hippo - Payment Terms

Payment Terms

Effective as of April 15, 2023

These Payments Terms of Service for Vendors (“Payments Terms”) are a binding legal agreement between you and hippolabs, Inc. that govern the Payment Services (defined below) conducted through or in connection with the Hippo Platform. When these Payments Terms mention “hippolabs, Inc.,” “we,” “us,” or “our,” it refers to the hippolabs, Inc. company you are contracting with for Payment Services.

Hippolabs, Inc. provides payments services to vendors using the Hippo software platform and integrated third-party providers. These payment services may include (if available) the following (collectively, “Payment Services”):

Collecting payments from customers (“Payin”), by charging the preferred payment method chosen such as credit card, debit card, bank account or PayPal account (“Payment Method”)
Effecting payments to vendors (“Payout”) to a financial instrument associated with their Hippo account, such as a PayPal account, Venmo account, or bank account (“Payout Method”)
Effecting payments to a third-party Payout Method designated by a vendor
Payment collection services
Other payment-related services in connection with Hippo services

In order to use the Payment Services, you must be at least 18 years old, must have a Hippo account in good standing in accordance with the Hippo Terms of Service (“Terms”), and must keep your account information, including payment and payout method, accurate and complete.
The Terms separately govern your use of the Hippo Platform. If you see an undefined term in these Payment Terms, it has the same definition as in the Terms.
Your use of the Payment Services
1 hippo Payment Services. By using the Payments Services, you agree to comply with these Payment Terms. Hippolabs, Inc. may temporarily limit or suspend your access to or use of the Payment Services, or its features, to carry out maintenance measures that ensure the proper functioning of the Payment Services. Hippolabs, Inc. may improve, enhance and modify the Payment Services and introduce new Payment Services from time to time. Hippolabs, Inc. will provide notice to Members of any changes to the Payment Services, unless such changes do not materially increase the Members’ contractual obligations or decrease the Members’ rights under these Payments Terms.
2 Third Party Services. The Payment Services may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services are subject to different terms of service and privacy policies, and Members should review them. Hippolabs, Inc. is not responsible or liable for the use of such Third-Party Services. Links to any Third-Party Services are not an endorsement by Hippolabs, Inc. of those Third-Party Services.
3 Your Hippo Account. Hippolabs, Inc. may enable features that allow you to authorize other Members or third parties to take certain actions that affect your Hippo account. You may authorize a third party to use your Hippo account if the feature is enabled for your Hippo account. You acknowledge and agree that anyone you authorize to use your Hippo account may use the Payment Services on your behalf and that you will be responsible for any payments made by such person. 

4 Verification. You authorize Hippolabs, Inc., directly or through third parties, to make any inquiries we consider necessary to verify your identity and the information you provide. This may include (i) screening you against third-party databases or other sources, (ii) requesting reports from service providers, (iii) asking you to provide a form of government identification (e.g., driver’s license or passport), your date of birth, your address, and other information; or (iv) requiring you to take steps to confirm ownership of your email address, Payment Method(s) or Payout Method(s). Hippolabs, Inc. reserves the right to terminate, suspend, or limit access to the Payment Services in the event we are unable to obtain or verify any of this information.

5 Additional Terms. Your access to or use of certain Payment Services may be subject to, or require you to accept, additional terms and conditions. If there is a conflict between these Payments Terms and terms and conditions applicable to a specific Payment Service, the latter terms and conditions will take precedence with respect to your use of or access to that Payment Service, unless specified otherwise.

Customer Terms

1 Adding a Payment Method. When you add a Payment Method to your Hippo account, you will be asked to provide billing information such as name, billing address, and financial instrument information either to Hippolabs, Inc. or its third-party payment processor(s). You authorize Hippolabs, Inc. and its payment service providers to collect and store your Payment Method information.

