Hoppy — Términos de Servicio
Last Updated: 13 October 2026
Welcome to Hoppy. Please read these Terms of Service carefully. They form a legally binding agreement ("Agreement") between you as a user ("you") and Hoppy App Limited, a company incorporated in Barbados under company number 52163, located at The Gables Haggatt Hall, Saint Michael, Barbados. Hoppy App Limited distributes the App and provides the Services and is referred to in this Agreement as "Hoppy", "we", "us" or "our".
IMPORTANT NOTICES FOR U.S. USERS: (i) THESE TERMS INCLUDE AN AGREEMENT TO MANDATORY ARBITRATION, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY DISPUTE RELATED TO THE APP OR SERVICES TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEEDING IN COURT; AND (ii) THESE TERMS ALSO INCLUDE A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION, AND A JURY WAIVER. THESE REQUIREMENTS ARE SUBJECT TO THE EXCEPTIONS AND BATCH ARBITRATION PROCEDURES SET OUT IN SECTION 19.3(i). YOU MAY OPT OUT OF ARBITRATION AND THE CLASS ACTION WAIVER WITHIN THE 31-DAY PERIOD DESCRIBED IN THAT SECTION.
MORE INFORMATION ABOUT ARBITRATION, THE CLASS ACTION WAIVER, THE JURY WAIVER AND YOUR OPT-OUT RIGHT CAN BE FOUND IN SECTION 19.3(i) BELOW.
This Agreement governs your access to and use of: (i) the Hoppy app, currently available on iOS and Android devices at www.hoppy.com (the "App"); (ii) the hoppy.com domain and its corresponding subdomains, webpages and websites (the "Site"); and (iii) any other content, applications, features, products and services we offer that refer to this Agreement (together with the App and Site, the "Services"). It applies however you access the Services, including through a personal computer, browser, wireless or mobile device, or other technology or device (each, a "Device"). Unless expressly stated, it does not cover services, platforms, applications or websites, or related content, features, promotions or activities, made available by another company, person or entity.
By accessing or using the Services, including without creating a User Account, or downloading the App, you acknowledge and agree that (a) you have read and agree to be legally bound by this Agreement and (b) you are of legal age to form a binding contract with Hoppy. We will treat that access or use as your acceptance of this Agreement from that point forward.
Some Services may be subject to additional terms, such as software licenses, privacy policies or program terms ("Additional Terms"). These will be listed in this Agreement, made available on the Services or provided when you access or use the relevant Services, and you must comply with them. We may also provide guidelines for user conduct ("Community Guidelines"), support documentation and similar materials through the Services ("User Documentation"). Your use of the Services is subject to the User Documentation, which you agree to follow. The Additional Terms and User Documentation are incorporated into this Agreement as if set out in full, and breaching either is a breach of this Agreement. Please read them carefully. If this Agreement conflicts with the User Documentation, this Agreement takes priority. If it conflicts with Additional Terms, the Additional Terms take priority. Neither the User Documentation nor Additional Terms limits rights that cannot lawfully be excluded.
IF YOU DO NOT AGREE TO BE FULLY BOUND BY THESE TERMS, PLEASE DO NOT USE THE APP, SITE, OR SERVICES.
About the summaries. The “In short:” blocks below are plain-language summaries for convenience and ease of reference only. They do not form part of the operative terms or give a complete account of your or our rights and obligations. If a summary conflicts with, or omits anything in, the operative terms of this Agreement, the operative terms prevail.
1. Term.
This Agreement will remain in full force and effect for as long as you access or use the Services.
You may stop using the Services or end your registration at any time by closing your User Account in accordance with our then-applicable requirements. You may request erasure of your data under our Privacy Policy. Most of the time, an account can be restored for up to 30 days if you change your mind or it was wrongfully closed. To the fullest extent permitted by applicable law, and subject to Section 13.3 and your legal rights, we may suspend or terminate your use or registration, or modify your access to all or part of the Services, at any time if: we determine in our sole discretion that you have materially or repeatedly breached this Agreement; we determine in our sole discretion that your use or User Content breaches any part of this Agreement, including the Community Guidelines; we reasonably believe conduct has occurred that creates liability for us; applicable law or a court order requires us to act; your User Account has been inactive for 180 days; or we decide to stop providing the Services. Following suspension or termination, you must stop all use of the Services and must not create a new User Account. To the extent permitted by law, your obligations under this Agreement, including any Additional Terms, remain binding, including applicable indemnities, warranties, grants and limitations of liability.
In short: You can close your account at any time. We can restrict or close accounts for the reasons set out here; the moderation and appeal rules below still apply.
2. Modifications.
We may amend this Agreement to reflect changes in the law, the Services or how we operate, or for safety or security reasons. Each amendment will be proportionate to its reason. We will post the amended Agreement publicly on the Services and give reasonable advance notice of material changes by email or in the App, unless the law or an urgent safety or security issue requires a shorter period. When deciding what notice is reasonable, we will consider the nature and impact of the change and the need to keep upcoming features confidential until launch. Where a new-feature change does not materially adversely affect your existing rights or obligations, we may give notice when it takes effect, to the extent permitted by law. If you disagree with a material change, you may close your User Account before it takes effect or, for an immediate change, within a reasonable period after notice. Otherwise, the change applies from its notified effective date, subject to any fresh acceptance required by law. Changes will not retrospectively affect accrued rights or existing disputes.
In short: We will explain material changes and normally give advance notice. If you disagree with a material change, you can stop using the Services and terminate your account.
3. Age & Compliance.
3.1 Age Requirements
To access the Services, you must be at least 18 and old enough to form a binding contract where you live.
3.2 Evading Age Restrictions
If we reasonably suspect that you are underage or have given an inaccurate age, we may suspend access to any or all Services until your age is confirmed to our satisfaction, at our sole discretion.
3.3 Compliance
By using the Services, you represent and warrant that you are at least 18 and that your use does not violate any applicable law, rule or regulation. You acknowledge and agree that particular features, activities, other aspects of the Services or jurisdictions may have higher age or other eligibility requirements, including for contests, sweepstakes, promotions and rewards programs. You warrant that all data you provide is true, correct and accurate. If you provide information that is untrue, inaccurate, out of date or incomplete, or we suspect that you have, we may suspend or terminate all or part of your registration and refuse any current or future use of all or part of the Services, subject to Section 13.3 and your rights under applicable law.
