Terms of service

Agreement to our legal terms

We are Hoppn, Inc., doing business as Hoppn ("Company," "we," "us," "our"), a company registered in California, United States at 1713 Artesia Blvd, Suite A, Manhattan Beach, CA 90266.

We operate the websites hoppn.com and labs.hoppn.com (collectively, the "Site") and the Shopify application Infinite Color Search (the "App"). These Legal Terms cover the App and the related search, discovery, merchant, and community services we provide through the Site (collectively, the "Services"). These Legal Terms do not govern Hoppn Studio, its desktop applications, or local file indexing, which require separate product terms and privacy disclosures. A link to these Legal Terms from another product does not by itself expand their scope. You can contact us by email at hello@hoppn.com or by mail to 1713 Artesia Blvd, Suite A, Manhattan Beach, CA 90266, United States. These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and Hoppn, Inc., concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY. We may update these Legal Terms from time to time. Changes become effective on the date stated in the posted terms or notice. We will provide notice and obtain consent where required by applicable law. Changes to fees are governed by the "PURCHASES AND PAYMENT" and "SUBSCRIPTIONS" sections. Changes to the Services are governed by the "MODIFICATIONS AND INTERRUPTIONS" section. By continuing to use the Services after the effective date of any changes, you agree to be bound by the modified terms. If you accept these Legal Terms or install or subscribe to the Services on behalf of a merchant or other entity, you represent that you have authority to bind that entity, and "you" includes that entity.

The Services are intended for users who are at least 13 years of age. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Services. If you are a minor, you must have your parent or guardian read and agree to these Legal Terms prior to you using the Services. We recommend that you print a copy of these Legal Terms for your records.

Our services

The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

The Services are not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use the Services. You may not use the Services in a way that would violate the Gramm-Leach-Bliley Act (GLBA).

Intellectual property rights

Our intellectual property

We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks"). This does not transfer ownership of merchant or user content to us, except for Submissions expressly assigned below.

Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United States and around the world.

The Content and Marks are provided in or through the Services "AS IS" for your personal use, internal business purposes, or authorized commercial storefront use under these Legal Terms.

Your use of our services

Subject to your compliance with these Legal Terms, including the "PROHIBITED ACTIVITIES" section below, we grant you a non-exclusive, non-transferable, revocable license to: access the Services; and download or print a copy of any portion of the Content to which you have properly gained access, solely for your personal use, internal business purposes, or authorized commercial storefront use. Authorized commercial storefront use includes installing and operating Infinite Color Search for your subscribed stores and making its search, filtering, and discovery functionality available to your staff, contractors, and shoppers, subject to your plan, applicable fees, and these Legal Terms. You remain responsible for access by persons acting on your behalf. This permission does not authorize resale or separate licensing of our software or removal of proprietary notices. Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission. If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to: hello@hoppn.com. If we ever grant you the permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content.

We reserve all rights not expressly granted to you in and to the Services, Content, and Marks. Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.

Your submissions and contributions

Please review this section and the "PROHIBITED ACTIVITIES" section carefully prior to using our Services to understand the (a) rights you give us and (b) obligations you have when you post or upload any content through the Services.

Submissions: By directly sending us any question, comment, suggestion, idea, or feedback about the Services ("Submissions"), you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. Submissions do not include merchant product data, account information, private support records, reviews of products or services, or other content merely supplied to use or receive the Services. This assignment is subject to the no-generative-training, no-style-imitation, no-sale, authorized-access, and nonpublic-data protections in the "DATA PROCESSING" section.

Contributions: The Services may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality during which you may create, submit, post, display, transmit, publish, distribute, or broadcast content and materials to us or through the Services, including but not limited to text, writings, video, audio, photographs, music, graphics, comments, reviews, rating suggestions, personal information, or other material ("Contributions"). Any Submission that is publicly posted shall also be treated as a Contribution. Product catalogs and other data provided through merchant integrations are governed by the merchant data and content provisions below and are not Contributions merely because they are synced to the Services.

You understand that Contributions may be viewable by other users of the Services and possibly through third-party websites.

When you post Contributions, you grant us the license described in the "CONTRIBUTION LICENSE" section, including use of your name, trademarks, and logos as set out there. All such permissions are subject to the no-generative-training, no-style-imitation, no-sale, authorized-access, and nonpublic-data protections in the "DATA PROCESSING" section.

This license includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide.

You are responsible for what you post or upload: By sending us Submissions and/or posting Contributions through any part of the Services or making Contributions accessible through the Services by linking your account through the Services to any of your social networking accounts, you:

confirm that you have read and agree with our "PROHIBITED ACTIVITIES" and will not post, send, publish, upload, or transmit through the Services any Submission nor post any Contribution that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading;
to the extent permissible by applicable law, waive any and all moral rights to any such Submission and/or Contribution;
warrant that any such Submission and/or Contributions are original to you or that you have the necessary rights and licenses to submit such Submissions and/or Contributions and that you have full authority to grant us the above-mentioned rights in relation to your Submissions and/or Contributions; and
warrant and represent that your Submissions and/or Contributions do not constitute confidential information.

You are solely responsible for your Submissions and/or Contributions and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of (a) this section, (b) any third party’s intellectual property rights, or (c) applicable law.

We may remove or edit your Content: Although we have no obligation to monitor any Contributions, we shall have the right to remove or edit any Contributions at any time without notice if in our reasonable opinion we consider such Contributions harmful or in breach of these Legal Terms. If we remove or edit any such Contributions, we may also suspend or disable your account and report you to the authorities.

