Updated 4 February 2025

These Terms of Service for Users (these “Terms”) concern the horse-riding booking system provided by Hopoti Software Oy (“we,” “us,” or “Hopoti”) and govern your use of the websites, applications, and other offerings from Hopoti that post or include a link to these Terms (collectively, the “Platform”). Users (“you”) may use the Platform to access, book or purchase certain products or services offered by third-party providers (“Sellers”) related to horses including horse riding, riding lessons, riding equipment, or any other products or services approved by Hopoti from time to time (“Seller Services”).
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PLEASE REVIEW THESE TERMS CAREFULLY. BY USING THE PLATFORM, YOU REPRESENT AND WARRANT THAT YOU HAVE READ, UNDERSTAND AND AGREE TO THESE TERMS, INCLUDING THEIR DISCLAIMERS AND LIMITATIONS OF LIABILITY, AND THAT YOU HAVE THE LEGAL CAPACITY TO ENTER INTO A BINDING AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, DO NOT USE THE PLATFORM.
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If you are under 18 years of age, you must obtain approval from your guardian before using the Platform and agreeing to these Terms. In addition to these Terms, you must also agree to any terms and conditions concerning the Seller Services. It is your responsibility to review all policies, rules and terms and conditions provided by Sellers.
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Hopoti reserves the right to make amendments to these Terms at any time in its sole discretion. Information regarding any essential amendments to these Terms will be transmitted via the Platform. All amendments will become valid on the date announced. By continuing to use the Platform after any amendments to the Terms have been made, you agree to observe the amended Terms.
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As the provider of the Platform, Hopoti does not own, control, offer or manage any Seller Services. Hopoti is not a party to any agreement between you and Sellers. Purchases made through the Platform for Seller Services are made directly with Seller and not with Hopoti.

Hopoti is in no way responsible for the services provided by Sellers. Each Seller is solely responsible for the nature and quality of the Seller Services, and for any receipts, delivery, support, refunds, returns, and for all other ancillary services provided to you. Complaints and requests related to these services must be sent directly to Seller. ​

The Platform may contain advertisements by third parties and other links to services and websites of third parties. Using these links will take you outside the Platform, and you will be redirected to a third-party service at your own risk. Hopoti is not responsible for such advertisements or third-party websites and services.
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Hopoti endeavours to develop the Platform and ensure minimum disruption to the Platform’s functionality. Hopoti reserves the right to edit or delete the content, structure, service hours of the Platform or its parts and other matters related to the Platform.
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Hopoti reserves the right to shut down the Platform temporarily or permanently or restrict access to the Platform. You must acquire the devices, software and data connections (e.g. mobile network and Internet connections) required to use the Platform and the related data protection and updates in accordance with the current compatibility requirements provided by Hopoti at your own expense. The use of devices, software and data/material that may cause disruptions is strictly forbidden.

Provided that you observe these Terms, Hopoti hereby grants you a limited, personal, revocable, non-exclusive, non-assignable, non-sublicensable and non-transferable right and license to use the Platform in accordance with the Terms. You may access the Platform via an access device (e.g. a computer or smartphone).

The following terms set restrictions on the access right:
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a) You are not allowed to in any way copy or edit the Platform and the material it contains (permanently or temporarily) in whole or in part for other purposes than using the Platform in accordance with the Terms. However, it is not prohibited to copy electronic material, if this is necessary for the purpose of reviewing the electronic material;
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b) You are not allowed to reverse engineer, modify, copy, repair or change the Platform or the material contained therein, create derivative works of the Platform or attempt to reverse engineer or access the software’s source code to a greater extent than authorized by law;
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c) You are not allowed to rent, sublicense, reassign or sell the Platform to a third party or grant a third party access or right of use to the Platform;
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d) You are not allowed to access without authority, interfere with, damage, or disrupt any part of our Platform or software or equipment or network on which the Platform is stored;