4. User Registration; Responsibility for Account; Account Compliance.
4.1 User Registration.
To use the Services, we may require you to register an account ("User Account") and validate it with a verification code sent to your mobile phone number by your choice of available method. Available methods depend on your number's location and currently include voice calls or SMS in most markets. SMS and data rates may apply; contact your wireless provider with questions about your plan. For questions about short code SMS services, consult our Privacy Policy or email dpo@hoppy.com. We use your mobile phone number and your device's unique identifier ("Device ID") to manage account access; together, these are your "User Credentials". During registration and related processes, we may also request additional information, including your email address, name, age, physical attributes such as height, gender identity, photos, date of birth, location, username and usernames on linked social media accounts (collectively, “Profile Information”).
To keep the platform safe and confirm that you are old enough to use it, we may require identity verification when you register or at any time during your use of an account. Checks may include photo or document verification by us or our secure third-party identity verification providers. Verification may involve processing biometric data, specifically facial templates and geometry, to check that your selfie and Profile Information match your government-issued ID photo and that you are a live person (a liveness check). You may lose access to your User Account if you do not complete a requested check. Biometric processing is subject to the consent requirements and retention periods in our Privacy Policy, including any explicit consent or written release required by applicable law.
4.2 Responsibility for Account.
You may have only one User Account and must keep your User Credentials strictly confidential. You are responsible and liable for access or use that you authorize or enable by failing to take reasonable care to keep your User Credentials or Device secure. Do not share your User Credentials with anyone. Notify Hoppy immediately of any unauthorized use of your User Credentials, User Account or Device, or any other security breach, including a lost or stolen Device. You alone are responsible for (i) controlling the dissemination and use of your User Credentials, User Account and Device; (ii) updating, maintaining and controlling access to them; and (iii) cancelling your User Account if you no longer wish to use the Services. We may deny access, use or registration privileges to anyone if we question the identity of the person attempting to access an account or any part of the Services. To the extent permitted by law, Hoppy is not responsible or liable for loss or damage arising from your failure to comply with this Section 4 or any other provision of this Agreement.
4.3 Profile Information.
Your Profile Information, including your name, must comply with this Agreement and our Guidelines. Subject to Section 13.3, we may reset all or part of it where reasonably necessary to enforce this Agreement. If we determine at any time, in our sole discretion, that your Profile Information or other content on your profile breaches this Agreement or our Guidelines, we may take action we consider reasonable to correct the breach, including resetting your Profile Information or profile contents.
5. Device Phone Numbers, Emails and Related Access and Communications.
To access and use the Services, you agree to provide your mobile phone number. We may use it to send communications and notifications to you and others, including verification codes by voice call or SMS; to authenticate your identity; and to enrol you in or enable participation in programs, initiatives, features and activities. These include communication and posting features, invitations for others to join the Services and User Content features (see Section 13.1). We may also use your number to send updates about your User Account and its status. We may also use your number for the other purposes described in this Agreement and our Privacy Policy. All such use is subject to Section 8 (Personal Information) and our Privacy Policy.
6. Third-Party Platforms.
Some Services depend on or work with third-party platforms and services, such as X, Instagram, TikTok, YouTube, Apple, or Google Play (each, a "Third-Party Platform"). You may need an account with the relevant platform and may have to provide account credentials or other information to use those Services. Third-Party Platforms may provide hosting, content distribution, support and related services, and may give us additional information about you. No Third-Party Platform through which you access the Services will provide maintenance or support for the Services or address third-party claims relating to your use. To the fullest extent permitted by law, you agree that (i) each platform's own terms and privacy policies govern your use of it and (ii) Apple and its subsidiaries are third-party beneficiaries of this Agreement for an App downloaded from the Apple App Store and may enforce the applicable terms.
Whether you downloaded the App from the Apple App Store or the Google Play Store, this Agreement is between you and Hoppy, not Apple or Google. Hoppy is responsible for the App and its content, maintenance and support. If the App fails to conform to an applicable warranty, you may notify Apple and Apple will refund the purchase price for the App; to the extent permitted by law, Apple has no other warranty obligation. Hoppy, not Apple, is responsible for addressing claims relating to the App, including product liability, legal or regulatory compliance, consumer protection and third-party intellectual property claims.
7. Notifications; Location-Based Features.
7.1 Notifications.
The Services may use push notifications and other communications to send alerts and information. Depending on your Device and its settings and features, you may be asked to accept or decline them. If you decline or disable this functionality, you will not receive push notifications and may lose access to features that depend on it. If you accept, notifications will be sent automatically. To stop receiving them, disable them in your Device settings.
7.2 Location-Based Features.
We may need location data before you access the Services or on an ongoing or continuous basis to enable features such as registration, determining and updating your city, searching contacts by city and showing nearby users, or to give you access to other content, products, services, information and materials ("Location-Based Content"). To provide Location-Based Content, we determine your location using one or more sources of information associated with your Device, including GPS, beacons, Bluetooth, device software and other data points. If you disable location features or software that determines or assists with location, we may be unable to determine your location and you may be unable to use parts of the Services or access Location-Based Content. If location features are enabled, Hoppy will automatically update your profile's city when you open the App in a new location. Our Privacy Policy explains how we use location data.
8. Personal Information.
We respect your privacy. Using the Services requires you to provide certain personal or personalized information that identifies you or could reasonably be used to do so ("Personal Data"). We process it in accordance with our Privacy Policy, which explains how we handle Personal Data and protect your privacy. Please read the Privacy Policy before using the Services.
9. Proprietary Rights.
9.1 License.
All rights, title and interests in the Services and in the content, materials and information made available on, through or in connection with them, including related intellectual property rights ("Content"), remain with Hoppy or the relevant rights holders. You retain any rights you have in User Content (defined in Section 13.1) that you upload or transmit through the Services. We reserve all rights in the App, Services, Site and Content that are not expressly granted. You must not use them for any purpose this Agreement does not expressly permit.
