Effective date: May 8, 2023
Welcome to hoo.be.
Agreement to Terms
These Terms of Service (“Terms") constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”, “Agency”, “Agency Admin”) and FNL Technologies, Inc. (“FNL", "Company", "we", "us", or "our"), concerning your access to and use of the hoo.be platform as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the "hoo.be" or "Service").
By accessing or using our Service, or otherwise indicating your acceptance, you represent and warrant that you have read, understood, and agree to be bound by all of these Terms. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.
(a) We reserve the right to change Terms: We can change or replace all of these Terms at any time for any reason.
(b) Terms Changes: Changes will happen from time to time, and it is your responsibility to keep up with them. If we release a change you are not comfortable with, it is your responsibility to stop using Service.
(c) Continued use: If you continue to use Service, this is your agreeing to our current Terms
(d) Changes to Service: You acknowledge that Service is constantly evolving, and we may change parts of Service and its functionality from time to time.
(a) hoo.be account is required to use our Service: To access, edit, change, or use our Service, you must create an account with us. When you create this account, you must provide accurate and up-to-date information. Agencies are responsible for managing both the agency account and all creator accounts in that agency's dashboard. It is important that you maintain and update your details and any other information that you provide to us.
(b) You must maintain your password: You are responsible to maintain your own password. If you are an agency account administrator, you are responsible for the agency access login credentials. Individual accounts are responsible for maintaining their own passwords. We do not save or carry that information. If you forget your password, you may email hi@hoo.be and verify your identity for a reset. Agencies may not reset creator account passwords without written creator permission. You agree not to disclose your password to any third party, and you are responsible for safeguarding the password that you use. You will be fully responsible for activities that relate to your account or your password. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
(c) You must choose an appropriate username: You may not use, as a username, the name of another person (for example, the name of well-known personalities or a name to which you have no connection), brand, or entity, a name that is not lawfully available for use, or a trade name that is subject to any rights of another person or entity, or a name that is offensive, vulgar, or obscene. In the event that issues arise over the use of particular usernames, for example where another person claims that your username appropriates their name, we will consider the circumstances reasonably and may require you to change your username (and we may then reassign your username). If we have asked you to do this and you refuse, we may suspend or cancel your user account. Importantly, and without impacting the above, we do not permit 'domain squatting' or 'domain parking' or similar, and we may reclaim and reallocate usernames that we reasonably believe have been created for these purposes. You can raise any concerns with us relating to usernames.
(d) Your responsibilities regarding the use of your account: You must not use your user account or allow it to be used in a way which may of our discretion cause damage to or impair the Service or our reputation, or infringe or violate any third party rights, or violate any applicable laws or regulations. Agencies managing creator accounts must provide proof they have the right to manage each creator in their dashboard. FNL is not responsible for how Agencies manage each creator's hoo.be page
(e) All sales are final. No refunds shall be issued. The only exception is at hoo.be's sole discretion. If you violate the Terms of Service or if we determine in our sole discretion that your account activity is harmful to our platform, other users, or our business interests, your account may be immediately suspended or terminated without notice and with no refunds issued. We reserve the right to withhold any pending payouts during investigation of potential violations.
(a) Your right to post Content: You may post, feature, link, store, share and otherwise make available information, text, graphics, videos, or other material to/on the Page that you create using the Service (Content). You are responsible for the Content, including its legality, reliability, ownership, likeness, licensing, and appropriateness. This includes but is not limited to all Agencies managing Creator accounts posting Content on behalf of their Creators. Where any third party owns any of the Content, you are also responsible for ensuring that you have all rights (including any licenses) needed to allow you to make available that Content on the Page and the Service.
(b) You grant us a license to use and display your Content: By posting Content to the Service, you grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, perform, and otherwise exploit such Content on and through the Service and for our business purposes. You confirm that you have all third party rights and licenses necessary to post that Content. You retain ownership of your Content, but you are responsible for protecting those rights. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these terms of service. This license also allows us to watermark uploaded Content and continues even if you stop using the Service.
(c) Your responsibilities in posting Content: You agree that:
(d) Keeping records: You agree to keep all records necessary to establish that your Content does not violate any of the requirements of this clause and make such records available upon our reasonable request.