2 Payment Method Verification. When you add or use a new Payment Method, Hippolabs, Inc. may verify the Payment Method by (i) authorizing your Payment Method for one or two nominal amounts via a payment service provider, and asking you to confirm those amounts, or (ii) requiring you to upload a billing statement. We may, and retain the right to, initiate refunds of these amounts from your Payment Method. When you add a Payment Method during checkout, we will automatically save and add that Payment Method to your Hippo account so it can be used for a future transaction. 

3 Payment Authorization. You allow Hippolabs, Inc. to charge your Payment Method (including charging more than one payment method), either directly or indirectly, for all fees due (including any applicable taxes) in connection with your Hippo account, including amounts in accordance with the Terms.

4 Automatic Update of Payment Method. If your Payment Method’s account information changes (e.g., account number, routing number, expiration date) as a result of re-issuance or otherwise, we may acquire that information from our financial services partners or your bank and automatically update your Payment Method on file.

5 Payment Restrictions. Hippolabs, Inc. reserves the right to decline or limit payments that we believe (i) may violate Hippolabs, Inc.’s risk management policies or procedures, (ii) may violate these Payments Terms or the Terms, (iii) are unauthorized, fraudulent or illegal; or (iv) expose you, Hippo, Hippolabs, Inc., or others to risks unacceptable to Hippolabs, Inc.

6 Payment Service Providers. Payment Methods may involve the use of third-party payment service providers. These payment service providers may charge you additional fees when processing payments in connection with the Payment Services, and Hippolabs, Inc. is not responsible for any such fees and disclaims all liability in this regard. Your Payment Method may also be subject to additional terms of use. Please review them before using your Payment Method.

7 Your Payment Method, Your Responsibility. Hippolabs, Inc. is not responsible for any loss suffered by you as a result of incorrect Payment Method information provided by you.

Vendor Terms

1 Payment Collection. Hippolabs, Inc. collects the Total Price of a transaction at the time the customer makes a purchase, unless noted otherwise.

2 Valid Payout Method. In order to receive a Payout, you must have a valid Payout Method linked to your Hippo account. When you add a Payout Method to your Hippo account, you will be asked to provide information such as name, billing address, and financial instrument information either to Hippolabs, Inc. or its third-party payment processor(s) and bank partners. Depending on the Payout Method selected additional information may be required, such as: residential address, name on the account, account type, routing number, account number, email address, identification number and account information associated with a particular payment processor. Providing requested information is required for a Payout Method to be valid. The information Hippolabs, Inc. requires for a valid Payout Method may change, and Hippolabs, Inc. may request additional information at any time; failing to provide requested information may result in Hippolabs, Inc. temporarily placing a hold, suspending, or canceling any Payout until the information is provided and, if necessary, validated. You authorize Hippolabs, Inc. to collect and store your Payout Method information. Hippolabs, Inc. may also share your information with governmental authorities as required by applicable law.

3 Timing of Payout

3.1 Subject to and conditional upon successful receipt of the payments from the Customer, Hippolabs, Inc. will generally initiate Payouts to your selected Payout Method: (i) for transactions, 24 hours after the Customer makes a purchase. 

3.2 Hippolabs, Inc. may offer you a different Payout time or trigger for payment, which may be subject to additional terms and conditions. The time it takes to receive Payouts once released by Hippolabs, Inc. may depend upon the Payout Method you select.

4 Payout. Your Payout for a transaction will be the Total Price less applicable fees like Hippo service fees, payment processing fees, and applicable taxes. In the event of refunded orders, Hippolabs, Inc. will remit the amount you are due (if any) as provided in the Terms.

5 Payout Restrictions. Hippolabs, Inc. may temporarily place a hold, suspend, or cancel any Payout for purposes of preventing unlawful activity or fraud, risk assessment, security, or completing an investigation; or if we are unable to verify your identity, or to obtain or verify requested information. Furthermore, Hippolabs, Inc. may temporarily place a hold on, suspend, or delay initiating or processing any Payout.

