At happyClash, we believe in everyone's talent, whether amateur or professional. We believe in the joy that comes from this passion when we practise it, and in the pleasure of showing it to our loved ones or even the whole world.
We also believe in the value of challenging ourselves alongside others who share our passion. This allows us to share the pride we feel in our shared talent, while also supporting others through our achievements, difficulties, advice and efforts.
In addition to this, we believe in the right to a place on the podium for all individuals, without having to go through any selection process based on criteria x or y. It is not only about the freedom of talent or challenge, but also about freedom of access to the stages around the world for everyone. And this should be whenever we want, however we want and with whomever we want.
We are a barrier-free movement, an open stage where talent comes to life. Here, your background, gender, disability, age or style don't matter. The only requirement is the courage to show who you are and what you love to do, without needing to be a professional at it.
We celebrate challenges, raw creativity and collective energy. Every piece of content (video, etc.) is a statement, every vote is encouragement, every comment is support. We give everyone the tools to create, launch challenges (in our context called ‘clashs’) and share unforgettable moments.
We encourage everyone not to give up on their talent (amateur or professional), no matter how hostile the environment in which they live, to continue to exercise it as long as it makes them happy, and to accept happyClash's outstretched hand to build a world together where everyone's talent will take an important place in our societies.
happyClash is therefore a global movement, a culture for the promotion of all forms of talent, based on the happyclash.com platform, with a mission to open up a universal stage to celebrate courage, talent and diversity without barriers. happyClash is more than an application: it is a place where you finally feel at home.
Oberursel (Germany), 17.10.2021
Joel Stephan Jilo
Founder & Project manager
happyClash is available on www.happyclash.com, Google Play Store and App Store.
Part A — Terms of Use
1. Welcome and acceptance
Welcome to happyClash. These Terms of Use govern your use of the happyClash platform and app (the "Service"). By creating an account or using the Service, you agree to these Terms. If you do not agree, please do not create an account or use the Service.
Please note that, at this point in time, happyClash is not yet a registered company, but rather a legally protected platform. It is operated by a private individual and intends to continue under a corporate legal form in the near future. Any right not expressly granted to you in these Terms remains with happyClash or the respective rights holders.
2. Our service
happyClash is an online platform for friendly digital talent competitions ("Clashes"). Users from different social and cultural backgrounds record videos of their talents or skills, challenge friends (FriendsClash) or the wider community (PublicClash), and have their entries rated. The focus is on social togetherness, not only competition.
happyClash is currently in an early test phase that began at launch in October 2021 with version 1.0. During this phase the Service is provided with a limited set of features and is continuously being developed, tested, and adapted.
3. Service provider
The Service is offered and legally represented by Joel Stephan Jilo, Hohler Weg 2, 34513 ST Dehringhausen (Germany). Contact: support@happyclash.com
The applicable law for these Terms is German law.
4. Eligibility and use by minors
The minimum age to use the Service is 16 years.
If you are under 18, a parent or legal guardian must consent to your use of the Service before you start using it. If you are a parent or guardian who has given such consent, you are responsible for the activities of the minor on the Service and you are also bound by these Terms.
By using the Service, you confirm that you meet these requirements. We may refuse, suspend, or end access where we reasonably believe a user does not.
5. Accounts
You need an account to use the Service. You are responsible for keeping your login details secure and for activity under your account.
We may suspend or block an account, temporarily or permanently, if we have reasonable grounds to believe the user is breaching these Terms or the law.
For your right to have your account and personal data deleted, see Part B and Section 10.
6. User content and responsibility
"Content" means all material made available through the Service by users (for example videos, photos, texts, names, and logos).
You are solely responsible for the Content you upload or share. happyClash acts as a hosting platform: it does not create this Content and does not adopt it as its own. happyClash is not responsible for user Content, subject to its obligations to act on valid reports and applicable law.
7. Content licence
When you upload Content to happyClash, you grant happyClash a worldwide, non-exclusive, royalty-free licence to host, store, reproduce, distribute, and adapt that Content for the purpose of operating, promoting, and improving the Service. You also grant other users a worldwide, non-exclusive, royalty-free licence to view, share, and interact with that Content within the Service.
This licence ends when the Content is removed from the Service in accordance with these Terms, except where the Content must be retained for a limited period for legal reasons or to complete an ongoing Clash.
8. User conduct and reporting
We want happyClash to be a respectful environment. If you encounter Content that breaches these Terms or the law, please report it so we can review it.