(e) You can't sell, license, or purchase any account or data obtained from us or our Service.
This includes attempts to buy, sell, or transfer any aspect of your account (including your username); solicit, collect, or use login credentials or badges of other users; or request or collect hoo.be usernames, passwords, email, phone numbers, or misappropriate access tokens.
(f) Our right to monitor and modify your Content: We are under no obligation to regularly monitor the accuracy or reliability of your Content incorporated into the Service. We reserve the right to modify or remove any Content at any time.
(g) You accept risk of public disclosure: You acknowledge and agree that all Content you provide on the Service will be publicly available information and you bear the risks involved with such public disclosures.
(h) We can use your Content to promote the hoo.be Service: We may choose to feature your Page and Content—but not your registered trademarks or personal information, unless you agree in writing—on our Website or otherwise to promote the Service. You grant to us a royalty-free, worldwide, perpetual license to use such Content for such purposes.
(a) Payment Processing
All payments are collected and distributed through Stripe. By using hoo.be, you agree to Stripe’s terms of service, which govern all payment processing activity.
(b) Account Setup Responsibility
Creators and Agencies are solely responsible for creating and maintaining their own Stripe accounts in order to receive payouts. hoo.be does not manage or control the payout distribution between Creators and Agencies, nor is hoo.be responsible for which Stripe account receives payment.
(c) Fees
Transaction fees range from 0% to 20% per transaction, based on your selected plan tier and transaction type, and are collected by hoo.be. Additional third-party processing fees (e.g., from Stripe) may also apply. All fees are subject to change at hoo.be's sole discretion with notice provided when reasonably practicable.
(d) Payout Timing
Payouts are typically processed within 30 days of a completed transaction. Timing may vary depending on payment processor timelines. hoo.be reserves the right to delay, hold, or modify payouts at its discretion for security, fraud prevention, or compliance purposes.
(e) Fraud & Refunds
In the event a transaction is reported or determined to be fraudulent, hoo.be reserves the right to cancel or refund the transaction without prior approval from the Creator or Agency involved.
(f) Support
For payout questions or to review your transaction history, please contact us at hi@hoo.be.
(g) Data and Analytics
By using the Service, you grant us the right to collect, analyze, and use all data generated through your use of the platform, including but not limited to transaction data, user behavior, content performance metrics, and engagement statistics. This data may be used for our business purposes including improving the Service, developing new features, marketing, and creating aggregated insights. We may share anonymized and aggregated data with third parties at our discretion.
(a) All payment collection and payouts shall be done through Tremendous.com and sent via hoo.be email, so you must follow the email guide to collect your payment.
(b) Payouts will typically occur every Sunday, but might take up to 30 days to complete. Terms are subject to change. Any referrals deemed fraudulent will not be paid out and will be at the discretion of FNL.
(a) Intellectual Property Rights - All industrial and intellectual property rights throughout the world, including all copyright and analogous rights, all rights in relation to inventions or discoveries (including patent rights), designs, registered and unregistered trade marks (including service marks), trade names, brand names, indications of source or appellations of origin, know-how, software, circuit layouts and all other rights throughout the world resulting from intellectual activity in the industrial, scientific or artistic fields.
(b) No transfer of our Intellectual Property Rights to you: The Service is protected by trademark. Our trademarks and trade names may not be used in connection with any product or service without our prior written consent. Nothing in these terms of service constitutes a transfer of any Intellectual Property Rights from us to you.
(c) Your limited rights to use the Service: You are permitted to use the Service only as authorized by us (which includes use in accordance with these terms and conditions). As a user, you are granted a limited, non-exclusive, revocable, non-transferable right to use the Service to create, display, use, play, and upload Content subject to these terms of service.
(d) How the Service must not be used: You must not use the Service in connection with a product or service that is not affiliated with us or in any way brings us into disrepute.
(e) Responsibility for material posted: Any opinions, advice, statements, services, offers, or other information or content expressed or made available by any other users are those of the respective authors or distributors and not of us.