e) You are not allowed to attempt to gain unauthorized access to the Platform, the server on which the Platform is stored or any server, computer or database connected to the Platform; or use the Platform in any way that breaches any law or regulation;

f) You are not allowed to transmit data, send, introduce, or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware, malware, corrupted files, or any other harmful programs or similar computer code designed to adversely impact the operation of any computer software or hardware;

g) You are not allowed to attack the Platform via a denial-of-service attack or a distributed denial-of-service attack;

h) You are not allowed to use any robot, spider, or other automatic device, process, or means to access the Platform for any purpose, including monitoring or copying any of the material on the Platform;

i) You are not allowed to remove, cover or edit any copyright markings and trademarks within the Platform or the material contained therein. You are also not allowed to remove, cover or edit advertisements within the Platform;

j) You are not allowed to violate any intellectual property laws or the intellectual property, proprietary or personal rights of others, including, by way of example, and not as limitation, copyright or trademark laws (or rights of privacy or publicity);

k) You are not allowed to pretend to be someone else or use a pseudonym;

l) You are not allowed to engage in any actions that are defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable; or promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
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m) You are not allowed to violate the legal or privacy rights of others; and

n) You are not allowed to engage in any actions that are unlawful or fraudulent, or have any unlawful, fraudulent, or intentionally misleading purpose or effect or promote such activity.
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Usage of the Platform may require a personal user ID and password (“Login Credentials”). Hopoti reserves the right to make amendments to the Login Credentials or the requirements surrounding Login Credentials at any time, for example, if it is necessary due to reasons related to data security. Hopoti shall never store your password in an unencrypted format and, consequently, cannot provide you with your password. The ownership of the Login Credentials is retained by Hopoti.
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The Login Credentials must be stored carefully and may not be transferred or disclosed to a third party. You are responsible for the uses performed with your Login Credentials. You must inform us about the unauthorised use or attempted unauthorised use of your Login Credentials without undue delay.
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THE PLATFORM, INCLUDING ALL CONTENT THEREIN, IS PROVIDED BY HOPOTI ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HOPOTI DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITATION, HOPOTI DOES NOT REPRESENT OR WARRANT THAT: (I) THE CONTENT OR INFORMATION PROVIDED THROUGH THE PLATFORM ARE CORRECT, ACCURATE, OR RELIABLE; (II) ACCESS TO AND USE OF THE PLATFORM SHALL BE UNINTERRUPTED OR ERROR-FREE; OR (III) THE PLATFORM OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR DEFECTS OR THAT DEFECTS SHALL BE CORRECTED.

HOPOTI EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES RELATING TO (A) THE EXISTENCE, QUALITY, SAFETY, SUITABILITY, OR LEGALITY OF SELLER SERVICES, (B) THE TRUTH OR ACCURACY OF ANY SELLER-PROVIDED DATA OR CONTENT, AND (C) THE PERFORMANCE OR CONDUCT OF ANY SELLER. YOU SHOULD ALWAYS EXERCISE DUE DILIGENCE AND CARE WHEN DECIDING WHETHER TO COMMUNICATE, INTERACT WITH, AND ENGAGE IN ANY TRANSACTION WITH ANY SELLER.

YOUR USE OF AND ACCESS TO THE PLATFORM AND ANY CONTENT IS AT YOUR OWN RISK. IN NO EVENT SHALL HOPOTI OR ANY OF ITS PREDECESSORS, SUCCESSORS, PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, MEMBERS, MANAGERS, SHAREHOLDERS, INVESTORS, DONORS, EMPLOYEES, AGENTS, REPRESENTATIVES, ATTORNEYS AND THEIR RESPECTIVE HEIRS, SUCCESSORS AND ASSIGNS (THE “HOPOTI PARTIES”) BE LIABLE FOR LOST PROFITS OR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE ACCESS TO OR USE OF THE PLATFORM, ANY DELAY IN OR INABILITY TO USE THE PLATFORM, ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ADVERTISED IN OR OBTAINED THROUGH THE PLATFORM, OR OTHERWISE UNDER OR IN CONNECTION WITH THESE TERMS, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF THE HOPOTI PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THIS WAIVER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY RECORD.