User representations

By using the Services, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Legal Terms; (4) you are not under the age of 13; (5) you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Services; (6) you will not access the Services through automated or non-human means, whether through a bot, script or otherwise, except through functionality, integrations, or APIs we provide or authorize; (7) you will not use the Services for any illegal or unauthorized purpose; and (8) your use of the Services will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).

User registration

You may be required to register to use the Services. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

Purchases and Payment

Hoppn offers subscription-based access to our software, which is installed by merchants for their business use. The subscription fees and any usage-based fees are charged on a recurring basis, as specified in the applicable plan or agreement for each merchant.

Available payment methods are those offered through the applicable checkout or billing channel. App charges are billed through Shopify where its requirements apply. Direct billing is available only where permitted under the applicable distribution arrangement and platform requirements, including any required Shopify authorization. These Legal Terms do not independently authorize off-platform billing. Where your subscription is billed through Shopify, Shopify processes the approved charges under its applicable billing terms; we do not separately charge a payment method for those same fees.

As a merchant, you agree to provide current, complete, and accurate account and payment information when subscribing to Hoppn's Services. You further agree to promptly update your account and payment information, including email address, payment method, and payment card expiration date, so that we can process your payments and contact you as needed. All payments shall be in US dollars unless another currency is specified in the applicable checkout, plan, or billing channel.

Merchants agree to pay all subscription fees and any applicable usage-based fees at the prices then in effect, and you authorize us to charge your chosen payment provider for any such amounts on a recurring basis. Hoppn reserves the right to change prices at any time, with reasonable notice to merchants. Where Shopify or another billing platform requires approval of a charge, usage limit, or price change, that platform approval process also applies.

Hoppn reserves the right to refuse or terminate any merchant's subscription to our Services at our discretion. We may, in our sole discretion, limit or suspend access to our Services if we believe that a merchant's use of the Services violates these terms or any applicable law or regulation.

Please note that Hoppn's SaaS software is designed to power search, filtering, and discovery features for merchants' businesses. Our Services are intended to be integrated with your e-commerce platform to enhance users' experience and engagement with your products or services. By subscribing to Hoppn's Services, merchants agree that any usage-based fees related to users' use of Hoppn's search system may be incurred regardless of whether the search functionality is utilized within your own e-commerce store, on a partnered domain name, or within Hoppn's brand discovery platform at Hoppn.com. These usage-based fees will be charged in accordance with the terms of the merchant's subscription plan or agreement with Hoppn, and the merchant is responsible for any such fees incurred through the use of Hoppn's Services, irrespective of the domain or platform on which the search functionality is implemented. The applicable plan or merchant agreement must identify the billable usage and any off-store placements to which these fees apply; this section does not itself create undisclosed charges.

The usage-based fees are carefully designed to cover the costs associated with processing and providing the backend services necessary for the proper functioning of Hoppn's search system. As the usage of our Services increases, so do our operational expenses related to server maintenance, data processing, and infrastructure scaling. Moreover, a portion of these fees is allocated to our ongoing research and development efforts, which enable us to continuously innovate and bring cutting-edge search solutions to our merchants. These fees ensure that Hoppn can sustain its operations, maintain the quality of our Services as demand grows, and invest in the development of new features and enhancements that benefit our subscribers. By agreeing to these terms, merchants acknowledge that the usage-based fees are a necessary component of their subscription, enabling Hoppn to allocate resources effectively, drive innovation, and deliver increasing value to their business.

Subscriptions

Billing and Renewal

Your subscription will continue and automatically renew unless canceled. You consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until such time as you cancel the applicable order. The length of your billing cycle will depend on the type of subscription plan you choose when you subscribed to the Services. For subscriptions billed through Shopify, recurring charges are collected through Shopify and remain subject to its applicable approval and billing requirements.

Cancellation

You can cancel your subscription at any time through the applicable account or billing channel. For subscriptions billed through Shopify, uninstalling the App stops future billing cycles, but charges already incurred may still appear on a later invoice. For subscriptions lawfully billed directly by Hoppn, cancellation will take effect at the end of the current paid term unless your plan states otherwise, and uninstalling the App does not by itself cancel a separately billed subscription. Cancellation does not eliminate amounts already owed. Refunds, if any, are governed by the applicable plan, billing platform rules, and applicable law. If you have any questions or are unsatisfied with our Services, please email us at hello@hoppn.com.

Fee changes

We may, from time to time, make changes to the subscription fee and will communicate any price changes to you in accordance with applicable law.

Software

We may include software for use in connection with our Services. If such software is accompanied by an end user license agreement ("EULA"), the terms of the EULA will govern your use of the software. If such software is not accompanied by a EULA, then we grant to you a non-exclusive, revocable, and non-transferable license to use such software solely in connection with our services and in accordance with these Legal Terms. Any software and any related documentation is provided "AS IS" without warranty of any kind, either express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. You accept any and all risk arising out of use or performance of any software. You may not reproduce or redistribute any software except in accordance with the EULA or these Legal Terms.

Prohibited activities

You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. Commercial storefront use expressly authorized by these Legal Terms is approved for this purpose. The restrictions below do not prohibit normal operation of our provided or authorized storefront features, integrations, scripts, or APIs, including product synchronization and shopper searches, within applicable permissions and limits.

