Terms of Service

Last Updated: June 12, 2019

Welcome to Hopscotch’s Terms of Service (“TOS”). Please read these Terms of Service carefully, as they contain the legal terms and conditions that govern your use, subscription and access of the Service.

This Agreement (the “Agreement” or “TOS”) is between Blue Fidelity Inc. (“Hopscotch”) and the Customer as applicable. You are the “Customer” under this Agreement if you by clicking or tapping on a button indicating your acceptance of this Agreement, by executing a document that references this Agreement, or by using the Services. If you are an organization, the individual who agrees to this Agreement on your behalf must have the authority to bind you to this Agreement.

  1. Services
    1. Our Services. “Services” means our websites, such as hopscotch.social (and all its current and future subdomains), applications, and any services that you access or purchase through our websites or applications, but do not include Third-Party services that you access or use in connection with our services.
    2. Permission to Use. Subject to your complete and ongoing compliance with the TOS, Hopscotch grants you limited, non-transferable, non-sublicensable, revocable permission to access and use the Service for your personal, internal use during the Term at the level of service for which you have paid all applicable fees.
    3. Third Party Features. Our Services interact with Social Networks and other Third-Party services and depend on the availability of those services and the features and functionality they make available to us, which we do not control and may change without notice. If at any time a service stops making some or all of its features or functionality available to us, or available to us on reasonable terms as determined by Hopscotch in its sole discretion, we may stop providing access to those features or functionality and we will not be liable to you or any third party for any such change.
    4. Third Party Terms. Hopscotch provides tools through the Service that enable you to import and export information, including User Content, to and from third party services, including through features that allow you to link your account on Hopscotch with an account on a third party social network service. By using one of these tools, you agree that Hopscotch may transfer that information to and from the applicable third party service. Third party services are not under Hopscotch’s control, and Hopscotch is not responsible for any third party service’s use of your exported information. The Service may also contain links to third party websites. Linked websites are not under Hopscotch’s control, and Hopscotch is not responsible for their content.
    5. Support Services. Hopscotch may need to access your account in order to deliver support and customer services.
    6. Changes to Services. Hopscotch continually changes and improves the Services. The Customer’s use of any new features and functionality added to the Services may be subject to additional or different terms relating to such new features and functionality. Hopscotch may alter or remove functionality from the Services at any time, such as by changing, adding or removing features, for any reason. We may or may not provide notice of those changes to you. We will not be liable to you or any third party for the modification, price change, suspension or discontinuance of any of our Services. Hopscotch will inform the Customer of any additional or different terms as set out in Section 8.1.
    7. Suspension of Services. Hopscotch may limit or suspend the Services from time to time at our discretion (for example, to perform scheduled maintenance). If Hopscotch limits or suspends the Services, we will endeavor to give the Customer reasonable advance notice so that the Customer can plan around it. However, there may be some situations, such as security emergencies, where it may not be practicable for Hopscotch to give advance notice. Hopscotch will use commercially reasonable efforts to narrow the scope and duration of the suspension or limitation as is needed to resolve the issue that prompted such action.
    8. Third Party Services. If the Customer uses any third party service with the Services (including services which use any application programming interface (API) provided by Hopscotch), the Customer acknowledges that the service may access or use the customer’s information. Hopscotch will not be responsible for any act or omission of the third party, including such third party’s use of the customer’s information. Hopscotch does not warrant or support any such third party service, and the Customer should contact that third party for any issues arising from the Customer’s use of the third party service.
  2. Customer obligations
    1. Acceptable Use Rules. Subject to the rest of this Agreement, we will allow you and your Authorized Users to access and use our Services in the way set out in the plan you subscribed to. You may not use or access the Services in any other way, such as using robots, spiders, crawlers and scraping technologies. You and any Authorized Users using your account must comply with the Acceptable Use Rules and all laws. If we reasonably believe that you have breached the Acceptable Use Rules or any applicable law, we may, at any time and without notice, remove any of your Content and suspend, restrict or terminate your account or your access to the Services.
