Terms & Conditions

General

This Term is an Agreement made between you and Apps and Services of Hoppen and who assist me with respect to the provision of the services (collectively, “we”, “us” or “our”) for your use of Apps and Services. We may update this Term from time to time at our discretion, including, without limitation, making any updates to satisfy business, legal or policy requirements. If you are unwilling to accept all or part of the provisions of any future updated version of this Term, you must immediately cease your use of Apps and Services.

Because Apps and Services are evolving, We may change or discontinue all or any part of Apps and Services at any time and without notice, at our sole discretion. If you continue to use Apps and Services after we have posted an updated version of this Term, you are agreeing to be bound by the updated version of this Term. Under this Term, "Apps and Services" are developed, operated, and managed by us.

The User must read this document carefully.

The Owner offers Products through the App Store. Although the entire contractual relationship relating to these Products is entered into solely by the Owner and Users, Users acknowledge and agree that Apple may enforce these Terms as a third-party beneficiary.

These Apps and Services are provided by Hoppen

Inappropriate Use

You may not upload, display, or otherwise provide on or through the Service any content that: (i) is libelous, defamatory, abusive, threatening, harassing, hateful, offensive, or otherwise violates any law or infringes upon the right of any third party (including copyright, trademark, privacy, publicity, or other personal or proprietary rights); or (ii) in Apps and Services sole judgment, is objectionable or which restricts or inhibits any other person from using the Service or which may expose Apps and Services or its users to any harm or liability of any kind.

We take inappropriate use of our Service seriously and may take appropriate action against any user who violates these Terms and Conditions.

License to Apps

Apps and Services grants you a non-transferable, non-exclusive license to download, install, and use one copy of each App in object code form only on an interactive wireless device that you own or control, subject to the terms of these Terms and Conditions. You acknowledge and agree that Apps and Services and its licensors own and shall retain all intellectual property rights and other rights in and to the Apps, including any changes, modifications, or corrections thereto. You may not drive or attempt to derive the source code of all or any portion of any App, permit any third party to derive or attempt to derive such source code, or reverse engineer, disassemble, or translate any App or any part thereof. If you are using the Apps from the Apple App Store, the following terms and conditions apply to you. In this case, to the extent the other terms and conditions of these Terms and Conditions are less restrictive than or otherwise conflict with, the terms and conditions of this paragraph, the more restrictive or conflicting terms and conditions in this paragraph apply, but solely with respect to Apps from the Apple App Store. You must comply with applicable third-party terms of agreement when using any App. You and Apps and Services acknowledge and agree that Apple, and Apple's subsidiaries, are third party beneficiaries of these Terms and Conditions as they relate to your license of the Apps, and that, upon your acceptance of these Terms and Conditions, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms and Conditions against you as a third-party beneficiary thereof. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apps. In the event of any failure of any App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, for the App to you.

API usage terms

Users can access their data related to this Application via the Application Program Interface (API). Any use of the API, including use of the API through a third-party product/service that accesses this Application, is bound by these Terms and, in addition, by the following specific terms:

The Owner is not responsible and will not be held liable for any damages or losses resulting from the User's use of the API or their use of any third-party products/services that access data through the API.

Purchase via app store

This Application or specific Products available for sale on this Application must be purchased via a third-party app store. To access such purchases, Users must follow the instructions provided on the relevant online store (Apple App Store), which may vary depending on the particular device in use.

Unless otherwise specified, purchases done via third-party online stores are also subject to such third-parties' terms and conditions, which, in case of any inconsistency or conflict, shall always prevail upon these Terms. Users purchasing through such third-party online stores must therefore read the terms and conditions of sale.

In-App Purchases

In the Service, you may purchase, with your country's currency, a limited, personal, non-transferable, non-sublicensable, revocable license to use virtual currency and virtual in-app items, collectively known as Virtual Items. Apps and Services may manage, regulate, control, modify, or eliminate Virtual Items at any time, with or without notice. Apps and Services may update the pricing of Virtual Items at any time in its sole discretion, and may add new Virtual Items for additional fees. You agree to pay all fees and applicable taxes incurred by you or anyone using a Apps and Services account registered to you. Apps and Services may revise the pricing for the goods and services offered through the Service at any time. All information that you provide in connection with the purchase or transaction or other monetary transaction interaction with the Service must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transactions interactions.

Contract duration for Subscription

Subscriptions

Subscriptions enable users to receive a product on a continuous or regular basis over a fixed period of time. Paid subscriptions commence on the day the Owner receives payment. To maintain subscriptions, users must pay the required recurring fee on time. Failure to do so may result in service interruptions.