6 Limits on Payouts. For compliance or operational reasons, Hippolabs, Inc. may limit the amount of a Payout. If you are due an amount above that limit, Hippolabs, Inc. may make a series of Payouts (potentially over multiple days) in order to provide your full Payout amount.

7 Payment Service Providers. Payout Methods may involve the use of third-party payment service providers. These service providers may charge you additional fees when processing Payouts in connection with the Payment Services (including deducting charges from the Payout amount), and Hippolabs, Inc. is not responsible for any such fees and disclaims all liability in this regard. Your Payout Method may also be subject to additional terms of use. Please review them before using your Payout Method.

8 Your Payout Method, Your Responsibility. Hippolabs, Inc. is not responsible for any loss suffered by you as a result of incorrect Payout Method information provided by you.

Appointment of Hippolabs, Inc. as Limited Payment Collection Agent

1 Each Vendor, including each Vendor Team member, hereby appoints Hippolabs, Inc. as the Vendor’s payment collection agent solely for the limited purpose of accepting and processing funds from Customers purchasing Vendor goods, food, or services on the Vendor’s behalf.

2 Each Vendor, including each Vendor Team member, agrees that payment made by a Customer through Hippolabs, Inc., shall be considered the same as a payment made directly to the Vendor, and the Vendor will provide the Vendor goods, food, and services purchased by the Customer in the agreed-upon manner as if the Vendor has received the payment directly from the Customer. Each Vendor agrees that Hippolabs, Inc. may refund the Customer in accordance with the Terms. Each Vendor understands that Hippolabs, Inc.’s obligation to pay the Vendor is subject to and conditional upon successful receipt of the associated payments from Customer. Hippolabs, Inc. guarantees payments to Vendor(s) only for such amounts that have been successfully received by Hippolabs, Inc. from Customers in accordance with these Payments Terms. In accepting appointment as the limited payment collection agent of the Vendor, Hippolabs, Inc. assumes no liability for any acts or omissions of the Vendor.

3 Each Customer acknowledges and agrees that, notwithstanding the fact that Hippolabs, Inc. is not a party to the agreement between you and the Vendor(s), including each Vendor Team member, Hippolabs, Inc. acts as each Vendor’s payment collection agent for the limited purpose of accepting payments from you on behalf of the Vendor(s). Upon a Customer’s payment of the funds to Hippolabs, Inc., the Customer’s payment obligation to the Vendor(s) for the agreed upon amount is extinguished, and Hippolabs, Inc. is responsible for remitting the funds successfully received by Hippolabs, Inc. to the Vendor(s) in the manner described in these Payments Terms. In the event that Hippolabs, Inc. does not remit any such amounts, the Vendor(s) will have recourse only against Hippolabs, Inc. and not the Customer directly.

General Terms

1 Fees. Hippolabs, Inc. may charge fees for use of certain Payment Services and any applicable fees will be disclosed to you in the Terms, via the Hippo Platform, or discussed verbally at time of vendor onboarding.

2 Payment Authorizations. You authorize Hippolabs, Inc. to collect from you amounts due pursuant to these Payment Terms and/or the Terms by either (i) charging the Payment Method associated with the relevant transaction, or any other Payment Method on file that you authorize in your Hippo account (unless you have previously removed the authorization to charge such Payment Method(s)), or (ii) by withholding the amount from your future Payout. Specifically, you authorize Hippolabs, Inc. to collect from you:

•	Any amount due to Hippolabs, Inc., including reimbursement for costs prepaid by Hippolabs, Inc. on your behalf such as the cost of physical payment terminals and/or the cost of data plans to power such physical payment terminals. Any funds collected by Hippolabs, Inc. will set off the amount owed by you to Hippolabs, Inc. and extinguish your obligation to Hippolabs, Inc.
•	Any amount due to a Vendor from a Customer which Hippolabs, Inc. collects as the Vendor’s payment collection agent as further set out in Section 4 above.
•	Taxes, where applicable and as set out in the Terms.
•	Any service fees imposed pursuant to the Terms.
•	Any amounts already paid to you as a Vendor despite a Customer requesting a refund on a settled transaction or Hippolabs, Inc. deciding that it is necessary to refund a transaction in accordance with the Terms. 

