Nothing in these Terms creates any relationship of employment, agency, or partnership between the involved parties.

Hippopod.xyz is provided by:

Monade Srl
Via del Campasso snc
25040 Corte Franca (BS)
Italy

Owner contact email: info@monade.io

"Hippopod.xyz" refers to

• this website, including its subdomains and any other website through which the Owner makes its Service available;

• applications for mobile, tablet and other smart device systems;

• the Service;

What the User should know at a glance

• Please note that some provisions in these Terms may only apply to certain categories of Users. In particular, certain provisions may only apply to Consumers or to those Users that do not qualify as Consumers. Such limitations are always explicitly mentioned within each affected clause. In the absence of any such mention, clauses apply to all Users.

• Usage of hippopod.xyz and the Service is age restricted: to access and use hippopod.xyz and its Service the User must be an adult under applicable law.

---

TERMS OF USE

Unless otherwise specified, the terms of use detailed in this section apply generally when using hippopod.xyz.

Single or additional conditions of use or access may apply in specific scenarios and in such cases are additionally indicated within this document.

By using hippopod.xyz, Users confirm to meet the following requirements:

• There are no restrictions for Users in terms of being Consumers or Business Users;

• Users must be recognised as adult by applicable law;

Account registration

To use the Service Users may register or create a User account, providing all required data or information in a complete and truthful manner.
Users may also use the Service without registering or creating a User account, however, this may cause limited availability of certain features or functions.

Users are responsible for keeping their login credentials confidential and safe. For this reason, Users are also required to choose passwords that meet the highest standards of strength permitted by hippopod.xyz.

By registering, Users agree to be fully responsible for all activities that occur under their username and password.
Users are required to immediately and unambiguously inform the Owner via the contact details indicated in this document, if they think their personal information, including but not limited to User accounts, access credentials or personal data, have been violated, unduly disclosed or stolen.

Account termination

Users can terminate their account and stop using the Service at any time by doing the following:

• By directly contacting the Owner at the contact details provided in this document.

Account suspension and deletion

The Owner reserves the right to suspend or terminate the User's account at any time and without notice, at the Owner's sole discretion, in these cases:

• User has violated these Terms; and/or

• User's access or use of hippopod.xyz may cause injury to the Owner, other Users or third parties; and/or

• the use of hippopod.xyz by the User may cause violation of law or regulations; and/or

• in case of an investigation by legal action or governmental involvement; and/or

• the account or its use is deemed to be, at the Owner’s sole discretion inappropriate or offencive or in violation of these Terms.

The suspension or deletion of User accounts shall not entitle Users to any claims for compensation, damages or reimbursement.
The suspension or deletion of accounts due to causes attributable to the User does not exempt the User from paying any applicable fees or prices.

Content on hippopod.xyz

Unless where otherwise specified or clearly recognisable, all content available on hippopod.xyz is owned or provided by the Owner or its licensors.

The Owner undertakes its utmost effort to ensure that the content provided on hippopod.xyz infringes no applicable legal provisions or third-party rights. However, it may not always be possible to achieve such a result.
In such cases, without prejudice to any legal prerogatives of Users to enforce their rights, Users are kindly asked to preferably report related complaints using the contact details provided in this document.

Rights regarding content on hippopod.xyz - All rights reserved

The Owner holds and reserves all intellectual property rights for any such content.

Users may not therefore use such content in any way that is not necessary or implicit in the proper use of the Service.

In particular, but without limitation, Users may not copy, download, share (beyond the limits set forth below), modify, translate, transform, publish, transmit, sell, sublicence, edit, transfer/assign to third parties or create derivative works from the content available on hippopod.xyz, nor allow any third party to do so through the User or their device, even without the User's knowledge.

Where explicitly stated on hippopod.xyz, the User may download, copy and/or share some content available through hippopod.xyz for its sole personal and non-commercial use and provided that the copyright attributions and all the other attributions requested by the Owner are correctly implemented.

Any applicable statutory limitation or exception to copyright shall stay unaffected.

Content provided by Users

The Owner allows Users to upload, share or provide their own content to hippopod.xyz.

By providing content to hippopod.xyz, Users confirm that they are legally allowed to do so and that they are not infringing any statutory provisions and/or third-party rights.

Further insights regarding acceptable content can be found inside the respective section on hippopod.xyz which details the acceptable uses.

Rights regarding content provided by Users

Users acknowledge and accept that by providing their own content on hippopod.xyz they grant the Owner a non-exclusive, fully paid-up and royalty-free licence to process such content solely for the operation and maintenance of hippopod.xyz as contractually required.

