DATA-SECURITY LAW.

16 Limits on liability

SUBJECT TO THE EXCEPTIONS BELOW, HAPPY TILES AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR LOST PROFITS, REVENUE, BUSINESS OPPORTUNITIES, GOODWILL, OR DATA, ARISING FROM THE SERVICES OR PRODUCTS, TO THE EXTENT PERMITTED BY LAW.

SUBJECT TO THE SAME EXCEPTIONS, OUR TOTAL AGGREGATE LIABILITY FOR CLAIMS ARISING FROM A PRODUCT OR ORDER WILL NOT EXCEED THE TOTAL AMOUNT YOU ACTUALLY PAID FOR THE AFFECTED PRODUCTS, INCLUDING ASSOCIATED TAX AND SHIPPING. FOR CLAIMS UNRELATED TO A PURCHASE, OUR TOTAL AGGREGATE LIABILITY WILL NOT EXCEED US$100. RELATED CLAIMS BASED ON THE SAME EVENTS ARE SUBJECT TO ONE AGGREGATE CAP; THE NUMBER OF CLAIMS OR DEFENDANTS DOES NOT MULTIPLY IT. THESE LIMITS APPLY REGARDLESS OF THE LEGAL THEORY AND EVEN IF THE POSSIBILITY OF LOSS WAS KNOWN, BUT ONLY TO THE EXTENT ENFORCEABLE UNDER APPLICABLE LAW.

THESE EXCLUSIONS AND CAPS DO NOT APPLY TO FRAUD, GROSS NEGLIGENCE, WILLFUL MISCONDUCT, DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE, OR ANY LIABILITY OR REMEDY THAT CANNOT LAWFULLY BE LIMITED. THEY DO NOT REDUCE REQUIRED REFUNDS, PAYMENT OBLIGATIONS UNDER AN APPLICABLE EXPRESS WARRANTY, OR NONWAIVABLE STATUTORY COMPENSATION. IF A LIMITED REMEDY FAILS ITS ESSENTIAL PURPOSE, OTHER REMEDIES REMAIN AVAILABLE TO THE EXTENT REQUIRED BY LAW. SOME JURISDICTIONS DO NOT ALLOW PARTICULAR EXCLUSIONS OR LIMITATIONS, SO THEY MAY NOT APPLY TO YOU.

For consumers in Germany, the monetary caps and damage exclusions above do not apply to liability for breach of an essential contractual obligation whose performance is necessary to achieve the contract's purpose and on which the consumer may ordinarily rely. For simple negligence in breaching such an obligation, liability is limited to loss that was foreseeable and typical for the contract, only to the extent German law permits. This qualification does not restrict the exceptions above, liability under mandatory product-liability law, or an expressly assumed guarantee.

17 Your indemnification obligations

To the extent permitted by law, you will defend, indemnify, and hold harmless FrameStory US Inc. and its affiliates, officers, employees, agents, and providers against third-party claims, reasonable defense costs, and resulting damages to the extent caused by your unlawful or infringing Customer Content, your material breach of these Terms or content representations, your violation of another person’s rights, or your unlawful or unauthorized use of the Services or Products.

This obligation does not apply to the extent a claim results from our negligence, misconduct, breach of these Terms, or use of your content outside the permissions granted. We will notify you reasonably promptly, provide reasonable cooperation at your expense, and permit a defense by competent counsel reasonably acceptable to us. We may participate with our own counsel at our expense. You may not settle a claim in a way that imposes liability, admissions, or nonmonetary obligations on an indemnified party without its written consent. If you fail to assume a required defense, we may do so and recover reasonable covered costs where lawful.

18 Disputes and individual arbitration

This section’s arbitration agreement applies to customers residing in the United States. For other customers, Section 19 governs disputes subject to mandatory local law. “Dispute” means a claim between you and FrameStory US Inc. relating to these Terms, the Services, Products, advertising, or a transaction, whether based on contract, statute, or another legal theory. This agreement applies to Disputes arising after you first accept it; it does not impose arbitration retroactively on an existing dispute.

Informal resolution. Before beginning arbitration, the complaining party must send written notice describing the claim, relevant order, contact details, and requested relief. Send notice to support@HappyTiles.com with the subject “Legal Notice,” or to the business address above, addressed to Legal. We will send notice to your recorded email or postal address. The parties will attempt to resolve the Dispute for 60 days after receipt. Applicable limitation periods are suspended during this process to the extent permitted by law. This process does not bar timely protective filings, urgent relief, regulator complaints, or eligible small-claims proceedings.

