Terms of Service
Effective as of August 15, 2022
- hippolabs, Inc. Terms of Service
- Welcome to Hippo. hippolabs, Inc. and/or its affiliates ("hippo") provide features and services to you when you use Hippo or software provided by Hippo in connection with any of the foregoing (collectively, "Hippo Services"). Hippo provides the Hippo Services subject to the following conditions.
- By using Hippo Services, you agree to these conditions. Please read them carefully.
- These terms are in English and may at times be translated into other languages. In the event of a conflict between these English terms and a translated version, the English language terms will control.
- The most recent date of update of these terms is August 15th, 2022.
- PRIVACY
- Please review our Privacy Notice, which also governs your use of Hippo Services, to understand our practices.
- ELECTRONIC COMMUNICATIONS
- When you use Hippo, or send e-mails, text messages, and other communications from your desktop or mobile device to Hippo, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you in a variety of ways, such as by e-mail, text, or in-app push notices. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
- COPYRIGHT
- When you use Hippo, or send e-mails, text messages, and other communications from your desktop or mobile device to Hippo, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you in a variety of ways, such as by e-mail, text, or in-app push notices. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
- TRADEMARKS
- Graphics, logos, page headers, button icons, scripts, and service names included in or made available through Hippo are trademarks or trade dress of Hippo in the U.S. and other countries. Hippo’s trademarks and trade dress may not be used in connection with any product or service that is not Hippo’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Hippo. All other trademarks not owned by Hippo that appear in any Hippo Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Hippo.
- PATENTS
- Hippo may apply for certain patents. Please contact us for questions about Hippo’s patents and licenses.
- LICENSE AND ACCESS
- Hippo may apply for certain patents. Please contact us for questions about Hippo’s patents and licenses.
- YOUR ACCOUNT
- If you use any Hippo Service, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer and mobile device, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use the Hippo Services only with involvement of a parent or guardian. Alcohol listings on Hippo are intended for adults. You must be at least 21 years of age to purchase alcohol or use any app functionality related to the purchase of alcohol. Hippo reserves the right to refuse service, terminate accounts, or remove or edit content in its sole discretion.
- RETURNS, REFUNDS, and CHARGEBACKS
- Hippo serves as an intermediary between an end customer (“User”) and a vendor (“Establishment”). All purchases made with Hippo are agreements between the User and the Establishment. If the User seeks a refund or cancellation of an order the User must speak directly with the management or representative of the Establishment. If a User disputes a transaction (chargeback), or is issued a refund, the funds will be recouped from the Establishment. Hippo reserves the right to accept or fight any chargebacks on behalf of the Establishment. All chargebacks, whether won or lost, will incur a fee.
- DECLINES
- In the event a User's credit or debit card is declined, the tab will enter a "pending" state. The User's account will be frozen until the debt is settled. If the tab remains in a pending state for more than 30 days, the Establishment may contact info@hippomenu.com to recoup the funds.
- DESCRIPTIONS
- In the event a User's credit or debit card is declined, the tab will enter a "pending" state. The User's account will be frozen until the debt is settled. If the tab remains in a pending state for more than 30 days, the Establishment may contact info@hippomenu.com to recoup the funds.
- PRICING
- All food and beverage prices on Hippo are created by the Establishment. Where discounts are offered through Hippo, Hippo cannot verify the accuracy of any advertised “full price” of any item.
- SMARTTIP & CONVENIENCE FEE
- By using the Hippo application to order food and/or drinks, you are agreeing to pay Hippo’s platform service fee presented at time of purchase. The platform service fee cost amounts are subject to change without notice or warning.
- AGE & OVER SERVICE VERIFICATION
- It is the sole responsibility of the Establishment to verify the Hippo User's age. It is also the sole responsibility of the Establishment to ensure that the User is not being over served alcohol if available on the menu and ordered by the User. Hippo, nor its affiliates, will not be held liable for any damages arising from underage or over service from the Establishment. If a User has placed an order through the Hippo service, and is underage, or too inebriated to receive the drink, it is the Establishment's responsibility to refuse the service. Users that are underage or too inebriated to order will not receive their order and WILL NOT be refunded.