You agree that in the event you have already been paid, Hippolabs, Inc. will be entitled to recover the amount of any such customer refund from you, including by subtracting such refund amount out from any future Payouts due to you.

If you owe an amount at any time after a transaction (“Additional Amounts”), you hereby authorize and grant Hippolabs, Inc. a mandate to collect payments for such Additional Amounts by charging your Payment Method associated with the relevant transaction without any further action on your part. Hippolabs, Inc. will notify you in writing before any Additional Amounts are charged.

If your Payment Method associated with the relevant transaction is expired, invalid or otherwise not able to be charged for any reason (such as insufficient funds), you remain responsible for any uncollected amounts and Hippolabs, Inc. may charge the Payment Method related to your transaction again or use any other Payment Method on file associated with your Hippo account, if available, to collect such Additional Amounts. Any amount not collected for any reason will be subject to any remedies that may be available, including, but not limited to, referral to a collections agency, or pursuit of available causes of action or claims against you.

If Hippo has reason to believe that you as a Vendor participated in fraudulent activity, such as an overpayment scam, transaction fraud or other fraud, and Hippolabs, Inc. released the payout for such transaction, Hippolabs, Inc. may recoup from you such amount by reducing, setting off or debiting the amount from any future Payouts owed to you.

In addition to any amount due as outlined above, if there are amounts which you owe us but are unpaid or chargebacks associated with your Payment Method, you may be charged fees that are incidental to Hippolabs, Inc. collection of these amounts and chargebacks. Such fees or charges may include collection fees, convenience fees or other third-party charges.

3 Collections

3.1 If Hippolabs, Inc. is unable to collect any amounts you owe under the Terms and these Payments Terms, Hippolabs, Inc. may engage in collection efforts to recover such amounts from you.

3.2 Hippolabs, Inc. will deem any owed amounts overdue when: (a) for authorized charges, sixty (60) days have elapsed after Hippolabs, Inc. first attempts to charge your Payment Method or the associated services have been provided, whichever is later; and (b) for withholdings from a Vendor’s future Payouts, sixty (60) days have elapsed after the adjustment is made to the Vendor’s Hippo account or the associated services have been provided, whichever is later.

3.3 Hippolabs, Inc. will deem any overdue amounts not collected to be in default when one hundred and twenty (120) days have elapsed: (a) for authorized charges, after Hippolabs, Inc. first attempts to charge your Payment Method or the associated services have been provided, whichever is later; and (b) for withholdings from a Vendor’s future Payouts, after the adjustment is made to the Vendor’s Hippo account or the associated services have been provided, whichever is later.

3.4 You hereby explicitly agree that all communications in relation to amounts owed will be made by electronic mail or by phone, as provided to Hippo and/or Hippolabs, Inc. by you. Such communications may be made by Hippo, Hippolabs, Inc., or by anyone on their behalf, including but not limited to a third-party collection agent.

4 Payment Processing Errors

4.1 Hippolabs, Inc. will take the necessary steps to rectify any payment processing errors that we become aware of. These steps may include crediting or debiting (as appropriate) the original Payout Method or Payment Method used or selected by you, so that you end up receiving or paying the correct amount. This may be performed by Hippolabs, Inc. or a third party such as your financial institution. We may also take steps to recover funds sent to you in error (including but not limited to an event of duplicate payments made to you due to a processing error), by reducing, setting off and/or debiting the amount of such funds from any future Payouts owed to you.

4.2 To the extent you receive any funds in error, you agree to immediately return such funds to Hippolabs, Inc.

5 Refunds

5.1 Any refunds or credits due to a Customer pursuant to the Terms, will be initiated and remitted by Hippolabs, Inc. in accordance with these Payments Terms. Hippolabs, Inc. will initiate the refund process immediately.