Subscriptions Handled via Apple ID

Users can subscribe to a product by using the relevant process on this Application and their Apple ID associated with their Apple App Store account. When doing so, Users acknowledge and accept that:

• Any payment due shall be charged to their Apple ID account
• Payment for such a subscription (which may be for example daily, weekly, monthly or yearly) may be processed in the application, by third parties who act on our behalf or directly by the mobile platform owner (e.g. Apple, Google or Huawei). Free trial subscriptions may be canceled at any point up to 24 hours before the expiry of the free trial (Apple)
• Subscriptions will be automatically renewed for the same duration unless the user cancels at least 24 hours before the current period expires
• Any fees or payments due for renewal will be charged within 24 hours before the end of the current period
• Subscriptions can be managed or canceled in the Users' Apple App Store account settings.

The above terms will take precedence over any conflicting or diverging provision of these Terms.

Payment Processors

All financial transactions made in connection with the Service will be processed by a third party in accordance with their respective terms of use, privacy policy, and/or any applicable payment terms and conditions. We encourage you to learn about the practices of such third parties. In no event will Apps and Services be responsible for any errors or other issues arising from the actions of such third parties.

Refund Policy

In general, Hoppen Apps does not offer direct refunds for application purchases , unless there are exceptional circumstances. We kindly request that you refrain from contacting us with refund requests, as we are unable to process them. If you wish to inquire about a refund, please contact the support outlet of the platform through which you made the application purchase. However, please note that the platform determines the circumstances and eligibility for a refund at their discretion.

Details on receiving assistance for App Store purchases can be found on the following Apple Support page. Get help with an item purchased from the iTunes Store, App Store, Mac App Store, or iBooks Store

Limitation on Types of Damages of Liability

Apps and Services is committed to providing you with the best possible service, but there may be instances where things do not go as planned. In such cases, we want to ensure that you are aware of our limitations on types of damages of liability. By using our Service, you agree that Apps and Services will not be liable to you or any third party for indirect, incidental, special, consequential, or exemplary damages arising out of or relating to the access or use of, or the inability to access or use, the Service or any portion thereof.

Such damages may include but are not limited to the loss of use of the Service, inaccurate results, loss of profits, business interruption, damages stemming from the loss or corruption of data or data being rendered inaccurate, the cost of recovering any data, the cost of substitute services, or claims by third parties for any damage to computers, software, modems, telephones, or other property, even if Apps and Services has been advised of the possibility of such damages.

Apps and Services's liability to you or any third party claiming through you for any cause whatsoever, and regardless of the form of the action, is limited to the amount paid, if any, by you to Apps and Services in the 12 months prior to the initial action giving rise to liability. This is an aggregate limit, and the existence of more than one claim hereunder will not increase this limit.

Termination

Apps and Services reserves the right to terminate your access and use of the Service immediately at any time, for any reason, and at such time, you will have no further right to use the Service. You may terminate your Apps and Services account at any time by following the instructions available through the Service. Please note that the provisions of these Terms and Conditions relating to the protection and enforcement of Apps and Services proprietary rights, your representations and warranties, disclaimer of representations and warranties, release and indemnities, limitations of liability and types of damages, ownership of data and information, governing law and venue, and miscellaneous provisions shall survive any such termination.

User Generated Content

By submitting any ratings, reviews, information, data, text, pictures, or other materials on the Service ("Content"), you grant Apps and Services a royalty-free license to use, reproduce, copy, adapt, modify, merge, distribute, publicly display, create derivative works from, incorporate such Content into other works, sublicense through multiple tiers the Content, and acknowledge that this license cannot be terminated by you once your Content is submitted to the Service. You represent that you own or have secured all legal rights necessary for the Content submitted by you to be used by you, Apps and Services, and others as described and otherwise contemplated in these Terms and Conditions. You understand that other users will have access to the Content, and that neither they nor Apps and Services have any obligation to maintain the confidentiality of the Content.

Your Representations and Warranties

You represent and warrant that your access and use of the Service will comply with these Terms and Conditions and with all applicable local laws, rules, and regulations.

You further represent and warrant that you have created or own any material you submit via the Service (including Translation Materials, Course Contributor Materials, Activity Materials, and Content) and that you have the right, as applicable, to grant us a license to use that material as set forth above or the right to assign that material to us as set forth below.

You also represent and warrant that you are not organized under the laws of, operating from, or otherwise ordinarily resident in a country or territory organization.

Proprietary Rights in Service Content and Activity Materials

All content available through the Service, including designs, text, images, information, and other files, and their selection and arrangement (the "Service Content"), are the proprietary property of Apps and Services or its licensors. No Service Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, other than as expressly permitted in these Terms and Conditions.

You may not use any data mining, robots, scraping or similar data gathering or extraction methods to obtain Service Content. As between you and Apps and Services, all data, information, and materials generated from your access and use of the educational activities made available on or through the Service, including translated content generated by you (collectively, the “Activity Materials”), shall be exclusively owned by Apps and Services, and you shall not have any right to use such Activity Materials except as expressly authorized by these Terms and Conditions. Activity Materials will not include Translation Materials.

