HOPN Terms of Service
Effective Date: July 27, 2026
Last Updated: July 29, 2026
PLEASE READ THESE TERMS CAREFULLY. SECTION 18 CONTAINS A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. UNLESS YOU TIMELY OPT OUT, YOU AND HOPN AGREE TO RESOLVE MOST DISPUTES THROUGH INDIVIDUAL ARBITRATION AND WAIVE THE RIGHT TO A JURY TRIAL OR CLASS ACTION, SUBJECT TO THE EXCEPTIONS IN SECTION 18.
1. Agreement and Acceptance
These Terms of Service (the "Terms") are a binding agreement between you and HOPN LLC, a Virginia limited liability company ("HOPN," "we," "us," or "our"). They govern access to and use of the HOPN mobile application, website, and related products and services (collectively, the "Service").
Our Privacy Policy explains how HOPN handles personal information and is incorporated into these Terms where applicable. Additional feature notices, safety instructions, contest rules, or written terms may apply to specific features and become part of these Terms when presented to you.
You accept these Terms when you create an account, select a button or checkbox indicating agreement, or otherwise access or use the Service after being presented with these Terms. If you do not agree, do not create an account or use the Service.
If you use the Service on behalf of an organization, you represent that you are authorized to bind that organization, and references to "you" include the organization where appropriate.
2. Eligibility
You may use the Service only if you:
- Are at least 18 years old
- Have legal capacity to enter into a binding agreement
- Are not prohibited from using the Service under applicable law
- Are not subject to sanctions or trade restrictions that prohibit the transaction
You represent that the date of birth and other eligibility information you provide is accurate. HOPN may suspend or terminate an account if we reasonably believe the user is under 18 or otherwise ineligible.
3. Accounts and Security
You agree to:
- Provide accurate, current, and complete registration information
- Provide a profile photo during onboarding and keep it appropriate under these Terms
- Keep account information reasonably current
- Protect your password, device, authentication credentials, and account access
- Promptly notify support@hopn.app if you suspect unauthorized access
- Accept responsibility for activity performed through your account to the extent permitted by law
You may not create an account for another person without permission, impersonate another person, sell or transfer an account, evade a suspension, or create multiple accounts for abuse, manipulation, or deception.
HOPN supports email/password authentication and may support Sign in with Apple and Google Sign-In. Your use of a third-party sign-in service is also subject to that provider's terms.
If you use contact discovery or invitations, you agree to access and invite only people you are permitted to contact and not to use the feature for spam, harassment, scraping, or account enumeration. HOPN may limit contact-matching requests to protect users and the Service.
4. The Service
HOPN is a social nightlife and trip-recording service. Features may include:
- GPS trip recording, routes, stops, venue history, step counts, trip summaries, and Hop Maps
- Live, last-confirmed-stop, or hidden map visibility
- Pouches, planned Pouches, invitations, member location modes, realtime chat, and Pouch coordination
- A social feed with posts, threads, replies, reposts, quotes, hashtags, mentions, tags, photos, polls, and reactions
- Profiles, follows, private accounts, blocks, reports, notifications, and search
- Hop Score, streaks, badges, leaderboards, and venue milestones
- AI-generated Morning Recaps and sharing tools
- Safety-oriented features such as Flare, Pouch Ping, reminders, and automatic trip or Pouch ending
- Business accounts, business profiles, and events published by approved business accounts
Features may change, be limited by location or device, or be introduced, suspended, or discontinued. HOPN does not guarantee that every feature will always be available.
4A. Business Accounts and Events
You may apply for a business account to promote a business, venue, or event through HOPN. Approval is at HOPN's discretion, and HOPN may decline, limit, suspend, or revoke business-account status at any time.
If you apply for or hold a business account:
- You represent that you are authorized to act for the business you identify, and that the business name, category, description, address, phone number, website, and social-media handles you submit are accurate and lawful
- You are responsible for each event you publish, including its accuracy, timing, location, age restrictions, licensing, permits, capacity, safety, and compliance with applicable law and venue rules
- You may publish events only for a business or venue you are authorized to represent, and only using content you have the rights to use, including cover images
- Your business profile, event listings, and cover images are public content, visible to HOPN users on the map and elsewhere in the Service
- You may not publish false, misleading, expired, or duplicate events, events that promote underage drinking or dangerous consumption of alcohol or drugs, or events at a location you do not have permission to use
- Section 7 continues to apply in full, including its prohibition on advertising, solicitation, and commercial messaging outside the business profile and event features HOPN has approved for you
HOPN does not verify, endorse, sponsor, or guarantee any business, venue, or event listed through the Service, and does not guarantee attendance, placement, visibility, or any promotional result. HOPN may decline, edit, unpublish, or remove any event or business profile, and routinely removes events that have ended.