YOU ACKNOWLEDGE THAT ACTIVITIES RELATED TO HORSES CARRY INHERENT RISKS AND YOU AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU ASSUME THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE PLATFORM. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR INVESTIGATING A SELLER AND THE SELLER SERVICES TO DETERMINE WHETHER IT SUITS YOU. FOR EXAMPLE, USE OF SELLER SERVICES MAY CARRY RISK OF ILLNESS, BODILY INJURY, DISABILITY, OR DEATH, AND YOU FREELY AND WILLFULLY ASSUME THOSE RISKS. YOU AGREE THAT HOPOTI CANNOT BE HELD LIABLE IF ILLNESS, INJURY, DISABILITY OR DEATH OCCURS TO YOU OR TO SOMEONE FOR WHOM YOU HAVE PURCHASED SELLER SERVICES DURING USE OF SELLER SERVICES. ANY WAIVER OF SELLER LIABILITY IN THIS REGARD SHALL BE HANDLED DIRECTLY WITH SELLER.

NOTWITHSTANDING THE FOREGOING, IF FOR ANY REASON ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY IS HELD UNENFORCEABLE, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE HOPOTI PARTIES EXCEED THE GREATER OF (A) THE AMOUNT OF THE FEE COLLECTED FROM YOU BY HOPOTI FOR YOUR USE OF THE PLATFORM DURING THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO SUCH CLAIM OR (B) $100. YOU ACKNOWLEDGE THAT, ABSENT YOUR AGREEMENT TO THIS LIMITATION OF LIABILITY, HOPOTI WOULD NOT ALLOW YOU TO ACCESS OR USE THE PLATFORM. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY.

You shall indemnify and hold harmless Hopoti from and against any and all claims, actions, suits, losses, liabilities, expenses, damages, and costs, including reasonable attorney fees and costs, made by any third party due to or arising out of: (i) your access to or use of the Platform; (ii) your actual or alleged breach of these Terms; or (iii) any infringement or misuse by you or any other user of the Platform using your computer or device of any intellectual property or any other right of any person or entity. You shall cooperate as fully as reasonably required in the defense of any such claim. Hopoti reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

The Platform may enable you to submit, post, upload, or otherwise make available (collectively, “Post”) certain content, such as details, posts, comments and images (collectively, “User Content”) that may or may not be viewable by other users. As between you and us, you own your User Content including any personal information therein, and you hereby grant Hopoti a worldwide, non-exclusive, perpetual, irrevocable, fully paid up, royalty-free, transferrable, sublicensable right and license to use, republish or disclose material uploaded or transmitted to the public areas of the Platform (such as Hopoti Feed, comment sections, and discussion forums) via the Platform by you in a modified or original form in whole or in part and/or attached to other material without reimbursement. Notwithstanding the foregoing, our use of your personal data shall be governed by our Privacy Policy.

You acknowledge and agree that all User Content that you Post is your sole responsibility. You represent and warrant that you are the owner of the User Content you Post to the Platform, and you acknowledge that you are responsible for ensuring that you have the required rights to Post or transmit such User Content without violation of any third-party rights.