Subject to your compliance with this Agreement, Hoppy grants you a limited, non-exclusive, non-transferable, non-sublicensable and revocable license to download, install and use a copy of the App on Devices you own or control, solely for your personal purposes. An application accessed through or downloaded from the Apple App Store (an "App Store Sourced Application") may be used only (i) on an Apple-branded product running iOS, Apple's proprietary operating system, and (ii) as permitted by the "Usage Rules" in the Apple App Store terms of service. This license ends when your User Account is terminated.
9.2 Restrictions.
You must not alter, delete or conceal copyright, trademark, service mark or other notices on the App or within the Services, including notices on Content you transmit, download, display, print, stream or reproduce. Unless expressly authorized by Hoppy or applicable Additional Terms, neither you nor a third party you permit may use another person's User Content other than as permitted by the Services and Section 13.6 without the owner's express prior written consent. This applies whether or not the third party acts for your benefit. Authorized uses may include embeddable or viral features or applications covered by Additional Terms.
Without our express prior written authorization, you must not scrape the Services or their Content, or use web crawlers, spiders or other automated means to access, copy, index, process or store Content made available on or through them. You must follow the exclusion protocols used with the Services, such as Robots.txt and Automated Content Access Protocol. You must not use bots or other automated methods to access the Services, add or download contacts, or send or redirect messages.
10. User Conduct; Safety.
10.1 Conduct.
We want Hoppy to be safe and enjoyable. Unlawful or harmful use is prohibited. You alone are responsible for your conduct in connection with the Services and must follow our Community Guidelines. You represent, warrant and agree that, when using the Services, you will not:
(i) Engage in or encourage conduct that you know, or reasonably ought to know, would breach any applicable local, state, national or international law, rule, regulation, judicial or government order or treaty, give rise to civil liability, or infringe our or anyone else's intellectual property, proprietary, privacy, moral, publicity or other rights;
(ii) Submit, post, email, display, transmit or otherwise make available on, through or in connection with the Services material that: (a) is or is likely to be unlawful, harmful, threatening, abusive, tortious, defamatory, libelous, deceptive, fraudulent, invasive of privacy or publicity rights, harassing, profane, obscene or patently offensive; contains descriptions or accounts of excessive violence, including violent or threatening sexual language directed at an individual or group; or promotes racism, bigotry, hatred or physical harm against any group or individual; (b) you are prohibited from disclosing by law, rule, regulation, contract or fiduciary duty, including inside, proprietary or confidential information obtained through employment or a nondisclosure agreement, or which otherwise creates a security or privacy risk for anyone; (c) contains a virus, worm, spyware, Trojan horse or other code, file or program designed to interrupt, impair, destroy or limit computer software, hardware or telecommunications equipment; or (d) contains false, incorrect, misleading, fraudulent, exaggerated or inaccurate data or information, including falsely identifying yourself as someone else;
(iii) Out, threaten to out, or disclose another person’s sexual orientation, gender identity, health information or other sensitive personal information without their consent; doxx anyone; threaten to share intimate images or use them to demand money, images or sexual acts; create or share non-consensual intimate images, including synthetic images; or use the Services or information obtained from them to stalk or track another person. This does not prevent lawful reporting, obtaining confidential professional advice or preserving evidence as described in Section 13.6;
(iv) Use the Services for commercial or business purposes, including barter, pyramid schemes, advertising, marketing, offering goods or services, or making commercial use of information or material obtained on, through or in connection with the Services, whether through links or otherwise and whether or not for financial or other compensation;
(v) Modify, disrupt, impair, alter or interfere with the use, features, functions, operation or maintenance of the Services, or another user's rights in, use or enjoyment of them;
(vi) Impersonate any person or entity, including a Hoppy director, officer, employee or agent; misrepresent your affiliation with a person, entity or User Content (defined in Section 13.1); or transmit or otherwise make available false or misleading indications of origin, information or statements of fact on, through or in connection with the Services;
(vii) Forge headers or manipulate other identifiers to disguise the origin of content, including User Content, transmitted on, through or in connection with the Services;
(viii) Use Hoppy's name in metatags, keywords or hidden text;
(ix) Solicit other users' personal data for commercial or unlawful purposes, or engage in spamming, flooding, harvesting email addresses or other personal data, spidering, screen scraping, phishing, database scraping or any other activity intended to obtain user lists or other information;
(x) Modify, reverse engineer, decompile or disassemble any part of the Services, create derivative works from any part of them, or encourage, assist or authorize anyone else to do so;
(xi) Use the Services in a country that is subject to a United States ("U.S.") government ("U.S. Government") embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country;
(xii) Use the Services if you are on any U.S. Government list of prohibited or restricted parties; or
(xiii) Use the Services while operating an automobile or other motor vehicle.
(xiv) Use the Services, any User Content, or any other data or information received from the Services to directly or indirectly create, develop, customize, train, test, or otherwise improve any machine learning or artificial intelligence algorithm, model, system, or technology; or
(xv) Submit appeals, reports, notices or complaints that are manifestly unfounded, false, misleading, malicious or biased. Abusing the reporting system may lead to action against your account. This does not prohibit honest reviews, good-faith complaints or lawful reports to regulators or law enforcement.
10.2 Safety.
We aim to provide a respectful user experience, but Hoppy is not responsible for users' conduct on or off the Services. Use caution in all interactions, especially if you move the conversation off Hoppy or meet in person.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. HOPPY DOES NOT ROUTINELY CONDUCT CRIMINAL BACKGROUND CHECKS OR OTHERWISE INQUIRE INTO USERS' BACKGROUNDS, AND MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THEIR CONDUCT. WE MAY, HOWEVER, CONDUCT CRIMINAL BACKGROUND CHECKS OR OTHER SCREENINGS, SUCH AS SEX OFFENDER REGISTRATION SEARCHES, WHERE REASONABLY NECESSARY FOR SAFETY OR ELIGIBILITY AND PERMITTED BY APPLICABLE LAW, INCLUDING REQUIREMENTS FOR CRIMINAL OFFENCE DATA. How you treat others outside Hoppy may also lead to action against your account. If we learn of harm between users on dates or by text message, or relevant alleged criminal conduct outside Hoppy, we may act as though it happened on the platform.
In short: We do not routinely run criminal background checks, and safety checks cannot guarantee another person’s conduct. Use care when chatting or meeting. Conduct off Hoppy can result in sanctions on your account.