An event listing is not a ticket, reservation, contract, or guarantee of admission. Your dealings with a business, venue, or event organizer are between you and them.
5. License to Use HOPN
Subject to these Terms, HOPN grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, and revocable license to install and use the Service on devices you own or control for lawful use. Personal accounts are licensed for personal, non-commercial use. A business account HOPN has approved under Section 4A may additionally use the Service to publish events and promote the business or venue identified in its application, subject to these Terms and any business-account terms HOPN presents.
Except where applicable law prohibits the restriction, you may not:
- Copy, modify, distribute, sell, lease, sublicense, or commercially exploit the Service, except as Section 4A expressly permits for an approved business account
- Reverse engineer, decompile, disassemble, or attempt to derive source code
- Bypass technical, privacy, authentication, rate-limit, or security controls
- Use scraping, bots, crawlers, or automated data-collection tools without written permission
- Access the Service through interfaces HOPN has not provided or authorized
- Use HOPN data to build a competing location, social, venue, advertising, analytics, or data-broker product
- Use Service data to train or improve an artificial-intelligence or machine-learning model without HOPN's written permission and all legally required permissions from affected users
- Remove proprietary notices or misrepresent an affiliation with HOPN
HOPN and its licensors retain all rights in the Service not expressly granted to you.
6. User Content
6.1 What User Content Includes
"User Content" means content you submit, create, transmit, or make available through the Service, including profile information, posts, threads, replies, reposts, quotes, captions, hashtags, mentions, tags, photos, trip and Pouch descriptions, check-ins, venue corrections, Pouch chat, poll content, reactions, reports, feedback, and content incorporated into a Morning Recap.
6.2 Ownership
As between you and HOPN, you retain ownership of your User Content. HOPN does not claim ownership merely because you submit it to the Service.
6.3 License Needed to Operate the Service
When you submit User Content, you grant HOPN a worldwide, non-exclusive, royalty-free, transferable, and sublicensable license to host, store, reproduce, process, adapt for technical formatting, transmit, display, distribute, and otherwise use that content only as reasonably necessary to:
- Operate and provide the Service according to your settings and actions
- Create requested features, including feeds, trip summaries, share cards, notifications, and Morning Recaps
- Maintain, secure, troubleshoot, and improve the Service
- Investigate reports, enforce these Terms, and protect users and others
- Comply with law and valid legal process
This license ends when the content is deleted from HOPN's active systems, except to the extent continued processing is reasonably necessary for backups, legal holds, safety or enforcement records, content another user independently saved or reshared, or other purposes described in the Privacy Policy.
This license does not authorize HOPN to place identifiable User Content in external advertising or marketing materials without separate permission. It also does not authorize HOPN to train a general-purpose foundation model on private User Content without additional notice and any consent required by law.
6.4 Visibility, Copies, and Resharing
You direct HOPN to disclose User Content according to the audience and feature you select. Public content may be available to HOPN users beyond your followers. Followers-only, Pouch, tagged, or otherwise restricted content is shared with the audience indicated by the feature, subject to blocks and privacy rules.
Other people may screenshot, download, copy, quote, or reshare content. HOPN cannot control or delete copies held outside the Service. Removing content or changing a privacy setting may not remove copies already received or created by others.
Media files you upload are served from web addresses that are not individually access-controlled. Anyone who obtains a file's direct address may be able to view it regardless of the audience you selected. See the Privacy Policy for details.
6.5 Your Responsibilities for User Content
You represent and warrant that:
- You own or have the rights and permissions necessary to submit the User Content and grant the license above
- Your User Content and HOPN's authorized use of it do not infringe intellectual-property, privacy, publicity, confidentiality, contractual, or other rights
- You have an appropriate basis to share identifiable images, private information, or location information concerning another person
- Your User Content complies with these Terms and applicable law
Do not post another person's live location, home address, sensitive personal information, intimate imagery, or private communications without appropriate permission.