How to report:
How we handle reports:
Please note: once a video has been entered into or used to start a Clash, you may not be able to remove it yourself from the Clash or the Service. You can still request its removal via support@happyclash.com. We need a reasonable time to process such requests and will notify you once the request has been handled.
9. Prohibited content
We will remove Content that we have reasonable grounds to believe breaks the law, threatens the integrity of the Service, or harms other users, third parties, or happyClash. Examples of prohibited Content include: (1) life-threatening challenges, (2) Content that depicts or incites violence, and (3) Content that can be understood as discrimination.
Child Sexual Abuse and Exploitation (CSAE) is strictly prohibited and handled under Part C.
10. Account and data deletion
You may request deletion of your account and your personal data at any time by contacting support@happyclash.com. We will delete your account and personal data within a reasonable period.
Please note:
Deleting your account means it can no longer be used. Your rights under the Privacy Policy (Part B), including the right to erasure, apply in addition to this Section.
11. Use by businesses and organisations
If you wish to use the Service on behalf of a business or organisation, please first contact the founder at joel.jilo@happyclash.com to confirm your authority and to receive the applicable terms for business use.
12. Virtual items (Gifts)
The Service may allow you to send virtual items ("Gifts") to rate or support entries. Gifts have no monetary value and cannot be exchanged for real currency. Any purchase of Gifts is handled through the relevant app store or payment provider and is also subject to the EULA.
13. Disclaimer and availability ("as is")
happyClash is provided to you in its currently available version. We make reasonable efforts to keep the Service functional, secure, and error-free, but we do not guarantee that it will be uninterrupted, error-free, or available at all times — in particular during maintenance, technical disruptions, further development of the Service, or events beyond our reasonable control.
To the maximum extent permitted by applicable law, and as the Service is provided free of charge during this phase, the Service is provided "as is" and "as available" without warranties of any kind. This does not limit any statutory consumer rights that cannot be excluded by law, and does not limit Section 14.
14. Limitation of liability
(1) We are liable without limitation for damages arising from injury to life, body, or health caused by a negligent or intentional breach of duty, and for other damages caused by intentional or grossly negligent conduct by us, our legal representatives, or our agents.
(2) For damages caused by ordinary negligence, we are liable only where such negligence concerns the breach of a material obligation (an obligation whose fulfilment is essential to the proper use of happyClash and on which you may reasonably rely). In that case, liability is limited to the foreseeable damage typical for this kind of agreement.
(3) Beyond this, liability for ordinary negligence is excluded to the extent permitted by law, including for data loss, loss of profit, and other indirect damages.
(4) The above limitations also apply for the benefit of our legal representatives and agents.
(5) Any liability under applicable product liability law, and for fraudulently concealed defects, remains unaffected.
15. Indemnification
To the extent permitted by applicable law, you will hold happyClash harmless from third-party claims arising from a violation of rights caused by Content you uploaded, where you are responsible for that violation. This includes reasonable costs of legal defence.
16. Dispute resolution and governing law
(1) In the event of a dispute, the parties will first seek an amicable solution before starting formal legal proceedings.
(2) We are neither obliged nor willing to take part in dispute resolution proceedings before a consumer arbitration board within the meaning of the German Consumer Dispute Resolution Act (VSBG).
(3) These Terms are governed by German law, excluding the UN Convention on Contracts for the International Sale of Goods. If you are a consumer with your habitual residence in another EU country or the United Kingdom, mandatory consumer protection provisions of that country remain unaffected.
17. Changes to these Terms
We may update these Terms from time to time. We will notify you of updates via the email address linked to your account. If you continue to use the Service after the update takes effect, this means you accept the updated Terms.
18. Severability
If any provision of these Terms cannot be applied, the remaining provisions are not affected.
19. Contact
Questions about these Terms: support@happyclash.com || Business and partnership enquiries: joel.jilo@happyclash.com
Part B — Privacy Policy
1. Overview
Thank you for your interest in happyClash. We treat your data with care and only use it to provide and improve the Service. This Privacy Policy explains what data we collect, why, and what rights you have. It applies to the happyClash platform and app.
2. Who is responsible
The controller responsible for your data is:
Joel Stephan Jilo, Hohler Weg 2, 34513 ST Dehringhausen (Germany), Contact: support@happyclash.com
3. What data we collect
4. Why we use your data and our legal bases
5. Where your data is stored and how long
Your data is currently stored on servers located in Germany and is subject to the EU General Data Protection Regulation (GDPR). We keep your data only as long as needed for the purposes above or as required by law. See Part A, Section 10 for account and content deletion.
Note: If you consent to statistics or marketing technologies, some data may be processed by the respective providers outside Germany/the EU.
