Terms of Use for hoggo
Hey there!
Welcome to hoggo.io! We’re really happy to have you here, whether you’re exploring our website, trying out our free trial version of the privacy risk solution, using the full paid version, or even checking out some of our beta features and products (which we’re super excited about).
Now, we know these “Terms of Use” are a bit formal and filled with legal jargon, but they’re pretty important because they outline the rules and conditions that govern your use of our Services and they help protect both you and us by establishing clear expectations and responsibilities. By agreeing to these terms, you’re ensuring a fair and secure experience for everyone involved. So, it’s worth taking a moment to read through them and understand what you’re agreeing to.
Remember, if you have any questions or concerns about these terms or anything else, feel free to reach out to us at hello@hoggo.io. We’re here to help!
And now, let the fun begin!
hoggo.io (“hoggo”, “Company”, “we” or “us”) welcomes you (the “User”, “you”, or “your”) to our: (i) website at www.hoggo.io and any additional website or webpages owned and/or operated by hoggo (the “Site”), (ii) our free trial version (“Free Trial Services”) of our privacy risk solution (“Platform”) ; (iii) our full paid version of our Platform for individuals who register as end users or otherwise interact with third parties via our Platform (“End User(s)”), and/or (iv) the beta version of any of our features and/or products that you may receive access to (collectively we refer to all of these as the “Services”).
By accessing and using our Services, you’re agreeing to the terms and conditions laid out in these “Terms of Use.” This includes our Privacy Policy, which you can find here (the Terms of Use and the Privacy Policy we’ll collectively call the “Terms”). If you don’t agree to these Terms, please refrain from using our Services.
If you’re agreeing to these Terms on behalf of a company or another legal entity, you confirm that you have the authority to bind that entity to these Terms. By accepting these Terms, you also confirm that any information you provide us through the Services is true, accurate, and complete.
Services
These Terms govern your access and use of the Services and specifically the following:
- Use of hoggo. Your use of the hoggo services as chosen by you through our Platform or as otherwise agreed upon in an order form.
- hoggo Free Trial Services. The hoggo Free Trial Services offers Users a free, limited version of the hoggo cloud-based SaaS platform for a short trial evaluation basis. The Free Trial Services enables Users to get a feel for the platform for a limited period. The Free Trial Services may offer limited features and functionality.
- Site. Our Site offers basic information on our company, technology and various products and features we offer. You may also contact hoggo through our Site or a landing page of an ad to access certain Services.
- Beta Version. We may sometimes offer you access to our beta version of exciting new features of products. Access to such beta versions are limited and may stop at any time.
The license to use some of the Services (such as the Free Trial Services and/or Beta Version) is provided, as of the date hereof, free of charge. hoggo reserves the rights to cease such free-of-charge license and use and charge fees therefore at any time subject to terms to be separately agreed.
hoggo reserves the right to modify, correct, amend, enhance, improve, make any other changes to, or discontinue, temporarily or permanently the Services (or any part thereof) without notice, at any time and at its sole discretion. You agree that you will not hold hoggo liable for any modification, suspension, or discontinuance of our Services.
Accounts & Passwords
To use the Services, you might need to create a User account and provide some details to set it up (“Account“). If you’re not logging in through a third-party network like Google SSO, you’ll also need to create a password for your Account. It’s important that you keep your Account and password confidential and not share them with anyone else. Make sure to log out of your Account after each session, especially when using public or shared computers. If you suspect any unauthorized access or misuse of your Account or password, please let us know immediately at legal@hoggo.io. We take the security of your Account seriously and appreciate your cooperation in keeping it safe.
Eligibility
You need to be 18 years or older to use the Services. We may ask for proof of age to make sure that minors aren’t using the Services. If we find out that someone under 18 is using the Services, we’ll stop them from accessing it and do our best to delete any data related to them as soon as possible.
User Representations and Undertakings; Indemnification
You represent and warrant that while using the Services, you (a) have the authority to agree to these Terms without any restrictions or obligations that would prevent you from fulfilling your responsibilities; (b) will only provide information that is true and accurate when completing information about your company; (c) when claiming a hoggo passport, you have the binding authority of your company to do so; (d) have the authority to follow all applicable laws, rules, and regulations related to using the Services; (e) haven’t been blocked, suspended, or kicked out from using the Services before; (f) won’t let someone else do any of the things mentioned above on your behalf; and (g) won’t infringe or violate any of these Terms. You also agree to defend, indemnify, and hold harmless hoggo against any claims, damages, losses, costs, and expenses that may arise from your failure to meet these obligations.
