Last Updated: 15 June, 2017
Thank you for using Hover's APIs, SDKs, other developer services, website (“Site”), and associated software (collectively, “Service(s)”). By accessing or using our Services, you are agreeing to the terms below.
The terms below, as well as any additional terms accompanying Hover’s Services, and any applicable policies, operating rules, and procedures published on our website or any other website we maintain for purposes of providing Services, are referred to collectively as the “Terms.” By using Hover’s Services, you agree to comply with our Terms and that these Terms control your relationship with Hover and are legally binding. You understand that the use of our Services is restricted to those uses specified in the Terms. Hover may suspend access to its Services by you or your API/SDK Client without notice if we reasonably believe that you are in violation of the Terms. We maintain the right to revise these Terms at any time and you agree to be bound by the latest version of the Terms.
Under the Terms, "Hover" means Hover Developer Services, Inc., a Delaware C Corporation, or any of its current or future subsidiaries, affiliates, successors or assigns. We may refer to "Hover" as "we", "our", or "us" in the Terms. We refer to the individual(s), application, service, or business named on Hover’s registration page or other API/SDK License Agreement as "you", "your”, or “user(s)”.
Hover provides Services that allow developers to integrate the services of mobile money providers in mobile applications. You understand that although our Services facilitate a connection with mobile money providers, Hover is not a bank, money service business, or a payments processor, and we cannot be held liable by you or your end-users for any products or services you build using Hover’s Services. There is no warranty for our Services, which are provided “as-is,” and you accept and assume any risk associated with use of the Services.
a. Who May Accept the Terms. You are not allowed to use Hover’s Services and cannot accept our Terms unless: (i) you are of legal age to form a binding contract with us; and, (ii) the applicable laws of the United States or other countries – including the country in which you reside – do not bar you from receiving our Services.
b. Acceptance on Behalf of Entities. If you represent an entity, and you are using Hover’s Services on behalf of that entity, you confirm and warrant that you occupy a position in that entity which allows you to bind the entity to our Terms. Your use of our Services on behalf of that entity hereby confirms that the entity is bound to the Terms. You understand that any reference to “you” or “your” shall refer to that entity. If you are not properly authorized to bind your entity to these Terms, then you understand that you will be personally responsible for any pursuant damages relating to the use of Hover’s Services.
c. Adherence to the Law. By registering to use our Services you confirm that you do and will adhere to all relevant laws, regulations, and rules, including but not limited to those relating to financial and personally identifiable information (“PII”).
e. Accurate Information. You agree that any information you provide Hover as part of any registration process to use our Services will be accurate and you will keep such information up to date and promptly inform us of any changes.
f. Account Information Security. You take full responsibility for the security of your account login information and password. You shall not share your account credentials with anyone, and you agree that you are responsible for all activity conducted through your account.
g. Consent to Receive Electronic Communications from Hover. By registering to use our Services, you consent to receive electronic communications from Hover. “Communications” may come in the form of an email to you from Hover or as an update to our website. You confirm that you are able to receive such communications and will diligently check our email and our webpage for these communications. Hover will consider a communication received by you 24 hours after sending or posting it.
a. Compliance with The Law. You agree that you are subject to, and will comply with, all applicable laws, regulations, and third party rights, including, but not limited to, those relating to the import or export of data or software, privacy, and local laws. You further agree that you will not use our Services to encourage or promote illegal activity or violation of third party rights and that you are bound by, and will not violate, any other terms of service with Hover or its affiliates.
b. End-Users and Other Third Parties. It is your responsibility to obtain consent from your end-users to gather any information necessary to facilitate your services, and you agree to fully abide by all applicable laws when gathering such information, including, but not limited to, laws pertaining to financial and personally identifiable data. You understand that Hover does not have a relationship, legal or otherwise, with your end-users or other third-parties related to your services, and we are not responsible for your relationship with these end-users or other third parties. We do not provide customer support to your end-users, and we will not be involved in any dispute you have with your end-users or other third parties. You also agree that you will require your end-users to accept and comply with all applicable laws and regulations, and you will not knowingly enable your end-users to violate such laws and regulations.