Prohibited Activities

1 You are solely responsible for compliance with any and all laws, rules, regulations, and tax obligations that may apply to your use of the Payment Services. In connection with your use of the Payment Services, you may not, and you agree that you will not and will not assist or enable others to:

•	breach or circumvent any applicable laws or regulations
•	breach or circumvent any agreements with third parties, third-party rights, or the Terms
•	use the Payment Services for any commercial or other purposes that are not expressly permitted by these Payments Terms
•	register or use any Payment Method or Payout Method with your Hippo account that is not yours or you do not have authorization to use
•	avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Hippolabs, Inc. or any of Hippolabs, Inc.’s providers or any other third party to protect the Payment Services
•	take any action that damages or adversely affects, or could damage or adversely affect, the performance or proper functioning of the Payment Services
•	attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Payment Services
•	violate or infringe anyone else’s rights or otherwise cause harm to anyone

2 You may not use or assist others to use the Payment Services to send or receive funds: (i) into any United States embargoed countries; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals, the U.S. Department of Commerce’s Denied Persons List or Entity List, UK Sanctions List and HM Treasury Department Consolidated List, United Nations Consolidated List or European Union Consolidated List. 

Force Majeure

Hippolabs, Inc. shall not be liable for any delay or failure to fulfill any obligation under these Payments Terms resulting from causes outside the reasonable control of Hippolabs, Inc., including, but not limited to, acts of God, natural disasters, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, pandemics, epidemics or disease, strikes or shortages of transportation facilities, fuel, energy, labor or materials (“Force Majeure Event”).

Disclaimers

1 If you choose to use the Payment Services, you do so voluntarily and at your sole risk. To the maximum extent permitted by law, the Payment Services are provided “as is”, without warranty of any kind, either express or implied.

2 Notwithstanding Hippolabs, Inc.’s appointment as the limited payment collection agent of Vendors pursuant to Section 4, Hippolabs, Inc. explicitly disclaims all liability for any act or omission of any Member or other third party. Hippolabs, Inc. does not have any duties or obligations as agent for each Vendor except to the extent expressly set forth in these Payments Terms, and any additional duties or obligations as may be implied by law are, to the maximum extent permitted by applicable law, expressly excluded.

3 If we choose to conduct identity verification on any Member, to the extent permitted by applicable law, we disclaim warranties of any kind, either express or implied, that such checks will identify prior misconduct by a Member or guarantee that a Member will not engage in misconduct in the future.

4 The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights or warranties which cannot lawfully be excluded. However, the duration of any statutorily required warranties shall be limited to the maximum extent (if any) permitted by law.

Liability

1 If you permit or authorize another person to use your Hippo account in any way, you are responsible for the actions taken by that person. Neither Hippolabs, Inc. nor any other party involved in creating, producing, or delivering the Payment Services will be liable for any incidental, special, exemplary, or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Payments Terms, (ii) from the use of or inability to use the Payment Services, or (iii) from any communications, interactions, or meetings with other Members or other persons with whom you communicate, interact, transact, or meet with as a result of your use of the Payment Services, whether based on warranty, contract, tort (including negligence), product liability, or any other legal theory, and whether or not Hippolabs, Inc. has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. Except for our obligations to pay amounts to applicable Vendor pursuant to these Payments Terms or an approved payment request, in no event will Hippolabs, Inc.’s aggregate liability arising out of or in connection with these Payments Terms and your use of the Payment Services including, but not limited to, from your use of or inability to use the Payment Services, exceed (i) the amounts you have paid or owe for transactions via the Hippo Platform as a Customer in the twelve (12) month period prior to the event giving rise to the liability, or if you are a Vendor, the amounts paid by Hippolabs, Inc. to you in the twelve (12) month period prior to the event giving rise to the liability, or (ii) one hundred U.S. dollars (US$100), if no such payments have been made, as applicable. The limitations of damages set forth above are fundamental elements of the basis of the bargain between Hippolabs, Inc. and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you. 