As a user of the Services, you agree not to:

Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.
Knowingly make false statements of fact about us or the Services in a manner that violates applicable law. This does not restrict honest reviews or legally protected complaints.
Use any information obtained from the Services in order to harass, abuse, or harm another person.
Make improper use of our support services or submit false reports of abuse or misconduct.
Use the Services in a manner inconsistent with any applicable laws or regulations.
Engage in unauthorized framing of or linking to the Services.
Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
Delete the copyright or other proprietary rights notice from any Content.
Attempt to impersonate another user or person or use the username of another user.
Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats ("gifs"), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as "spyware" or "passive collection mechanisms" or "pcms").
Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.
Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.
Copy or adapt the Services' software, including but not limited to PHP, HTML, JavaScript, or other code.
Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.
Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or use or launch any unauthorized script or other software.
Use a buying agent or purchasing agent to make purchases on the Services.
Make any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
Use our confidential information without authorization to develop, market, or distribute a competing product or service.
Use the Services to advertise or offer to sell goods and services except through the commercial storefront and other functionality we provide or authorize.
Sell or otherwise transfer your profile.

User generated contributions

The Services may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Services, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewable by other users of the Services and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:

The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Services, and other users of the Services to use your Contributions in any manner contemplated by the Services and these Legal Terms.
You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Services and these Legal Terms.
Your Contributions are not false, inaccurate, or misleading.
Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
Your Contributions do not violate any applicable law, regulation, or rule.
Your Contributions do not violate the privacy or publicity rights of any third party.
Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
Your Contributions do not otherwise violate, or link to material that violates, any provision of these Legal Terms, or any applicable law or regulation.

Any use of the Services in violation of the foregoing violates these Legal Terms and may result in, among other things, termination or suspension of your rights to use the Services. Nothing in these Legal Terms prohibits honest reviews or legally protected complaints.

Contribution license

By posting your Contributions to any part of the Services or making Contributions accessible to the Services by linking your account from the Services to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us a non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) in connection with the Services and their operation, promotion, and improvement, including commercial and advertising uses, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels. This license, including its derivative-work, commercial, advertising, sublicensing, and transfer permissions, is subject to the duration and limits in the "USER AND MERCHANT CONTENT USAGE RIGHTS" section, the no-generative-training, no-style-imitation, no-sale, authorized-access, and nonpublic-data protections in the "DATA PROCESSING" section, our Privacy Policy, and applicable law. It does not permit generative training, style imitation, sale of merchant or user content, or licensing that content to third parties for AI training.

This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. To the extent permitted by applicable law, you waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Services. You are solely responsible for your Contributions to the Services and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Services; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.

Application license

Use license

If you access the Services via the App, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the App for your authorized e-commerce stores, and to access and use the App in connection with those stores strictly in accordance with the terms and conditions of this application license contained in these Legal Terms. You shall not: (1) except as permitted by applicable law, decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the App; (2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the App; (3) violate any applicable laws, rules, or regulations in connection with your access or use of the App; (4) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the App; (5) use the App for any purpose for which it is not designed or intended; (6) make the App available to stores or users beyond the scope of your plan, except for authorized staff, contractors, and shoppers using its intended functionality; (7) use our confidential information without authorization to create a competing product, service, or software; (8) use the App to send unauthorized automated queries to any website or to send any unsolicited commercial email; or (9) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the App.

Shopify integration

Hoppn, rather than Shopify, is responsible for the App, its development, operation, marketing, support, and handling of merchant data. Shopify bears no liability for defects in the App or resulting harm. Shopify offers installation or usage assistance only where it expressly agrees to do so. Responsibility arising from your use of the App and our handling of merchant data rests with Hoppn, subject to these Legal Terms and applicable law. You must maintain the necessary platform account and permissions and comply with applicable platform terms. Platform changes or restrictions may affect the App.

Social media

Where we offer a social-account integration and you choose to connect it, Hoppn accesses only information within the permissions you grant through that integration, as necessary for its disclosed functionality. You must have authority to connect the account and supply its content. Do not send Hoppn your third-party account password. Public display is limited to content you choose to make public or otherwise authorize for display, subject to the "DATA PROCESSING" section and applicable platform restrictions.

Your separate relationship with the third-party platform is governed by its terms and privacy practices. Hoppn does not control that platform’s availability or independent processing. You may revoke an integration’s permissions through the platform’s settings or contact hello@hoppn.com for assistance. Revocation may limit the related functionality; retention and deletion remain governed by our Privacy Policy and applicable legal and platform requirements.

Third-party websites and Content

The Services may contain (or you may be sent via the Site or App) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Services or any Third-Party Content posted on, available through, or installed from the Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Services and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Legal Terms no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Services or relating to any applications you use or install from the Services. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us blameless from any harm caused by your purchase of such products or services. Additionally, you shall hold us blameless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

Services management

We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.

Privacy policy

We care about data privacy and security. Please review our Privacy Policy: https://hoppn.com/privacy. Our Privacy Policy, which is incorporated into these Legal Terms, describes our personal information practices. Any consent required by applicable privacy law will be obtained as required by that law. Your data may be processed in the United States and other locations as described in our Privacy Policy, subject to applicable transfer requirements. Further, we do not knowingly accept, request, or solicit information from children or knowingly market to children. Therefore, in accordance with the U.S. Children’s Online Privacy Protection Act, if we receive actual knowledge that anyone under the age of 13 has provided personal information to us without the requisite and verifiable parental consent, we will delete that information from the Services as quickly as is reasonably practical.

For merchant integrations, Hoppn accesses only data the merchant authorizes through the App’s platform permissions, such as Shopify product data and images, or chooses to upload, and only to the extent necessary to provide the authorized Services. Hoppn does not access platform data outside those permissions. Hoppn does not browse, scan, or access files on a merchant’s or user’s device; it receives only files the merchant or user deliberately chooses to upload. These limits on platform data and device files do not describe routine service interactions, account information, or technical information received when using the Services, which are described in our Privacy Policy and remain subject to applicable permissions, notices, and consent requirements.