6.6 Photo Metadata
HOPN re-encodes uploaded images in a process designed to omit source metadata such as embedded GPS and camera details. Visible content, captions, venue tags, and other context may still reveal where or when an image was created. HOPN does not guarantee that every file or copy outside HOPN is free of metadata.
7. Community and Acceptable Use Rules
You may not use the Service to engage in, encourage, coordinate, or facilitate the conduct below.
7.1 Safety, Harassment, and Privacy Violations
- Stalking, monitoring, locating, surveilling, ambushing, threatening, harassing, intimidating, bullying, or harming another person
- Tracking or sharing another person's live, historical, inferred, or home location without their knowledge and appropriate permission
- Doxxing or exposing private or sensitive information, including home address, credentials, financial information, identity documents, medical information, or private communications
- Sexual harassment, exploitation, grooming, coercion, sextortion, trafficking, or unwanted sexual content
- Sharing non-consensual intimate imagery, including manipulated or AI-generated intimate imagery
- Impersonation, deceptive identity practices, or account compromise
- Encouraging suicide, self-harm, eating disorders, or dangerous challenges
7.2 Prohibited Content and Transactions
You may not submit content or conduct transactions that:
- Are unlawful, fraudulent, defamatory, threatening, hateful, discriminatory, obscene, pornographic, or materially abusive
- Sexually exploit or endanger any person under 18, or depict a minor in a sexualized or inappropriate context
- Promote or facilitate terrorism, violent extremism, human trafficking, violence, illegal weapons transactions, illegal drugs, prostitution, or other serious crime
- Promote underage drinking, driving under the influence, reckless driving, or dangerous consumption of alcohol or drugs
- Facilitate scams, phishing, spam, fake engagement, market manipulation, or deceptive commercial activity
- Infringe intellectual-property or proprietary rights
- Contain malware, malicious code, credential theft, or instructions designed to compromise systems or accounts
- Contain materially false check-ins, trips, Pouches, safety alerts, reports, identities, or manipulated media presented deceptively
7.3 Misuse of HOPN
You may not:
- Interfere with, disrupt, overload, or damage the Service
- Probe, scan, exploit, or test vulnerabilities without written authorization
- Circumvent privacy settings, blocks, suspensions, moderation, access controls, or rate limits
- Harvest location, profile, social-graph, venue, or content data
- Use HOPN for advertising, solicitation, or commercial messaging, except through the business profile and event features HOPN has approved for your account under Section 4A
- Manipulate Hop Score, polls, reactions, follows, reports, recommendations, or other Service metrics
- File knowingly false reports or misuse safety tools to harass or locate another person
- Violate a venue's lawful rules or use HOPN to interfere with venue operations
7.4 Enforcement
HOPN may investigate suspected violations and take proportionate action, including reducing distribution, removing content, limiting features, preserving evidence, issuing warnings, suspending or terminating accounts, or referring matters to appropriate authorities. Severe or repeated violations may result in immediate termination.
HOPN may consider context, severity, credible risk, history, and applicable law. HOPN is not required to take identical action in every case.
8. Location, Maps, and Privacy Controls
8.1 Recording Location
When a trip or Pouch is active, HOPN may record precise location in the foreground and background, depending on device permissions. Location may be used to construct your complete route record, calculate distance and duration, detect stops, match venues, generate Recaps, operate maps, and support auto-end and safety features.
Map suppression is not the same as collection. A location hidden from another user's live map may still be recorded in the underlying route and processed by HOPN. Depending on trip visibility, that processed route may later be shared with the selected trip audience. You are responsible for ending trips when you no longer want active-trip recording and for managing device permissions.
8.2 Sharing Location
HOPN's account-level social-map modes currently include:
- Live Sharing: may show real-time location to mutual followers during an active trip
- Check In Only: hides real-time movement but may show an eligible confirmed stop from an active trip for up to approximately eight hours
- Don't Share: prevents appearance on the social map while HOPN continues processing location needed for your own active trip
Pouch members may separately choose Pouch visibility modes that permit live, stop-level, or no location sharing with authorized Pouch members. Trip visibility separately controls who may see a processed trip route, stops, timing, photos, and statistics.