Indemnification

To the maximum extent permitted by applicable law, you agree to release, defend (at Hippolabs, Inc.’s option), indemnify, and hold Hippolabs, Inc. and its affiliates and subsidiaries, and their officers, directors, employees, and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your breach of these Payments Terms; (ii) your improper use of the Payment Services; (iii) your failure, or our failure at your direction, to accurately report, collect or remit taxes; or (iv) your breach of any laws, regulations, or third-party rights. 

Modification, Term, Termination, and other Measures

1 Modification. When we propose changes to these Payments Terms, we will post the revised Payments Terms on the Hippo Platform and update the “Last Updated” date at the top of these Payments Terms. If the proposed changes to these Payments Terms are material, you will be asked to explicitly accept the revised Payments Terms. Such notice will also inform you about your right to reject the proposed changes, the timeframe to do so and your right to terminate this agreement at any time before the effective date of the proposed changes as provided in these Payments Terms. In case of (i) non-material changes to these Payments Terms which do not affect its essential provisions, in particular, provisions defining the nature and scope of the Payment Services provided by Hippolabs, Inc. or (ii) changes that are required by law, a legally binding court decision or binding order of a competent authority, your continued use of the Payment Services after the effective date of the proposed changes will constitute acceptance of the revised Payments Terms.

2 Term. This agreement between you and Hippolabs, Inc. reflected by these Payments Terms is effective when you create a Hippo account or use the Payment Services and remains in effect until either you or we terminate this agreement in accordance with Section 11.3.

3 Termination. You may terminate this agreement at any time by sending us an email or by deleting your Hippo account. Terminating this agreement will also serve as notice to cancel your Hippo account pursuant to the Terms. Without limiting our rights specified below, Hippolabs, Inc. may terminate this agreement for convenience at any time by giving you two (2) months’ prior notice. Hippolabs, Inc. may also terminate this agreement immediately without notice if (i) you have materially breached your obligations under this agreement; (ii) you have provided inaccurate, fraudulent, outdated, or incomplete information; (iii) you have violated applicable laws, regulations, or third-party rights; or (iv) Hippolabs, Inc. believes in good faith that such action is reasonably necessary to protect other Members, Hippo, Hippolabs, Inc., or third parties.

4 Suspension and Other Measures. Hippolabs, Inc. may limit or temporarily or permanently suspend your use of or access to the Payment Services (i) to comply with applicable law, or the order or request of a court, law enforcement, or other administrative agency or governmental body, (ii) if you have breached these Payments Terms, the Terms, applicable laws, regulations or third-party rights, (iii) if you have provided inaccurate, fraudulent, outdated, or incomplete information regarding a Payment Method or Payout Method, (iv) for any amounts you owe under these Payments Term that are overdue or in default, or (v) if Hippolabs, Inc. believes in good faith that such action is reasonably necessary to protect the personal safety or property of Hippo, its Members, Hippolabs, Inc., or third parties, or to prevent fraud or other illegal activity. Further, for unsuccessful payment due to card expiration, insufficient funds, or otherwise, we may temporarily suspend your access to the Payment Services until we can charge a valid Payment Method.

5 Appeal. If Hippolabs, Inc. takes any of the measures described in Section 11.3 and 11.4 you may appeal such a decision by contacting customer service.

6 Effect of Termination. If you cancel your Hippo account as a Vendor or Hippolabs, Inc. takes any of the measures described above, Hippolabs, Inc. may provide a full refund to any Customer with confirmed transactions, and you will not be entitled to any compensation for pending or confirmed transactions that were refunded. If you cancel your Hippo account as a Customer, Hippolabs, Inc. will initiate a refund for any confirmed transactions based on the Company’s discretion. If your access to or use of the Payment Services has been suspended or limited or this agreement has been terminated by us, you may not register a new Hippo account or attempt to access and use the Payment Services through a Hippo account of another Member.