11. Investigations.
Hoppy may investigate and take appropriate action, including legal action or reporting to law enforcement, against anyone we determine in our sole discretion has violated or is suspected of violating this Agreement. You consent to our accessing, preserving and disclosing your account and registration information and other content or information, including User Content and Personal Data, when required by law or a court order, or when we believe in good faith that doing so is reasonably necessary to: (i) enforce this Agreement; (ii) respond to claims that content or information violates a third party's rights; (iii) respond to your requests for customer or technical support; or (iv) protect the rights, property or personal safety of Hoppy, users or third parties. Retention and disclosure of User Content under this Section remain subject to Section 13.4 and applicable law.
12. Export.
You may use, export, import or transfer the Services only as authorized by applicable law, including laws administered or enforced by the UK, EU, U.S. and the jurisdiction where you obtained the App. In particular, the Services must not be exported or re-exported (i) into U.S. embargoed countries; (ii) to anyone on the U.S. Treasury Department's Specially Designated Nationals list, the U.S. Department of Commerce's Denied Persons List or Entity List, His Majesty's Treasury's consolidated list of financial sanctions targets, or the EU's consolidated list of persons, groups and entities subject to financial sanctions (collectively, "Sanctioned Persons"); or (iii) to anyone owned or controlled by Sanctioned Persons. By using the Services, you represent and warrant that (a) you are not in a country subject to a U.S. Government embargo or designated by the U.S. Government as a "terrorist supporting" country and (b) you are not a Sanctioned Person or owned or controlled by one.
13. User Created Content.
13.1 Defined; Acknowledgements.
The Services may let you chat, exchange messages and use other communication features, and customize your profile to express your interests and personality. The photos, videos, GIFs, comments, links, materials, ideas, opinions, messages, profile selections, user information and other information you submit, post, display, transmit or otherwise make available through the Services are collectively "User Content".
“Public Content” means User Content made available to users generally through profiles and discovery features, including profile photos, bios, interests, favorite quotes, movie covers and album covers selected for display. “Public” refers to visibility to other eligible users and does not mean visibility to everyone on the internet. “Private Content” means one-to-one chats and media sent privately to an intended recipient.
Hoppy uses mutual likes to create matches. Your one-to-one conversations and media sent privately are visible to the intended recipient, rather than to users generally, although they may be processed by our safety systems and moderators as described in Section 13.4 and our Privacy Policy.
When you submit User Content, we may ask for information about you and your submission. Your “Public Profile Information” is information you provide or select for display on your profile, such as photos, name, age, bio and interests. It excludes your User Credentials and private verification records. We may show it to any eligible user, and anyone aged 18 or over who meets our eligibility criteria from time to time may join. You acknowledge its public-facing nature and, to the extent permitted by law, consent to its display and waive publicity claims arising solely from the uses permitted by Section 13.4. This does not apply to Private Content, permit uses outside the licenses below or waive your data protection rights.
In short: Your profile helps other eligible users get to know you. Your one-to-one chats are for their intended recipients, although our safety systems and team may process them as explained below.
13.2 Responsibility; Liability.
User Content is the responsibility of the person or people it comes from. You are responsible for the consequences of everything you submit, upload, post, email, display, transmit or otherwise make available. User Content does not represent the views of Hoppy, its affiliates or their respective successors, assigns, directors, officers, employees, representatives or agents. You may encounter content that is offensive, indecent or objectionable, and Hoppy does not guarantee the accuracy, integrity, quality, lawfulness or content of User Content. Subject to Section 18 and liability that cannot lawfully be excluded, Hoppy is not liable in any way for User Content, including errors, omissions or loss or damage of any kind resulting from content submitted, uploaded, posted, emailed, displayed, transmitted or otherwise made available.
13.3 Submission of User Content; Restrictions.
The Services, including all User Content features, are for personal purposes only. You must not submit, post, email, display, transmit or otherwise make available any User Content we deem to be Unauthorized Content. “Unauthorized Content” means User Content that violates, or may be construed as violating, this Agreement, including Section 10 (User Conduct; Safety) and our Community Guidelines. Subject to our obligations and any liability under applicable law, we may review any User Content and delete, remove, move, edit or reject it where reasonably necessary to enforce this Agreement, comply with law or address a material safety or security risk. This includes Unauthorized Content. We will give reasons for restrictions where required by law, subject to lawful exceptions, including where disclosure would compromise our systems, an investigation or anyone's safety.
If you think we made a mistake in taking action on your User Account or User Content, you may appeal within six months. Email support@hoppy.com and explain why you believe the content removal or account suspension was wrong. This does not affect any right to use an eligible out-of-court dispute settlement body under the EU Digital Services Act or to bring proceedings before a competent court.
In short: We can act on content that breaks these Terms or creates a material safety or security risk. If you think we made a mistake, email support@hoppy.com within six months to appeal. Other legal remedies may remain available based on where you live.
13.4 User Content License and Waiver.
You retain any rights you have in your User Content. By submitting it to the Services, you grant, to the extent of those rights, Hoppy a worldwide, royalty-free, non-exclusive license to host, store, use, copy, display, reproduce and distribute it strictly for the purpose of operating, developing, maintaining and providing the Services to you and other users. We may adapt or modify it, or create derivative versions, as technically necessary for those purposes, such as resizing, compression, thumbnails and moderation copies. We may sublicense these rights only to service providers and affiliates acting on our behalf, and transfer them only with the Services, subject to Section 21.4. The same limited permission covers your user name, image, voice and likeness as they appear in your User Content.
The manner in which we are permitted to display or transmit your User Content depends on its underlying purpose. In relation to your Public Content, you grant us the right to display it, including your Public Profile Information, within the profiles and discovery features of the App. In relation to your Private Content, you grant us the right to privately transmit it, including direct messages and media, strictly in accordance with its intended, private use. Your Private Content will not be displayed in public areas of the App or made available by Hoppy to users other than its intended recipients. It may be processed by our automated safety systems and reviewed by our safety team, and retained for the limited purposes in Section 13.4.1 and our Privacy Policy.
In short: You keep the rights you have in your content. You give us limited permission to run Hoppy and provide the safety and legal protections described here. We do not sell your User Content or use it for marketing, promotion or external advertising.