(f) Your responsibilities in using hoo.be Content: If we provide you with any images, icons, video, graphics, or other content (hoo.be Content) for you to use in connection with the hoo.be Service, you must:
(1) only use such hoo.be Content on your Page and not anywhere else;
(2) comply with any reasonable written guidelines or terms, which may be the guidelines or terms of a third party, in relation to the hoo.be Content that we provide to you.
(a) We are not liable for damages: You agree that we will not be liable for any damages suffered as a result of using the Service, or copying, distributing, or downloading Content from the Service.
(b) No liability for certain types of damage for breach of contract or tort: In no event will either party be liable for any indirect, punitive, special, incidental or consequential damage (including loss of business, revenue, profits, use, privacy, data, goodwill or other economic advantage) however it arises, whether for breach of contract or in tort (including negligence), even if the relevant party has been previously advised of the possibility of such damage.
(c) You are responsible for your use of the hoo.be Service: You have sole responsibility for adequate security protection and backup of data, Content, and/or equipment used in connection with your usage of the Service and will not make a claim against us for lost data, re-run time, inaccurate instruction, work delays or lost profits resulting from the use of the Service. You must not assign or otherwise dispose of your account to any other person.
(d) Indemnity: You will indemnify, defend, and hold harmless FNL and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys' fees, arising out of or relating to: (i) your use or misuse of the Service; (ii) your Content; (iii) your breach of these Terms; (iv) your violation of any law or the rights of any third party; or (v) any claim that your Content caused damage to a third party. This indemnification obligation will survive the termination of these Terms and your use of the Service.
(a) Binding Arbitration: Any dispute arising out of or relating to these Terms or the Service shall be resolved through binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. The arbitration shall be conducted in Delaware, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
(b) Class Action Waiver: You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. You waive your right to participate in a class action lawsuit or class-wide arbitration.
(c) Time Limitation: You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Disclaimer: The Service may contain (or you may be sent through the Service) links to other websites or content belonging to or originating from third parties or links to websites and features in banners or other advertising. Such external links are not investigated, monitored, or checked for accuracy, adequacy, validity, reliability, availability or completeness by us.
(a) No endorsement of third party services: These services are provided by us on an as is and as available basis. We make no representations or warranties of any kind, express or implied, as to the operation of Service. You expressly agree that your use of Service is at your sole risk.
Neither we nor any person associated with us makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of Service, or that Service will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that Service is free of viruses or other harmful components, or that Service will otherwise meet your needs or expectations.
We hereby disclaim all warranties of any kind, whether express of implied, statutory, or otherwise, including but not limited to any warranties or merchantability, non-infringement, and fitness for particular purpose.
The foregoing does not affect any warranties which cannot be excluded or limited under applicable law. Unless we otherwise specifically state, we do not endorse (or make any warranties or representations in relation to) any third party product or service, and your use of that third party product or service may be subject to separate terms and conditions which you are responsible for reviewing and agreeing.
(b) Terms and conditions of third party services: You will comply with the terms and conditions that you have either separately agreed to comply with or that we make it clear to you that you must comply with of any third party service that you use in conjunction with the Service. For ease of reference, here is a link to Youtube Terms of Service https://www.youtube.com/t/terms. FNL does not collect or store YouTube API data from the User's device. Here is a link to Google Privacy Policy https://policies.google.com/privacy?hl=en-US
(c) No refunds: We do not offer refunds for any amounts you have paid to a third party.
(d) Suspension or cancellation of account: If you do not agree with the third-party terms and conditions, then we may suspend or cancel your user account or limit the relevant functionality.
(a) Reservation of Rights: We reserve all rights not expressly granted to you. We may, in our sole discretion and without notice or liability, modify, suspend, or discontinue any aspect of the Service at any time.
(b) Entire Agreement: These Terms constitute the entire agreement between you and FNL regarding the Service and supersede all prior agreements and understandings.
(c) Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue to be valid and enforceable.
(d) No Waiver: Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
(e) Assignment: We may assign or transfer these Terms, in whole or in part, without restriction. You may not assign or transfer any rights or obligations under these Terms without our prior written consent, and any unauthorized assignment will be null and void.