Nonpublic merchant and user data, including unpublished products and private customer, order, payment, and account information, is processed to provide, support, secure, maintain, and troubleshoot the authorized Services and meet applicable legal obligations. Hoppn does not use that data for public product displays or third-party advertising. General operational knowledge gained while providing the Services, such as identifying and correcting a software defect, may be used to improve the Services without disclosing that data or repurposing it contrary to applicable permissions. Aggregated or de-identified information may be used for service analytics and improvement only where legally permitted, consistent with applicable merchant instructions, and allowed by the source platform. Aggregation or de-identification does not itself remove Shopify restrictions or create permission to train a model. Hoppn will not use nonpublic merchant content or personal information to train a shared model for other merchants without the specific permissions required by applicable law and platform requirements, and never for the prohibited generative-training or style-imitation uses described below.

Hoppn may disclose nonpublic data to service providers acting on Hoppn’s behalf and to connected platforms as necessary to provide the authorized Services, subject to appropriate confidentiality, security, and use restrictions and applicable platform requirements. Hoppn may also disclose information as required by law or binding legal process, or as otherwise legally permitted and necessary to protect security, investigate fraud, enforce agreements, or establish or defend legal claims, but only to the extent consistent with applicable platform restrictions. A permitted corporate transaction may involve confidential disclosure or transfer to advisers or successors subject to applicable law, platform restrictions, and continued protection of the data. These permissions do not authorize recipients to use the data for independent advertising, prohibited training, or style imitation. The no-sale-of-content commitment is not permission to transfer a content collection as a separately marketable asset; any permitted corporate transfer must support continuing the Services and remain subject to these protections.

Our Privacy Policy must be read subject to the content-use protections in the "DATA PROCESSING" section; a broader permission in that Policy does not override those protections.

Term and Termination

These Legal Terms shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

Modifications and Interruptions

We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services. Fee changes remain subject to the notice and approval requirements in the "PURCHASES AND PAYMENT" and "SUBSCRIPTIONS" sections.

We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.

Governing law

These Legal Terms and your use of the Services are governed by and construed in accordance with the laws of the State of California applicable to agreements made and to be entirely performed within the State of California, without regard to its conflict of law principles.

Dispute resolution

Any legal action of whatever nature brought by either you or us (collectively, the "Parties" and individually, a "Party") shall be commenced or prosecuted in the state and federal courts located in Los Angeles, California, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Legal Terms. In no event shall any claim, action, or proceeding brought by either Party related in any way to the Services be commenced more than one (1) year after the cause of action arose. Nothing in this section limits rights or remedies that cannot lawfully be waived or restricted.

Corrections

There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.

Disclaimer

THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

Limitations of liability

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US (INCLUDING AMOUNTS COLLECTED ON OUR BEHALF THROUGH SHOPIFY OR ANOTHER BILLING PROVIDER) DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your Contributions or merchant data; (2) use of the Services; (3) breach of these Legal Terms; (4) any breach of your representations and warranties set forth in these Legal Terms; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Services with whom you connected via the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

User data

We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. You are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data. Our retention and deletion of data are subject to our Privacy Policy and applicable legal and platform requirements.

Electronic communications, Transactions, and Signatures

Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

SMS text messaging

Opting out

If at any time you wish to stop receiving SMS messages from us, simply reply to the text with "STOP." You may receive an SMS message confirming your opt out.

Message and Data rates

Please be aware that message and data rates may apply to any SMS messages sent or received. The rates are determined by your carrier and the specifics of your mobile plan.

Support

If you have any questions or need assistance regarding our SMS communications, please email us at hello@hoppn.com.

California users and Residents

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

Pandemics and Force majeure events

Hoppn reserves the right to modify, suspend, or terminate its services, in whole or in part, in the event of a pandemic, epidemic, or other force majeure event that affects our ability to provide the services as intended. Force majeure events may include, but are not limited to, natural disasters, acts of war or terrorism, civil unrest, labor disputes, government orders, and other extraordinary events beyond our reasonable control.

In the event of a pandemic or force majeure event, Hoppn may need to implement operational measures or restrict certain features or services. By using Hoppn's website and services during such an event, you acknowledge that your use of the services may be impacted.

Hoppn will make reasonable efforts to communicate any service modifications, suspensions, or terminations to users in a timely manner. However, we cannot guarantee that all users will receive such communications, and we shall not be liable for any failure to do so.

Hoppn shall not be liable for any delays, failures, or disruptions in its services or performance arising from a pandemic or force majeure event, and users acknowledge that such events may result in temporary or permanent changes to the services. In the event of a prolonged service disruption, Hoppn may, at its discretion, offer users prorated refunds or credits for any paid services that were not received due to the disruption.

By using Hoppn's website and services, you acknowledge and agree that Hoppn shall not be liable for any claims, damages, or losses arising from a pandemic or force majeure event to the extent permitted by applicable law.

Miscellaneous

If Hoppn and a merchant execute a separate written agreement expressly addressing the same subject matter, that agreement controls to the extent of an express conflict. No agreement authorizes conduct prohibited by applicable law or binding platform requirements.

These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.

Merchant partnership and Data usage

Hoppn reserves the right to showcase and promote its partnered merchants and their products through various features on its website and platform, including but not limited to product search demos, brand directories, user accounts, social features, and other promotional placements. By partnering with Hoppn and providing brand-related data, merchants grant Hoppn a non-exclusive, worldwide, royalty-free license to use, reproduce, process, adapt, modify, publish, transmit, display, and distribute such data for the purposes of operating, promoting, and improving Hoppn's platform and services.