By using the Service, you hereby assign to Apps and Services any and all rights, title, and interest, including any intellectual property rights or proprietary rights, in the Activity Materials. All rights of Apps and Services or its licensors that are not expressly granted in these Terms and Conditions are reserved to Apps and Services and its licensors.

NEITHER Hoppen APPS NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING Hoppen APPS, INCLUDING OUR LICENSORS, SHALL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES. This includes lost profits, loss of data or goodwill, service interruption, computer damage, system failure, or the cost of substitute services arising out of or in connection with these Terms or the use of, or inability to use, Hoppen Apps or our licensors' intellectual property. Such damages may arise from warranty, contract, tort (including negligence), product liability, or any other legal theory, even if Hoppen Apps has been informed of the possibility of such damages. In the event that a limited remedy described herein is found to have failed its essential purpose, the above limitation of liability shall still apply. Please note that certain jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.

Intellectual property rights/DMCA

This section outlines the ownership and protection of intellectual property rights related to this application.

All intellectual property rights, including copyrights, trademark rights, patent rights, and design rights, related to this Application are the exclusive property of the Owner or its licensors. These rights are subject to protection granted by applicable laws or international treaties that relate to intellectual property.

Any trademarks, whether nominal or figurative, along with all other marks, trade names, service marks, word marks, illustrations, images, or logos that appear in connection with this Application are the exclusive property of the Owner or its licensors. These marks and other intellectual property are subject to protection granted by applicable laws or international treaties related to intellectual property.

Warranty Disclaimers

Hoppen Apps and Services, as well as our licensors' intellectual property, are provided "as is" without any kind of warranty. We explicitly disclaim any implied warranties of merchantability, fitness for a particular purpose, quiet enjoyment, non-infringement, and any warranties arising from the course of dealing or usage of trade. We do not guarantee that Hoppen Apps and Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. Furthermore, we make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness, or reliability of any of our intellectual property.

Indemnity

You agree to indemnify and hold Hoppen Apps and Services, as well as its officers, directors, employees, and agents, harmless from any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including reasonable legal and accounting fees. This indemnity applies to situations arising from (i) your access to or use of Hoppen Apps and Services or our licensors' intellectual property, (ii) your content, or (iii) your violation of these Terms.

Common provisions

Severability

If any provision of these Terms is found to be invalid or unenforceable under applicable law, the remaining provisions shall still be valid and enforceable.

EU Users

If any provision of these Terms is or becomes void, invalid, or unenforceable, the parties will make an effort to reach an agreement on a valid and enforceable provision to replace the void or invalid parts. If they fail to do so, the void or invalid provisions will be replaced by the applicable statutory provisions as permitted by the law.

However, nullity, invalidity, or the impossibility to enforce a particular provision shall not nullify the entire Agreement unless the provision is essential to the Agreement, or of such importance that the parties would not have entered into the contract if they had known that the provision would not be valid, or if the remaining provisions would translate into an unacceptable hardship on any of the parties.

US Users

If any provision of these Terms is found to be invalid or unenforceable, it will be reformed to the extent necessary to make it valid and enforceable in accordance with its original intent. These Terms constitute the entire Agreement between Users and the Owner and supersede all other communications.

Governing Law

These Terms are governed by the law of the place where the Owner is based, as stated in the relevant section of this document, without regard to conflict of laws principles.

Exception for European Consumers

If the User qualifies as a European Consumer and has their habitual residence in a country where the law provides for a higher consumer protection standard, such higher standards will prevail.

Venue of Jurisdiction

The courts of the place where the Owner is based, as stated in the relevant section of this document, have exclusive jurisdiction to decide on any controversy arising from or related to these Terms.

Exception for European Consumers

This does not apply to any Users that qualify as European Consumers, nor to Consumers based in Switzerland, Norway or Iceland.

Changes to Terms of Service

The Owner of this Service may make changes to these Terms of Service at any time, and will inform Users of any such changes in a suitable manner. These changes will only apply to the User's relationship with the Owner going forward. By continuing to use the Service, the User indicates their acceptance of the updated Terms. If a User does not agree with the revised Terms, they must stop using the Service. Failure to accept the revised Terms may result in either party terminating the Agreement.

The previous version of these Terms will govern the relationship before the User accepts the updated Terms. Users can obtain a previous version from the Owner if needed. If required by applicable law, the Owner will provide a specific date by which the updated Terms will become effective.

Assignment of Contract

The Owner reserves the right to transfer, assign, dispose of, or subcontract any or all of the rights and obligations under these Terms, taking the User's legitimate interests into account. Provisions regarding changes to these Terms will apply in such cases. Users may not assign or transfer their rights or obligations under these Terms without the written permission of the Owner.