Updated 10/05/2019
Welcome to iHook.
This iHook Services Agreement (“Agreement”) is a legal agreement between iHook, Limited (“iHook, “us”, or “we”) and the entity or person (“you”, “your”, or “user”) who registered on the iHook Account page to receive certain webhook processing, data, technology and analytics services, and other business services that may be offered by iHook and its affiliates (each, a “Service”). This Agreement describes the terms and conditions that apply to your use of the Services.
You may not access or use any Services unless you agree to abide by all of the terms and conditions in this Agreement.
We may revise these Terms from time to time. If we do, those revised Terms will supersede prior versions. Unless we say otherwise, revisions will be effective upon the effective date indicated at the top of these Terms. We will provide you advance notice of any material revisions. This notice will be provided in your iHook account portal or via an e-mail to the e-mail address owner of your iHook account. For other revisions, we will update the effective date of these Terms at the top of the page. We encourage you to check the effective date of these Terms whenever you visit iHook's website or log in to your iHook account. Your continued access or use of the Services constitutes your acceptance of any revisions. If you do not agree to the revisions, you should stop using the Services.
To use the Services, you will be asked to create a iHook account. As part of the account creation process, you’ll be asked to provide your e-mail address, create a password. Until you register for a iHook account, your access to the Services will be limited to what is available to the general public. When registering for a iHook account, you must provide true, accurate, current and complete information about yourself as requested during the account creation process.
You are solely responsible for all use (whether or not authorized) of the Services under your iHook account(s), including the quality and integrity of your Customer Data and each Customer Application (as defined below). You are also solely responsible for all acts and omissions of anyone who has access to or otherwise uses any Customer Application (“End Users”). You agree to take all reasonable precautions to prevent unauthorized access to or use of the Services and will notify us promptly of any unauthorized access or use. We will not be liable for any loss or damage arising from unauthorized use of your iHook account(s). You will be solely responsible, at your own expense, for acquiring, installing and maintaining all hardware, software and other equipment as may be necessary for you and each End User to connect to, access, and use the Services.
We will make the iHook Services available to you in accordance with this service level agreement (“iHook SLA”), which may be updated from time to time. You may use the iHook Services, on a non-exclusive basis, solely to: a) Use the Documentation and iHook APIs as needed to develop your Application; b) Use and make the iHook Services available to End Users in connection with the use of each Customer Application in accordance with the Documentation.
When you sign up for an iHook account, we ask for certain information like your email address so we can communicate with you. We also collect some information automatically, like your IP address, when you log in to your account. We use this to understand who is using our services and how, and to detect, prevent and investigate fraud, abuse, or security incidents.
iHook will store customer data as long as needed to provide you with our services and to operate our business. If you ask iHook to delete specific personal information from your account data, we will honor this request unless deleting that information prevents us from carrying out necessary business functions, like billing for our services, calculating taxes, or conducting required audits.
We do not sell or allow customer data to be used by third parties for their own marketing purposes, unless you ask us to do this or give us your consent to do this. Further, we do not sell your end users’ personal information. And, we do not share it with third parties for their own marketing or other purposes, unless you instruct us to do so.
With regard to the iHook Services, you agree that: a) You will not transfer, resell, lease, license or otherwise make available the iHook Services to third parties or offer them on a standalone basis; b) You will ensure that the iHook Services are used in accordance with all applicable Law and third party rights, as well as these Terms, as amended from time to time; c) You will ensure that we are entitled to use your Customer Data, as needed to provide the iHook Services; d) You will not use the iHook Services in any manner that violates any applicable Law; and e) Except as allowed by applicable Law, you will not reverse engineer, decompile, disassemble or otherwise create, attempt to create or derive, or permit or assist anyone else to create or derive the source code of any software provided in connection with the iHook Services.
6.1 Fees. You agree to pay fees in accordance with the rates listed in the pricing section of our homepage.
Additionally, we will charge you, and you shall pay any and all additional costs, fines, or penalties we incur from a governmental or regulatory body as a result of your use of the Services in violation of these Terms.
6.2 Taxes. You shall be responsible for and shall pay all Taxes imposed on or with respect to the Services that are the subject of this Agreement whether such Taxes are imposed directly upon you or upon us. “Taxes” mean all applicable federal, state and local taxes, fees, charges.
6.3 Payment Terms. You will make all of the payments due hereunder to iHook Inc. for the iHook Services via credit card. If, for any reason, your payment method becomes invalid, then we reserve the right to suspend the Services, we will have no liability for any damage, liabilities, losses (including any loss of data or profits) or any other consequences that you may incur with connection with any such suspension.