    2. Eligibility. You must be at least eighteen (18) years of age to use the Service. By agreeing to the TOS, you represent and warrant to us that: (a) you are at least eighteen (18) years of age; (b) you have not previously been suspended or removed from the Service; and (c) your registration and your use of the Service is in compliance with any and all applicable laws and regulations. If you are an entity, organization, or company, the individual accepting the TOS on your behalf represents and warrants that they have authority to bind you to the TOS and references to you herein (and all of your obligations hereunder) will refer to such entity and any individual using the Service on such entity’s behalf.
    3. Account information. You must provide a valid email address for your account. You are responsible for the completeness, security, confidentiality and accuracy of the account information you provide to us and that you will keep it accurate and up-to-date at all times. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. You will promptly notify us of any unauthorized access to or use of your log-in credentials or account.
    4. Accounts. Only one free account per person or legal entity is allowed.
    5. Illegal Activity. The customer is responsible to ensure that the Service is not used for any illegal or abusive purposes.
    6. Account Security. The Customer is responsible for maintaining the confidentiality of passwords and any other credentials used to access its Accounts.
      1. The Customer will use commercially reasonable efforts to prevent unauthorized use of the Services and will terminate any unauthorized use of which it becomes aware.
      2. The Customer, and not Hopscotch, is responsible for any activity occurring in its Accounts (other than Hopscotch’s direct activity which is not performed in accordance with the Customer’s instructions), whether or not authorized.
      3. The Customer will notify Hopscotch promptly if the Customer becomes aware of any unauthorized access or any other breach of security to its accounts.
    7. Privacy. The Customer consents to the transfer, processing, and storage of information on the Customer and its employees including any personal data (“Customer Information”) in accordance with this Agreement, including Hopscotch’s “privacy policies”. The Customer agrees with Hopscotch’s privacy policies (hopscotch.social/legal/privacy-policy).
    8. Customer Content. Certain features of the Service may permit users to upload content to the Service, including social media posts and other content which may be comprised of messages, reviews, photos, video, images, data, text, and other types of works (“Customer Content”) and to publish Customer Content on the Service. You are solely responsible for Customer Content. We may, but do not have to, review, filter, block or remove Content, including Customer Content.
    9. Backups. The Customer is responsible for maintaining, protecting, and making backups of all information directly and indirectly processed by the Customer using the Services (”Customer Data”) the Customer Data. Hopscotch will not be liable for any failure to store, or for loss or corruption of, the Customer Data or content in an Account.
    10. Exploit. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Hopscotch.
  3. Payment and Billing
    1. General Payment Terms. Membership plan features of the Service will require you to pay fees upon registering for the applicable membership plan service. Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged. All fees are in U.S. Dollars and are non-refundable. Fees vary based on the plan, with different pricing schemes for individual users and organizations.
    2. Customer information. You must provide Hopscotch with accurate customer and billing information and keep this information up to date.
    3. Billing. By subscribing to the Service the customer give Hopscotch the right to charge the submitted credit card, or bill the customer via other payment methods, for fees connected with the Service such as renewal fees or fees for extra services.
    4. Membership Plan and Cancellation Policy. The Service may include automatically recurring payments for periodic charges (“Membership Plan”). If you activate a paid Membership Plan, you authorize Hopscotch to periodically charge, on a going-forward basis and until cancellation of either the recurring payments or your account, all accrued sums on or before the payment due date for the accrued sums. The “Membership Plan Billing Date” is the date when you purchase your first Membership Plan to the Service. For information on the “Membership Plan Fee”, please see our Pricing page. Your account will be charged automatically on the Membership Plan Billing Date all applicable fees for the next billing period. The Membership Plan will continue unless and until you cancel your Membership Plan or we terminate it. You must cancel your Membership Plan before it renews in order to avoid billing of the next periodic Membership Plan Fee to your account. We will bill the periodic Membership Plan Fee to the payment method you provide to us during registration (or to a different payment method if you change your payment information). You may cancel the Membership Plan Service at: hopscotch.social/dashboard#/account/billing and then clicking on the "Cancel Membership Plan" button.
    5. Delinquent Accounts. Hopscotch may suspend or terminate access to the Service for any account for which any amount is due but unpaid. In addition to the amount due for the Service, a delinquent account will be charged with fees or charges that are incidental to any chargeback or collection of any the unpaid amount, including collection fees.