- In the event there is a dispute between the customer (User) and Hippo, Hippo may request to see any video evidence/tapes the Establishment may have recorded. It will be at the discretion of the Establishment to release the recorded video to Hippo.
- DIGITAL MENUS
- Establishments utilizing Hippo’s digital menus understand and agree that this is an experimental service and adequate terms have not been established. Payment processing and subscriptions are handled by Stripe and all matters related to payment processing will be bound by Stripes terms of service. Hippo and or its affiliates will not be held liable for anything whatsoever arising from use of the digital menu service.
- APP PERMISSIONS
- When you use any app created by Hippo, you may grant certain permissions to us for your device. Most mobile devices provide you with information about these permissions.
- SERVICE TERMINATION
- If the Establishment decides to discontinue the Hippo service at their venue, it is required that they give Hippo a minimum of 14 days notice before doing so. This ensures that Hippo has appropriate time to disable the service for the Establishment and doesn't cause confusion for the Users. Failure to provide written notice 14 days in advance may result in damages sought after by Hippo against the Establishment for any harm caused to Hippo’s reputation by the Establishment for not offering the service to the Users.
- OTHER BUSINESSES
- Parties other than Hippo operate stores, restaurants, bars, food trucks, provide services, or sell product lines through the Hippo Services. In addition, we may from time to time provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. Hippo does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
- DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
- THE HIPPO SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE HIPPO SERVICES ARE PROVIDED BY HIPPO ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. HIPPO MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE HIPPO SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE HIPPO SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE HIPPO SERVICES IS AT YOUR SOLE RISK.
- TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, HIPPO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. HIPPO DOES NOT WARRANT THAT THE HIPPO SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE HIPPO SERVICES, HIPPO’s SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM HIPPO ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. HIPPO WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY HIPPO SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY HIPPO SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
- CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
- DISPUTES
- Any dispute or claim relating in any way to your use of any Hippo Service will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
- There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.
- To begin an arbitration proceeding, you may file a claim online at www.adr.org, or by emailing casefiling@adr.org. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules.
- To begin an arbitration proceeding, you may file a claim online at www.adr.org, or by emailing casefiling@adr.org. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules.
- APPLICABLE LAW
- By using any Hippo Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Delaware, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and hippolabs, Inc.
- SUBPOENAS
- If you have a subpoena to serve on Hippo, please note that Hippo does not accept service via e-mail or fax and will not respond to the subpoena. All subpoenas must be properly served on Hippo, preferably by mailing the subpoena to the following address:
- 204 W. 106TH ST. APT. 6 NEW YORK, NY 10025
- NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
- If you believe that your work has been copied in a way that constitutes copyright infringement, please submit your complaint to us by mailing us at the address above.
- ADDITIONAL HIPPO SOFTWARE TERMS
- Use of the Hippo Software. You may use Hippo Software solely for purposes of enabling you to use and enjoy the Hippo Services as provided by Hippo, and as permitted by the Conditions of Use, these Software Terms, and any Service Terms. You may not incorporate any portion of the Hippo Software into your own programs or compile any portion of it in combination with your own programs, transfer it for use with another service, or sell, rent, lease, lend, loan, distribute or sub-license the Hippo Software or otherwise assign any rights to the Hippo Software in whole or in part. You may not use the Hippo Software for any illegal purpose. We may cease providing any Hippo Software and we may terminate your right to use any Hippo Software at any time. Your rights to use the Hippo Software will automatically terminate without notice from us if you fail to comply with any of these Software Terms, the Conditions of Use or any other Service Terms. Additional third-party terms contained within or distributed with certain Hippo Software that are specifically identified in related documentation may apply to that Hippo Software (or software incorporated with the Hippo Software) and will govern the use of such software in the event of a conflict with these Conditions of Use. All software used in any Hippo Service is the property of Hippo or its software suppliers and protected by United States and international copyright laws.
- Use of Third-Party Services. When you use the Hippo Software, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile platform provider. Your use of these third-party services may be subject to the separate policies, terms of use, and fees of these third parties.
- No Reverse Engineering. You may not, and you will not encourage, assist, or authorize any other person to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with, the Hippo Software, whether in whole or in part, or create any derivative works from or of the Hippo Software.
- Updates. In order to keep the Hippo Software up to date, we may offer automatic or manual updates at any time and without notice to you.