User Content must comply with all applicable federal, state, local, and international laws and regulations and the use restrictions set forth in Section 3 of these Terms. You are responsible for the details and material transmitted to third parties via the Platform and for the accuracy and usage of the entered details.
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You acknowledge and agree that we may or may not, at our discretion, pre-screen User Content before its appearance on the Platform (but also that we do not assume any obligation to). You further acknowledge and agree that we reserve the right (but do not assume the obligation) in our sole discretion and in good faith to reject, move, edit or remove any User Content that is contributed to the Platform. Additionally, we have the right to remove any User Content that violates these Terms or is otherwise objectionable in our sole discretion. You acknowledge and agree that we do not verify, adopt, ratify, or sanction User Content, and you agree that you must evaluate and bear all risks associated with your use of User Content or your reliance on the accuracy, completeness, or usefulness of User Content.
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You are liable for all the expenses incurred by the data transfer and devices related to the use of the Platform.
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Hopoti reserves the right to use details generated by the use of the Platform for the purposes of guaranteeing the functionality of the Platform, correcting any faults, developing and modifying the Platform and fulfilling and exercising the obligations and rights in accordance with the Terms.
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Hopoti also reserves the right to use anonymous data generated by the use of the Platform for the purposes of business development and marketing. For example, we may use data in the Platform to create anonymous statistics regarding the usage of the Platform.
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Hopoti’s use of your data is subject to Hopoti’s Privacy Policy.
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The ownership and all intellectual property rights related to the Platform, the software and systems used to provide the Platform, the Platform’s appearance, material produced by Hopoti in the Platform and their copies, modifications, translations and derivative works belong to Hopoti or its licensors or service providers. Intellectual property rights refer to patents, inventions, trademarks, domain names, right to expertise, copyrights, rights related to copyright and all other intellectual property rights as defined by any legal system anywhere in the world, regardless of whether they have been registered or not, including all modification rights and right to transfer concerning all the matters specified above.
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You may stop using the Platform at any time by deleting your registration to the Platform or by notifying Hopoti by email at support@hopoti.com. Hopoti reserves the right to terminate your right of use to the Platform at any time by submitting a notification at least thirty (30) days before the termination.
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Hopoti reserves the right to terminate your right to use the Platform immediately in the event of a material breach of the Terms on your behalf.
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Terms related to ownership and intellectual property rights, limitations of liability, applicable law and disputes shall remain valid even in the event that the use of the Platform or the right of use to the Platform are terminated. Other terms that need to remain valid due to their nature shall also remain valid.

If you are located outside of the U.S., these Terms are governed by Finnish laws, excluding the rules concerning the conflict of laws. If any disputes related to these Terms cannot be resolved in negotiations between the parties, you may refer the matter to the Consumer Disputes Board by contacting the Consumer Advisory Services (https://www.kkv.fi/en/consumer-advice/). If a dispute is to be solved by a court, the claim must be made in the Finnish District Court in the jurisdiction of which your domicile or principal place of residence is located, unless you want to make a claim in the District Court in the jurisdiction of which the service provider’s domicile is located.
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Except as provided below, all matters relating to the Platform and these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New York, without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Platform shall be instituted exclusively in the federal courts of the United States or the courts of the State of New York. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts for purposes of these Terms only.

U.S. USERS: PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

13.1 Application. You and we agree that these Terms affect interstate commerce and that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions. This section entitled “Mandatory Arbitration and Class Action Waiver for U.S. Users” is intended to be interpreted broadly and governs any and all disputes between you and us, except as provided in this section. Any and all disputes may include, but are not limited to: (i) claims arising out of or relating to any aspect of the relationship between you and us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; (ii) claims that arose before these Terms or any prior agreement; and (iii) claims that may arise after the termination of these Terms.

13.2 Initial dispute resolution. Most disputes can be resolved without resorting to arbitration. If you have any dispute with us, you agree that you will try to resolve your dispute with us before taking any formal action by contacting us by email at support@hopoti.com. When you contact us, you must provide a brief, written description of the dispute and your contact information. Except for intellectual property and small claims court claims (see the subsection entitled “Exception” below), you and we agree to use good faith efforts to resolve any dispute, claim, question, or disagreement directly through consultation with each other. You and we agree to engage in good faith discussions before initiating a lawsuit or arbitration and understand that good faith discussions are a precondition of initiating a lawsuit or arbitration.