Rights to Access and Use
Subject to these Terms, you have a special permission from hoggo to access and use the Services. This permission is limited, personal, and non-exclusive, which means you can’t transfer, assign, or sublicense it to anyone else. hoggo can also decide to revoke this permission in accordance with these Terms. The purpose of using the Services must align with their intended use as described in the provided documentation and only for your own internal use.
When it comes to the Free Trial Services or the Beta Version, you have a temporary license to access and use the applicable software components that come with them. This license is also limited, personal, and non-exclusive, and you can’t transfer, assign, or sublicense it. hoggo can revoke this license at its discretion. The Trial Period for the Free Trial Services or the Beta Versions can change between the different Free Trial Services or Beta Versions depending on the time/usage limitations set forth in the relevant usage instructions for a specific aspect of the Services or at the discretion of hoggo.
Use Restrictions & User Data
Use Restriction: There are certain things you must not do when using the Services. If you fail to follow these rules, hoggo can decide to suspend or terminate your access to the Services. It’s important to understand that hoggo has the final say in this matter, and not following these rules could also lead to legal consequences.
Apart from the rights explicitly mentioned in these Terms, you don’t have any other rights or interests related to the Services. To put it simply, you can’t do the following things: (a) make the Services available to anyone, or use the Services for the benefit of anyone, unless expressly agreed otherwise with hoggo; (b) use the Services to store or transmit infringing, libellous or otherwise unlawful or tortious material, or use the Services to store or transmit material in violation of third-party rights; (c) reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how or algorithms relevant to the Services, or access the Services to build a competitive product or service, including any product or service using similar ideas, features, functions or graphics; (d) modify, copy, translate, or create derivative works based on the Services; (e) sell, resell, license, sublicense, distribute, rent or lease the Services or include the Services in a timeshare or service bureau offering or use the Services in an excessive manner which does not reflect reasonable usage for the type of services offered; (f) remove any proprietary notices, restrictions, signs, or labels; (g) scrape, extract, or otherwise collect information from the platform without explicit written consent from hoggo; (h) use the Services to send unsolicited bulk commercial email of any kind, regardless of the content or nature of such messages; (i) interfere or attempt to interfere with the integrity or proper working of the Services; or (j) use the Services in any manner not expressly authorized by these Terms or otherwise not in accordance with applicable law;
User Data: User Data is important and we want to make sure we can provide the Services properly. So, when you upload or send any data, information, or material to the Services (“User Data“), you’re giving hoggo and its contractors a permission to host, copy, use, display, and transmit that User Data as needed for us to provide and ensure proper operation of the Services. This permission doesn’t mean we own your User Data or have any special rights to it. You and your licensors still own all the rights and interests in your User Data, including intellectual property rights.
You are responsible for your User Data when you share it with us or publish it on the Services. You should only upload User Data that you have the right to use and that doesn’t violate anyone else’s rights. We trust that you either own the User Data or have the necessary licenses, rights, consents, and permissions to use it.
It’s also important to note that any User Data you enter into the Free Trial Services or Beta Versions will be permanently deleted unless you purchase a subscription for the same services covered by the Free Trial Services or Beta Versions or export your User Data before the Trial Period ends. So, make sure to take the necessary steps to save your data if you decide not to continue using the Services beyond the Trial Period.
Confidentiality
Definition of Confidential Information. For purposes of these Terms, “Confidential Information” shall mean any non-public information disclosed by either party (the “Disclosing Party”) to the other party (the “Receiving Party”), either directly or indirectly in writing, orally, or by inspection of tangible objects: (a) that the disclosing party identifies as confidential or proprietary at the time of disclosure; or (b) that reasonably appears to be confidential or proprietary because of legends or other markings, the circumstances of disclosure, or the nature of the information itself. Confidential Information of User includes User Data; Confidential Information of hoggo includes the Free Trial Services or Beta Versions and any documentation included in, related to, or referred to in the Services. Notwithstanding the foregoing, Confidential Information shall not include any information that the Receiving Party can document (i) is or becomes (through no breach by the Receiving Party of these Terms or any other obligation of confidentiality applicable to the Receiving Party) generally available to the public; or (ii) was lawfully in its possession or known by it prior to receipt from the Disclosing Party; or (iii) was rightfully disclosed to it without restriction by a third party who is not bound by any confidentiality obligations with respect thereto; or (iv) is independently developed by the Receiving Party without use of or reference to the Confidential Information.