To the extent permitted by applicable law, Users waive any moral rights in connection with content they provide to hippopod.xyz.

Users acknowledge, accept and confirm that all content they provide through hippopod.xyz is provided subject to the same general conditions set forth for content on hippopod.xyz.

Liability for provided content

Users are solely liable for any content they upload, post, share, or provide through hippopod.xyz. Users acknowledge and accept that the Owner does not filter or moderate such content.

However, the Owner reserves the right to remove, delete or block such content at its own discretion and, without prior notice, to deny the uploading User access to hippopod.xyz:

• upon becoming aware of any (alleged) violation of these Terms, any third-party rights, or applicable law, based on such content;
• if a notice of infringement of intellectual property rights is received;
• if a notice of violation of a third party’s privacy, including their intimate privacy, is received;
• upon order of a public authority; or
• where the Owner is made aware that the content, while being accessible via hippopod.xyz, may represent a risk for Users, third parties and/or the availability of the Service.

The removal, deletion or blocking of content shall not entitle Users that have provided such content or that are liable for it, to any claims for compensation, damages or reimbursement.

Users agree to hold the Owner harmless from and against any claim asserted and/or damage suffered due to content they provided to or provided through hippopod.xyz.

Access to external resources

Through hippopod.xyz Users may have access to external resources provided by third parties. Users acknowledge and accept that the Owner has no control over such resources and is therefore not responsible for their content and availability.

Conditions applicable to any resources provided by third parties, including those applicable to any possible grant of rights in content, result from each such third parties’ terms and conditions or, in the absence of those, applicable statutory law.

How to file a takedown notice (called a “DMCA notice”)

If copyright holders or their agents believe that any content on hippopod.xyz infringes upon their copyrights, they may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing the Owner’s Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

• A physical or electronic signature of a person authorized to act on behalf of the holder of an exclusive right that is allegedly infringed;
• 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 notification, a representative list of such works at that site;
• 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 the Owner to locate the material;
• Information reasonably sufficient to permit the Owner to contact the notifying party, such as an address, telephone number, and, if available, an electronic mail;
• A statement that the notifying party has 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; and
• A statement that the information in the notification is accurate, and under penalty of perjury, that the notifying party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Failure to comply with all of the requirements outlined above may result in invalidity of the DMCA notice.

Copyright infringement notifications may be submitted to the Owner’s Copyright Agent at the following address:

Team Hippopod, support@hippopod.xyz

Acceptable use

Hippopod.xyz and the Service may only be used within the scope of what they are provided for, under these Terms and applicable law.

Users are solely responsible for making sure that their use of hippopod.xyz and/or the Service violates no applicable law, regulations or third-party rights.

Therefore, the Owner reserves the right to take any appropriate measure to protect its legitimate interests including denying Users access to hippopod.xyz or the Service, terminating contracts, reporting any misconduct performed through hippopod.xyz or the Service to the competent authorities – such as judicial or administrative authorities - whenever Users are suspected to be in violation of any laws, regulations, third-party rights and/or these Terms, including, but not limited to, by engaging in any of the following activities:

Conduct restrictions

• pretending to fulfil any possible condition or requirements for accessing hippopod.xyz and/or using the Services, such as for instance being adult according to law or qualifying as a Consumer;
• concealing their identity or stealing someone else's identity or pretend to be or represent a third-party, if not allowed to do so by such third-party;
• manipulating identifiers to disguise or otherwise conceal the origin of their messages or of the content posted;
• defaming, abusing, harassing, using threatening practises, threatening or violating the legal rights of others in any other way;
• promoting activity that may endanger the User’s life or the life of any other User or lead to physical harm. This includes but is not limited to suicide threats or instigations, intentional physical trauma, the use of illegal drugs, or excessive drinking. Under no circumstance is any User allowed to post any content promoting and/or encouraging and/or showing any self-destructive or violent behaviour on hippopod.xyz;
• probing, scanning or testing the vulnerability of hippopod.xyz, including the services or any network connected to the website, nor breaching the security or authentication measures on hippopod.xyz, including the services or any network connected to hippopod.xyz;
• instaling, embedding, uploading or otherwise incorporating any malware into or via hippopod.xyz;
• using hippopod.xyz or the technical infrastructure in an abusive, excessive or otherwise inappropriate way (for example: for spamming purposes);
• attempting to disrupt or tamper with the technical infrastructure in a manner that harms or places an undue burden on hippopod.xyz or the Service;

• offering Products via hippopod.xyz that cannot legally be sold or that are currently not available for sale (e.g. not in stock);
• manipulating the price of Products offered or failing to deliver Products sold;