You must not use any map, route, check-in, post, or other HOPN information to stalk, surveil, infer a home, facilitate harm, or violate another person's privacy.
8.3 Accuracy and Availability
Location, venue, and map information may be delayed, stale, incomplete, or inaccurate because of device hardware, permissions, battery state, network conditions, indoor environments, satellite availability, user settings, and third-party data. A pin does not prove that a person is currently present, safe, available, or participating in an activity.
You are solely responsible for decisions made based on map or location information.
9. Pouches and Chat
Pouches are user-created groups for coordinating an outing. A Pouch leader does not become an employer, agent, guardian, emergency responder, fiduciary, or guarantor of another member's safety merely by creating or leading a Pouch. Members remain responsible for their own conduct, transportation, choices, and safety.
Pouch chat is not end-to-end encrypted. HOPN and its providers can process chat to deliver the feature, generate eligible Morning Recaps, investigate reports, enforce these Terms, protect safety, and comply with law. Do not send information you are not comfortable entrusting to HOPN and the authorized Pouch audience.
10. AI-Generated Morning Recaps
HOPN uses an artificial-intelligence service provider to generate Morning Recaps from eligible trip and Pouch information. Inputs may include names, trip or Pouch descriptions, stops, venue names, timing, movement, statistics, selected Pouch messages, eligible post captions, and aggregate photo signals, as further described in the Privacy Policy.
AI-generated content may be inaccurate, incomplete, offensive, unexpected, repetitive, or inconsistent with what actually occurred. A Morning Recap is entertainment, not an authoritative record, safety assessment, professional advice, evidence of a person's location, or a substitute for contacting a person or emergency services.
You may share a Recap using HOPN's tools, subject to the rights of people whose User Content or identity appears in it. You must not present a generated Recap as verified fact when doing so would be deceptive or harmful.
11. Safety Features and Assumption of Risk
Social outings, nightlife, alcohol consumption, travel between venues, interaction with strangers, and sharing location involve inherent risks, including injury, illness, assault, theft, stalking, property loss, and death.
You acknowledge that:
- HOPN does not control users, venues, staff, patrons, transportation providers, or other third parties
- HOPN does not conduct background checks and does not guarantee identity, character, intent, sobriety, or safety
- Flare, Pouch Ping, location sharing, last-seen pins, passive stop detection, reminders, and auto-end features are conveniences only
- HOPN does not continuously monitor these features, guarantee that a message or notification is delivered or seen, or dispatch emergency assistance
- A missing, stale, or inaccurate location does not establish that someone is safe or unsafe
- You are responsible for your own safety, decisions, transportation, alcohol consumption, and interactions
- You should never drive under the influence of alcohol or drugs
In an emergency, call 911 or the appropriate local emergency service. Do not rely on HOPN to request, coordinate, or provide emergency assistance.
To the fullest extent permitted by law, you voluntarily assume risks inherent in the activities you undertake in connection with the Service.
12. Content Moderation, Reports, and Appeals
HOPN does not pre-screen all User Content and is not obligated to monitor every interaction. HOPN may use automated systems, user reports, and human review to detect or evaluate possible violations.
Images attached to posts are submitted to an automated classifier before publication, and an image the classifier flags is not published and is deleted from HOPN storage. Screening is imperfect and is not guaranteed: it may reject an image these Terms permit or allow an image that violates them. If the classification service is briefly unreachable, an image may publish without being screened; if that service is unavailable to HOPN for a longer period, images are refused until it can be used again, which means an image may be declined for reasons unrelated to the image itself. Automated screening does not replace reporting; you may request review of a rejection as described below.
To report content or conduct, use available in-app reporting controls or email support@hopn.app. Reports should be truthful and include information reasonably needed to locate and evaluate the issue. HOPN may preserve the reported content and surrounding context.
HOPN has no tolerance for objectionable content or abusive behavior. Reports of objectionable content are handled on a faster track than general support: HOPN acts on them within 24 hours of receipt. Acting on a report means reviewing it and taking the action HOPN considers appropriate — content that violates these Terms is removed, and the account responsible may be suspended or removed from HOPN. Acting within 24 hours does not guarantee that every report results in removal, and it does not extend to reports that are not about objectionable content.