By using Hoppn's website and services, you acknowledge and agree that Hoppn may display and feature partnered merchants and their products at its sole discretion. Hoppn does not guarantee the inclusion, exclusivity, or duration of any specific merchant's showcasing or promotion. The merchants and products featured are subject to change at any time without prior notice.

Hoppn reserves the right to use and process partnered brands' data to personalize user experiences, enable social features, and improve its platform and services. This may include, but is not limited to, analyzing user interactions with brand-related content, generating recommendations, and displaying relevant brand information to users. Nonpublic data is governed by the stricter authorized-access and nonpublic-data protections in the "DATA PROCESSING" section, including its limits on public display and third-party disclosures.

Hoppn shall not be liable for any claims, damages, or legal action related to the showcasing, promotion, or use of any partnered merchant's data to the extent permitted by applicable law. By partnering with Hoppn, merchants acknowledge and agree to the usage of their data as described herein. The licenses and permissions in this section are subject to applicable law, our Privacy Policy, and platform restrictions governing the source data. They do not authorize public disclosure of private customer, order, payment, or account information.

All licenses in this section, including any sublicensable, transferable, promotional, or derivative-work rights, are subject to the no-generative-training, no-style-imitation, no-sale, authorized-access, and nonpublic-data protections in the "DATA PROCESSING" section. They cannot be read to permit generative training, style imitation, sale of merchant or user content, or licensing that content to third parties for AI training. Authorized recipients and successors receive no broader content-use rights than Hoppn has under those protections.

Data processing

How we use your images

We use your images to help people find and explore your products. We do not use your content to train systems that generate creative content, generate new work for the purpose of imitating your style, or offer tools designed for that purpose. We do not sell your content or license it to others for AI training. We access only the store data you authorize and the files you choose to upload, not other files on your device. We do not use your nonpublic store data for public product displays or third-party advertising. We may use service providers to help deliver your Services, subject to data-use restrictions, and make limited disclosures for legal, security, or business-transfer purposes as described below. These promises describe Hoppn’s use of your content, not a guarantee against unauthorized use by others. This is a plain-English summary; the full terms below control.

Hoppn reserves the right to index and process authorized product data, including images, descriptions, titles, prices, specifications, and metadata, from our partnered merchants for use in our product search system. This may involve computer vision technology to analyze and extract information from that data, subject to the limits below.

By partnering with Hoppn and providing product data, our merchant partners grant Hoppn a non-exclusive, worldwide, royalty-free license to use, reproduce, process, adapt, modify, publish, transmit, display, and distribute their product data for operating, evaluating, configuring, and improving non-generative search, matching, classification, and ranking systems. This includes visual attribute extraction, indexing, similarity matching, retrieval, and search and discovery functionality. Hoppn uses content under this license for non-generative search and discovery functions, not to generate images or other expressive content, apart from the limited analytical representations and transformations of the merchant’s own images expressly described below. A third-party technology’s separate capabilities do not expand the uses of your content permitted under these Legal Terms. These permissions do not authorize generative training or style imitation.

Hoppn may analyze and transform a merchant’s own images to provide the Services, including extracting color palettes, generating search embeddings, creating depth maps or similar display effects, resizing, and cropping. These are analytical representations or service-related versions of the merchant’s existing images, not newly generated artwork or substitutes for the merchant’s content. Where displayed, these outputs are displayed only in connection with that merchant’s own products. Search embeddings and other internal representations need not themselves be displayed. These permissions do not authorize generating new scenes, designs, or expressive content or transferring one merchant’s style to another merchant’s content.

Adjusting model configuration, such as thresholds, ranking parameters, similarity cutoffs, and processing steps, is ordinary operation, not model training, when it does not involve learning or fitting model parameters from content. Automated learning or fitting of parameters from content is not reclassified as ordinary configuration merely because those parameters are called thresholds or ranking settings. Hoppn may evaluate and improve eligible non-generative systems, including through learning or fitting their parameters, only within the permissions and restrictions in this section and applicable law and platform requirements. No such activity may train, fine-tune, or improve a generative model or a generative component of a mixed-purpose system.

Hoppn retains ownership of the search technology, models, algorithms, and improvements it develops, while merchants and users retain ownership of their original content, except for feedback Submissions expressly assigned under these Legal Terms. Improvements may benefit multiple merchants only where the data permissions and applicable law and platform requirements allow, and without disclosing content or using nonpublic data contrary to this section. Use of Shopify-sourced data for model development or improvement requires the relevant merchant consent or Shopify’s prior written consent as required by Shopify’s applicable terms, together with compliance with all other applicable use, confidentiality, and deletion restrictions. Calling an activity configuration does not exempt it from those requirements.

Notwithstanding any other provision of these Legal Terms, Hoppn will not use merchant or user content, including product images, Contributions, Submissions, or personal information provided to or collected by the Services, to train, fine-tune, or improve generative models that create images, text, audio, video, or other expressive content. Hoppn will not authorize service providers, sublicensees, or other recipients to do so.

Notwithstanding any other provision of these Legal Terms, Hoppn will not use merchant or user content for the purpose of generating new artwork, designs, or other expressive content that imitates or reproduces that merchant’s or user’s style, aesthetic, or creative work, and will not offer features designed for that purpose. Displaying or resharing original content as authorized, identifying existing products with similar visual attributes, extracting palettes, or providing the limited analytical representations and transformations described above is permitted and is not itself style imitation. These ordinary features do not authorize Hoppn to generate imitation work. Hoppn does not promise to control how an independent user draws inspiration from lawful search results or publicly available content.

