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Hopscotch Terms of Service

Updated: November 8, 2023
Effective: November 8, 2023

Introduction

The Hopscotch family of affiliates (“Company” or “we”) to which these Terms apply, includes HOPSCOTCH LABS LIMITED, a company incorporated in Ireland under registration number 686139 and having its registered office at 10 Earlsfort Terrace, Dublin 2, D02 T380.

All Hopscotch web pages (“Site” or “Website”) served within the hopscotch.trade domain and subdomains, and associated Applications (“App” or “DApp”) are subject to the Terms and Conditions set forth below. Any use of such Websites and Apps constitutes the user's agreement to abide by these Terms. These Terms apply to all users of our Site and Apps, including but not limited to buyers, sellers, independent third-party verifiers facilitated through the platform (“Third-Party Verifiers”), and users of any automated verification tools or services provided directly by Hopscotch (“Hopscotch Automated Verification Tools”).

We may amend these Terms at any time by posting the amended Terms on our Site and within the App. For more information, see the Changes to Our Terms of Service section of this document.

When you visit and use our Sites and Apps, or send us emails or contact us in other ways, you are communicating with us electronically. We will communicate with you by email or by posting notices on our Sites and within our Apps. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Hopscotch is a platform designed to facilitate various legitimate activities related to buying, selling, and verifying goods and services, similar in scope and intent to general online marketplaces and service platforms. Users are permitted to engage in activities typically found on platforms such as Facebook Marketplace, eBay and Upwork, provided these activities comply with all other provisions of these Terms of Service and applicable laws.

Specifically, and without limitation, allowed activities include:

  • Listing items for sale or seeking items for purchase.
  • Communicating with other users regarding listings, transactions, or services.
  • Arranging for the exchange of legitimate goods or the provision of services.
  • Utilizing verification services (including through Third-Party Verifiers and Hopscotch Automated Verification Tools) as described in these Terms.
  • As an independent Third-Party Verifier, offering and performing verification services directly to other users through the platform.
  • Providing and receiving feedback on transactions and user interactions.

All activities on the Hopscotch platform must be conducted in a lawful, ethical, and respectful manner, and must not violate any applicable laws or regulations. Users are responsible for ensuring their activities, listings, and communications do not infringe upon the rights of others, promote illegal or harmful content, or otherwise constitute misuse of the platform. Any conduct that is disruptive, fraudulent, or harms the integrity of the Hopscotch platform or its users is strictly prohibited and may result in limited access to services or removal from the platform.

Third-Party Verifiers:

Hopscotch facilitates connections between buyers and sellers who may choose to engage a Third-Party Verifier to inspect and report on items. Third-Party Verifiers are independent third parties with knowledge in specific product categories. While Hopscotch provides the platform for these interactions, Third-Party Verifiers are responsible for conducting their inspections with due care and in good faith based on the information and access provided to them.

The scope of a Third-Party Verifier's inspection and the nature of their report may vary depending on the item and the terms agreed upon for the verification service. Users engaging a Third-Party Verifier acknowledge that verification is based on the Third-Party Verifier's professional judgment at the time of inspection and is not an exhaustive guarantee of an item's condition or authenticity for all future circumstances.

Hopscotch Automated Verification Tools:

Hopscotch may provide Automated Verification Tools that use algorithms and data analysis to assess certain aspects of items or transactions. These tools offer helpful insights but are not a substitute for expert inspection or user due diligence.

Results from these tools depend on the data available at the time, which may be incomplete or subject to change. Outputs are informational and do not constitute guarantees of an item's condition, authenticity, legality, or value.

Furthermore, Hopscotch may employ these Automated Verification Tools as a component of its Alternative Dispute Resolution (ADR) process. In specific circumstances, and at Hopscotch's discretion, these tools may analyze relevant data (e.g., communications, transaction history, item information) to assist in, facilitate, or render a resolution for disputes between buyers and sellers. This ADR function can include determining the allocation or disposition of funds related to the transaction.

By using Hopscotch, you agree that such automated resolutions, when utilized within our ADR process, are a part of our platform's operational procedures. You acknowledge the inherent limitations of automated decision-making tools and accept that outcomes may differ from those of human-led adjudication, even when these tools are applied in good faith based on the available data.

All content provided on our Sites and within our Apps is owned by or licensed to Hopscotch and/or its affiliates (the “Hopscotch Content”) and protected by United States and International Copyright Laws. Hopscotch and its licensors retain all proprietary rights to the Hopscotch Content. The Hopscotch Content may not be reproduced, transmitted, or distributed without the prior written consent of Hopscotch.

The Hopscotch logo is a trademark of Hopscotch and its affiliated companies.

Hopscotch grants you a limited license to access and make personal use of its Websites and Apps, subject to these Terms and Conditions. Our Sites, Apps, and any portion thereof may not be reproduced, duplicated, copied, downloaded, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of Hopscotch.

You may not frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout and form) of Hopscotch and/or its affiliates without the express written consent of Hopscotch.

You may not use any meta tags or any other “hidden text” utilizing Hopscotch' Name or Marks without the express written consent of Hopscotch. Any unauthorized use terminates the license granted by Hopscotch.

Certain statements included in our Websites and Apps are forward-looking. These forward-looking statements are based on certain assumptions and reflect our current expectations. As a result, forward-looking statements are subject to a number of risks and uncertainties that could cause actual results or events to differ materially from current expectations.

Some of the factors that could cause actual results to differ materially from current expectations are financial market and macro-economic risk and legal, regulatory, and jurisdictional license risk, as well as those included in materials that we from time-to-time file with, or furnish to, various regulatory authorities, including the United States Securities and Exchange Commission (SEC) and the Central Bank of Ireland (CBI).