We generally do not disclose a reporter's identity to the reported user, although information may be disclosed when required by law or necessary to address a credible safety issue.
Where HOPN offers an appeal or where applicable law requires one, you may request review of an account or content decision by emailing support@hopn.app with the subject "Moderation Appeal." Include the account, content, decision, and reason you believe review is appropriate. An appeal does not guarantee reversal.
HOPN is a provider of an interactive computer service for purposes of 47 U.S.C. § 230 to the extent that law applies. Nothing in these Terms creates an obligation to publish, distribute, recommend, or retain User Content.
13. Copyright and DMCA
HOPN respects intellectual-property rights. If you believe material on the Service infringes copyright, send a written notice to HOPN's designated agent containing:
- A physical or electronic signature of the copyright owner or authorized agent
- Identification of the copyrighted work or a representative list of works
- Identification and location of the allegedly infringing material
- Your name, mailing address, telephone number, and email address
- A statement that you have a good-faith belief the disputed use is not authorized by the copyright owner, its agent, or law
- A statement under penalty of perjury that the notice is accurate and that you are the owner or authorized to act for the owner
Send notices to:
DMCA Designated Agent
HOPN LLC
Attn: Copyright Agent
1908 Kentsdale Lane
Vienna, Virginia 22182, United States
Telephone: (571) 442-6693
Email: dmca@hopn.app
HOPN's designated agent is registered with the United States Copyright Office and listed in its Designated Agent Directory.
HOPN may remove or disable access to material in response to a valid notice and may notify the affected user.
HOPN has adopted a policy of terminating, in appropriate circumstances, the accounts of users who are repeat infringers. HOPN records copyright notices it receives against the account that submitted the material, and an account that is the subject of repeated valid notices may be suspended or terminated. HOPN may also terminate an account at any time for a single severe or willful infringement.
If you believe material was removed by mistake or misidentification, you may send a counter-notification containing:
- Your physical or electronic signature
- Identification of the removed material and its prior location
- A statement under penalty of perjury that you have a good-faith belief the material was removed or disabled by mistake or misidentification
- Your name, address, telephone number, and consent to jurisdiction of the appropriate U.S. federal district court, together with acceptance of service from the original complainant or their agent
HOPN may restore material in accordance with applicable law unless the complaining party timely notifies HOPN that it has filed an action seeking a court order.
14. Venues, Maps, and Third-Party Services
HOPN does not own, operate, control, endorse, or guarantee venues. Venue names, categories, coordinates, hours, availability, descriptions, and other information may be supplied by users or third-party providers and may be inaccurate or outdated. HOPN is not responsible for venue services, rules, staff, patrons, safety, legality, accessibility, pricing, or conduct.
The Service may use or link to Apple, Google, map providers, sign-in providers, sharing destinations, transportation services, or other third parties. Your relationship with a third party is governed by that party's terms and privacy notice. HOPN is not responsible for third-party services or actions.
15. HOPN Intellectual Property and Feedback
The Service, including software, designs, graphics, trademarks, text supplied by HOPN, and non-user databases and compilations, is owned by HOPN or its licensors and protected by law.
If you voluntarily provide suggestions or feedback, you grant HOPN a perpetual, irrevocable, worldwide, royalty-free right to use it without restriction or compensation, provided this does not grant HOPN ownership of User Content submitted through ordinary Service features.
16. Disclaimers
TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." HOPN AND ITS OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AGENTS, AFFILIATES, LICENSORS, AND SERVICE PROVIDERS (THE "HOPN PARTIES") DISCLAIM ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, AND WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE.
THE HOPN PARTIES DO NOT WARRANT THAT THE SERVICE WILL BE ACCURATE, RELIABLE, COMPLETE, CURRENT, AVAILABLE, SECURE, UNINTERRUPTED, OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT USER, LOCATION, VENUE, SAFETY, AI-GENERATED, OR OTHER INFORMATION WILL BE ACCURATE OR APPROPRIATE FOR YOUR PURPOSE.
SOME JURISDICTIONS DO NOT ALLOW CERTAIN DISCLAIMERS, SO SOME OF THIS SECTION MAY NOT APPLY TO YOU.