6.4 Fee Disputes. You must notify us in writing if you dispute any portion of any fees paid or payable by you pursuant to these Terms. You must provide that written notice to us within sixty (60) days of the date we bill you for the charge you want to dispute, and we will work together with you to resolve the dispute promptly.
7.1 INDIRECT DAMAGES. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, WILL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY CHARACTER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, LOST PROFITS, LOST SALES OR BUSINESS, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, LOST DATA, OR FOR ANY AND ALL OTHER DAMAGES OR LOSSES, EVEN IF A PARTY HAD BEEN ADVISED, KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
7.2 DIRECT DAMAGES.UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, WILL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY DIRECT DAMAGES, COSTS OR LIABILITIES IN EXCESS OF THE AMOUNTS PAID OR PAYABLE BY YOU DURING THE TWELVE (12) MONTHS PRECEDING THE INCIDENT OR CLAIM. THIS SECTION 14.2 SHALL NOT LIMIT (A) YOUR LIABILITY ARISING FROM YOUR BREACH OF SECTION 5 (RESTRICTIONS AND REQUIREMENTS), SECTION 10 (FEES, PAYMENT TERMS, AND TAXES), OR SECTION 11.3 (USE OF MARKS); OR (B) EITHER PARTY’S INDEMNIFICATION OBLIGATIONS PURSUANT TO THESE TERMS.
THE PROVISIONS OF THIS SECTION 7 ALLOCATE THE RISKS PURSUANT TO THESE TERMS BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THE LIMITATIONS SET FORTH HEREIN IN DETERMINING WHETHER TO ENTER INTO THESE TERMS.
7.3 EMERGENCY SERVICES DISCLAIMER. THE SERVICES ARE NOT INTENDED TO SUPPORT OR CARRY EMERGENCY CALLS OR SMS MESSAGES TO ANY EMERGENCY SERVICES. NEITHER IHOOK NOR ITS REPRESENTATIVES WILL BE LIABLE UNDER ANY LEGAL OR EQUITABLE THEORY FOR ANY CLAIM, DAMAGE, OR LOSS (AND CUSTOMER WILL HOLD IHOOK HARMLESS AGAINST ANY AND ALL SUCH CLAIMS) ARISING FROM OR RELATING TO THE INABILITY TO USE THE SERVICES TO CONTACT EMERGENCY SERVICES.
Upon termination of these Terms, your payment obligations, the terms of this Section 8, and the terms of the following Sections will survive (i.e. still apply): Section 4 (Customer Data), Section 6 (Fees, Payment Terms, and Taxes), Section 7 (Limitation of Liability; Emergency Services), and Section 9 (Agreement to Arbitrate).
Before bringing a formal legal case, please first try contacting our Customer Support. Most disputes can be resolved that way.
9.1 We Both Agree to Arbitrate. If a dispute cannot be resolved through our Customer Support Team, you or any of your affiliates on one hand and iHook and any of iHook's affiliates on the other hand, all agree to resolve any dispute relating to these Terms or in relation to the Services by binding arbitration in San Francisco, California, or in another location that we have both agreed to. If we have a dispute about whether this agreement to arbitrate can be enforced or applies to our dispute, we all agree that the arbitrator will decide that, too.
Pursuant to this Section 9 (Agreement to Arbitrate), you understand that you and your affiliates and iHook and its affiliates are giving up the right to have a judge and/or jury resolve any controversy or claim arising out of or relating to these Terms or the Services.
9.2 Class Action Waiver. Both you and your affiliates, on one hand, and iHook and its affiliates on the other hand, agree that any claims or controversies between us must be brought against each other on an individual basis only. That means neither you and your affiliates on one hand nor iHook and its affiliates on the other hand can bring a claim as a plaintiff or class member in a class action, consolidated action, or representative action. The arbitrator cannot combine more than one person’s or entity’s claims into a single case, and cannot preside over any consolidated, class or representative proceeding (unless we agree otherwise). And, the arbitrator’s decision or award in one person’s or entity’s case can only impact the person or entity that brought the claim, not other iHook customers, and cannot be used to decide other disputes with other customers. If a court decides that this Section 9.2 (Class Action Waiver) is not enforceable or valid, then the entire Section 9 (Agreement to Arbitrate) will be null and void (i.e., go away). But, the rest of the Terms will still apply.
If you do not understand any of the terms of this Agreement, please contact us.