Terms and Conditions
Last updated: January 2017
These Terms and Conditions (“Terms”, “Terms and Conditions”) govern the relationship between http://www.hopperreader.com website and the Hopper mobile application (the “Service”) operated by Effectivitijd (“us”, “we”, or “our”) and the User (“you”, “your”) .
Effectivitijd is a company that provides training and software to improve the effective reading skills of its customers. Effectivitijd is holding office at Duinoord 15, 2224 CA, Katwijk, The Netherlands and is registered at the Chamber of Commerce under number 28115411.
Please read these Terms and Conditions carefully before using our Hopper mobile application (the “Service”).
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the Terms then you may not access the Service.
- Description of the Services.
We provide users of the Service with access to certain content and services related to our Hopper Text Guiding and Speech Technology, which may include, without limitation: (a) sales and support of software incorporating our Technology and provision to developers of tools enabling the development of applications using our Technology; (b) content such as information regarding our Technology, news about Hopper and its Technology; and (c) access to forums for discussion of issues of interest to the Hopper developer and/or User communities. The content and services are collectively referred to as the “Services”.
If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. Purchasing a product is only possible through Playstore or Appstore.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us and/or Playstore/Appstore is true, correct and complete.
By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases only.
We reserve the right to refuse or cancel your order at any time for the following reasons: product or service (un)availability, errors in the description or price of the product or service, errors in your order.
You will be notified immediately upon the refusal or cancellation of your order, while stating the specific reasons for the refusal/cancellation. Any payments regarding the cancelled order will be refunded.
If we have serious grounds for suspecting fraud or any kind of unauthorized or illegal transactions, we will refuse or cancel your order.
Availability, Errors and Inaccuracies
We are constantly updating our offerings of products and services on the Service. The products or services available on our Service may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Service and in our advertising on other websites.
We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
If any errors, omissions or inaccuracies occur with regard to a specific purchase or order, you will be notified immediately thereof. You will be given the choice to either cancel your order under a refund of any payments already made or to proceed. Note that in the latter case, your purchase may be subject to different conditions.
Contests, Sweepstakes and Promotions
Some parts of the Service are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set on a monthly basis.
At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or Effectivitijd cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting Effectivitijd customer support team.
A valid payment method, including credit card, is required to process the payment for your Subscription. You shall provide Effectivitijd with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize Effectivitijd to charge all Subscription fees incurred through your account to any such payment instruments.
Should automatic billing fail to occur for any reason, Effectivitijd will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
Effectivitijd may, at its sole discretion, offer a Subscription with a free trial for a limited period of time (“Free Trial”).
You may be required to enter your billing information in order to sign up for the Free Trial.
If you do enter your billing information when signing up for the Free Trial, you will not be charged by Effectivitijd until the Free Trial has expired. On the last day of the Free Trial period, unless you cancelled your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected.
At any time and without notice, Effectivitijd reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.
Effectivitijd, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.
Effectivitijd will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.
Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
Except when required by law, paid Subscription fees are non-refundable.
Our Service can amongst others be understood as a content platform which allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness.
By posting Content to the Service, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.
You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contractual rights or any other rights of any person.
In order to adhere to laws and regulations with respect to copyrights, privacy rights, contractual rights and so forth, we use an ‘infringement procedure’ as part of our Copyright Policy that allows us to take down any content that violates any of the above mentioned rights of any person. This procedure also allows you to report any (alleged) infringement of any rights.
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes the copyright or other intellectual property right of any person (infringement) and take such Content down.
If you believe that copyrighted work has been copied, used or made available through our Website or Service in a way constituting a copyright infringement, you must submit a Notice in writing to the attention of “Copyright Infringement” at firstname.lastname@example.org The Notice should contain the following information:
- A statement that you have identified material on the Website and/or Service which infringes your copyright (or infringes the copyright of a third party on whose behalf you are entitled to act, if applicable);
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single Notice, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Effectivitijd to locate the material (URL and/or screen shot);
4. Your full name, email address, postal address and telephone number on which you can be contacted;
5. A statement by you that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
6. A statement by you that the information in the Notice is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; and
7. A physical or electronic signature (which may be a scanned copy) of a person authorized to act on behalf of owner of the work that is allegedly infringed.
You may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting that any Content is infringing your copyright.
If you are unsure about your rights in respect of material, or whether there has been an infringement of your rights, we suggest you take legal advice before sending a Notice to Effectivitijd..
Audiatur et altera pars
One who has posted reported material is allowed to send Effectivitijd a counter notice. We may decide to reinstate the material in question, at our own discretion. You can send a counter notice to email@example.com.
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Effectivitijd and its licensors. The Service is protected by copyright, trademark, and other laws of both the Netherlands’ and International law Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Effectivitijd.
Links To Other Websites
Our Service may contain links to third-party websites or services that are not owned or controlled by Effectivitijd.
Effectivitijd has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or services. You further acknowledge and agree that Effectivitijd shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
We may terminate or suspend your account immediately and without liability on our behalf: i) in the event of an intentional or grossly negligent breach of any provision of the Terms; or ii) the continuous non-compliance with any of the obligations arising from our Terms, after being notified of the non-compliance (‘Default Notice’) and being given a reasonable opportunity within which to still meet your obligations.
Upon termination, your right to use the Service will immediately cease.
If you wish to terminate your account, you may simply discontinue using the Service. In the case you have a Subscription, you may cancel the Subscription and its renewal either through your online account management page or by contacting Effectivitijd customer support team.