17. Limitation of Liability and Indemnification
17.1 Excluded Damages
TO THE FULLEST EXTENT PERMITTED BY LAW, THE HOPN PARTIES WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING FROM OR RELATING TO THE SERVICE OR THESE TERMS, UNDER ANY LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY.
17.2 Liability Cap
TO THE FULLEST EXTENT PERMITTED BY LAW, THE HOPN PARTIES' TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID HOPN DURING THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM OR (B) $100.
Nothing limits liability that cannot lawfully be excluded, including liability for fraud, gross negligence, willful misconduct, or personal injury caused by conduct where applicable law prohibits limitation.
17.3 Indemnification
To the extent permitted by law, you agree to indemnify, defend, and hold harmless the HOPN Parties from third-party claims, liabilities, damages, losses, and reasonable costs arising from your User Content, misuse of the Service, violation of these Terms or law, or violation of another person's rights.
HOPN may assume control of the defense at its expense, in which case you will reasonably cooperate. You may not settle a covered claim in a manner that imposes liability or obligations on a HOPN Party without HOPN's written consent.
18. Dispute Resolution; Arbitration; Class Action Waiver
THIS SECTION AFFECTS LEGAL RIGHTS. PLEASE READ IT CAREFULLY.
18.1 Informal Resolution
Before starting arbitration or litigation, the claimant must send an individualized written notice describing the dispute, relevant account information, supporting facts, and requested relief to legal@hopn.app. The parties will attempt in good faith to resolve the dispute for 60 days after receipt. A limitations period is tolled during that 60-day period to the extent permitted by law.
18.2 Agreement to Arbitrate
Except for disputes listed in Section 18.5 or disputes that cannot lawfully be arbitrated, you and HOPN agree that disputes arising from or relating to these Terms, the Privacy Policy, the Service, or the relationship between you and HOPN will be resolved by final and binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules and, where applicable, Mass Arbitration Supplementary Rules.
The Federal Arbitration Act governs interpretation and enforcement of this arbitration agreement. A single arbitrator may award the same individualized remedies a court could award. Questions about whether a particular claim must be arbitrated will be decided as provided by applicable law and the AAA rules.
18.3 Format, Location, and Fees
Arbitration may occur by documents, telephone, video, or in person, consistent with the AAA rules and the arbitrator's direction. Any in-person hearing will occur at a location reasonably convenient to you unless the parties agree otherwise.
Fees will be allocated under the AAA Consumer Arbitration Rules. HOPN will pay fees it is required to pay under those rules and applicable law. Each party bears its own attorneys' fees unless a statute or the arbitrator authorizes a fee award.
18.4 Class and Jury Trial Waiver
YOU AND HOPN AGREE TO BRING CLAIMS ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION. TO THE FULLEST EXTENT PERMITTED BY LAW, THE ARBITRATOR MAY NOT CONSOLIDATE CLAIMS OF DIFFERENT PEOPLE OR PRESIDE OVER A REPRESENTATIVE PROCEEDING. YOU AND HOPN WAIVE THE RIGHT TO A JURY TRIAL.
18.5 Exceptions
Either party may:
- Bring an eligible individual claim in any small-claims court with jurisdiction, as long as it remains individual
- Seek temporary or preliminary injunctive relief in court to prevent actual or threatened infringement, misappropriation, or violation of intellectual-property rights, pending final resolution
- Bring a claim that applicable law prohibits from being arbitrated
18.6 Coordinated or Mass Filings
If 25 or more substantially similar notices or arbitration demands are submitted against HOPN by the same or coordinated counsel or organizations, the claims will proceed under applicable AAA mass-arbitration procedures. The parties will cooperate in good faith regarding staging, batching, bellwether, mediation, or other procedures directed or permitted by AAA. This provision does not authorize class arbitration or eliminate any claimant's right to an individual determination.
18.7 30-Day Opt-Out
You may opt out of Sections 18.2 through 18.6 by emailing legal@hopn.app within 30 days after you first accept these Terms. The notice must include your full name, the email associated with your account, and a clear statement that you opt out of arbitration. Opting out does not affect the remaining Terms or any arbitration agreement you separately accepted and did not timely opt out of.
18.8 Severability and Survival
If part of this Section is unenforceable, it will be severed and the remainder enforced to the fullest extent permitted by law, except that if the class-action waiver is unenforceable for a particular claim, that claim will proceed in court after arbitrable claims are completed. This Section survives termination of your account and these Terms.