Notwithstanding any other provision of these Legal Terms, Hoppn does not sell merchant or user content or license that content to third parties for AI training. Operational sublicenses do not permit independent training uses by the recipient. Hoppn will require service providers and sublicensees receiving content to comply with the applicable content-use protections in this section and will not authorize them to circumvent those protections. Transfer, sublicensing, derivative-work, promotional, feedback-ownership, or other rights granted elsewhere in these Legal Terms do not override these commitments.

Hoppn will use contractual restrictions, applicable provider settings, and reasonable diligence appropriate to the Services to implement these commitments. Service providers processing Shopify-sourced data on Hoppn’s behalf must be bound by agreements restricting their use to providing services to the App and requiring the confidentiality and security protections required by Shopify. Hoppn’s obligations for those providers remain subject to applicable law and Shopify’s requirements.

These commitments concern Hoppn’s own conduct and the uses Hoppn authorizes. They are not a representation about how a third-party model was originally developed or about content obtained independently of Hoppn. Hoppn does not guarantee that unrelated third parties will not copy, scrape, misuse, or independently obtain publicly available content. This clarification does not authorize Hoppn to provide content for prohibited uses, excuse Hoppn from its obligations concerning its service providers or sublicensees, or limit responsibility that cannot be excluded under applicable law or platform requirements. If Hoppn learns that a provider is using content supplied by Hoppn contrary to the applicable restrictions, Hoppn will take reasonable steps to stop the unauthorized use, including restricting or ending the relevant processing where appropriate, and fulfill any applicable notification and remediation obligations.

Public product information may be displayed as authorized under these Legal Terms, subject to applicable platform restrictions. The protections in this section control over conflicting permissions in other sections or incorporated policies. They apply to content retained or previously used as well as newly received content; prior use or incorporation into a model does not create an exception.

Hoppn will maintain reasonable safeguards appropriate to the data and risks, in accordance with applicable law. Hoppn will retain, delete, or de-identify data in accordance with our Privacy Policy and applicable legal and platform requirements. Where a platform requires deletion, de-identification is not a substitute unless that platform’s requirements and applicable law permit it. For Shopify-sourced data, Hoppn will comply with Shopify’s applicable deletion deadlines and triggers, including uninstall, loss of a permitted purpose, and enforceable deletion requests, subject to any exceptions permitted by applicable law. Copies, backups, embeddings, and other derived data remain subject to applicable deletion requirements; incorporation into a model does not itself exempt data. Operational know-how and improvements that may lawfully be retained remain Hoppn’s property, subject to the content-use protections above.

By using Hoppn’s website and services, you acknowledge and agree that Hoppn may process merchant product data to operate and improve our product search capabilities as described above. Merchants are responsible for providing required notices, obtaining necessary permissions and consents for the data they provide, and complying with applicable privacy and platform requirements. These obligations do not replace Hoppn’s own legal obligations.

Merchant personal-data processing terms

Binding agreement and priority. This subsection is part of these Legal Terms and is the data processing agreement between Hoppn and each merchant that accepts these Legal Terms. No separately titled DPA is required to enter into this agreement. It applies when Hoppn processes personal data on a merchant’s behalf ("Merchant Personal Data"). "Personal data," "controller," "processor," and "personal data breach" have their meanings under applicable data protection law; corresponding business, service-provider, and contractor terms apply where relevant. These processing obligations prevail over conflicting general permissions or disclaimers in these Legal Terms for Merchant Personal Data, without weakening the content-use protections above. Nothing here limits obligations that cannot lawfully be limited or Hoppn’s binding Shopify obligations.

Roles, instructions, and responsibilities. The merchant acts as controller or business, and Hoppn acts as processor or service provider for Merchant Personal Data. Where the merchant acts for another controller, it must have authority to appoint Hoppn as a subprocessor. Hoppn determines the purposes of its own account administration, billing, legal compliance, and independently operated website activities only to the extent it actually acts in that capacity; this does not permit repurposing merchant-directed shopper data. Each party is responsible for the duties applicable to its role.

The merchant instructs Hoppn to process Merchant Personal Data to provide, support, secure, and troubleshoot the authorized Services, including product and color search, session functionality, permitted performance and conversion attribution, and calculation and verification of applicable service charges. These Legal Terms, the applicable plan, authorized settings, and lawful written requests document the merchant’s instructions, including instructions concerning transfers. Hoppn will process Merchant Personal Data only on those instructions unless applicable law requires otherwise; where legally permitted, Hoppn will notify the merchant of that requirement before processing. Hoppn will promptly inform the merchant if, in its opinion, an instruction infringes applicable data protection law and may suspend the affected processing while the parties resolve it. Neither an instruction nor a content license authorizes processing contrary to law or Shopify’s binding restrictions.

The merchant is responsible for its lawful basis, required storefront notices, consent and opt-out configuration, accuracy of information supplied, and authority to grant access. Hoppn will respect applicable customer consent and opt-out decisions communicated through supported Shopify privacy mechanisms, and will not treat installation, API access, or receipt of an event as consent to optional tracking. The merchant’s obligations do not excuse Hoppn’s own consent, security, or other legal duties.