7 Survival. Sections 5 through 14 of these Payments Terms shall survive any termination or expiration of this agreement.

United States Arbitration Agreement

1 Application. This Arbitration Agreement only applies to you if you are contracting with hippolabs, Inc. in the US. If you are not contracting with Hippolabs, Inc. in the US, and you nevertheless attempt to bring any legal claim against Hippolabs, Inc. in the United States, this Arbitration Agreement will apply for determination of the threshold issue of whether this Section 12 applies to you, and all other threshold determinations, including residency, arbitrability, venue, and applicable law.

2 Overview of Dispute Resolution Process. Hippolabs, Inc. is committed to participating in a consumer-friendly dispute resolution process. To that end, these Payments Terms provide for a two-part process for individuals to whom this Section 12 applies: (1) an informal negotiation directly with Hippolabs, Inc.’s customer service team (described in Section 12.3), and if necessary (2) a binding arbitration administered by the American Arbitration Association (“AAA”). You and Hippolabs, Inc. each retain the right to seek resolution of the dispute in small claims court as an alternative to arbitration.

3 Mandatory Pre-Arbitration Dispute Resolution and Notification. At least 30 days prior to initiating an arbitration, you and Hippolabs, Inc. each agree to notify the other party of the dispute in writing and attempt in good faith to negotiate an informal resolution. You must send your notice of dispute to Hippolabs, Inc. by mail. Hippolabs, Inc. will send its notice of dispute to the email address associated with your Hippo account. Notice of dispute must include: the party’s name and preferred contact information, a brief description of the dispute, and the relief sought. If the parties are unable to resolve the dispute within the 30-day period, only then may either party commence arbitration by filing a written Demand for Arbitration (available at www.adr.org) with the AAA and providing a copy to the other party as specified in the AAA Rules (available at www.adr.org).

4 Agreement to Arbitrate. You and Hippolabs, Inc. mutually agree that any dispute, claim or controversy arising out of or relating to these Payments Terms or the applicability, breach, termination, validity, enforcement or interpretation thereof, or any use of the Payment Services (collectively, “Disputes”) will be settled by binding individual arbitration (the “Arbitration Agreement”). If there is a dispute about whether this Arbitration Agreement can be enforced or applies to our Dispute, you and Hippolabs, Inc. agree that the arbitrator will decide that issue.

5 Exceptions to Arbitration Agreement. You and Hippolabs, Inc. each agree that the following causes of action and/or claims for relief are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction (as defined by Section 12): (i) any claim or cause of action seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack); (ii) a request for the remedy of public injunctive relief; or, (iii) any individual claim of sexual assault or sexual harassment arising from your use of the Hippo Platform or Vendor Services. You and Hippolabs, Inc. agree that the remedy of public injunctive relief will proceed after the arbitration of all arbitrable claims, remedies, or causes of action, and will be stayed pending the outcome of the arbitration pursuant to section 3 of the Federal Arbitration Act.

6 Arbitration Rules and Governing Law. This Arbitration Agreement evidences a transaction in interstate commerce and the Federal Arbitration Act governs all substantive and procedural interpretation and enforcement of this provision. The arbitration will be administered by the arbitrator in accordance with the Consumer Arbitration Rules and/or other AAA arbitration rules determined to be applicable by the AAA (the “AAA Rules”) then in effect, except as modified here. The AAA Rules are available at www.adr.org. In order to initiate arbitration, a completed written demand (available at www.adr.org) must be filed with the AAA and provided to the other party, as specified in the AAA rules.

7 Modification to AAA Rules - Arbitration Hearing/Location. Any required arbitration hearing will be conducted (a) at the location of Hippolabs, Inc.’s choice or (b) via phone or video conference. If the amount in controversy is $5,000 or less, the parties agree to proceed solely on the submission of documents to the arbitrator.