a. Information relating to the purchase of Hover’s Services may be found on our fee schedule, located at www.usehover.com/pricing. We reserve the right to update our fee schedule at our sole discretion.
a. License. If your registration, as described in Sections 2 and 4, is accepted by us, then we grant you a nonexclusive and nontransferable license to use our Services in a matter described in the Terms. You agree that you do not and will not: (i) claim ownership of Hover’s Services on your behalf or on the behalf of others; (ii) sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publish, adapt, edit or create derivative works from our Services; or, (iii) use our Services in a way that violates the Terms or any applicable laws.
b. Right to Terminate. Hover reserves the right to suspend access or terminate your account without notice should we determine, in our sole discretion, that you may have breached the Terms, or that your activity may present any party with a risk or security concern.
c. Right to Monitor. You accept that Hover maintains the right to monitor the use of its Services in order to ensure quality, gather information for the purpose of improving Hover’s products, to ensure that you are complying with the Terms, and to identify any security issues that may affect Hover or its users. You accept that such monitoring includes Hover’s right to access and use your API/SDK Client and you confirm that you will not in any way interfere with such monitoring. If Hover believes you are interfering with such monitoring, you accept that it may use any technical methods to overcome such interference.
a. Security Obligations. It is your responsibility to use commercially reasonable measures to ensure the protection of all user information collected by your API/SDK Client from unauthorized access or use. Should you become aware of any unauthorized access or use you will promptly notify Hover and follow all applicable laws to promptly report such activity to your users. This clause includes, but is not limited to, PII.
a. Restricted Uses for You. You agree that in connection with your use of our Services you will not:
(i) breach the Terms or the terms and policies of the mobile money providers you connect with through our Services; (ii) provide false or inaccurate information to us; (iii) engage in transactions which involve illegal goods or services according to the laws in which your application is developed and/or used and according to the laws of the United States; (iv) copy, reproduce, republish, upload, post, transmit, resell, or distribute in any way data, content, or any part of our Services except as permitted in the Terms (v) transfer any rights granted to you under these Terms; (vi) work around any of the Service’s technical limitations or enable functionality in the Service that is disabled or prohibited by Hover; (vii) reverse engineer any part of our Services; (viii) perform any actions that would interfere with the normal operation of, or affect the use of, our Services by our other users.
b. Restricted Uses for Your End Users. You agree that you will put your end users on notice in your Terms of Service that those end users are subject to all the restrictions listed in Section 7(a). This includes, but is not limited to, notification to those end users that they may not copy, reproduce, republish, upload, post, transmit, resell, or distribute in any way data, content, or any part of our Services except as permitted in our Terms. You agree that should those end users violate these restricted uses, Hover may hold you and those end-users legally responsible for their violation.
a. Links to Other Websites. The Services may contain links to other web sites. Hover is not responsible for the privacy practices or the content of those other Websites.
b. Information Collected. Hover collects information in several different ways, depending on which part of our Services you use. Collection of information can come in the form of: (i) when users submit information to us directly (e.g., through the registration process); (ii) when we obtain information about users through trusted third parties (e.g., for purposes of verification); and (iii) through user’s access to our Services generally (e.g., through “cookies” when users visit the Site).
c. Personal Information. We refer to any information that can be used to identify a specific individual as “Personal Information.” Such information may include a user’s legal name, postal address, e-mail address, telephone number, username, password, and PIN. This does not include information that has been made anonymous and can no longer be connected to the specific individual, nor does it include aggregated information.
d. Uses of Information. Hover uses personal information to: (i) provide our Services to users; (ii) reply to inquiries; (iii) verify user identity and account information; (iv) improve our content and product development; (v) process billing; (vi) identify, prevent, and report potentially prohibited, fraudulent, or illegal activities; (vii) provide notices to users; and, (viii) to analyze user statistics. We do not sell your information to third parties for purposes of advertising.
e. Cookies, Web Beacons, and IP Addresses. Hover collects information through the use of various technologies, including "cookies". A cookie is an alphanumeric identifier that the Site can transfer to a user’s hard drive through that user’s browser. The cookie is then stored on the user’s computer as an anonymous tag that identifies the user’s computer, but not the user. Cookies may be sent by Hover. Additionally, Hover may collect information from user visits to the Site in order to provide better customer service. Examples of such collecting include: traffic analysis, such as tracking of the domains from which users visit, or tracking numbers of visitors; measuring visitor activity on the Site; Site and system administration; user analysis; and business decision making.