Scope and duration. Processing consists of receiving, transmitting, organizing, storing, indexing, retrieving, analyzing, securing, and deleting data as needed for the authorized Services. Data subjects include store visitors, shoppers and customers, merchant personnel, and people identified in authorized product content or support materials. Categories include session identifiers and associated cookies or similar storage; search and product interaction events; IP addresses; user-agent and browser/device information; approximate location derived from IP; limited order, conversion-attribution, and service-billing information; and merchant contact, integration, product, and support data to the extent they contain personal data. Product processing includes images, catalog metadata, and derived color indexes and other permitted analytical representations. These categories do not authorize unrestricted customer profiles, payment records, or sensitive data. The Privacy Policy provides additional category and retention disclosures.

The App does not use Shopify shopper/customer IDs for routine search, analytics, or attribution. Identifiers supplied in mandatory privacy requests may be handled only as necessary to authenticate, locate, and fulfill the request. Removing a shopper/customer ID does not make session, order-related, or technical information anonymous. Hoppn will process only the minimum data necessary for the stated functions within authorized Shopify scopes and approvals. Processing continues during the authorized service relationship and the limited deletion or legally required retention period afterward, subject to earlier deletion requirements.

Confidentiality and security. Hoppn will ensure that persons authorized to process Merchant Personal Data are bound by confidentiality duties and have access limited to their authorized work. Hoppn will maintain administrative, technical, and organizational safeguards appropriate to the data and risks, including encryption of protected customer data at rest and in transit, access controls based on least privilege, restricted service identities for automated access, and audit logging of access to protected customer data. Hoppn will maintain and review relevant access logs and an incident-response process and meet additional Shopify safeguards applicable to the data it accesses. These obligations do not represent a certification, a guarantee of uninterrupted service, or a promise that no breach can occur.

Subprocessors. The merchant generally authorizes Hoppn to engage subprocessors to provide the authorized Services. Current identified infrastructure subprocessors are Amazon Web Services (AWS), for cloud hosting, storage, and supporting infrastructure, and Elastic Cloud, for hosted search/indexing and associated operational data processing. Their access is limited to what their assigned services require. Hoppn will maintain a current list of relevant subprocessors and processing locations available on request at hello@hoppn.com, give advance notice of additions or replacements, and give merchants a reasonable opportunity to object on data-protection grounds before the change takes effect. The parties will seek a reasonable resolution; if none is available, the merchant may terminate the affected service before the change. Hoppn will impose written data-protection obligations on subprocessors that are no less protective for their processing than the applicable obligations here, including purpose limits, confidentiality, security, deletion, and the content-use protections above. Hoppn remains responsible for its subprocessors’ performance of those obligations as required by applicable law and Shopify’s requirements.

Rights requests and compliance assistance. Taking account of the nature of processing and information available to Hoppn, Hoppn will provide reasonable assistance with data-subject rights, security obligations, breach notifications, data protection impact assessments, and required regulator consultations. Hoppn will promptly refer requests concerning Merchant Personal Data to the merchant unless authorized or legally required to respond directly. Hoppn supports Shopify’s customers/data_request, customers/redact, and shop/redact privacy webhooks, validates their authenticity, and completes required actions within Shopify’s applicable deadlines, currently 30 days after receipt, subject only to permitted legal-retention exceptions. Privacy-request identifiers are not permission to resume routine shopper-ID tracking.

Hoppn will make available information reasonably necessary to demonstrate compliance with these processing obligations and allow and contribute to audits, including inspections, by the merchant or its mandated independent auditor where required by applicable law. Reasonable arrangements concerning notice, confidentiality, scope, and protection of other customers’ information may apply, but must not prevent legally required oversight or regulatory access.

Personal data breaches. Hoppn will notify the merchant without undue delay after becoming aware of a personal data breach affecting Merchant Personal Data and meet any shorter applicable legal or Shopify notification requirements. As information becomes available, Hoppn will provide the known nature of the breach, affected data and individuals, likely consequences, mitigation and remediation measures, and a contact for follow-up, to assist the merchant’s own duties. Information may be provided in phases without undue further delay. Hoppn will take appropriate containment, investigation, and remediation steps and cooperate with the merchant. A fixed notification hour count or guarantee of complete initial information is not implied. Each party remains responsible for notifications it is legally required to make.

Retention, return, and deletion. IP addresses are deleted within 90 days of collection, including copies in relevant logs and subprocessors’ systems; an earlier applicable deletion requirement controls. Other Merchant Personal Data is retained only while necessary for the documented service purpose and subject to the Privacy Policy’s category-specific criteria and applicable Shopify limits. At the merchant’s choice, Hoppn will return or delete Merchant Personal Data after the affected service ends and delete existing copies unless applicable law requires storage. Requests can be made through hello@hoppn.com. Hoppn will also delete data when its authorized purpose ends or a valid deletion instruction or Shopify requirement applies. Mandatory Shopify deletion requirements are not delayed by a return request or an ordinary retention schedule. Hoppn will direct relevant subprocessors to act and, on request, confirm completion as required by law.

Any legally required retained data will be isolated, protected, limited to that legal purpose, and deleted when retention is no longer required. Backups, logs, color indexes, embeddings, and other derivatives containing data subject to deletion remain covered; delayed backup removal is allowed only where law and Shopify permit it, with safeguards against restoring deleted data to active use. Uninstalling the App ends ongoing authorized store access and triggers applicable deletion processes; it does not mean every permitted legal record disappears immediately. Hoppn will not retain Shopify data merely for speculative future use or use de-identification to avoid a deletion requirement.