    6. Renewal. Your Hopscotch account will be renewed automatically until you cancel the Membership Plan.
    7. Extra service fees. The Customer is responsible for all charges incurred related to your Hopscotch account, including any applicable taxes or extra service fees.
    8. Price Changes. Hopscotch may change the fees charged for the Services at any time, provided that, for any fees billed on a subscription basis, the change will become effective only at the end of the then-current billing cycle of the Customer’s subscription. Hopscotch will provide the Customer with reasonable advance notice of any change in fees to give the Customer an opportunity to cancel auto-renewal on the Customer’s subscription before the change becomes effective. Hopscotch, at its sole discretion, may make promotional offers with different features and different pricing to any of Hopscotch’s customers. These promotional offers, unless made to you, will not apply to your offer or these TOS.
  4. Upgrading and Downgrading of Accounts
    1. Changing account type. You can upgrade or downgrade to a different Hopscotch Membership Plan type at: hopscotch.social/dashboard#/account/plan. The change to your account type will take effect immediately and apply to all future invoices. You can only change your account type once within a 24 hour period.
    2. Billing procedure for upgrade. After an upgrade you will be billed right away for the remaining time until the next renewal (the amount will be reduced with what you have already paid).
    3. Billing procedure for downgrade. After a downgrade you will be billed at the next renewal date.
  5. Cancellation and Termination of Service
    1. Cancellation. You may at any time cancel your Hopscotch account inside the Hopscotch control panel provided that any past invoices have been paid. You can cancel the Membership Plan Service at: hopscotch.social/dashboard#/account/billing and then clicking on the "Cancel Membership Plan" button. If you cancel (or downgrade) a paid membership plan, you must continue to pay for the rest of your plan term and you are not entitled to a refund. Hopscotch does not accept cancellations via email or phone.
    2. Termination. In case of any breach of the Agreement by the Customer (including any late or non-payment), Hopscotch may terminate this Agreement with immediate effect without any liability to the Customer. We may refuse to provide service to anyone for any reason at any time. We may also immediately suspend or terminate your access to our Services for any reason, at any time, without notifying you in advance. If we terminate this Agreement because you violated any part of this Agreement, you will not receive a refund. If we terminate your access to the Services under this section for no reason, we will refund you for the Services you have not yet received.
  6. API Usage
    1. Availability. The Hopscotch API is provided “as is” and “as available”.
    2. Throttling. Hopscotch reserves the right to limit the amount of allowed requests to the API (throttling).
    3. Blocking. Hopscotch reserves the right to block the use of the API entirely for specific accounts or IP addresses if they are deemed by Hopscotch to be using the API in an illegal, abusive or otherwise excessive manner.
  7. Third Party Terms of Service
    1. YouTube TOS. By using the Hopscotch Service, you also agree to be bound by the YouTube Terms of Service located at https://www.youtube.com/t/terms.
  8. Changes to Terms of Service
    1. Changes to TOS. Occasionally we may, in our sole discretion, make changes to these Terms of Service. We announce important changes to our TOS upon logging in to your Hopscotch account. The current TOS are always available at Hopscotch's webpage (hopscotch.social/legal/terms-of-service). By continuing to use the Service after those changes are made, you are expressing and acknowledging your acceptance of the changes. When we change this Agreement, we will update the “Last Updated” date found near the top of this page.
  9. Use of Customer’s Name and Company Name
    1. Use of customer name. Hopscotch reserves the right to use your name and/or company name as a reference for marketing or promotional purposes on the hopscotch.social website and other communication with existing or potential Hopscotch customers. To decline Hopscotch this right you need to contact us stating that you do not wish to be used as a reference.
  10. Intellectual Property
    1. Ownership and Rights. As between the parties, the Customer retains ownership of all intellectual property rights in the Customer Data and its trademarks etc., and Hopscotch retains ownership of all intellectual property rights in the Services. You grant us a non-exclusive, worldwide, perpetual, irrevocable, transferable, sublicensable, royalty-free license to use, host, run, copy, reproduce, process, adapt, translate, modify, publish, transmit, display and distribute Customer Content for the purposes of providing, supporting, enhancing, and developing our products and services.