8 Modification of AAA Rules - Attorney’s Fees and Costs. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules. Either party may make a request that the arbitrator award attorneys’ fees and costs upon proving that the other party has asserted a claim, crossclaim or defense that is groundless in fact or law, brought in bad faith or for the purpose of harassment, or is otherwise frivolous, as allowed by applicable law and the AAA Rules.

9 Arbitrator’s Decision. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court with proper jurisdiction. The arbitrator may award any relief allowed by law or the AAA Rules, but declaratory or injunctive relief may be awarded only on an individual basis and only to the extent necessary to provide relief warranted by the claimant’s individual claim.

10 Jury Trial Waiver. You and Hippolabs, Inc. acknowledge and agree that we are each waiving the right to a trial by jury as to all arbitrable Disputes.

11 No Class Actions or Representative Proceedings. You and Hippolabs, Inc. acknowledge and agree that, to the fullest extent permitted by law, we are each waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney general action, or any other representative or consolidated proceeding. Unless we agree in writing, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding. If there is a final judicial determination that applicable law precludes enforcement of the waiver contained in this paragraph as to any claim, cause of action or requested remedy, then that claim, cause of action or requested remedy, and only that claim, cause of action or requested remedy, will be severed from this agreement to arbitrate and will be brought in a court of competent jurisdiction. In the event that a claim, cause of action or requested remedy is severed pursuant to this paragraph, then you and we agree that the claims, causes of action or requested remedies that are not subject to arbitration will be stayed until all arbitrable claims, causes of action and requested remedies are resolved by the arbitrator.

12 Severability. Except as provided in Section 12.11, in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision shall be severed and the remainder of the Arbitration Agreement will be given full force and effect.

13 Changes to Agreement to Arbitrate. If Hippolabs, Inc. changes this Section 12 after the date you last accepted these Payments Terms (or accepted any subsequent changes to these Payments Terms), you may reject that change by sending us written notice (including by email) within thirty (30) days of the date the change is effective. Rejecting a new change, however, does not revoke or alter your prior consent to any earlier agreements to arbitrate any Dispute between you and Hippolabs, Inc. (or your prior consent to any subsequent changes thereto), which will remain in effect and enforceable as to any Dispute between you and Hippolabs, Inc.

14 Survival. Except as provided in Section 12.12 and subject to Section 11.7, Section 12 will survive any termination of these Payments Terms and will continue to apply even if you stop using the Payment Services or terminate your Hippo account.

Miscellaneous

1 Interpreting these Payments Terms. Except as they may be supplemented by additional terms and conditions, policies, guidelines, or standards, these Payments Terms constitute the entire agreement between Hippolabs, Inc. and you regarding the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between Hippolabs, Inc. and you regarding the Payment Services. If any provision of these Payments Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.

2 No Waiver. Hippolabs, Inc.’s failure to enforce any right or provision in these Payments Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Payments Terms, the exercise by either party of any of its remedies under these Payments Terms will be without prejudice to its other remedies under these Payments Terms or otherwise permitted under law.

3 Assignment. You may not assign, transfer, or delegate this agreement or your rights and obligations hereunder without Hippolabs, Inc.’s prior written consent. Hippolabs, Inc. may without restriction assign, transfer, or delegate this agreement and any rights and obligations, at its sole discretion, with two (2) months’ prior notice.

4 Notices. Unless specified otherwise, any notices or other communications permitted or required under this agreement, will be in writing and given by Hippolabs, Inc. via email or Hippo Platform notification, and depending on your notification setting, messaging service (including SMS and WeChat). The date of receipt will be deemed the date on which Hippolabs, Inc. transmits the notice.

Contacting Hippolabs, Inc.
You may contact Hippolabs, Inc. regarding the Payment Services at hippo.menus@gmail.com. hggfgfgfgfgfgfgfgfg

Payment Terms

Get started now!