19. Termination and Account Deletion
19.1 By You
You may stop using HOPN at any time. You may delete your account through Settings. Once confirmed and successfully processed, account deletion is immediate and cannot be undone. Data is deleted or de-identified as described in the Privacy Policy.
You must end an active Pouch you lead before your account can be deleted, so other members are not stranded in an active group. A deletion request made while you are leading an active Pouch is refused until the Pouch ends.
19.2 By HOPN
HOPN may restrict, suspend, or terminate access if we reasonably believe you violated these Terms, created safety or security risk, exposed HOPN or others to liability, engaged in fraud or illegal conduct, or if suspension is required by law. HOPN may also discontinue the Service.
Where appropriate and legally required, HOPN will provide notice or an opportunity to appeal. HOPN may act without prior notice in urgent, severe, fraudulent, or legally restricted circumstances.
19.3 Effect
Upon termination, your license ends and you must stop using the Service. Provisions that by their nature should survive will survive, including those concerning User Content licenses needed for retained copies, intellectual property, disclaimers, liability, indemnification, disputes, and general terms.
20. Changes to the Service or Terms
HOPN may update the Service and these Terms. We will post revised Terms with an updated date. For material changes, we will provide reasonable advance notice through the Service, email, or another appropriate method.
If a material change requires renewed agreement, HOPN may ask you to affirmatively accept the revised Terms before continuing to use the Service. Changes will not retroactively alter dispute rights where prohibited by law. If you do not agree to revised Terms, stop using the Service and delete your account.
21. Governing Law and Courts
Except to the extent applicable law provides otherwise, these Terms are governed by the laws of the Commonwealth of Virginia, without regard to conflict-of-law rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
Subject to Section 18, disputes not required to be arbitrated will be brought in a state or federal court with jurisdiction in Virginia, except that consumers may bring claims in another forum where applicable law gives them a non-waivable right to do so.
22. Apple App Store Terms
If you downloaded HOPN through Apple's App Store, you acknowledge that:
- These Terms are between you and HOPN, not Apple Inc. ("Apple")
- HOPN, not Apple, is responsible for the Service, its content, maintenance, support, and claims relating to it
- Your license is limited to use on Apple-branded products you own or control as permitted by the Apple Media Services Terms and Conditions, including permitted Family Sharing or volume-purchase use
- If the application fails to conform to an applicable warranty, you may notify Apple and Apple may refund the purchase price, if any; to the maximum extent permitted by law, Apple has no other warranty obligation
- HOPN, not Apple, is responsible for addressing product-liability, regulatory, consumer-protection, and intellectual-property claims relating to the application
- You will comply with applicable third-party terms when using the application
- Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you
23. General Terms
23.1 Entire Agreement
These Terms, the Privacy Policy, and additional terms expressly incorporated by reference are the entire agreement concerning the Service and supersede prior agreements on the same subject.
23.2 Severability
Except as provided in Section 18, if a provision is unenforceable, it will be enforced to the maximum lawful extent and the remainder will continue in effect.
23.3 No Waiver
Failure to enforce a provision is not a waiver.
23.4 Assignment
You may not assign these Terms without HOPN's written consent. HOPN may assign them in connection with a merger, acquisition, financing, reorganization, sale of assets, or by operation of law.
23.5 Force Majeure
HOPN is not responsible for delay or failure caused by events beyond its reasonable control, including natural disasters, war, terrorism, civil unrest, labor disputes, internet or utility failures, provider outages, governmental action, epidemics, or similar events.
23.6 Electronic Communications
You consent to receive notices electronically through the Service or at the email associated with your account. Electronic notices satisfy legal writing requirements to the extent permitted by law.
23.7 Relationship
These Terms do not create a partnership, employment, agency, joint venture, fiduciary, guardianship, or emergency-response relationship.
23.8 Export and Sanctions
You may not use or export the Service in violation of U.S. export-control or sanctions laws.
23.9 Headings
Headings are for convenience and do not affect interpretation.
24. Contact
HOPN LLC
Attn: Legal
Arlington, Virginia, United States
Email: legal@hopn.app
Support: support@hopn.app
Privacy: privacy@hopn.app
Copyright: dmca@hopn.app