International transfers and restricted uses. Hoppn will comply with applicable cross-border transfer requirements and provide information about processing locations and safeguards on request. Where a transfer requires an additional legally recognized mechanism, the parties will put that mechanism in place before the restricted transfer; accepting these Legal Terms alone does not execute standard contractual clauses or establish an adequacy decision. No transfer may expand permitted data uses. Where service-provider or contractor restrictions apply, Hoppn will not sell or share Merchant Personal Data, use it outside the specified business purposes or direct business relationship, or combine it with personal data from other customers or Hoppn’s independent interactions except as applicable law permits. Hoppn will notify the merchant if it determines it can no longer meet applicable processing obligations and cooperate with reasonable steps to stop and remediate unauthorized use. All existing restrictions on generative training, style imitation, independent advertising, and content sale continue to apply.

Accessibility

Hoppn is committed to ensuring our services are as accessible as possible. We are continuously working to improve the accessibility of our website and services in accordance with applicable laws and industry standards. If you encounter any accessibility barriers or need assistance accessing any part of our service, please contact us at support@hoppn.com. We will work with you to understand your needs and provide reasonable accommodations or an alternative way for you to access and use our service. However, please note that despite our efforts, not every feature of Hoppn's services may be perfectly optimized for use with all assistive technologies or fully accessible to every user at all times. Therefore, by using Hoppn's website and services, you agree that Hoppn shall not be liable for any claims, damages, or legal action relating to accessibility to the extent permitted by applicable law. You acknowledge that while we strive to ensure accessibility, the highly visual and interactive nature of our platform may inherently present certain challenges. By using our services, you agree to accept them as they are currently provided. Hoppn reserves the right to modify, update, or change any feature and its level of accessibility at any time without prior notice as we work to continuously improve our services for all users.

User and Merchant content usage rights

When Merchants integrate their e-commerce platforms, such as Shopify, with Hoppn, they grant Hoppn a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the content, including but not limited to product images, descriptions, and metadata, in connection with Hoppn's services and Hoppn's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the services (and derivative works thereof) in any media formats and through any media channels.

When users create an account on Hoppn and add their own content, such as images or bio descriptions, they grant Hoppn the same worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the content in connection with Hoppn's services and Hoppn's (and its successors' and affiliates') business.

Specifically, if Merchants or users provide public content to Hoppn, they agree that Hoppn may reshare, display, and distribute this content on its own websites, applications, or other organic channels, with attribution to the Merchant or user as the source when reasonably possible. This license does not give Hoppn the right to sell the content or use it in any way that is not in connection with Hoppn's services.

Merchants and users represent and warrant that they have all the rights, power, and authority necessary to grant the rights granted herein to any content that they submit. They also represent that the use of their content by Hoppn as described herein does not violate or infringe upon the rights of any third party, including without limitation, any intellectual property rights, rights of publicity or privacy, or any other proprietary rights.

Hoppn reserves the right to remove any content at its sole discretion for any reason, including but not limited to, content that violates these Legal Terms or Hoppn's other policies. The license granted to Hoppn for Merchant and user content will terminate when the content or the associated account is deleted, except to the limited extent continued retention or use of content already reshared or used is permitted by applicable law and source-platform requirements. Prior use alone does not create a perpetual retention or display right. Any continued use of content already reshared or used remains subject to applicable law, our Privacy Policy, platform requirements, and the no-generative-training, no-style-imitation, no-sale, authorized-access, and nonpublic-data protections in the "DATA PROCESSING" section. This section governs the duration and permitted uses of the content licenses elsewhere in these Legal Terms; it does not reverse the assignment of feedback Submissions or transfer Hoppn's own technology.

Inappropriate content

Hoppn displays products synced from our partner's e-commerce providers or systems, as well as user-generated content shared by registered users, through various features on our platform, including but not limited to search overlays or search popups, product feeds, user profiles, and community forums. While Hoppn makes reasonable efforts to filter out content that is illegal, inappropriate, or not safe for all audiences, we rely on the information provided by our partners and users and cannot guarantee that all content displayed will be appropriate for every user.

By partnering with Hoppn and syncing your products to our platform, you represent and warrant that none of your products are illegal, violate any laws or regulations, or contain content that is sexually explicit, violent, discriminatory, promotes illegal activities, or is otherwise inappropriate for users of all ages. You agree that you are solely responsible for ensuring that all products you sync to Hoppn are appropriately labeled with any necessary age restrictions or content warnings, using any applicable tools we make available.

Similarly, when sharing user-generated content such as images, text, or reviews on Hoppn, users must ensure that their content adheres to these same standards and does not contain any inappropriate material. Users are solely responsible for the content they share on Hoppn.

If Hoppn discovers or is notified that a product or user-generated content on our platform is illegal, inappropriate, or not safe for all audiences, we reserve the right to immediately remove that content and take appropriate action, which may include terminating our partnership with the merchant who synced the product or suspending the user account, at our sole discretion. Repeated violations by a merchant or user may result in permanent termination from our platform.

However, because Hoppn cannot fully control the content synced or shared by our partners and users in real-time, by using Hoppn's website and services, you agree that Hoppn shall not be liable for any claims, damages, or legal action arising from the inadvertent display of inappropriate content to the extent permitted by applicable law. You acknowledge that while we strive to maintain a family-friendly platform, the automated nature of our content syncing and sharing may occasionally result in the brief display of inappropriate content before it can be removed. If you encounter any inappropriate content on Hoppn, please report it immediately to support@hoppn.com so we can take action.

Contact us

In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at: hello@hoppn.com

This version becomes effective when published on hoppn.com, subject to any later effective date or acceptance requirement stated in a notice to existing users. Required notice and consent obligations continue to apply.

Updated: October 26, 2026

hello@hoppn.com

hello@hoppn.com

hello@hoppn.com