Terms & Conditions
Last Updated: Nov 21, 2024
These Terms and Conditions (the "Terms") govern your access to and use of the e-learning tools and chatbot services (the "Services") provided by Hopkee AI ("we," "us," or "our"), a company based in Canada. By accessing or using our Services, you ("you" or "User") agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use our Services.
1. Acceptance of Terms
By accessing and using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms, our Privacy Policy (available at https://www.gethopkee.com), and any additional guidelines or rules posted in connection with specific features or content of the Services.
2. Description of Services
Hopkee AI provides e-learning tools and resources delivered through a chatbot interface. These Services may include, but are not limited to:
Delivery of training materials and educational content.
Interactive learning modules and assessments.
Tracking of user progress and completion.
Communication and support via the chatbot.
We may update, modify, suspend, or discontinue any aspect of the Services at any time without notice.
3. User Accounts (if applicable)
Your employer may create an account for you to access the Services. If you are responsible for maintaining the security of your account credentials, you agree to:
Provide accurate and complete information when creating or using your account.
Maintain the confidentiality of your username and password.
Notify us immediately of any unauthorized access to or use of your account.
Be responsible for all activities that occur under your account.
4. Acceptable Use
You agree to use the Services in a lawful and responsible manner. You shall not:
Use the Services for any illegal or unauthorized purpose.
Interfere with or disrupt the operation of the Services or the servers and networks connected to the Services.
Attempt to gain unauthorized access to any portion of the Services, user accounts, or computer systems or networks.
Transmit any viruses, malware, or other harmful code.
Engage in any activity that could damage, disable, overburden, or impair the Services.
Scrape, reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services without our express written permission.
Use the Services to transmit any content that is unlawful, harassing, defamatory, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable.
Infringe upon the intellectual property rights of Hopkee AI or any third party.
5. Intellectual Property
All content included in or made available through the Services, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Hopkee AI or its licensors and is protected by Canadian and international copyright, trademark, and other intellectual property laws.
You are granted a limited, non-exclusive, non-transferable, and revocable license to access and use the Services and the content therein solely for your internal employee training purposes as intended by your employer and Hopkee AI. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the content without our prior written consent, except as expressly permitted by these Terms or the functionality of the Services.
6. User-Generated Content (if applicable)
If the Services allow you to submit, post, or otherwise make available content ("User Content"), you retain ownership of your User Content. However, by submitting User Content, you grant Hopkee AI a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, and sublicensable right to use, reproduce, modify, adapt, publish, translate, distribute, and display such User Content in connection with the Services.
You represent and warrant that you have all necessary rights to grant the licenses in this section and that your User Content does not violate any third-party rights or applicable laws. You are solely responsible for your User Content and the consequences of submitting it.
7. Disclaimer of Warranties
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
HOPKEE AI DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION PROVIDED THROUGH THE SERVICES. ANY RELIANCE YOU PLACE ON SUCH INFORMATION IS STRICTLY AT YOUR OWN RISK.
8. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HOPKEE AI, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, EVEN IF HOPKEE AI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL HOPKEE AI'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES EXCEED THE AMOUNT, IF ANY, PAID BY YOUR EMPLOYER TO HOPKEE AI FOR YOUR ACCESS TO THE SERVICES.
9. Indemnification
You agree to indemnify, defend, and hold harmless Hopkee AI, its affiliates, officers, directors, employees, agents, suppliers, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:
Your use of or access to the Services.
Your violation of these Terms.
Your User Content (if applicable).
Your violation of any third-party rights, including intellectual property rights or privacy rights.
10. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to its conflict of law principles.
Any dispute arising out of or relating to these Terms or the Services shall be exclusively resolved in the courts of the Province of Ontario, and you hereby consent to the jurisdiction of such courts.
11. Termination
We may terminate or suspend your access to the Services, in whole or in part, at any time, with or without cause and without notice. Upon termination, your right to use the Services will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, intellectual property provisions, disclaimers of warranties, limitations of liability, and indemnification.
12. Entire Agreement
These Terms, together with our Privacy Policy and any other legal notices published by us on the Services, constitute the entire agreement between you and Hopkee AI concerning the Services and supersede all prior and contemporaneous communications and proposals, whether oral or written.
13. Severability
If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect.
14. Waiver
Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.
15. Contact Us
If you have any questions about these Terms, please contact us at: hello@gethopkee.com