13.4.1 How long these Licenses Last
The rights and licenses granted to Hoppy regarding your User Content commence when you submit it and last as follows:
(a) A Revocable License to your User Content: You may revoke this license by deleting the relevant content or terminating your User Account. It then ends, except for conversations retained for other active users as described in our Privacy Policy, backup copies retained for up to 30 days after account closure, and the limited safety and legal retention described in paragraph (b).
(b) A Limited License for Safety and Legal Purposes: We may retain and use relevant User Content and records after deletion or account closure only for as long as necessary to enforce this Agreement, prevent a banned user from re-registering while a ban applies, investigate abuse, comply with law, or establish, exercise or defend legal claims. We may also retain examples of Public Content to train our human reviewers and automated safety systems. We will minimize identifying information and retain training examples only while needed for that purpose. Private Content is not included in training examples, except that hashes of violating content may be used to detect repeat abuse. This license ends when the relevant retention purpose ends. It does not override the requirements of data protection law or the retention limits in our Privacy Policy.
In short: Deleting content or closing your account ends the operational licence, subject to conversations kept for other active users, backups kept for up to 30 days after closure, and the limited safety and legal exceptions described here.
13.4.2 Waiver of Moral Rights; Authorization to Act
To the extent permitted by applicable law, you agree not to assert moral rights or rights of attribution against Hoppy or its service providers where doing so would prevent the technical uses of your User Content permitted by this Section. This does not allow us to use your content for other purposes. We may disclose your identity to a third party complaining about your User Content only where required by applicable law or valid legal process, or where we reasonably believe disclosure is necessary and proportionate to prevent serious harm. Where lawful and safe, we will tell you before doing so.
So that we can prevent the unconsented use of your User Content by other users or third parties outside of the Services, to the extent you hold the relevant rights, you authorize us to act on your behalf with respect to such infringing and/or unauthorized uses. This expressly includes the authority, but not the obligation, for us to send takedown notices (including, without limitation, pursuant to 17 U.S.C. § 512(c)(3) (i.e., DMCA Takedown Notices)) on your behalf if your User Content or screenshots of the Services containing your User Content are taken and leaked or used by third parties outside of the Services.
13.4.3 For the avoidance of doubt
- Your rights remain yours. Hoppy does not claim ownership of your User Content. We are granted only the limited licenses in Sections 13.4 to 13.4.2 to provide the Services and for the specified safety and legal purposes.
- No commercial use. We do not sell your User Content. Hoppy cannot use your User Content for promotional, marketing or external advertising purposes without your express consent (which we would ask you for separately).
- Safety scans. To protect our community and our safety teams, Hoppy may use automated systems to scan content before it is delivered, including to detect known digital hashes of child sexual abuse material (CSAM) and limit the amount of graphic content our human moderators are exposed to.
- Training our safety systems. We may retain examples of Public Content to train our automated safety systems and human reviewers to identify violations. These uses are subject to Section 13.4.1(b), including minimising identifying information and the limits on Private Content and retention.
In short: Safety checks help us detect abuse. Private chats are not used as safety-training examples; hashes of violating content may be used to detect repeat abuse. Any retained training examples must meet the limits above.
13.5 Rights; Representations.
Hoppy does not acquire any title or ownership rights in the User Content that you submit or make available and license to Hoppy under Section 13.4. After you submit, post, email, display, transmit or otherwise make available any User Content, you continue to retain any such rights that you may have in such User Content, subject to the rights, licenses and privileges granted in this Agreement. For User Content that you upload or otherwise supply yourself, you also represent, warrant and covenant that (i) you own the User Content posted by you or otherwise have the right to grant the rights, licenses and privileges described in this Agreement and to perform and comply with all of the requirements set forth in this Agreement and (ii) your submission, uploading, posting, emailing, displaying, transmission or making available of User Content does not violate this Agreement, any rights of any other party or entity, any of your obligations, any law, rule or regulation or infringe upon, misappropriate or violate any intellectual property, proprietary, privacy, moral, publicity or other rights of any party or entity. You must also have any consent required from identifiable people depicted in your User Content for its submission and permitted use under these Terms.
13.6 Other Users’ Content
You must not share another user’s Private Content, images, identity or location outside the Services without their consent. This does not prevent lawful reports to Hoppy, regulators or law enforcement, obtaining confidential professional advice, or retaining and disclosing evidence where reasonably necessary to establish, exercise or defend legal rights. Any such disclosure must be limited to what is necessary for that purpose.
In short: Respect other people’s privacy. Do not share their private messages, images, identity or location outside Hoppy without consent, except for the limited reporting, advice and legal-evidence purposes stated here.
14. Availability.
Hoppy may, at its sole election, add, delete or disable Content, or add, delete, disable or modify any or all Services. You acknowledge that a change or discontinuation may reduce or end your ability to use the Services and that, to the extent permitted by law, Hoppy has no obligation or liability to you as a result. To that extent, Hoppy is not liable for removing or disabling access to Content, Services, materials or features, and may limit use of or access to any part of the Content or Services without notice or liability. Availability may vary between users because of location, equipment, Device or other factors. This Section is subject to Section 2 and does not exclude any remedy required by applicable law.
15. Payment & Pricing (It’s free!)
Hoppy is currently free to use. If we introduce paid features in the future, their pricing and separate terms will be displayed before you choose to purchase them.
16. Third Party Services and Content.
The appearance, availability or use of links or redirects in connection with the Services, or of third-party websites, platforms, content, data, information, applications, goods, services or materials, including Third-Party Platforms (collectively, "Third-Party Services"), does not amount to an endorsement or create any obligation, responsibility or liability for Hoppy, its affiliates or their respective successors, assigns, directors, officers, employees, representatives, agents, licensors, advertisers, suppliers, operators or service providers. We do not verify, endorse or take responsibility for Third-Party Services or their business practices, including privacy policies, even where our logo or sponsorship appears through co-branding, promotion or otherwise. We do not assume responsibility or liability for personal data collected by Third-Party Services you interact with. Please be aware when you leave the Services and read each provider's terms and privacy policy. This does not exclude Hoppy's responsibilities under applicable law for providers processing personal data on its behalf or for its own disclosures of personal data.