Protection of Confidential Information. As between the parties, each party retains all ownership rights in and to its Confidential Information. The Receiving Party will use the same degree of care that it uses to protect the confidentiality of its own confidential information of like kind (but not less than reasonable care) to: (a) not use any Confidential Information of the Disclosing Party for any purpose outside the scope of these Terms; and (b) except as otherwise authorized by the Disclosing Party in writing, limit access to Confidential Information of the Disclosing Party to those of its and its Affiliates’ employees and contractors who need that access for purposes consistent with these Terms and who have signed confidentiality agreements with the Receiving Party containing protections not materially less protective of the Confidential Information than those herein.
Compelled Disclosure. The Receiving Party may disclose Confidential Information of the Disclosing Party to the extent compelled by law to do so, provided the Receiving Party gives the Disclosing Party prior notice of the compelled disclosure (to the extent legally permitted) and reasonable assistance, at the Disclosing Party’s cost, if the Disclosing Party wishes to contest the disclosure.
Intellectual Property Rights
Intellectual Property Rights. The Services the designs, logos, graphics, icons, images, text, as well as the selection, assembly and arrangement thereof, algorithms, hoggo’s proprietary software, and any and all intellectual property rights pertaining thereto, including, without limitation, inventions, patents and patent applications, trademarks, trade names, copyrightable materials (including the “look and feel” of the Services and any part thereof), specifications, methods, procedures, information, know-how, data, technical data, interactive features, source and object code, files, interface, GUI and trade secrets, whether or not registered and/or capable of being registered (collectively, “Intellectual Property”), are owned by and/or licensed to hoggo, and are subject to copyright and other intellectual property under applicable laws and international conventions.
Trademarks. All logos and other proprietary identifiers used by hoggo in connection with the Services, and other hoggo products and services, (“hoggo Trademarks”) are all trademarks and/or trade names of hoggo, whether or not registered. All other trademarks, service marks, trade names and logos, which may appear on or with respect to the Services belong to their respective owners (“Third-Party Marks”). No right, license, or interest to hoggo Trademarks and/or to the Third-Party Marks is granted hereunder, and you agree that no such right, license, or interest shall be asserted by you with respect to hoggo Trademarks or the Third-Party Marks and you will not use any of these marks, unless expressly permitted to do so.
Feedback. User hereby grants hoggo a perpetual, irrevocable, royalty-free, and fully paid-up right and license to use in any manner any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by User related to the Services or other hoggo products or services, including for the purpose of improving and enhancing the Services, provided that User is not referenced in such use (unless otherwise agreed upon between hoggo and User). User hereby represents and warrants that it shall not provide any Feedback which is subject to any third-party rights or any limitations, and, without derogating from the foregoing, shall promptly inform hoggo as soon as it becomes aware of any third- party right or limitation which may apply to Feedback already provided.
Usage Information. Notwithstanding anything to the contrary, hoggo may collect and analyze information and data (that is not personal data) relating to the provision, use and performance of various aspects of the Services and related systems and technologies (including, without limitation, information concerning User Data and data derived therefrom), and hoggo will be free (during and after the term hereof) to: (a) use such information and data to improve and enhance the Services and for other development, diagnostic and corrective purposes in connection with the Services and other hoggo offerings; and (b) disclose such information and data (that is not personal data) in aggregated or other anonymized forms in connection with its business and/or academic research.
Privacy
In order to run the Services smoothly, keep things working properly, and ensure everyone’s safety, hoggo gathers, handles, and stores data. Some of this data might be personal data. We have a Privacy Policy that explains what kind of personal data we collect, how we collect it, and how we handle it. You can find our Privacy Policy here. Before you start using the Services, please take the time to read and agree to the Privacy Policy. It’s an important part of how we operate, and it’s incorporated into these Terms.
Third Party Services
The Services might have links to other websites and services that belong to third parties (“Third-Party Services“). These Third-Party Services are separate from the Services we provide. We want you to know that hoggo doesn’t control these Third-Party Services, and we’re not responsible for their availability. We don’t endorse or take any responsibility for the goods, services, content, ads, products, or materials found on or through these Third-Party Services.
You should also know that hoggo won’t be held responsible for any damage or loss caused by or related to the use or reliance on the goods, services, content, products, or materials offered by these Third-Party Services. Most of these Third-Party Services have their own terms of use and privacy policies, which you should read carefully before using them. It’s important to note that any mention or reference to commercial products, processes, services, or providers, other than hoggo’s own offerings, does not mean we endorse or recommend them in any way. In a nutshell, Third-Party Services are separate from us, and we can’t control what they do. Be cautious and read their terms and policies, and remember that we don’t endorse anything beyond our own products and services.