13.3 Binding arbitration. If we do not reach an agreed-upon solution within a period of sixty (60) days from the time informal dispute resolution is initiated under the subsection entitled Initial Dispute Resolution above, then either party may initiate binding arbitration as the sole means to resolve claims (except as provided in the subsection entitled “Exception” below). Specifically, all claims arising out of or relating to these Terms (including the Terms’ formation, performance, and breach), the parties’ relationship with each other and your use of the Platform shall be finally settled by binding arbitration administered by JAMS in accordance with either: (i) the JAMS Streamlined Arbitration Procedure Rules, for claims that do not exceed $250,000; or (ii) the JAMS Comprehensive Arbitration Rules and Procedures, for claims exceeding $250,000. The JAMS rules and procedures just identified shall be those in effect at the time the arbitration is initiated (not the “Updated” date of these Terms), excluding any rules or procedures governing or permitting class actions. Contact information for JAMS, as well as copies of the JAMS rules and applicable forms, are available at www.jamsadr.com.

13.4 Arbitrator’s powers. The arbitrator (and not any federal, state, or local court or agency) shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms. Such disputes may include, but are not limited to, any claim that all or any part of these Terms is void or voidable, whether a claim is subject to arbitration, or the question of waiver by litigation conduct. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written and shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.

13.5 Filing a demand. To start an arbitration, you must do all three of the following: (i) write a Demand for Arbitration that includes a description of the claim and the amount of damages you seek to recover (you may find a copy of a Demand for Arbitration form at www.jamsadr.com); (ii) send three copies of the Demand for Arbitration, plus the appropriate filing fee, to JAMS; and (iii) send one copy of the Demand for Arbitration to us at: support@hopoti.com.

When you initiate arbitration against us, you are required to pay up to $250 of the filing fee to initiate arbitration. To the extent the filing fee for the arbitration exceeds that amount, we will pay the additional cost. If the arbitrator finds the arbitration to be non-frivolous, we will pay the fees invoiced by JAMS, including filing fees and arbitrator and hearing expenses. You are responsible for your own attorneys’ fees unless the arbitration rules and/or applicable law provide otherwise.

The parties understand that, absent this mandatory arbitration provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court. Arbitration shall take place in New York County, New York, and you and we agree to submit to the personal jurisdiction of any federal or state court in the State of New York in order to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

13.6 Class action waiver. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. This means that you and we expressly waive any rights to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this subsection entitled “Class Action Waiver” is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provisions set forth above shall be deemed null and void in their entirety and the parties shall be deemed to have not agreed to arbitrate disputes.

13.7 Exception: litigation of intellectual property and small claims court claims.

Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring enforcement actions, validity determinations or claims arising from or relating to theft, piracy, or unauthorized use of intellectual property in state or federal court with jurisdiction or in the U.S. Patent and Trademark Office to protect its intellectual property rights. For purposes of this section entitled “Mandatory Arbitration and Class Action Waiver for U.S. Users,” “intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets—but does not include privacy or publicity rights. Either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction. You and we agree that to the extent that either party has a good faith belief that a dispute falls within the jurisdiction of the small claims court in the U.S. county (or parish) of your residence, either party may elect to have such dispute adjudicated in such small claims court. Such election can be made by either party even after the other party initiates an arbitration. In such case, the party that initiated the arbitration agrees to dismiss or suspend the arbitration and seek to resolve the dispute in small claims court. You and we agree that in the situation where an arbitration is already initiated and one party invokes the small claims court option, any dispute regarding whether the dispute is properly within the jurisdiction of a small claims court shall be resolved by the small claims court in the first instance (unless the small claims court is unwilling to do so) and not the arbitrator or JAMS.