17. U.S. Users - Indemnity.
This Section 17 only applies if you are in the U.S.:
You agree to defend, indemnify and hold harmless Hoppy, its affiliates and their respective successors, assigns, directors, officers, employees, representatives, agents, licensors, suppliers and service providers against third-party claims, liabilities, damages, losses, costs and expenses, including reasonable attorneys' fees (collectively, "Claims"), to the extent caused by your breach of this Agreement, negligence or wilful misconduct. This excludes Claims caused by Hoppy's own breach, negligence or wilful misconduct. We may assume the exclusive defense and control of a matter covered by this indemnity, in which case you agree to cooperate with that defense.
18. Disclaimers; Limitation of Liability.
The following Sections 18.1 to 18.4 (inclusive) only apply if you are in the U.S.:
18.1 Generally.
THE SERVICES AND ALL CONTENT, PRODUCTS, SERVICES AND USER CONTENT AVAILABLE ON, THROUGH OR IN CONNECTION WITH THEM ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT ANY EXPRESS OR IMPLIED REPRESENTATION, WARRANTY OR CONDITION, OR ANY GUARANTEE THAT THE SERVICES WILL BE AVAILABLE OR THAT PRODUCTS, FEATURES, FUNCTIONS, SERVICES OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED. WE DISCLAIM ALL IMPLIED REPRESENTATIONS, WARRANTIES AND CONDITIONS RELATING TO THE SERVICES, SITE, APP, CONTENT, PRODUCTS, SERVICES AND USER CONTENT, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
We are not responsible or liable for malicious code, delays, inaccuracies, errors or omissions arising from your use of the Services. You assume the entire risk as to the quality, accuracy, performance, timeliness, adequacy, completeness, correctness, authenticity, security and validity of all features and functions, including associated User Content and Content. You are also responsible for your own internet connection.
SOME STATES DO NOT ALLOW CERTAIN DAMAGE EXCLUSIONS OR LIMITATIONS OR WARRANTY DISCLAIMERS, SO THE PROVISIONS IN THIS SECTION AND ELSEWHERE IN THESE TERMS MAY NOT APPLY TO YOU. ALL SUCH LIMITATIONS, EXCLUSIONS AND DISCLAIMERS APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
18.2 Third-Party Products and Services.
WE ARE NOT RESPONSIBLE AND HAVE NO LIABILITY FOR GOODS OR SERVICES YOU OBTAIN FROM THIRD-PARTY PROVIDERS, WEBSITES, WEBPAGES, APPLICATIONS OR PLATFORMS, EVEN WHEN ACCESSED OR PURCHASED WITHIN, THROUGH OR IN CONNECTION WITH THE SERVICES. THEIR OWN TERMS GOVERN THOSE PURCHASES. PRODUCT OR SERVICE SPECIFICATIONS AND OTHER INFORMATION COME FROM THE RELEVANT VENDORS OR PUBLICLY AVAILABLE SOURCES; WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THEIR ACCURACY OR RELIABILITY. INVESTIGATE AS YOU CONSIDER NECESSARY BEFORE TRANSACTING WITH A THIRD PARTY, AS YOU DO SO AT YOUR SOLE RISK. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SECURITY OF INFORMATION, INCLUDING CREDIT CARD OR OTHER PERSONAL DATA, THAT A THIRD PARTY REQUESTS. WE ARE NOT RESPONSIBLE FOR HELPING RESOLVE PROBLEMS WITH THIRD-PARTY GOODS OR SERVICES, EVEN IF ACCESSED THROUGH THE SERVICES, AND CANNOT ENSURE YOUR SATISFACTION WITH PRODUCTS OR SERVICES PURCHASED FROM INDEPENDENT THIRD-PARTY OPERATIONAL SERVICE PROVIDERS. YOU MAY NEED TO DIRECT CUSTOMER SERVICE ISSUES TO THE RELEVANT PROVIDER. THIS SECTION DOES NOT EXCLUDE HOPPY'S RESPONSIBILITY UNDER APPLICABLE LAW FOR ITS OWN ACTS OR OMISSIONS OR THOSE OF ITS SERVICE PROVIDERS.
18.3 No Warranty of Timeliness or Availability.
The Services have limited capacity, both overall and for each user. Messages and transmissions, including User Content, may be delayed or not processed at all, and features may be restricted, delayed or become inoperable. You acknowledge and agree that Hoppy assumes no liability, responsibility or obligation to transmit, process, store, receive or deliver transactions or User Content, or for any related failure or delay. Do not rely on the Services' timeliness or performance for transactions or User Content.
18.4 Limitation of Liability.
YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, HOPPY, ITS AFFILIATES, SUCCESSORS AND ASSIGNS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, OPERATORS, SERVICE PROVIDERS, ADVERTISERS AND SUPPLIERS, WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES. IN NO EVENT WILL HOPPY'S LIABILITY TO YOU IN CONNECTION WITH THIS AGREEMENT EXCEED THE GREATER OF: (I) THE AMOUNTS PAID BY YOU DURING THE THREE MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT(S) GIVING RISE TO LIABILITY HEREUNDER; OR (II) $100 USD. THESE LIMITATIONS DO NOT APPLY TO LIABILITY THAT CANNOT LAWFULLY BE EXCLUDED OR LIMITED.
THE LIMITATION OF LIABILITY HEREIN IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN AND REFLECTS A FAIR ALLOCATION OF RISK. THE APP AND SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS AND YOU AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY, DISCLAIMERS AND EXCLUSIVE REMEDIES SPECIFIED HEREIN WILL SURVIVE EVEN IF FOUND TO HAVE FAILED IN THEIR ESSENTIAL PURPOSE.
The following sections 18.5 to 18.6 (inclusive) only apply if you are outside the U.S.:
18.5 Liability.
We are responsible for foreseeable loss and damage caused by our breach of this Agreement or failure to use reasonable care and skill, but not for loss or damage that is unforeseeable. Loss or damage is foreseeable if it is obvious that it will happen or, when you accepted this Agreement, both you and we knew it might happen.
We do not exclude or limit liability where doing so would be unlawful. This includes death or personal injury caused by our negligence or that of our employees, agents or subcontractors, and fraud or fraudulent misrepresentation. Your mandatory statutory rights, including those relating to digital content and services, remain unaffected.