6. Sharing your data
We do not sell your data. We share data only where necessary to operate the service, or where you have consented to statistics or marketing technologies. In that case, providers such as Google Analytics and — in the marketing case — Meta may act as recipients.
Transfers to third countries: These providers may also process data in the USA. Where a transfer to the USA takes place, we rely on the EU-US Data Privacy Framework (DPF) or the EU Standard Contractual Clauses as a safeguard. Without your consent to statistics/marketing, no such transfer takes place for these purposes.
7. Your rights
Under the GDPR you have the right to: access your data; have it corrected; have it deleted ("right to erasure"); restrict or object to certain processing; and receive your data in a portable format. To exercise these rights, contact support@happyclash.com. You also have the right to lodge a complaint with a data protection supervisory authority.
8. Children's data
The Service is intended for users aged 16 and over, and for users under 18 only with the consent of a parent or guardian. We take particular care with data relating to minors. If you believe a child has provided us data without the required consent, please contact support@happyclash.com.
9. Changes to this Privacy Policy
We may update this Privacy Policy from time to time. We will make the current version available in the app.
10. Contact
For any privacy question or request: support@happyclash.com
Part C — Child Safety & CSAE Policy
At happyClash, the safety and well-being of children is a top priority. We strictly prohibit any form of Child Sexual Abuse and Exploitation (CSAE) on our platform.
Our child safety standards are designed to comply with Google Play's Developer Program requirements and international child protection standards.
We do not allow any content or behaviour that involves the sexual abuse, exploitation, or endangerment of children. User-generated content is subject to review, and any violation is removed immediately. Users who engage in such behaviour are permanently banned, and the appropriate authorities are notified.
Reporting: If you suspect or encounter any abusive content, please report it immediately to support@happyclash.com, or use the in-app "Report Clash" or "Report Video" buttons.
Part D — Cookie Notice
happyClash uses cookies and similar technologies (e.g. SDKs and device identifiers in the app). We distinguish three categories:
1. Necessary cookies/technologies (no consent required)
These are required for the app and website to function (e.g. login, security, storing your consent choice). They are always active.
2. Statistics / Analytics (only with your consent)
We use analytics technologies, including Google Analytics, to understand how happyClash is used. Purpose: to improve our features and service.
3. Marketing (only with your consent)
We use marketing technologies to measure the effectiveness of our advertising and to show you more relevant content and offers. This may involve providers such as Meta (Facebook/Instagram).
Your control: Statistics and marketing technologies are activated only after your active consent. You can change or withdraw your consent at any time with effect for the future — in the app under "Settings → Privacy / Cookie settings" and on the website via the "Cookie settings" link in the footer.
Part E — Legal Notice (Impressum)
Information pursuant to § 5 German Digital Services Act (DDG):
Joel Stephan Jilo, Hohler Weg 2, 34513 ST Dehringhausen (Germany)
Contact: support@happyclash.com || Business enquiries: joel.jilo@happyclash.com
Responsible for content: Joel Stephan Jilo
happyClash is currently operated by a private individual and is not yet registered as a company, but it is a legally protected platform. This notice will be updated once a corporate legal form is established.
This End-User License Agreement ("EULA", "Agreement") is a legal agreement between you ("User", "you") and Joel Stephan Jilo, Hohler Weg 2, 34513 ST Dehringhausen (Germany) ("Licensor", "we", "us"), the developer and operator of the happyClash mobile application (the "Licensed Application"), regarding your use of the Licensed Application.
This EULA governs your license to use the Licensed Application itself (the software). It is separate from, and supplements, the happyClash Terms and Conditions (which govern your use of the platform, your account, and your conduct) and the happyClash Privacy Policy (which governs how we handle your data). In the event of a conflict between this EULA and the Terms and Conditions on matters specifically relating to the license to use the application software, this EULA controls.
BY DOWNLOADING, INSTALLING, OR USING THE LICENSED APPLICATION, YOU CONFIRM THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS EULA. IF YOU DO NOT AGREE, DO NOT DOWNLOAD, INSTALL, OR USE THE LICENSED APPLICATION.
1. Eligibility and Age Requirements
1.1 You must be at least 16 years old to download, install, or use the Licensed Application.
1.2 If you are between 16 and the age of legal majority in your country of residence (18 in most jurisdictions, including Germany and the United Kingdom), you confirm that your parent or legal guardian has reviewed and agrees to this EULA on your behalf, and that you have their permission to use the Licensed Application. Licensor may request verification of such consent at any time and may suspend or terminate access if it cannot be confirmed.
