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Hopoti Plus Subscription Agreement
Hopoti Plus Subscription Agreement
Updated over 2 years ago

These terms and conditions apply to users who purchase a Hopoti Plus subscription.

Updated 1 January 2023

1. Scope

This Hopoti Plus subscription agreement (the "Agreement", "Terms") applies to the Hopoti Plus subscription offered by Hopoti Software Oy.

The Hopoti Plus subscription ("Hopoti Plus", "subscription", "service") contains content, services and functionalities belonging only to Hopoti Plus subscribers on the Hopoti.com website.

In these terms, "You" is the user of the service. Hopoti Software Oy is "we" or "Hopoti" in these terms.

Please read this subscription agreement ("Agreement", "Terms") carefully. In order to activate a Plus subscription, you must be a registered Hopoti user and also accept the "Terms of Service for Users".

You accept these Terms of the subscription agreement by means of a separate checkbox when purchasing a subscription or by using another acceptance mechanism common to the industry and confirm the agreement by using Hopoti Plus. If you do not accept these Terms in full, you will not be able to purchase a Plus subscription.

Hopoti has the right to change these Terms. Material changes to the Terms will be notified through the service at least thirty (30) days prior to the changes. The changes will enter into force on the date announced. By continuing to use the service after the Terms have been changed, you agree to be bound by the changed Terms.

2. Terms and conditions of the subscription

a) Purchasing a subscription

You can purchase a Hopoti Plus subscription on our website Hopoti.com and in certain third-party services or stores.

When subscribing, you choose a more specific subscription type, such as a monthly subscription, annual subscription, or gift card.

If you are logged in to the Hopoti.com website when purchasing a subscription, Hopoti Plus subscription will be activated immediately to the user account to which you are logged in. Subscription activation means combining a Hopoti Plus subscription with a Hopoti user account.

If you are not logged in to the Hopoti.com website or if you visit a third-party service or store, you can purchase a Hopoti Plus subscription as a gift card. The gift card can be activated during its validity period for any user account on the Hopoti.com website.

You are responsible for your own Hopoti.com username and understand that you can manage your Hopoti Plus subscription only if you have logged in to Hopoti.com username activated to the subscription.

You agree not to impersonate any other person or to provide false information, including not to use another person's username, password or other account information or the name or likeness of another person, or to provide false information. You agree that we may take steps to ensure the accuracy of the information you provide.

You agree to immediately notify us of any unauthorized access, use or assignment of the Hopoti Plus subscription. Hopoti is not liable for any damages arising from unauthorized use of your account.

b) Paying for the subscription

Hopoti.com subscriptions purchased through the website use Stripe Payments Europe Ltd. ("Stripe") as the payment intermediary, which processes the payments and whose conditions may apply. Subscriptions placed through third parties may also be subject to the payment services and terms and conditions set by those third parties.

Stripe stores your payment information, such as your payment card number and expiry date, in its archives. You are responsible for keeping your payment information up to date by changing the information as necessary. If your information changes or is about to expire, we may, to the extent permitted by applicable law, obtain or receive updated payment information from your payment service provider, including your card number, expiration date and CVV code or equivalent. This allows us to continue to provide you with access to Hopoti Plus. You authorize us to continue to charge subscription fees to your card using updated information.

If the payment cannot be successfully confirmed due to card expiration, insufficient funds or other reasons, we may suspend or terminate the subscription by notifying you. You also agree that if your payment method is in Stripe's archives, we may charge the payment method of your choice if you decide to restart your Hopoti Plus subscription, unless you specify an alternative payment method when you start your subscription again.

You can check the payment information stored in Stripe's archive, as well as the subscriptions purchased with receipts and other additional information about your Hopoti Plus subscription, by visiting www.hopoti.com/plus. Log in to the user account for which you have activated the subscription. Press "View, edit or cancel subscriptions" to go to the subscription portal where this information is displayed.

c) Subscription and auto-renew

If you chose the Hopoti Plus subscription to be activated immediately, it includes enrolment in the continuous or periodic payment plan of your choice, such as a monthly or annual subscription.

Your subscription will automatically renew at the end of the stated billing period, unless cancelled in accordance with the cancellation instructions below.

The payment will be charged to the payment method of your choice at the time of purchase confirmation and at the beginning of each new billing period, unless cancelled.