When we are liable for damage to your property. If defective digital content we supply damages your device or digital content, we will repair the damage or pay compensation. We are not liable for damage you could have avoided by following our advice to install a free update, or damage caused by your failure to follow installation instructions correctly or meet the minimum system requirements we advised.
We are not liable for business losses. If you use the Services for commercial, business or resale purposes, we have no liability for loss of profit, loss of business, business interruption or loss of business opportunity.
18.6 Limitations to the App and the Services.
We make reasonable efforts to update information in the App and Services, but give no express or implied representation, warranty or guarantee that it is accurate, complete or up to date.
Please back up your content and data. We recommend keeping backups of content and data used with the Services to protect against problems with the App or Services.
The App and Services have not been developed for your individual requirements. Please check that their facilities and functions, as described on the Site, in the relevant app store and in the User Documentation, meet your needs.
We are not responsible for events outside our control. If such an event delays the Services or support for the App or Services, we will take reasonable steps to minimize its effects. We are not liable for delays caused by the event. If there is a risk of substantial delay, you may end your use of or registration for the Services.
In short: The liability rules differ for US and other users. They limit some claims, but do not remove rights or liability that the law says cannot be excluded.
19. Customer Support; Governing Law; Dispute Resolution.
19.1 Support
To report disputes with other users, breaches of the Community Guidelines or concerns about User Content, or to ask for help, contact support@hoppy.com.
19.2 Governing Law.
If you usually live in the United States, this Agreement and any dispute or claim arising out of or in connection with it or its subject matter (including non-contractual disputes or claims) shall be governed by applicable United States federal law and, for matters governed by state law, the substantive law of the State of New York, without applying its conflict-of-laws rules. The Federal Arbitration Act and applicable federal arbitration law govern the interpretation and enforcement of the Arbitration Agreement in Section 19.3(i).
If you usually live outside the United States, this Agreement and those disputes or claims shall be governed by and construed in accordance with the laws of England and Wales.
If you are a consumer, neither choice of law deprives you of the protection of mandatory laws applicable in the country, state or territory where you usually live.
In short: US users: US federal law and New York state law apply. Other users: the law of England and Wales applies. Mandatory consumer protections where you usually live are preserved.
19.3 Dispute Resolution.
If we cannot resolve your dispute through our customer service channels, the following applies depending on where you usually live:
(i) U.S. Users - Arbitration Agreement; Class Action and Jury Waiver
This Section 19.3(i) is the “Arbitration Agreement”. If you usually live in the U.S., final and binding arbitration on an individual basis, subject to the exceptions and Batch Arbitration process below, shall be the sole and exclusive forum and remedy for any and all disputes and claims that cannot be resolved informally and that relate in any way to or arise out of the App, Services or this Agreement. Notwithstanding the foregoing, this arbitration agreement does not (a) govern any claim by Hoppy for infringement of its intellectual property or access to the Services that is unauthorized or exceeds authorization granted in this Agreement or (b) bar you from making use of applicable small claims court procedures in appropriate cases. The parties hereto acknowledge and agree that the Federal Arbitration Act and federal arbitration law apply to arbitrations under this Agreement (despite any other choice of law provision).
Nothing in this Arbitration Agreement prevents reports to or proceedings by a regulator, limits a non-waivable right to proceed in court or seek public injunctive relief, or requires arbitration or enforcement of a predispute joint-action waiver where a claimant validly elects court proceedings under the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act.
Arbitration under this Agreement shall be conducted by the American Arbitration Association (the "AAA"). The AAA’s Consumer Arbitration Rules and, where applicable, its Mass Arbitration Supplementary Rules will apply, except as modified by this Arbitration Agreement. The AAA rules are available at https://www.adr.org. Any Notice of Arbitration should be emailed to us at support@hoppy.com.
Batch Arbitration. To increase the efficiency of administration and resolution of arbitrations, you and Hoppy agree that in the event that there are 30 or more individual requests for arbitration of a substantially similar nature filed against Hoppy by or with the assistance of the same law firm or coordinated counsel within a 90-day period, the AAA shall, following the bellwether arbitrations and mediation below: (1) administer the remaining arbitration demands in batches of 100 requests per batch; (2) appoint one arbitrator for each batch; and (3) provide for the resolution of each batch as a single consolidated arbitration with one set of filing and administrative fees due per side per batch. A smaller final batch is permitted. Batches need not await the conclusion of earlier-numbered batches. You and Hoppy agree to cooperate in good faith with the AAA to implement this Batch Arbitration process.
Bellwether Arbitrations. Before Batch Arbitration proceeds, the parties shall conduct two successive rounds of ten individual test cases, with five selected by Hoppy and five by the claimants collectively through their counsel for each round. The second round shall be selected in light of the first round. If fewer than ten unresolved claims remain, all shall proceed. The first round shall begin within 60 days after the threshold for Batch Arbitration is met; each round shall last no more than 90 days, including selection and appointment, and the second shall follow immediately. The parties shall request final awards within those periods. Each test case shall bind only its parties.
Mediation. After the second round, the parties shall mediate the remaining claims before a mediator agreed by the parties or appointed by AAA. Hoppy shall pay the mediator’s fees and administrative mediation charges. Mediation shall conclude within 45 days after the second round ends. A settlement binds only claimants who agree to it or authorise it.
Subject to AAA’s agreement, other claims and their individual filing fees shall be held in abeyance during the bellwether arbitrations and mediation. Bellwethers attract individual-case fees. Each stage ends on completion or expiry of its stated period, whichever occurs first; an unfinished case shall not delay the next stage. Later related claims shall not restart completed stages. Unresolved claims shall then proceed in Batch Arbitration.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ARBITRATION SHALL PROCEED SOLELY ON AN INDIVIDUAL BASIS WITHOUT THE RIGHT FOR ANY DISPUTES TO BE ARBITRATED ON A CLASS ACTION BASIS OR ON BASES INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF OTHERS. THIS DOES NOT PRECLUDE THE BATCH ARBITRATION EXPRESSLY PROVIDED FOR ABOVE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND HOPPY ALSO WAIVE THE RIGHT TO BRING OR PARTICIPATE IN A CLASS, COLLECTIVE OR REPRESENTATIVE ACTION IN COURT, SUBJECT TO THE OPT-OUT BELOW.