1.3 By using the Licensed Application, you represent that you meet these requirements. Licensor reserves the right to refuse, suspend, or terminate access to any User it reasonably believes does not meet them.
2. License Grant
2.1 Subject to your compliance with this EULA, Licensor grants you a limited, non-exclusive, non-transferable, revocable, personal license to download, install, and use one copy of the Licensed Application on a device that you own or control, solely for your personal, non-commercial use, and solely in the form provided by Licensor through the Apple App Store, Google Play Store, or another channel authorized by Licensor.
2.2 This license is granted to you only and may not be sublicensed, sold, rented, leased, assigned, or otherwise transferred to any third party.
2.3 All rights not expressly granted to you in this EULA are reserved by Licensor and its licensors.
3. License Restrictions
You agree that you will not, and will not permit any third party to:
4. Apple App Store — Additional Terms
This Section 4 applies only if you downloaded the Licensed Application from the Apple App Store. It is included to satisfy Apple's Minimum Terms for end-user license agreements and applies in addition to the other sections of this EULA.
4.1 Acknowledgement. This EULA is concluded between you and Licensor only, and not with Apple Inc. ("Apple"). Licensor, not Apple, is solely responsible for the Licensed Application and its content. This EULA does not provide for usage rules that are less restrictive than, or otherwise in conflict with, Apple's Media Services Terms and Conditions.
4.2 Scope of License. The license granted to you is limited to a non-transferable license to use the Licensed Application on any Apple-branded product that you own or control, as permitted by the Usage Rules set forth in Apple's Media Services Terms and Conditions, including the ability to run the Licensed Application on other Apple-branded products you own or control via Family Sharing or volume purchasing, where applicable.
4.3 Maintenance and Support. Licensor, not Apple, is solely responsible for providing any maintenance and support services with respect to the Licensed Application, to the extent such services are required under applicable law or as Licensor otherwise elects to provide. Apple has no obligation whatsoever to furnish any maintenance or support services for the Licensed Application.
4.4 Warranty. Licensor is solely responsible for any product warranties, whether express or implied by law, with respect to the Licensed Application. In the event of any failure of the Licensed Application to conform to an applicable warranty, you may notify Apple, and Apple will refund the applicable purchase price for the Licensed Application (if any) to you. To the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Licensed Application, and any other claims, losses, liabilities, damages, costs, or expenses attributable to a failure to conform to a warranty are the sole responsibility of Licensor, as set out in this EULA.
4.5 Product Claims. Licensor, not Apple, is responsible for addressing any claims by you or any third party relating to the Licensed Application or your possession and/or use of it, including but not limited to: (i) product liability claims; (ii) any claim that the Licensed Application fails to conform to an applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.
4.6 Intellectual Property Rights. In the event of any third-party claim that the Licensed Application, or your possession and use of it, infringes that third party's intellectual property rights, Licensor, not Apple, is solely responsible for the investigation, defense, settlement, and discharge of any such claim.
4.7 Legal Compliance. You represent and warrant that (i) you are not located in a country subject to a U.S. Government embargo or designated by the U.S. Government as a "terrorist supporting" country, and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
4.8 Developer Name and Contact. Any questions, complaints, or claims regarding the Licensed Application should be directed to: Joel Stephan Jilo, Hohler Weg 2, 34513 ST Dehringhausen (Germany) Email: support@happyclash.com
4.9 Third-Party Terms. You must comply with applicable third-party agreements (e.g., your mobile device or wireless data service agreement) when using the Licensed Application.
4.10 Third-Party Beneficiary. You and Licensor acknowledge and agree that Apple and Apple's subsidiaries are third-party beneficiaries of this EULA, and that, upon your acceptance of this EULA, Apple has the right (and is deemed to have accepted the right) to enforce this EULA against you as a third-party beneficiary of it.
5. Google Play — Additional Terms
This Section 5 applies only if you downloaded the Licensed Application from the Google Play Store. Your use of the Licensed Application is additionally subject to the Google Play Terms of Service. In the event of a conflict between this EULA and Google's terms regarding matters reserved to Google as the store operator, Google's terms control solely as to those matters.
6. Intellectual Property Ownership
6.1 The Licensed Application, including its source code, design, graphics, user interface, trademarks (including "happyClash" and associated logos), and all related intellectual property, is owned by Licensor or its licensors and is protected by copyright, trademark, and other intellectual property laws.
6.2 This EULA grants you a license to use the Licensed Application; it does not transfer any ownership rights to you.
6.3 Content uploaded by users to the platform (videos, ratings, comments, and similar) is addressed in the happyClash Terms and Conditions, not in this EULA.