f. Your End-Users. You understand that an end-user’s mobile money pin may be stored on that end-user’s mobile device. The storing of the end-user’s mobile money pin is encrypted and cannot be read by Hover, nor is that pin ever uploaded onto Hover’s servers.
g. Security. Hover intends to protect end user personal information and to maintain its quality. To achieve information security and quality, Hover implements appropriate measures and processes, such as using encryption when transmitting certain sensitive information.
h. Children. Hover does not knowingly collect any personal information from anyone under the age of 13. If you are under 13, do not attempt to use our Services.
a. Indemnification. You shall defend, indemnify, and hold Hover harmless from any third party claim, suit, demand, loss, liability, damage, action, or proceeding and any related liabilities, damages, settlements, penalties, fines, costs or expenses (including all attorney’s fees and litigation costs) that result from: (i) your violation of any of the Terms; (ii) your use or misuse of our Services; (iii) your misconduct (whether willful, negligent, reckless, or otherwise); (iv) your actual or alleged violation of any third party rights, applicable laws, regulations or rules, including but not limited to those relating to PII and intellectual property; and/or (v) any disputes or issues you have with any end users, to include mobile money providers, including but not limited to PII, products, or services.
b. Disclaimer of Warranties. ALL LICENSED SOFTWARE, DOCUMENTATION AND OTHER PRODUCTS, INFORMATION, MATERIALS AND SERVICES PROVIDED BY US ARE PROVIDED “AS IS”. WE HEREBY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHER (INCLUDING ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE OR TRADE PRACTICE), AND SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
c. Exclusion of Liability. IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY UNDER OR IN CONNECTION WITH THE TERMS OR SUBJECT MATTER UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY AND OTHERWISE, FOR ANY (i) INCREASTED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES OR PROFITS, (ii) LOSS OF GOODWILL OR REPUTATION, (iii) USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY OR RECOVERY OF ANY LICENSED SOFTWARE, (iv) LOSS, DAMAGE, CORRUPTION OR RECOVERY OF DATA, OR BREACH OF DATA OR SYSTEM SECURITY, (v) COST OF REPLACEMNT GOODS OR SERVICES, OR (vi) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED OR PUNITIVE DAMAGES, IN EACH CASE REGARDLESS OF WHETHER WE WERE ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORSEEABLE, AND NOTHWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. THIS LIMITATION OF LIABILITY SECTION SHALL APPLY TO FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU FURTHER AGREE TO LIMIT ANY ADDITIONAL LIABILITY NOT DISCLAIMED IN THESE TERMS.
a. Governing Law & Submission to Jurisdiction. The Terms are governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule that would require or permit the application of the laws of any jurisdiction other than those of the State of Delaware. Any legal suit, action or proceeding arising out of the Terms will be instituted in the federal courts of the United States or the courts of the State of Delaware, and each Party irrevocably submits to the jurisdiction of such courts in any such suit, action or proceeding.
b. Severability. Should any part of the Terms be deemed unenforceable by any competent body for any reason, that part shall be severed from the Terms, and the balance of the Terms shall remain enforceable and in effect.
c. Force Majeure. Hover is not responsible for any loses or damages arising from suspension of the Services due to extraordinary events or circumstances beyond our control.
d. No Waiver. Any failure of Hover to enforce any part of the Terms will not constitute a waiver of such part of the Terms.
e. Assignment. The Terms are not assignable, transferable or sub-licensable by you except with Hover’s prior written consent.
f. No Agency. Nothing in the Terms shall be construed to establish a partnership, joint venture, or other agency relationship between Hover and you or between Hover and any of your end users, to include mobile money providers.
g. Right to Amend. Hover maintains the right to change or add to any part of the Terms at any time. Such changes will be posted on our website. You agree that you will at all times be bound by the latest version of the Terms, regardless of if you began to use the Services prior to publication of such updated Terms.