Excessive use of the Service

• using a resource of hippopod.xyz excessively in relation to other Users of hippopod.xyz – in such cases, the Owner, at its sole discretion, additionally reserves the right to suspend the User’s account or limit the related activity until the User reduces the excessive consumption;

Excessive use of the API

• sending abusive or excessively frequent requests to the Service via the API. The Owner will determine what constitutes abuse or excessive usage of the API and additionally reserves the right to temporarily or permanently suspend access to the API by the User. In such cases, the Owner will make a reasonable attempt to alert the User prior to suspension;

Scraping

• adopting any automated process to extract, harvest or scrape information, data and/or content from hippopod.xyz and all the digital properties thereto related unless where explicitly allowed to do so by the Owner;

Content restrictions

• disseminating or publishing content that is unlawful, obscene, illegitimate, libelous or inappropriate;
• publishing any content that promotes, either directly or indirectly, hate, racism, discrimination, pornography, violence;
• disseminating or publishing any content that is false or may create unjustified alarm;
• using hippopod.xyz to publish, disseminate or otherwise provide content protected by intellectual property laws, including but not limited to patent, trademark or copyright law, unlawfully and without the legitimate right-holder’s consent;
• using hippopod.xyz to publish, disseminate or otherwise make available any other content which infringes on any third-party rights, including but not limited to state, military, trade or professional secrets and personal data;
• publishing any content or carrying out any activity that disrupts, interrupts, harms, or otherwise violates the integrity of hippopod.xyz or another User's experience or devices. Such activities include: spamming, distributing unauthorised advertisements, phishing, defrauding others, spreading malware or viruses etc.;

• publishing or otherwise disseminating false, inaccurate, misleading, defamatory, or libellous content regarding any Products offered via hippopod.xyz;

User protection

• misappropriating any account in use by another User;
• harvesting or collecting any personally identifying information of other Users including but not limited to their email addresses or contact information, by circumventing the privacy setting of other Users’ accounts on hippopod.xyz or by any other means;
• using any information relating to other Users, including personal or contact data, for purposes other than those hippopod.xyz is intended for;

Software license

The software embedded in or related to hippopod.xyz is provided under a some-rights-reserved licence.

This means that Users are granted broad rights, including but not limited to the rights to use, execute, copy or distribute the software, to the extent determined by such licence.

The terms of such licence shall always prevail upon conflicting, divergent or inconsistent provisions of these Terms.

In particular, hippopod.xyz and/or the software thereto related are provided under a Mozilla Public License 2.0 licence, allowing Users to access and use the software’s source code.

API usage terms

Users may access their data relating to hippopod.xyz via the Application Program Interface (API). Any use of the API, including use of the API through a third-party product/service that accesses hippopod.xyz, is bound by these Terms and, in addition, by the following specific terms:

• the User expressly understands and agrees that the Owner bears no responsibility and shall not be held liable for any damages or losses resulting from the User’s use of the API or their use of any third-party products/services that access data through the API.

TERMS AND CONDITIONS OF SALE

Paid Products

Some of the Products provided on hippopod.xyz, as part of the Service, are provided on the basis of payment.

The fees, duration and conditions applicable to the purchase of such Products are described below and in the dedicated sections of hippopod.xyz.

To purchase Products, the User must register or log into hippopod.xyz.

Product description

Prices, descriptions or availability of Products are outlined in the respective sections of hippopod.xyz and are subject to change without notice.

While Products on hippopod.xyz are presented with the greatest accuracy technically possible, representation on hippopod.xyz through any means (including, as the case may be, graphic material, images, colours, sounds) is for reference only and implies no warranty as to the characteristics of the purchased Product.

The characteristics of the chosen Product will be outlined during the purchasing process.

Purchasing process

Any steps taken from choosing a Product to order submission form part of the purchasing process.

The purchasing process includes these steps:

• Users must choose the desired Product and verify their purchase selection.
• After having reviewed the information displayed in the purchase selection, Users may place the order by submitting it.

Order submission

When the User submits an order, the following applies:

• The submission of an order determines contract conclusion and therefore creates for the User the obligation to pay the price, taxes and possible further fees and expenses, as specified on the order page.
• In case the purchased Product requires an action from the User, such as the provision of personal information or data, specifications or special wishes, the order submission creates an obligation for the User to cooperate accordingly.
• Upon submission of the order, Users will receive a receipt confirming that the order has been received.

All notifications related to the described purchasing process shall be sent to the email address provided by the User for such purposes.

Methods of payment

Information related to accepted payment methods are made available during the purchasing process.