We reserve the right to change our pricing and notify you of any price change thirty (30) days in advance. If you do not want to accept the price change, you can cancel your subscription. If you do not cancel your subscription after the price change has taken effect and before the start of your new subscription period, your subscription will be renewed at the price in effect at the time of renewal without your separate action and you authorize us to charge these amounts to your chosen payment method.

You are responsible for all third-party internet fees and any other charges in connection with your use of Hopoti Plus.

d) Free trials

Your Hopoti Plus subscription can start with a free trial. The availability of a free trial is not guaranteed and if it is available, it is only available to those who have not previously used Hopoti Plus.

The first payment will be charged to the payment method of your choice immediately after the end of the free trial period, unless you cancel the subscription by following the cancellation instructions below.

You can cancel your subscription at any time before the end of your free trial. We provide notice of the terms and conditions of the free trial when you subscribe, but you will not receive a separate notification that your free trial period is about to expire or has expired, or that your paid subscription has begun.

e) Cancellation and refund policy

You can cancel your activated Hopoti Plus subscription at any time before the end of the current billing period or free trial period. The cancellation will take effect at the end of the billing period or free trial period.

To cancel your Hopoti Plus subscription, go to www.hopoti.com/plus and log in to the user account for which you have activated the subscription. Press "View, edit or cancel subscriptions" to go to the subscription portal, where you can confirm the cancellation of the subscription.

The cancellation will take effect after the end of the current billing period or your free trial period, and you will still be able to use Hopoti Plus until the billing period ends.

We do not refund or give back subscription fees for partially used billing periods.

You have the legal right to cancel your Hopoti Plus subscription or gift card purchase within fourteen (14) days from the date you originally purchased the subscription. You can exercise your right of withdrawal by sending a request to support@hopoti.com address, which request includes information about the termination of your subscription, the date of the subscription, the name of the subscriber and the subscriber's email address. To verify the request, an e-mail must be sent from the address at which the subscription was purchased. However, you acknowledge that by activating Hopoti Plus, you accept the immediate activation of digital content, services and functionalities, and if you start using them, you lose your right to cancel Hopoti Plus.

f) Subscription purchased through third parties

If you purchase a Hopoti Plus subscription or gift card through a third party, any terms and conditions set by the third party will also apply to that subscription.

The terms and conditions of the Hopoti Plus subscription agreement regarding the purchase, billing, cancellation, refunds and payment of a subscription do not apply to that subscription to the extent that the Hopoti Plus subscription agreement is in conflict with the applicable third party terms and conditions.

For subscriptions purchased through a third party, the billing relationship is established directly between you and that third party.

We can offer Hopoti Plus as part of a package subscription with other subscription options, including subscriptions for third-party products and services. Subscriptions, products and services of third parties are subject to the terms and conditions provided by those third parties.

3. Content of subscription

a) License

Hopoti grants you a limited, personal, non-transferable, non-assignable, revocable, non-exclusive and non-sublicensable right, in accordance with the terms and conditions of the Hopoti Plus subscription agreement, to the content, services and functionalities marked on the Hopoti.com website for Plus subscribers and presented at www.hopoti.com/plus.

The purpose of the Hopoti Plus subscription is to provide riders, such as customers of riding schools and horse owners, with access to content, services and functionalities that support their riding hobby.

The content of the subscription may vary by region or based on the choices you make, such as the display language or your consents.

The subscription includes informing about current matters of Hopoti Plus in the service and through other contact channels indicated in the service. Newsletters may contain commercial content such as advertisements, advertising links or collaborative content. Electronic direct marketing will only be sent to you if you have given your voluntary consent to electronic direct marketing. You can withdraw your consent easily and at any time directly in the service, by using the links in the e-mail or by notifying support@hopoti.com by e-mail. The receipt of newsletters outside the service is voluntary, and each message includes the possibility to cancel the notification.

b) Limitations

You accept that, subject to the terms of the license, you agree not to:

  1. circumvent or hinder content protection measures;

  2. re-upload, transfer, distribute or present Hopoti Plus content that is available only to Hopoti Plus subscribers;

  3. use Hopoti Plus for commercial or business purposes;

  4. share your usernames; or

  5. allow third parties to violate or breach the above restrictions.

Hopoti has the right to change or remove content, structure, service hours or other aspects of the service at any time without notice. Hopoti also has the right to permanently or temporarily close or suspend access to the service.