There is no assurance that any forward-looking statements will materialize. You are cautioned not to place undue reliance on forward-looking statements, which reflect expectations only as of the date of this provision. Except as it may be required by applicable law, we disclaim any intention or obligation to update or revise any forward-looking statements.

OUR SITES, APP, AND HOPSCOTCH AUTOMATED VERIFICATION TOOLS (INCLUDING ALL OUTPUTS AND ANY RESOLUTIONS WITHIN OUR ALTERNATIVE DISPUTE RESOLUTION (ADR) PROCESS) ARE PROVIDED “AS IS” AND “AS AVAILABLE.” HOPSCOTCH MAKES NO WARRANTIES, EXPRESS OR IMPLIED, REGARDING THEIR OPERATION, FUNCTION (INCLUDING ADR OUTCOMES), OR ANY INCLUDED CONTENT. YOUR USE, INCLUDING AGREEMENT TO AUTOMATED ADR RESOLUTIONS, IS AT YOUR SOLE RISK.

TO THE FULLEST EXTENT PERMITTED BY LAW, HOPSCOTCH DISCLAIMS ALL WARRANTIES (EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE) CONCERNING THE SITE, APP, AND HOPSCOTCH AUTOMATED VERIFICATION TOOLS (AND THEIR OUTPUTS, DECISIONS, OR RESOLUTIONS). WE DO NOT WARRANT OUR SITE, APP, AUTOMATED TOOLS, OR THE SYSTEMS AND SERVERS THAT SUPPORT THEM, ARE FREE OF HARMFUL COMPONENTS. WE MAKE NO WARRANTY FOR THE ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS, FAIRNESS, OR APPROPRIATENESS OF ANY INFORMATION, ASSESSMENTS, OR RESOLUTIONS (INCLUDING FINANCIAL) FROM OUR AUTOMATED TOOLS, USED INFORMATIONALLY OR IN ADR. YOU ACKNOWLEDGE THESE TOOLS USE DATA THAT MAY BE INCOMPLETE OR CHANGE AND HAVE INHERENT LIMITATIONS.

LIMITATION OF LIABILITY (HOPSCOTCH): TO THE FULLEST EXTENT PERMITTED BY LAW, HOPSCOTCH AND ITS PERSONNEL SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES FROM YOUR USE OF OUR SITE, APP, OR HOPSCOTCH AUTOMATED VERIFICATION TOOLS. THIS INCLUDES DAMAGES FROM ANY INFORMATION, ASSESSMENTS, OR RESOLUTIONS (INCLUDING FINANCIAL ALLOCATIONS) MADE, FACILITATED, OR OMITTED BY SUCH TOOLS (IN ADR OR OTHERWISE), OR FROM ANY CONTENT OR ITEMS VIA OUR SERVICES, REGARDLESS OF LEGAL THEORY OR IF ADVISED OF SUCH DAMAGES. OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS UNDER THESE TERMS OR FROM OUR SERVICES OR AUTOMATED TOOLS (INCLUDING ADR RESOLUTIONS) WILL NOT EXCEED THE GREATER OF $100 OR FEES YOU PAID US FOR THE RELEVANT SERVICE/TRANSACTION IN THE PRIOR 12 MONTHS. THESE LIMITATIONS ARE A FUNDAMENTAL BASIS OF THIS AGREEMENT; HOPSCOTCH WOULD NOT PROVIDE THESE SERVICES (INCLUDING AUTOMATED TOOLS AND ADR) WITHOUT THEM.

THIRD-PARTY VERIFIER SERVICES AND LIABILITY:

YOU ACKNOWLEDGE THIRD-PARTY VERIFIERS ARE INDEPENDENT CONTRACTORS, NOT HOPSCOTCH AGENTS. HOPSCOTCH CONNECTS USERS WITH THEM BUT DOES NOT PERFORM OR GUARANTEE THEIR VERIFICATIONS.

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE THIRD-PARTY VERIFIERS ARE NOT LIABLE FOR LOSSES OR DAMAGES FROM THEIR VERIFICATION SERVICES, PROVIDED SUCH SERVICES WERE RENDERED IN GOOD FAITH. THIS APPLIES REGARDLESS OF THE CAUSE OF ACTION.

THIS LIMITATION IS FUNDAMENTAL TO THE PROVISION OF THIRD-PARTY VERIFICATION SERVICES. HOWEVER, THIS BROAD LIMITATION OF THEIR LIABILITY DOES NOT APPLY IN CASES OF THEIR PROVEN FRAUD, WILLFUL MISCONDUCT, OR GROSS NEGLIGENCE, AS DETERMINED BY A FINAL COURT JUDGMENT.

DISPUTES CONCERNING A THIRD-PARTY VERIFIER'S SERVICES SHOULD BE ADDRESSED VIA HOPSCOTCH'S APPLICABLE DISPUTE MECHANISMS. YOU RELEASE THIRD-PARTY VERIFIERS FROM ALL CLAIMS BEYOND SUCH MECHANISMS, SUBJECT TO THESE TERMS AND APPLICABLE LAW.

It is our policy to post any changes we make to our Terms of Service with a notice that the Terms of Service have been updated on the Website home page and App login. The date these Terms were last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Website and these Terms to check for any changes.

To ask questions or comment about these Terms and Conditions, contact us at:

Hopscotch Labs Limited
10 Earlsfort Terrace
Dublin 2, D02 T380
Ireland

 compliance@hopscotch.trade