These Terms govern your access to and use of the HOP Sensors platform, website, and related services. Please read them carefully.
IMPORTANT: THESE TERMS OF USE CONTAIN A LIMITATION OF LIABILITY CLAUSE (SECTION 12), A DISCLAIMER OF WARRANTIES (SECTION 11), AND AN INDEMNIFICATION PROVISION (SECTION 13). PLEASE READ THESE SECTIONS CAREFULLY. BY USING THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS.
These Terms of Use ("Terms") constitute a legally binding agreement between you and HOP Sensors LLC ("HOP Sensors," "we," "our," or "us") governing your access to and use of the HOP Sensors platform, website at hopsensorsllc.com, and all related software, services, and content (collectively, the "Services"). If you are accessing the Services on behalf of an organization, you represent that you have authority to bind that organization to these Terms.
By accessing or using the Services in any manner, including browsing the website, submitting a demo request, or using the platform software, you agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, you must immediately discontinue all use of the Services.
We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting updated Terms on our website with a revised effective date and, where practicable, by email notification. Continued use of the Services after the effective date of any modification constitutes your acceptance of the modified Terms.
The Services are intended for use by organizations and individuals who are at least 18 years of age and have the legal capacity to enter into binding contracts. By using the Services, you represent and warrant that you meet these eligibility requirements. The Services are not available to persons who have been previously banned from the Services or whose accounts have been terminated for cause.
Access to certain features of the Services requires account registration. You agree to:
We reserve the right to suspend or terminate accounts that contain inaccurate information, that have been compromised, or that have been used in violation of these Terms. You may not share account credentials with unauthorized parties or create accounts by automated means.
Subject to your compliance with these Terms and payment of applicable fees, HOP Sensors grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services solely for your internal business purposes. This license does not include the right to:
You retain all rights, title, and interest in your operational data, including SCADA telemetry, substation measurements, event records, and any other data you transmit to the Services ("Customer Data"). You grant HOP Sensors a limited license to process, store, and display Customer Data solely to provide the Services to you.
You represent and warrant that you have all necessary rights, licenses, consents, and permissions to transmit Customer Data to the Services, and that such transmission does not violate any applicable law, regulation, third-party agreement, or intellectual property right.
HOP Sensors will not use Customer Data for any purpose other than providing the Services, as described in our Privacy Policy. We will implement appropriate technical and organizational measures to protect Customer Data from unauthorized access, disclosure, or loss.
You agree not to use the Services to:
Violation of this Acceptable Use Policy may result in immediate suspension or termination of your access to the Services without refund.
The Services, including all software, algorithms, interfaces, documentation, trademarks, logos, and content created by HOP Sensors (excluding Customer Data), are the exclusive property of HOP Sensors LLC or its licensors and are protected by applicable intellectual property laws. Nothing in these Terms transfers any ownership interest in HOP Sensors intellectual property to you.
If you provide feedback, suggestions, or ideas regarding the Services ("Feedback"), you grant HOP Sensors a perpetual, irrevocable, royalty-free, worldwide license to use, incorporate, and commercialize such Feedback without any obligation to you.
Access to certain features of the Services may require payment of fees as set forth in a separate order form or subscription agreement. All fees are non-refundable except as expressly stated in such agreement or as required by applicable law. We reserve the right to modify pricing with advance notice. Failure to pay fees when due may result in suspension or termination of your access.
Each party agrees to maintain the confidentiality of the other party's non-public information disclosed in connection with the Services ("Confidential Information"), using at least the same degree of care used to protect its own confidential information (but no less than reasonable care). Confidential Information does not include information that: (a) is or becomes publicly available through no fault of the receiving party; (b) was rightfully known to the receiving party before disclosure; (c) is independently developed without use of Confidential Information; or (d) is required to be disclosed by law or court order.
These Terms remain in effect until terminated. You may terminate your account at any time by contacting us at info@hopsensorsllc.com. We may suspend or terminate your access to the Services at any time, with or without notice, for any reason, including material breach of these Terms.
Upon termination: (a) your license to use the Services immediately ceases; (b) we will delete or return Customer Data in accordance with our Privacy Policy and any applicable data processing agreement; (c) provisions that by their nature should survive termination (including Sections 7, 11, 12, 13, and 15) will survive.
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HOP SENSORS EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
HOP SENSORS DOES NOT WARRANT THAT: (A) THE SERVICES WILL MEET YOUR REQUIREMENTS; (B) THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE; (C) ANY ERRORS WILL BE CORRECTED; (D) THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; OR (E) ANY RESULTS OBTAINED FROM USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE.
THE SERVICES ARE NOT DESIGNED AS A SOLE SAFETY SYSTEM FOR CRITICAL INFRASTRUCTURE. YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR USE OF THE SERVICES COMPLIES WITH ALL APPLICABLE SAFETY, REGULATORY, AND OPERATIONAL REQUIREMENTS. HOP SENSORS PLATFORM DATA AND ALERTS SHOULD BE USED AS A SUPPLEMENTARY TOOL AND NOT AS A REPLACEMENT FOR TRAINED PERSONNEL, ESTABLISHED SAFETY PROTOCOLS, OR REGULATORY COMPLIANCE SYSTEMS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HOP SENSORS LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY:
ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICES, EVEN IF HOP SENSORS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL HOP SENSORS' TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING UNDER OR RELATED TO THESE TERMS EXCEED THE GREATER OF: (A) THE TOTAL FEES PAID BY YOU TO HOP SENSORS IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM; OR (B) ONE HUNDRED DOLLARS ($100.00).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to defend, indemnify, and hold harmless HOP Sensors LLC and its officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable attorneys' fees) arising out of or relating to: (a) your violation of these Terms; (b) your use of the Services; (c) your Customer Data; (d) your violation of any third-party right, including intellectual property rights; or (e) your violation of any applicable law or regulation.
These Terms are governed by and construed in accordance with the laws of the State of Oregon, without regard to conflict of law principles. Any dispute arising out of or relating to these Terms or the Services that cannot be resolved through good-faith negotiation shall be submitted to binding arbitration in Portland, Oregon, administered by JAMS under its Commercial Arbitration Rules, except that either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent irreparable harm.
CLASS ACTION WAIVER: You agree to resolve disputes with HOP Sensors on an individual basis only, and not as part of any class, consolidated, or representative action.
If you are a government entity or if applicable law prohibits arbitration, disputes shall be resolved exclusively in the state or federal courts located in Multnomah County, Oregon, and you consent to personal jurisdiction in such courts.
Entire Agreement: These Terms, together with our Privacy Policy and any applicable order form or subscription agreement, constitute the entire agreement between you and HOP Sensors regarding the Services and supersede all prior agreements and understandings.
Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect, and the unenforceable provision will be modified to the minimum extent necessary to make it enforceable.
Waiver: Our failure to enforce any right or provision of these Terms will not constitute a waiver of such right or provision.
Assignment: You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations without restriction.
Force Majeure: Neither party will be liable for delays or failures in performance resulting from causes beyond their reasonable control, including natural disasters, acts of government, cyberattacks, or infrastructure failures.
Notices: Legal notices to HOP Sensors must be sent to info@hopsensorsllc.com. We may provide notices to you via email or by posting on the Services.
Questions about these Terms should be directed to:
HOP Sensors LLC
Email: info@hopsensorsllc.com
Phone: +1-503-862-3083
Portland, Oregon, USA
These Terms of Use are intended to provide comprehensive legal protections for HOP Sensors LLC. They do not constitute legal advice. We recommend that customers with specific regulatory or contractual requirements consult qualified legal counsel before entering into a service agreement.