Limitation Of Liability
In no event shall Effectivitijd and its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; (iv) any malware –such as trojan horses- that may be present on your computer and (v) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Additionally, you acknowledge and agree that you (and not Effectivitijd) are responsible for obtaining and maintaining all telecommunications, broadband, and computer hardware, equipment, and services needed to access and use the Product, and paying all charges related thereto.
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to: implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Effectivitijd and its subsidiaries, affiliates, or its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
Please note that uploading content to our Service may cause its alteration, such as loss and/or change of pictures, graphics, personal notes etcetera. We reiterate that uploading content to our Service is solely at your own risk.
These Terms shall be governed and construed in accordance with the laws of Netherlands, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between Effectivitijd and you and will supersede and replace any prior Agreements regarding the use of the Service, unless specifically agreed otherwise.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are required to stop using the Service.
Your access to and use of the Service, whether or not on a Subscription basis, does not, and shall not create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and Effectivitijd.
If any provision of these Terms is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provision. You may not assign, transfer or sublicense any or all of your rights or obligations following or resulting from these Terms or any Agreement between you and Effectivitijd, without our express prior written consent. We may assign, transfer or sublicense any or all of our rights or obligations under these Terms or any Agreement without restriction. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof.
Notices to you may be made via posting to the Product, by e-mail, or by regular mail, in Effectivitijd’s discretion.
If you have any questions about these Terms, please contact us at firstname.lastname@example.org.
Last updated: January 2017
Effectivitijd (“us”, “we”, or “our”) operates the http://www.hopperreader.com website and the Hopper mobile application (the “Service”).
This page informs you about our policies regarding the collection, use and disclosure of Personal Information when you use our Service.
Information Collection And Use
While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you. Personally identifiable information may include, but is not limited to, your email address, name (“Personal Information”).
We may also collect information that your browser sends whenever you visit our Service or when you access the Service by or through a mobile device (“Log Data”).
This Log Data may include information such as your computer’s Internet Protocol (“IP”) address, browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages and other statistics.
When you access the Service by or through a mobile device, this Log Data may include information such as the type of mobile device you use, your mobile device unique ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browser you use and other statistics.
In addition, we may use third party services such as Google Analytics that collect, monitor and analyze this type of information in order to increase our Service’s functionality. These third party service providers have their own privacy policies addressing how they use such information.
Cookies are files with small amount of data, which may include an anonymous unique identifier. Cookies are sent to your browser from a web site and stored on your computer’s hard drive.
We use “cookies” to collect information. You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some parts of our Service.
You may opt out of the use of the DoubleClick Cookie for interest-based advertising by visiting the Google Ads Settings web page: http://www.google.com/ads/preferences/
Google AdWords remarketing service is provided by Google Inc.
You can opt-out of Google Analytics for Display Advertising and customize the Google Display Network ads by visiting the Google Ads Settings page: http://www.google.com/settings/ads
Google also recommends installing the Google Analytics Opt-out Browser Add-on – https://tools.google.com/dlpage/gaoptout – for your web browser. Google Analytics Opt-out Browser Add-on provides visitors with the ability to prevent their data from being collected and used by Google Analytics.
For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: http://www.google.com/intl/en/policies/privacy/
Facebook remarketing service is provided by Facebook Inc.
You can learn more about interest-based advertising from Facebook by visiting this page: https://www.facebook.com/help/164968693837950
To opt-out from Facebook’s interest-based ads follow these instructions from Facebook: https://www.facebook.com/about/ads/#568137493302217
Facebook adheres the Self-Regulatory Principles for Online Behavioral Advertising established by the Digital Advertising Alliance. You can also opt-out from Facebook and other participating companies through the Digital Advertising Alliance in the USA http://www.aboutads.info/choices/, the Digital Advertising Alliance of Canada in Canada http://youradchoices.ca/ or the European Interactive Digital Advertising Alliance in Europe http://www.youronlinechoices.eu/, or opt-out using your mobile device settings.
For more information on the privacy practices of Facebook, please visit Facebook’s Data Policy: https://www.facebook.com/privacy/explanation
We may employ third party companies and individuals to facilitate our Service, to provide the Service on our behalf, to perform Service-related services or to assist us in analyzing how our Service is used.
These third parties have access to your Personal Information only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.
We may use your Personal Information to send you newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us by following the ‘unsubscribe’ link or instructions provided in any email we send.
Compliance With Laws
We will disclose your Personal Information where required to do so by law or subpoena or if we believe that such action is necessary to comply with the law and the reasonable requests of law enforcement or to protect the security or integrity of our Service.
The security of your Personal Information is important to us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. We nonetheless strive to implement appropriate technical and organizational measures to protect your Personal Information. Having regard to the state of the art and the cost of their implementation, such measures shall ensure a high level of security appropriate to the risks represented by the processing of Personal Information.
Your information, including Personal Information, may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction.
If you are located outside Netherlands and choose to provide information to us, please note that we transfer the information, including Personal Information, to Netherlands and process it there.
Links To Other Sites
We have no control over, and assume no responsibility for the content, privacy policies or practices of any third party sites or services.
Our Service does not address anyone under the age of 16 (“Children”).
We do not knowingly collect personally identifiable information from children under 16. If you are a parent or guardian and you are aware that your Children has provided us with Personal Information, please contact us. If we become aware that we have collected Personal Information from a children under age 16 without verification of parental consent, we take steps to remove that information from our servers.
Any disputes regarding the Service shall be settled by the competent court in the District where Effectivitijd holds its office.