You understand and agree that the content, service and functionalities you receive through Hopoti Plus are for informational and entertainment purposes only. Hopoti Plus content does not constitute legal, financial, professional, medical, veterinary or health advice or diagnosis and cannot be used for such purposes.

The service or service announcements may contain third-party advertisements, or links to third-party sites or services. Hopoti is not responsible for such advertisements or third-party sites and services.

Hardware, software and telecommunications connections necessary to use the service (such as connections to a mobile network and the Internet) are not included in the service.

Hopoti is not responsible for the suitability of the service for your purposes and delivers the service as it is and does not give any warranty and is not responsible for ensuring that the use of the service is uninterrupted or error-free.

4. Suspension and termination of a subscription

You agree that Hopoti may, in its sole discretion and without giving you prior notice or any liability to you, to the extent permitted by applicable laws, restrict, suspend or terminate your access to Hopoti Plus or any part thereof and Hopoti Plus content if:

  1. Hopoti believes that you are using or have used Hopoti Plus in a manner that materially violates the Hopoti Plus subscription agreement or applicable law or regulations, or in any other way than intended therein and in violation of other instructions or requirements applicable to them;

  2. it is required due to a request by law enforcement or other government authorities;

  3. unexpected technical problems face Hopoti Plus; or

  4. Hopoti reasonably believes that your Hopoti.com username or Hopoti Plus subscription has been fraudulently established, your Hopoti Plus account has been fraudulently accessed or your Hopoti.com user account is being used to commit fraud or for purposes other than those for which it is intended and in violation of the related restrictions.

Upon termination of your Hopoti.com user account or Hopoti Plus subscription, either by Hopoti or at your request (other than when cancelling your subscription, in which case your subscription will continue until the end of the billing period), you will immediately lose the right to access Hopoti Plus.

You agree that upon termination of the agreement, Hopoti's rights to the material you produce will remain valid. Hopoti has the right, if it so determines, to destroy all data concerning you and the material you have produced and submitted to Hopoti Plus. Hopoti is not obliged to provide you with such material, but you are responsible for the necessary backups of your own material.

5. Other terms and conditions

You acknowledge that Hopoti Software Oy, as the provider of the Hopoti Plus service, is the data controller and is responsible for the processing of your personal data in accordance with this subscription agreement, the “Terms of Service for Users" agreement and the "Privacy Policy" appendix, the EU General Data Protection Regulation and applicable legislation.

These Terms shall be governed by the laws of Finland without regard to its conflict of law provisions. These Terms do not limit the consumer's rights under mandatory legislation. If disputes related to these Terms cannot be resolved through negotiations between the parties, you can refer the matter to the Consumer Disputes Board by contacting the Consumer Advisory Services (https://www.kkv.fi/kuluttajaneuvonta/). If the dispute is brought before a court, the action must be filed in a district court located in Finland, in the jurisdiction of which you are domiciled or habitually resident, unless you wish to bring an action in a district court in whose jurisdiction the domicile of the service provider is domiciled.

Hopoti shall not be liable for delays, errors or damages caused by an impediment beyond Hopoti's reasonable control, which Hopoti cannot reasonably be expected to have taken into account at the time of the commitment and the consequences of which Hopoti could not reasonably have avoided or overcome. Such impediments include, for example, natural disasters, abnormal weather conditions, fires, earthquakes, terrorist acts, power or line outages, disruptions in Internet or other public network or telecommunications, information security attacks, strikes, industrial action or official orders. Industrial action is also considered force majeure when Hopoti is itself the target or a participant in it. Similar force majeure situations that have occurred to subcontractors are also considered force majeure.

Hopoti shall not be liable for any direct, indirect, or consequential damages or damages arising from the use or inability to use Hopoti Plus or material in the service or from these Terms, regardless of whether the damages are based on contract, infringement of rights, negligence or other grounds, even if Hopoti would have been announced in advance of the possibility of such damages. Hopoti is also not responsible for any errors, omissions or delays in the information contained in Hopoti Plus. Hopoti is not responsible for the deletion, loss or modification of any of your materials or for backing up such material. This section shall be applied to the maximum extent permitted by applicable law. These Terms do not limit Hopoti's liability if the damage was caused intentionally or by gross negligence, or for death or personal injury, to the extent that applicable law would prevent such limitation, or for other liabilities that may not be limited or excluded under applicable law.

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