Arbitration. If unresolved, either party may require binding arbitration before one neutral arbitrator administered by the American Arbitration Association under its then-applicable Consumer Arbitration Rules, including applicable supplementary rules. The Federal Arbitration Act governs this agreement. Current rules and filing information are available at https://www.adr.org/rules-forms-and-fees/consumer/. The arbitrator may award the remedies available under applicable law and these Terms, including statutory relief and attorney fees where authorized, and will issue a reasoned written decision. A court with jurisdiction may enter judgment on the award.

Fees and location. Fees and arbitrator compensation will be allocated under applicable AAA consumer rules and law, and we will pay the amounts required of the business. We will not require you to bear costs that make arbitration unenforceable. Proceedings may take place remotely or through documents when permitted by the rules and the parties’ rights. Any required in-person hearing will take place in your county of residence unless the parties agree to another reasonably convenient location.

Individual proceedings. TO THE EXTENT PERMITTED BY LAW, YOU AND WE AGREE TO PURSUE DISPUTES ONLY INDIVIDUALLY AND WAIVE THE RIGHT TO A JUDGE OR JURY TRIAL FOR CLAIMS SUBJECT TO ARBITRATION. NEITHER PARTY MAY BRING OR PARTICIPATE IN A CLASS OR REPRESENTATIVE ARBITRATION. The arbitrator may not combine different customers’ merits proceedings without their and our agreement. Administrative coordination under applicable AAA rules does not itself authorize a class arbitration or remove an individual claimant’s remedies. This provision does not prohibit relief that law requires to remain available, including nonwaivable public injunctive relief.

Exceptions and enforceability. Either party may pursue an eligible individual claim in small-claims court. Either party may seek temporary court relief needed to preserve rights pending arbitration. Nothing prevents reporting to or cooperating with a government agency. A court decides disputes about formation of this arbitration agreement and the enforceability of its class waiver or public-injunction restrictions; the arbitrator decides other questions of scope or enforceability to the extent permitted by law. If a particular claim or remedy cannot lawfully be arbitrated, it may proceed in court while arbitrable claims proceed in arbitration, subject to applicable law. If the prohibition on class arbitration is unenforceable, the affected claims will proceed in court, not class arbitration. If AAA cannot administer a case, the parties may agree on another provider; absent agreement, either may proceed in a competent court. Our nonpayment or noncompliance does not prevent a customer from pursuing court remedies available under law or AAA rules.

Opt out. You may reject this arbitration agreement and its class waiver by emailing support@HappyTiles.com within 30 days after first accepting these Terms, with the subject “Arbitration Opt Out,” your name, your account or order email, and a clear statement that you opt out. No purchase is required to opt out. We will honor timely notices even if an order number is unavailable. Opting out does not affect your purchases or other rights under these Terms; it also releases us from this arbitration agreement with you.

Changes and survival. This section survives termination. A material change to it requires notice and affirmative acceptance and will not apply to a Dispute that arose before the change. An effective opt-out remains effective unless you subsequently expressly agree otherwise.

19 Governing law and general provisions

Subject to Section 18 and mandatory consumer protections, these Terms are governed by the laws of the State of Delaware, without applying conflict-of-law rules that would select another jurisdiction’s law. For disputes properly heard in court, the parties submit to the state courts located in Sussex County, Delaware, or the United States District Court for the District of Delaware, as appropriate, except where small-claims jurisdiction or mandatory law permits or requires another forum. A consumer retains mandatory protections and forum rights applicable in their place of residence. No foreign law or distant forum is imposed where doing so is prohibited.

Neither party is liable for delay caused by events beyond its reasonable control to the extent performance is legally excused. This does not excuse payment already due, mandatory delay notices or refunds, or obligations that remain applicable despite the event.

We may assign this agreement to an affiliate or successor in a merger, reorganization, or sale of the relevant business, provided that doing so does not reduce your mandatory rights or eliminate existing order obligations. You may not transfer your contractual obligations without our written consent except as law permits. Neither party’s failure to enforce a provision is a waiver of later enforcement.

These Terms, accepted supplemental terms, and the applicable order details constitute the agreement concerning the Services and Products, without excluding binding express promises or statutory rights. If a provision is unenforceable, it will be severed or limited to the extent the law permits and the remainder will continue, subject to Section 18. No amendment may retroactively remove rights attached to an existing order. We will post updated Terms with an effective date and provide additional notice or obtain acceptance where required for material changes.

20 Contact

FrameStory US Inc., doing business as Happy Tiles

Business and legal-notice address: 16192 Coastal Hwy, Lewes, DE 19958, USA

Customer support, warranty requests, legal notices, and arbitration opt-outs: support@HappyTiles.com

Website: https://happytiles.com