    2. Feedback. We welcome your suggestions, comments, bug reports, feature requests or other feedback (“Feedback”). We do not have to keep Feedback confidential, even if you tell us it is confidential. If you provide Feedback, you grant Hopscotch a non-exclusive, worldwide, perpetual, irrevocable, transferable, sublicensable, royalty-free, fully paid-up license to use the Feedback for any purpose.
    3. Brand and Trademark. Except as permitted by Hopscotch’s brand and trademark use policies, this Agreement does not grant the Customer any right to use Hopscotch’s trademarks or other brand elements.
  11. Information Rights and Publicity
    1. Processing and Statistics. Hopscotch reserves the right to process and aggregate data for analysis and statistics.
    2. Publication. Hopscotch will not publish or use identifiable customer data in marketing or any other public purpose without explicit consent from the customer.
    3. Sharing of data. Hopscotch will not share any Customer Information with any third parties unless Hopscotch:
      1. has Your consent for any Customer Information or any third party's consent for the third party's Customer Information;
      2. concludes that it is required by law or has a good faith belief that access, preservation or disclosure of Customer Information is reasonably necessary to protect the rights, property or safety of Hopscotch, its users or the public; or
      3. provides Customer Information in certain limited circumstances to third parties to carry out tasks on Hopscotch's behalf (e.g., billing or data storage) with strict restrictions that prevent the data from being used or shared except as directed by Hopscotch.
    4. Processing of personal data. When providing the Services, Hopscotch shall, and shall procure that its subcontractors shall:
      1. at all times take appropriate technical and organizational measures against unauthorized or unlawful processing of personal data; and
      2. shall not transfer any personal data without appropriate consent and clearance and
      3. only process the personal data in accordance with the instructions given by the party responsible for the personal data.
  12. Security
    1. Customer Data. Hopscotch will store and process Customer Data in a manner consistent with industry security standards. Hopscotch has implemented technical, organizational, and administrative systems, policies, and procedures to help ensure the security, integrity, and confidentiality of Customer Data and to mitigate the risk of unauthorized access to or use of Customer Data.
    2. Notification of Security Breach. In the event of a security breach that may affect you or anyone using the service, we’ll notify you of the breach and provide a description of what happened. The Customer is responsible to take immediate action on such notification, if necessary, in order to minimize the possible impact of the security breach.
  13. Confidentiality
    1. Definition. “Confidential Information” means information disclosed by a party to the other party in connection with the use of the Services that is marked as confidential or would reasonably be considered as confidential under the circumstances. Customer Data and Customer Information is the Customer’s Confidential Information. Despite the foregoing, Confidential Information does not include information that:
      1. is or becomes public through no fault of the recipient;
      2. the recipient of the Confidential Information already lawfully knew;
      3. was rightfully given to the recipient by a third party; or
      4. was independently developed by the recipient without reference to the disclosing party’s Confidential Information.
    2. Confidentiality. Each party will:
      1. protect the other party’s Confidential Information using commercially reasonable efforts; and
      2. not disclose the Confidential Information, except to affiliates, employees, contractors, agents, and professional advisors who need to know it and who have agreed in writing to keep it confidential. Each party (and any permitted recipient to whom a party has disclosed Confidential Information of the other party) may use Confidential Information only to exercise rights and fulfill its obligations under this Agreement. Nothing in this Agreement will prevent Hopscotch from using or disclosing the Customer’s Confidential Information in any manner permitted by Hopscotch’s privacy policy (hopscotch.social/legal/privacy-policy).
    3. Compelled Disclosure. Each party may disclose the other party’s Confidential Information when required by law or legal process, but only after it, if permitted by law:
      1. uses commercially reasonable efforts to notify the other party; and
      2. gives the other party the opportunity to challenge the requirement to disclose.
  14. Contracting Entity
    1. Hopscotch. The Service is provided by Blue Fidelity Inc. (CN: 847654-3) and the references to “Hopscotch”, “we”, “us”, and “our” are references to Blue Fidelity Inc., a Canadian corporation located at 34 Yewfield Crescent, Toronto, Ontario, Canada.
  15. Assignment
    1. The Customer will not delegate, subcontract, transfer or assign this Agreement or any of its rights or obligations, without the prior written consent.
