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Terms of Service

Updated October 31, 2019
Introduction

By signing up for a Hodi app (“App”) or any of the services (“Service(s)”) of Hodi, Inc. (“Hodi”) you are agreeing to be bound by the following terms and conditions (“Terms of Service”). If we add new features to a current App, they shall be also subject to the Terms of Service. You can review the most current version of the Terms of Service at any time here at enquirelabs.com/privacy. Hodi reserves the right to update and change the Terms of Service at any time, without notice.

Section 1: Account Terms

  1. You must abide by all of Shopify Terms of Service.
  2. You must be 18 years or older to use our Apps.
  3. You may not use our Apps for any illegal or unauthorized purpose, nor may you, in the use of these Apps, violate any laws in your jurisdiction (including but not limited to copyright laws) as well as the laws of the United States or the state of New York.
  4. A breach or violation of any of the Account Terms as determined in the sole discretion of Hodi will result in an immediate termination of your access to apps services.

Section 2: General Conditions

You must read, agree with, and accept all terms and conditions in these Terms of Service and the Privacy Policy before you may use Hodi Apps.

  1. Technical support is provided to all users and can be accessed by emailing our support team at support@enquirelabs.com.
  2. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Apps, use of the Apps, or access to the Apps without the express written permission of Hodi.
  3. You shall not utilize domain names that use Hodi or any Hodi trademarks and/or variations and misspellings thereof without prior written approval from Hodi.
  4. Questions about the Terms of Service should be sent to terms@enquirelabs.com.

Section 3: Hodi Rights

  1. We reserve the right to modify or terminate a Service for any reason, without notice at any time.
  2. We reserve the right to refuse service to anyone for any lawful reason at any time.
  3. We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
  4. Verbal or written abuse of any kind (including threats of abuse or retribution) of any Hodi customer, Hodi employee, member, or officer can result in immediate account termination.
  5. We reserve the right to provide our apps and services to your competitors and make no promise of exclusivity in any particular market segment.

Section 4: Limitation of Liability

  1. You expressly acknowledge, understand and agree that Hodi is not liable for any damages, losses or other claims arising or in any way occurring because of, or resulting from, your use of (or inability to use) Hodi apps or Services, including, without limitation, direct and indirect damages, losses or other claims based on the negligence of Hodi.
  2. You expressly acknowledge, understand and agree that Hodi is not liable for any special, incidental, consequential, exemplary or similar damages in any way occurring because of, or resulting from, your use of (or inability to use) Hodi apps or Services, including, without limitation, damages for lost profits or business interruption and damages based on the negligence of Hodi.
  3. You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, Hodi partners, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
  4. Your use of these Apps is at your sole risk. The Apps are provided on an “as is” and “as available” basis without any warranty or condition, express, implied, or statutory.
  5. Hodi does not warrant that apps or the service will be uninterrupted, timely, secure, or error-free.
  6. Hodi does not warrant that the results that may be obtained from the use of apps or the service will be accurate or reliable.
  7. Hodi does not warrant that the quality of any products, services, information, or other material purchased or obtained by you through the Apps or services will meet your expectations, or that any errors in the Service will be corrected.

Section 5: Waiver and Complete Agreement

The failure of Hodi to exercise or enforce any right or provision of these Terms of Service, from time to time, shall not constitute a waiver of Hodi’s right to do so at any time. The Terms of Service constitutes the entire agreement between you and Hodi regarding your use of Hodi apps or Services. The Terms of Service cannot be modified by you without the consent of Hodi. As set forth in these Terms of Service, the Terms of Service can be amended, modified or replaced by Hodi at any time without your consent. At all times, the most current version of these Terms of Service will be in effect and each amended, modified or replacement Terms of Service supersede any prior Terms of Service.

Section 6: Intellectual Property and Customer Content

  1. We do not claim any intellectual property rights over the material you provide to the Hodi apps or service. All material you upload remains yours.
  2. Subject to the exceptions in the Privacy Policy, we will use customer data to provide the App as permitted by this Agreement. Customer data refers to all electronic data or information via individuals or entities who interact with your online retail presence, that results from your use of the App, including non-public personal information and non-personally identifiable information. This data is collected for the purpose of enabling and optimizing the App for you. As between Hodi and you, you, the Client exclusively owns all rights, title and interest in and to all customer data. Client, however, grants Hodi a royalty-free, perpetual, irrevocable, non-exclusive license to access and analyze this data in order to provide or improve the provision of the App. Hodi may aggregate non-personally identifiable data to use for any purpose, including selling the aggregated information to third parties.
  3. You can remove your Hodi app access or service at any time by canceling your account. This may, but will not necessarily, remove all content you have stored in the Apps. If you wish the App data to be expunged, please send an email to support@enquirelabs.com.
  4. You retain ownership over all content that you submit to a Hodi Enquire App; however, by making your Shopify store public, you agree to allow others to view your content.

Section 7: Payment of Fees

  1. To access Hodi Apps and services, users agree to accept charges and pay recurring charges through their Shopify account for the Apps and services. Failure to accept these charges will result in removal of your access to Hodi Apps and services.
  2. The Apps and services will be billed in 30 day intervals. When your billing period is over, Hodi users will be sent an invoice via email from Shopify. As well, an invoice will appear on the account page of your Shopify admin console. Users have 14 days to bring up and settle any issues with the billing.
  3. Billing and invoicing is conducted via Shopify for Hodi’s Post-Purchase Survey App sold in the Shopify App store. Billing and invoicing for Hodi’s Same-Day Delivery app is handled via hodi.today. This is due to Hodi passing 100% of delivery costs directly to merchant.
  4. All billing terms and payment of fees are subject to Shopify’s Terms of Service with respect to Payment of Fees.

Section 8: Cancellation and Termination

  1. You may cancel your account at anytime by uninstalling the Apps from your Shopify administrative panel.
  2. Once cancellation is confirmed, your Content may be deleted from the Apps or services. Since deletion of all data is final, please be sure that you do in fact want to cancel your account before doing so.
  3. If you cancel access to the Apps in the middle of the month, you will be charged for the current month and have continued access to the Apps until the end of the current billing cycle.
  4. We reserve the right to modify or terminate the Hodi apps or service for any reason, without notice, at any time.

Section 9: Modifications to the Service and Prices

  1. Prices for using Hodi Apps and services are subject to change upon 30 days notice from Hodi. Such notice may be provided at any time by posting the changes to the Hodi Site (hodi.today), email, or the administration menu of your Shopify store via an announcement.
  2. Hodi reserves the right at any time to time to modify or discontinue the Apps (or any part thereof) with or without notice.
  3. Hodi shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Apps or services.

Hodi Inc, Office:

Hodi, Inc.

240 Kent Ave

Brooklyn, NY 11215

Have a question about our Terms? Get in touch