13.8 30-day right to opt out. You have the right to opt out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt out to Hopoti Software Oy, Merikatu 6, FI-26200, Rauma, Finland; or to support@hopoti.com. Your written notice must have the subject line, “ARBITRATION AND CLASS ACTION WAIVER OPT-OUT.” The notice must be sent within thirty (30) days of (i) 4 February 2025 or (ii) your first date that you used the Platform, whichever is later. Otherwise, you shall be bound to arbitrate disputes in accordance with this section entitled “Mandatory Arbitration and Class Action Waiver for U.S. Users.” If you opt out of these arbitration provisions, we also will not be bound by them.

13.9 Changes to this section. We will provide thirty (30) days’ notice of any material changes to this section entitled “Mandatory Arbitration and Class Action Waiver for U.S. Users” by posting a notice on the Platform or informing you via email and complying with any other applicable legal notice or consent requirements. Amendments will become effective thirty (30) days after they are posted on the Platform or sent to you by email. Changes to this section entitled “Mandatory Arbitration and Class Action Waiver for U.S. Users” will otherwise apply prospectively only to claims arising after the thirtieth (30th) day. If a court or arbitrator decides that this subsection entitled “Changes to This Section” is not enforceable or valid, then this subsection will be deemed to be severed from the Section entitled “Mandatory Arbitration and Class Action Waiver for U.S. Users.” If this happens, the court or arbitrator shall apply the first Mandatory Arbitration and Class Action Waiver for U.S. Users section or similar section in existence after you began using the Platform.

Hopoti is not responsible for any delays, errors or damages caused by forces beyond Hopoti’s reasonable control that cannot reasonably be considered to have been possibly anticipated by Hopoti at the time of entering the agreement and the consequences of which Hopoti cannot have reasonably avoided or overcome. Such forces may include, but are not limited to, natural disasters, abnormal climatic events, fires, earthquakes, acts of terrorism, discontinuation of electricity supply, disruptions in the Internet or other public network traffic or data communications, cyber attacks, strikes, industrial action or orders made by competent authorities. Industrial action is also considered as force majeure when Hopoti is the target of or participating in such action. Any cases of force majeure affecting subcontractors are also considered as force majeure.
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These Terms represent Hopoti’s and your entire understanding relating to the use of the Platform and (i) include any additional agreements entered into between you and Hopoti under or in reference to these Terms, including, without limitation, the Hopoti Plus Subscription Agreement, and (ii) in the event of a conflict between these Terms and any other agreement entered into between you and Hopoti, these Terms shall control.
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Any notifications regarding the Platform must be made in writing, for example, via email or in the Platform per instructions provided by Hopoti. Hopoti may validly submit notifications to you in the Platform. You must report any changes regarding your contact details to Hopoti without undue delay.

You are not allowed to transfer your right of use to a third party without an advance written authorisation by Hopoti. Hopoti reserves the right to transfer the Platform and its provision and these Terms and the rights and obligations contained therein to any third party without your consent.

Hopoti is the controller of your personal data with regard to the Platform. Hopoti shall disclose your personal data to Sellers insofar as necessary for the provision of the Platform. Hopoti shall process your personal data in accordance with the General Data Protection Regulation and the applicable legislation. Hopoti’s Privacy Policy can be found here.

By using the Platform, you agree to the below consent regarding the use of certain health data you may provide. Hopoti’s use of such data is subject to Hopoti’s Privacy Policy.

You acknowledge that your health data may be essential for the purpose of horse riding, and you agree to provide the data that may be essential for the purpose of determining a service suitable for you through the Platform (e.g. reduced mobility).
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​You accept that Hopoti and Sellers providing Seller Services may process the health data provided by you through the Platform for the purposes mentioned above. Hopoti may disclose any such data to Seller providing Seller Services to you.
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You accept that Hopoti and Sellers providing Seller Services may process the data related to your horse-riding skill level provided by you through the Platform for the purpose of selecting a suitable service for you. Hopoti may disclose any such data to a Seller providing Seller Services to me.
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You accept that Hopoti may send you electronic marketing material regarding the services provided by Hopoti’s partners.

You have the right to withdraw your consent at any time.