No Warranties; Limitation of Liability
LIABILITY DISCLAIMER: THE INFORMATION, CONTENT, SUBMISSIONS, PRODUCTS, AND/OR SERVICES PUBLISHED ON OR THROUGH THE SERVICES MAY INCLUDE INACCURACIES OR ERRORS. HOGGO DOES NOT GUARANTEE THE ACCURACY OF, AND DISCLAIMS, ALL LIABILITY FOR ANY ERRORS OR OTHER INACCURACIES RELATING TO, THE INFORMATION AND DESCRIPTION OF THE TECHNOLOGY PRODUCTS AND RELATED SERVICES DISPLAYED ON THE SERVICES (INCLUDING, WITHOUT LIMITATION, THE HOGGO TRUST GRADE, HOGGO PASSPORT CONTENT, LIST OF VENDOR PRIVACY PRACTICES, VENDOR PROCESSING LOCATIONS, VENDOR PRODUCT AND SERVICE, OTHER VENDOR COMPANY INFORMATION, ETC.). HOGGO MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, CONTENT, SUBMISSIONS, SOFTWARE, PRODUCTS, AND/OR SERVICES CONTAINED OR DESCRIBED ON THIS SITE FOR ANY PURPOSE, AND THE INCLUSION OF ANY COMPANY ON OR THROUGH THE SERVICES DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH COMPANY’S PRODUCTS OR SERVICES, OR PRIVACY PRACTICES BY HOGGO. ALL SUCH INFORMATION, CONTENT, SUBMISSIONS, AND/OR SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND BY HOGGO. HOGGO HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE INFORMATION, CONTENT, SUBMISSIONS, SOFTWARE, PRODUCTS, AND/OR SERVICES CONTAINED OR DESCRIBED ON THIS SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.
IN NO EVENT SHALL HOGGO (NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES) BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR ACCESS TO, DISPLAY ON, OR USE OF THE SERVICES OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY, OR USE THE SERVICES (INCLUDING, BUT NOT LIMITED TO, YOUR RELIANCE UPON INFORMATION OR ASSESSMENTS APPEARING ON THE SERVICES; ANY COMPUTER VIRUSES, INFORMATION, CONTENT, SUBMISSIONS, SOFTWARE, LINKED SITES, PRODUCTS, AND/OR SERVICES OBTAINED OR ACCESSED THROUGH THE SERVICES; OR OTHERWISE ARISING OUT OF THE ACCESS TO, DISPLAY ON, OR USE OF THE SERVICES) WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF HOGGO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Termination of Service
hoggo has the right to terminate or suspend your access to all or part of the Services for any reason, including without limitation, any violation of the Terms. Unless something is said differently in these terms, in the event of any expiration or termination of these Terms, all rights granted by them shall immediately expire and any and all use of the Services will immediately cease and expire. Having said that, there are some sections that will survive termination and they are, Section 4 (User Representations and Undertakings); Section 6 (Use Restrictions & User Data); Section 7 (Confidentiality): Section 8 (Intellectual Property Rights); Section 10 (Third Party Services); Section 11 (No Warranties; Limitation of Liability); Section 12 (Termination of Services); and Section 14 (Miscellaneous).
Amendments to Terms
hoggo reserves the right to modify or update these Terms at any time. If you continue accessing or using the Services after such updates, it indicates your acceptance of the most recent version of the Terms. We will make reasonable efforts to notify you of any significant changes to these Terms and by posting the new version on the Services. Substantial changes will take effect seven (7) days after the notice is provided through any of the reasonable methods we have at our disposal. All other changes to these Terms are effective as of the “Last Update” date stated, and your continued use of the Services after the Last Updated date signifies your acceptance of those changes. Please note that if amendments are made to comply with legal requirements, they may take effect immediately and without prior notice, as may be required by law.
Miscellaneous
If there is any conflict between the information posted on the Services and these Terms, these Terms will prevail. These Terms do not create a partnership, employer-employee relationship, or any other formal relationship between you and hoggo. You cannot transfer or assign your rights or obligations under these Terms without hoggo’s written consent. However, hoggo can transfer or assign its rights or obligations without any restrictions. hoggo’s failure to enforce any provision of these Terms does not mean it’s giving up its rights under the Terms. If any provision of these Terms is found invalid or unenforceable, the rest of the Terms will still apply and any waivers of any provision of these Terms shall be effective only if signed by both parties. hoggo will not be held responsible if it cannot fulfill its obligations due to circumstances beyond its control. These Terms will be governed by the laws of the England and Wales, (without giving effect to its provisions regarding conflict of laws) and any dispute that may arise will be exclusively handled in the courts of London, England. Both parties agree to the jurisdiction and venue of those courts.
Contact
If you have any questions (or comments) concerning the Terms or the Services, you are welcome to send us an email to the following address, and we will reply as quickly as possible: legal@hoggo.io.
Last updated 01.06.2023