7. Virtual Items and In-App Purchases
7.1 The Licensed Application may allow you to purchase virtual items ("Gifts") for use within the platform, through Apple's or Google's in-app purchase systems or another payment method made available by Licensor.
7.2 Gifts have no monetary value, cannot be exchanged for real currency, and are licensed to you for use within the Licensed Application only, for as long as the Licensed Application and your account remain active. Gifts are not refundable except where required by applicable law or by the policies of the Apple App Store or Google Play Store.
7.3 Licensor may modify, discontinue, or adjust the availability of Gifts or related features at its discretion, subject to applicable consumer protection law.
8. Updates, Modifications, and Discontinuation
8.1 Licensor may release updates to the Licensed Application from time to time, which may be installed automatically depending on your device settings. Continued use of the Licensed Application after an update constitutes acceptance of the updated version.
8.2 Licensor may modify, suspend, or discontinue the Licensed Application, or any part of it, at any time, with or without notice, subject to applicable law.
9. Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. LICENSOR DOES NOT WARRANT THAT THE LICENSED APPLICATION WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS.
Nothing in this section limits any statutory warranty that cannot lawfully be excluded under the law applicable to you as a consumer, including your rights under Section 4.4 with respect to Apple's refund obligation.
10. Limitation of Liability
10.1 To the maximum extent permitted by applicable law, Licensor's total liability arising out of or related to this EULA and your use of the Licensed Application is limited to direct damages and shall not exceed the amount you paid for the Licensed Application or related in-app purchases in the twelve (12) months preceding the claim, except as set out in 10.2.
10.2 Nothing in this EULA excludes or limits liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot be excluded or limited under applicable law.
10.3 To the extent permitted by law, Licensor is not liable for indirect, incidental, special, consequential, or punitive damages, or for loss of data, profits, or business opportunities, arising from your use of (or inability to use) the Licensed Application.
10.4 This section should be read together with the Limitation of Liability provisions in the happyClash Terms and Conditions, which apply to your use of the platform more broadly.
11. Indemnification
To the extent permitted by applicable law, you agree to indemnify and hold harmless Licensor, its officers, employees, and agents from any third-party claims, damages, liabilities, and reasonable costs (including legal fees) arising out of your breach of this EULA or your misuse of the Licensed Application, except to the extent caused by Licensor's own breach or negligence.
12. Term and Termination
12.1 This EULA is effective from the moment you first install or use the Licensed Application until terminated as set out below.
12.2 Licensor may terminate this EULA and your license to use the Licensed Application if you breach any of its terms, with notice where required by applicable law.
12.3 You may terminate this EULA at any time by deleting the Licensed Application from your device and ceasing all use.
12.4 Upon termination, your license to use the Licensed Application ends immediately. Sections 6, 9, 10, 11, and 14 survive termination.
13. Export Control and Sanctions Compliance
You represent that you are not located in, or a resident of, any country subject to comprehensive trade sanctions, and that you are not on any restricted party list, in each case under applicable EU, UK, German, or U.S. law.
14. Governing Law and Disputes
14.1 This EULA is governed by the laws of Germany, without regard to its conflict-of-law principles.
14.2 If you are a consumer habitually resident in another country (including the United Kingdom or an EU member state), mandatory consumer protection provisions of that country remain unaffected and continue to apply alongside this EULA.
14.3 Dispute resolution procedures, including any applicable consumer arbitration notices, are set out in the happyClash Terms and Conditions.
15. Miscellaneous
15.1 Entire Agreement. This EULA, together with the happyClash Terms and Conditions and Privacy Policy, constitutes the entire agreement between you and Licensor regarding the Licensed Application and supersedes any prior agreements on this subject.
15.2 Severability. If any provision of this EULA is held invalid or unenforceable, the remaining provisions remain in full force and effect, and the invalid provision will be replaced by a valid provision that most closely reflects its intent.
15.3 No Waiver. Licensor's failure to enforce any provision of this EULA does not constitute a waiver of that provision.
15.4 Assignment. You may not assign or transfer this EULA or your rights under it. Licensor may assign this EULA in connection with a merger, acquisition, restructuring, or sale of assets, including upon formal incorporation of happyClash as a legal entity.
15.5 Changes to this EULA. Licensor may update this EULA from time to time. Material changes will be notified through the Licensed Application or by other reasonable means before they take effect. Continued use after the effective date of an update constitutes acceptance.
15.6 Contact. Questions about this EULA can be directed to support@happyclash.com.