  16. Other Terms
    1. Entire Agreement. This Agreement (including any documents incorporated herein by reference to a URL or otherwise), and any sales quote or other sales document prepared for the Customer by Hopscotch referencing this Agreement (“Sales Document”) constitute the entire agreement between you and Hopscotch and they supersede any other prior or contemporaneous agreements, terms and conditions, written or oral concerning its subject matter. Any terms and conditions appearing on a purchase order or similar document issued by the Customer do not apply to the Services, do not override or form a part of this Agreement, and are void.
    2. Precedence. To the extent any conflict exists between them, any sales document provided by Hopscotch prevails over this Agreement, and this Agreement prevails over any additional terms with respect to the Services not approved by Hopscotch in writing.
    3. Force Majeure. Neither Hopscotch nor the Customer will be liable for inadequate performance to the extent caused by a condition (for example, natural disaster, act of war or terrorism, riot, governmental action, or internet disturbance) that was beyond the party’s reasonable control.
    4. Independent Contractors. The relationship between Hopscotch and you is that of independent contractors, and not legal partners, employees, or agents of each other.
  17. Disclaimer
    1. Disclaimer. Hopscotch gives no warranties regarding the correctness of the data collected with the Service or any potential corruption or loss of such data.
    2. Availability. The Hopscotch Services is provided “as is” and “as available”.
    3. Third party. Hopscotch may use third party vendors and hosting partners to provide the necessary hardware, software, networking, and related technology required to run the Service. Hopscotch is not responsible for any failures attributable to third parties.
  18. Warranties
    1. Warranties. Each party represents and warrants that:
      1. it has full power and authority to enter into this Agreement; and
      2. it will comply with all laws and regulations applicable to its provision or use of the Services, as applicable.
    2. Embargoes. The Customer represents and warrants that it is not barred by any applicable laws from being supplied with the Services. The Services may not be used in any country that is subject to an embargo by the United States or European Union applicable to the Services. The Customer will ensure that:
      1. it does not use the Services in violation of any export restriction or embargo by the United States; and
      2. it does not provide access to the Services to persons on the U.S. Department of Commerce’s Denied Persons List or Entity List, or the U.S. Treasury Department’s list of Specially Designated Nationals.
  19. Limitation of Liability
    1. Liability. You expressly understand and agree that Hopscotch shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Hopscotch has been advised of the possibility of such damages), resulting from e.g. (but not limited to):
      1. the use or the inability to use the Hopscotch service;
      2. the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Hopscotch service;
      3. unauthorized access to or alteration of your transmissions or data;
      4. statements or conduct of any third party on the Hopscotch service; or
      5. any other matter relating to the Hopscotch service.
    2. Responsibility of decisions. Any decisions or claims you make based on data from the Hopscotch Service are your sole responsibility. Hopscotch shall not be held liable for any such decisions or claims.
    3. Damage and losses. In no event shall Hopscotch's total liability to you for all damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence), or otherwise) exceed the amount paid by you, if any, for using the Service during the 12 months preceding the event causing the loss.
  20. Indemnification
    1. Indemnification. You agree to indemnify, defend and hold harmless Hopscotch and its officers, directors, employees, consultants and agents from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorney fees) arising from your use of the Hopscotch Service, your violation of the TOS or your infringement, or infringement by any other user of your account, any intellectual property or other right of any person or entity.
  21. Other
    1. Competent authority. If any part of this Terms of Service would be determined by any competent authority to be invalid, unlawful or unenforceable, the remainder of the Terms of Service shall continue to be valid and enforceable to the fullest extent permitted by law.
  22. Dispute
    1. Governed law. This contract shall be governed by the laws of the province of Ontario and Canada without regard to its conflict of law provisions.
    2. Dispute. The Federal Court of Canada in Ontario and/or the provincial courts located within the province of Ontario, Canada shall solve any dispute, controversy or claim arising out of or in connection with this contract, or the breach, termination or invalidity thereof. Notwithstanding this, Blue Fidelity Inc. will be entitled to enforce any infringement of Hopscotch’s intellectual property and any non-payment of fees due to Hopscotch in the courts of any jurisdiction in which such infringement is occurring or in which the Customer is incorporated. In any action or proceeding to enforce rights under this contract, the prevailing party shall be entitled to recover costs and attorneys’ fees.