Except for Batch Arbitration as provided above, disputes may not be joined or consolidated unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration.
In the event that this CLASS ACTION WAIVER is deemed unenforceable, then any putative class action may only proceed in a court of competent jurisdiction without a jury (to the extent permitted by applicable law) and not in arbitration. Class arbitration is not permitted.
Except as otherwise provided in this Arbitration Agreement, by agreeing to arbitration, the parties understand and agree that they are waiving their rights to maintain other available resolution processes, such as a court action or administrative proceeding, to settle their disputes. The rules in arbitration are different. There is no judge or jury, and review of an arbitrator's decision is very limited. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE BOTH FURTHER AGREE THAT, WHETHER A CLAIM WILL BE RESOLVED IN ARBITRATION OR IN COURT, THE PARTIES BOTH WAIVE ANY RIGHT TO A JURY TRIAL INVOLVING ANY CLAIMS OR DISPUTES.
However, to the extent permitted by law, no action arising out of this Agreement or your use of the Services, regardless of form or the basis of the claim, may be brought by you more than one year after the cause of action has arisen (or if multiple causes, from the date the first such cause arose).
This one-year period and any other applicable limitation period shall be tolled from Hoppy’s receipt of written notice identifying the claimant and dispute during any waiting required by this Arbitration Agreement, until the claim may proceed in arbitration or court and for 90 days afterwards. This does not revive an already time-barred claim.
Opting Out. You may opt out by emailing support@hoppy.com, headed “Arbitration Opt-Out”, within 31 days after the later of your first acceptance of this Agreement and Hoppy first notifying you that these opt-out rights are available. The notice must state your name, identify your User Account if any, and state that you wish to opt out. You or your authorised representative may send it. Unless you expressly specify a narrower election, your notice opts you out of both arbitration and the CLASS ACTION WAIVER.
A timely opt-out binds both parties, disapplies the corresponding obligations under earlier Agreements and remains effective under later versions. Later amendments or new accounts do not create another opt-out period, except as required by law. Opting out does not affect access to the Services, authorise class arbitration or reopen a final award, judgment or settlement. Opting out of the court class-action waiver alone does not remove an otherwise applicable obligation to arbitrate individual claims.
Subject to a valid opt-out, this Arbitration Agreement survives termination of the Agreement. Amendments are governed by Section 2.
In short: For US users, most unresolved disputes go to arbitration, with the exceptions and coordinated batch process below. You can opt out of arbitration and the class-action waiver by emailing support@hoppy.com within the 31-day window below. The jury waiver is separate and applies only where lawful.
(ii) Users outside the U.S. - Legal Proceedings
If you usually live outside the U.S. and you are a consumer, you may bring legal proceedings in your local courts or in the courts of England.
Otherwise, the courts of England shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this Agreement or its subject matter or formation.
20. Digital Millennium Copyright Act.
20.1 Reporting Claims of Copyright Infringement
If you own copyright or act for its owner and believe content on the Services infringes it, you may submit a notice under the Digital Millennium Copyright Act ("DMCA"). Send our Designated Agent, identified below, the following information in writing (see 17 U.S.C. 512(c)(3) for details):
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Services are covered by a single notification, a representative list of such works on the Services
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed and information reasonably sufficient to permit us to locate the material (such as a URL, profile identifier or other information identifying the material and where it appears)
- Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if applicable, email address
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
20.2 Counter-Notification
If you believe content you posted was removed under this Section 20 by mistake or misidentification, you may send a written counter-notification (a "Counter Notice") to our copyright agent identified below. Under the DMCA, it must include substantially the following:
- Your physical or electronic signature.
- An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.
- Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
- A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
- A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Website may be found) and that you will accept service from the person (or an agent of that person) who provided the Services with the complaint at issue.
The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter Notice.
20.3 Designated Agent
Our designated copyright agent (“Designated Agent”) to receive notices under this Section 20 is:
The Copyright Officer, Hoppy
The Gables Haggatt Hall,
Saint Michael, Barbados
Submit written notices to dpo@hoppy.com. Your DMCA notice may be invalid if it does not meet all the requirements of this Section 20. If you knowingly materially misrepresent that material or activity on the Services infringes your copyright, Section 512(f) of the DMCA may make you liable for damages, including costs and attorneys' fees.
Our policy is to terminate repeat copyright infringers' accounts in appropriate circumstances. To report other allegedly illegal content, email support@hoppy.com, identify the content and its location, explain why it is illegal and provide enough information for us to assess the report and respond where appropriate.
21. Miscellaneous.
21.1 Final Agreement; Severability; Survival; Waiver; Third Party Rights.
To the extent permitted by law, this Agreement and applicable Additional Terms are the entire agreement between you and Hoppy about the Services and replace all prior or inconsistent understandings about the Services and your use of them. This Agreement cannot be changed or terminated orally. If a provision is illegal, invalid or unenforceable, the other provisions remain effective and this Agreement is deemed amended as necessary to make it legal, valid and enforceable to the fullest extent permitted by applicable law. Provisions that must survive to allow us to enforce their meaning will continue after termination. Hoppy's failure or delay in exercising or enforcing a right or provision does not waive it: you must still comply, and we may enforce it later. Except for Apple and its subsidiaries as specified in Section 6, this Agreement gives no other party any benefit or right to enforce a term, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
21.2. Languages.
This Agreement is written in English. Translations are provided only for convenience. If a translation conflicts with the English version, the English version controls.
21.3 Notice.
Where we require an email address, you must provide your most current address. If the last address you gave us is invalid or cannot receive notices for any reason, notice is effective only to the extent permitted by applicable law. We will not rely solely on an email we know has failed to reach you. You may give notice to Hoppy at support@hoppy.com; it is deemed given when we receive it at that address.
21.4 Assignment.
You may not transfer or assign this Agreement or any rights, licenses or privileges it grants. Hoppy may do so provided your rights under this Agreement are not reduced. If you are unhappy with a transfer by Hoppy, you may end your use of or registration for the Services by closing your User Account in accordance with our then-applicable requirements.