Some payment methods may only be available subject to additional conditions or fees. In such cases related information can be found in the dedicated section of hippopod.xyz.

All payments are independently processed through third-party services. Therefore, hippopod.xyz does not collect any payment information – such as credit card details – but only receives a notification once the payment has been successfully completed.

If a payment through the available methods fails or is refused by the payment service provider, the Owner shall be under no obligation to fulfil the purchase order. If a payment fails or is refused, the Owner reserves the right to claim any related expenses or damages from the User.

Authorization for future PayPal payment

If Users authorise the PayPal feature which allows future purchases, hippopod.xyz will store an identification code linked to the Users’ PayPal account. This will authorise hippopod.xyz to automatically process payments for future purchases or recurring instalments of past purchases.

This authorisation can be revoked at any time, either by contacting the Owner or by changing the user settings offered by PayPal.

Retention of usage rights

Users do not acquire any rights to use the purchased Product until the total purchase price is received by the Owner.

Delivery

Performance of services

The purchased service shall be performed or made available within the timeframe specified on hippopod.xyz or as communicated before the order submission.

User rights

Right of withdrawal

Unless exceptions apply, the User may be eligible to withdraw from the contract within the period specified below (generally 14 days), for any reason and without justification. Users can learn more about the withdrawal conditions within this section.

The right of withdrawal does not apply on hippopod.xyz

Users acknowledge and accept that the right of withdrawal does not apply to contracts concluded over hippopod.xyz due to the nature of its offering.

Liability and indemnification

Indemnification

The User agrees to indemnify and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners and employees harmless from and against any claim or demand ⁠— including but not limited to lawyer's fees and costs ⁠— made by any third party due to or in relation with any culpable use of or connection to the Service, violation of these Terms, infringement of any third-party rights or statutory provision by the User or its affiliates, officers, directors, agents, co-branders, partners and employees to the extent allowed by applicable law.

Limitation of liability

Unless otherwise explicitly stated and without prejudice to applicable statutory product liability provisions, Users shall have no right to claim damages against the Owner (or any natural or legal person acting on its behalf).

This does not apply to damages to life, health or physical integrity, damages resulting from the breach of an essential contractual obligation such as any obligation strictly necessary to achieve the purpose of the contract, and/or damages resulting from intent or gross negligence, as long as hippopod.xyz has been appropriately and correctly used by the User.

Unless damages have been caused by way of intent or gross negligence, or they affect life, health or physical integrity, the Owner shall only be liable to the extent of typical and foreseeable damages at the moment the contract was entered into.

Australian Users

Limitation of liability

Nothing in these Terms excludes, restricts or modifies any guarantee, condition, warranty, right or remedy which the User may have under the Competition and Consumer Act 2010 (Cth) or any similar State and Territory legislation and which cannot be excluded, restricted or modified (non-excludable right). To the fullest extent permitted by law, our liability to the User, including liability for a breach of a non-excludable right and liability which is not otherwise excluded under these Terms of Use, is limited, at the Owner’s sole discretion, to the re-performance of the services or the payment of the cost of having the services supplied again.

Common provisions

No Waiver

The Owner’s failure to assert any right or provision under these Terms shall not constitute a waiver of any such right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term.

Service interruption

To ensure the best possible service level, the Owner reserves the right to interrupt the Service for maintenance, system updates or any other changes, informing the Users appropriately.

Within the limits of law, the Owner may also decide to suspend or discontinue the Service altogether. If the Service is discontinued, the Owner will cooperate with Users to enable them to withdraw Personal Data or information and will respect Users' rights relating to continued product use and/or compensation, as provided for by applicable law.

Additionally, the Service might not be available due to reasons outside the Owner’s reasonable control, such as “force majeure” events( infrastructural breakdowns or blackouts etc.).

Service reselling

Users may not reproduce, duplicate, copy, sell, resell or exploit any portion of hippopod.xyz and of its Service without the Owner’s express prior written permission, granted either directly or through a legitimate reselling program.

Privacy policy

To learn more about the use of their Personal Data, Users may refer to the privacy policy of hippopod.xyz.

Intellectual property rights

Without prejudice to any more specific provision of these Terms, any intellectual property rights, such as copyrights, trademark rights, patent rights and design rights related to hippopod.xyz are the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties relating to intellectual property.

All trademarks — nominal or figurative — and all other marks, trade names, service marks, word marks, illustrations, images, or logos appearing in connection with hippopod.xyz are, and remain, the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties related to intellectual property.

Changes to these Terms

The Owner reserves the right to amend or otherwise modify these Terms at any time. In such cases, the Owner will appropriately inform the User of these changes.

