Terms & Conditions
Last updated: November 6, 2017
 

Collection and Use of Personal Information

Hippos Software Inc. (“Hippos Software”, “we”, “us” and terms of similar meaning) provides the Hippos Application, its web site www.hipposhq.com (the “Site”), and all associated services and add-ons including third party services(collectively the “Hippos Services”) to you subject to the Terms and conditions of use (the “Terms”). These Terms apply to: (i) your use of the Hippos Services; (ii) the use of Hippos Services by third parties authorized through your Hippos Software account to use the Hippos Services and your User Content (as defined below) through the Hippos Services; and (iii) the use by such authorized users of any additional software, hardware or other services provided, referred, or recommended by us or third parties as part of or for use with the Hippos Services.

Please read the Terms carefully before using Hippos Services. By accessing, using or continuing to use Hippos Services you agree to be legally bound by the Terms and all terms, policies and guidelines incorporated by reference into the Terms. If you do not agree with the Terms in their entirety, you may not use Hippos Services.

In the Terms, our customers and their staff members to whom they give “staff” access to their Hippos Software account are called “Subscribers”, and our customers’ customers who use Hippos Services (for example, to view or use Hippos Services designed for use by those parties) are called “Customers”. Users of Hippos Services, whether they are Subscribers or Customers, are called “Users”.

In the Terms, our customers and their staff members to whom they give “staff” access to their Hippos Software account are called “Subscribers”, and our customers’ customers who use Hippos Services (for example, to view or use Hippos Services designed for use by those parties) are called “Customers”. Users of Hippos Services, whether they are Subscribers or Customers, are called “Users”.

You should from time to time review the Terms and any policies and documents incorporated in them to understand the terms and conditions that apply to your use of Hippos Services. The Terms will always show the ‘last updated’ date at the top. If you do not agree to any amended Terms, you must stop using Hippos Services. If you have any questions about the Terms, please email us at info@hipposhq.com.

Hippos Services are for your own use only. You may not resell, host, publish, lease or provide them in any other way to anyone else, except as expressly permitted.

1. Privacy Policy

Please refer to Hippos Software’s Privacy Policy, available at www.hipposhq.com/Privacy for information on how Hippos Software collects, uses and discloses personally identifiable information from Users. By using Hippos Services you agree to our use, collection and disclosure of personally identifiable information in accordance with the Privacy Policy. Furthermore, as a Subscriber, you agree to establish and maintain a privacy policy that complies with local laws in your jurisdiction and that is consistent with the Hippos Software Privacy Policy. You agree that Hippos Software may collect, maintain and use non-personally identifiable data including User Content in aggregated form for its business purposes, including the improvement and enhancement of its services and you grant Hippos Software an irrevocable, perpetual, non-exclusive right to use such data for such purposes.

2. Registration Data; Account Security

If you register for an account on Hippos Services, you agree to (a) provide and maintain accurate, current and complete information as may be prompted by any registration forms on Hippos Services (“Registration Data”); (b) maintain the security of your password/s; (c) maintain and promptly update the Registration Data, and any other information you provide to Hippos Software, and to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information or data you provide to Hippos Software or through the Hippos Services. You are responsible for all activity on your Hippos Software account, and for charges incurred by your Hippos Software account.

3. Fees; Charges; Taxes

Fees and any other charges for the use of Hippos Services are described on the Site. They may change from time to time. If they do change, your continued use of Hippos Services after the change indicates your agreement with the new fees and charges after the effective date of the change. Any change to fees and other charges will not be applicable to the billing period in which the change occurs.

You are responsible for all taxes applicable to the fees and charges in any applicable jurisdiction.

All pre-paid license, subscription, or other fees are non-refundable.

4. Ownership, Copyright and Trademarks

In the Terms the content available through Hippos Services, including all information, content, data, logos, marks, interfaces, designs, graphics, pictures, sound files, other files, and their selection and arrangement, is called “Hippos Software Content”. Content provided by Users, whether they are Subscribers, Customers or other Users, is called “User Content”. For example, data about its Customers and that a Subscriber provides to Hippos Software is User Content of that Subscriber, data about its payments, menu, or operations that a Customer provides to Hippos Software is User Content of that Customer, and Content that a User enters into any Hippos Software database is User Content of the User.

User Content is that User’s property. Hippos Software’s only right to that User Content is the limited licenses to it granted in the Terms.

Other than the User Content, all Content and all software available on Hippos Services or used to create and operate Hippos Services is the property of Hippos Software or its licensors, and is protected by Canadian and international patent, trademark, and copyright laws, and all rights to Hippos Services, such Content and such software are expressly reserved. All trademarks, registered trademarks, product names and company names or logos mentioned in Hippos Services are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation of them by Hippos Software.

If you authorize third parties to access your User Content through Hippos Services, you agree that we are permitted to provide to them the User Content, and also agree that we have no responsibility or liability for their use of such User Content.

Without limiting the generality of the foregoing, you are responsible for all business continuity, data loss, business interruption, or other risks that may arise out of your use of Hippos Services. Hippos Software denies, disclaims, and waives any liability for any loss that may occur arising through use of Hippos Services, including, but not limited to, loss of data, business interruption, incorrect calculation of any amount, including taxes or amounts due from your customers, or loss of customer goodwill.

Hippos Services are provided on an “as is” basis. You acknowledge and accept all risks associated with using Hippos Services and release Hippos Software from any claim or liability in relation thereto.

Your data and User Content is your responsibility. We have no responsibility or liability for it, or for any loss or damage your User Content may cause to you or other people.

We do not claim any ownership interest or rights in your User Content except as provided for under the Terms, but we do need the right to use your User Content to the extent necessary to provide Hippos Services, now and in the future.

Therefore, by posting or distributing User Content to or through Hippos Services, you (a) grant Hippos Software and its affiliates and subsidiaries a non-exclusive, royalty-free, transferable right to use, display, perform, reproduce, distribute, publish, modify, adapt, translate, and create derivative works from such User Content, in the manner in and for the purposes for which Hippos Services from time to time use such User Content; (b) represent and warrant that (i) you own and control all of the rights to the User Content that you post or otherwise distribute, or you otherwise have the lawful right to post and distribute that User Content, to or through Hippos Services; and (ii) the use and posting or other transmission of such User Content does not violate the Terms and will not violate any rights of or cause injury to any person or entity.