Such changes will only affect the relationship with the User from the date communicated to Users onwards.

The continued use of the Service will signify the User’s acceptance of the revised Terms. If Users do not wish to be bound by the changes, they must stop using the Service and may terminate the Agreement.

The applicable previous version will govern the relationship prior to the User's acceptance. The User can obtain any previous version from the Owner.

If legally required, the Owner will notify Users in advance of when the modified Terms will take effect.

Assignment of contract

The Owner reserves the right to transfer, assign, dispose of by novation, or subcontract any or all rights or obligations under these Terms, taking the User’s legitimate interests into account. Provisions regarding changes of these Terms will apply accordingly.

Users may not assign or transfer their rights or obligations under these Terms in any way, without the written permission of the Owner.

Contacts

All communications relating to the use of hippopod.xyz must be sent using the contact information stated in this document.

Severability

Should any provision of these Terms be deemed or become invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.

US Users

Any such invalid or unenforceable provision will be interpreted, construed and reformed to the extent reasonably required to render it valid, enforceable and consistent with its original intent. These Terms constitute the entire Agreement between Users and the Owner with respect to the subject matter hereof, and supersede all other communications, including but not limited to all prior agreements, between the parties with respect to such subject matter. These Terms will be enforced to the fullest extent permitted by law.

EU Users

Should any provision of these Terms be or be deemed void, invalid or unenforceable, the parties shall do their best to find, in an amicable way, an agreement on valid and enforceable provisions thereby substituting the void, invalid or unenforceable parts.
In case of failure to do so, the void, invalid or unenforceable provisions shall be replaced by the applicable statutory provisions, if so permitted or stated under the applicable law.

Without prejudice to the above, the nullity, invalidity or the impossibility to enforce a particular provision of these Terms shall not nullify the entire Agreement, unless the severed provisions are essential to the Agreement, or of such importance that the parties would not have entered into the contract if they had known that the provision would not be valid, or in cases where the remaining provisions would translate into an unacceptable hardship on any of the parties.

Governing law

These Terms are governed by the law of the place where the Owner is based, as disclosed in the relevant section of this document, without regard to conflict of laws principles.

Prevalence of national law

However, regardless of the above, if the law of the country that the User is located in provides for a higher applicable consumer protection standard, such higher standards shall prevail.

Venue of jurisdiction

The exclusive competence to decide on any controversy resulting from or connected to these Terms lies with the courts of the place where the Owner is based, as displayed in the relevant section of this document.

Exception for Consumers in Europe

The above does not apply to any Users that qualify as European Consumers, nor to Consumers based in the United Kingdom, Switzerland, Norway or Iceland.

UK Consumers

Consumers based in England and Wales may bring legal proceedings in connection with these Terms in the English and Welsh courts. Consumers based in Scotland may bring legal proceedings in connection with these Terms in either the Scottish or the English courts. Consumers based in Northern Ireland may bring legal proceedings in connection with these Terms in either the Northern Irish or the English courts.

US Users

Each party specifically waives any right to trial by jury in any court in connection with any action or litigation.
Any claims under these terms shall proceed individually and no party shall join in a class action or other proceeding with or on behalf of others.

US Users

Surviving provisions

This Agreement shall continue in effect until it is terminated by either hippopod.xyz or the User. Upon termination, the provisions contained in these Terms that by their context are intended to survive termination or expiration will survive, including but not limited to the following:

• the User’s grant of licences under these Terms shall survive indefinitely;
• the User’s indemnification obligations shall survive for a period of five years from the date of termination;
• the disclaimer of warranties and representations, and the stipulations under the section containing indemnity and limitation of liability provisions, shall survive indefinitely.

Dispute resolution

Amicable dispute resolution

Users may bring any disputes to the Owner who will try to resolve them amicably.

While Users' right to take legal action shall always remain unaffected, in the event of any controversy regarding the use of hippopod.xyz or the Service, Users are kindly asked to contact the Owner at the contact details provided in this document.

The User may submit the complaint including a brief description and if applicable, the details of the related order, purchase, or account, to the Owner’s email address specified in this document.

The Owner will process the complaint without undue delay and within 7 days of receiving it.

Online dispute resolution for Consumers

The European Commission has established an online platform for alternative dispute resolutions that facilitates an out-of-court method for solving disputes related to and stemming from online sale and service contracts.

As a result, any European Consumer or Consumer based in Norway, Iceland, or Liechtenstein can use such platform for resolving disputes stemming from contracts which have been entered into online. The platform is available at the following link.