hovn

Terms of Service

Last updated June 19, 2025.

These Terms of Service ("Terms of Service") govern your access and use of the Hovn website, mobile applications, and related products and services (collectively, the "Hovn Platform"). You agree that by visiting the Hovn Platform or by registering or using the Hovn Platform, you are entering a legally binding agreement with Hovn LLC ("Hovn", "we", or "our" or "us") based on these Terms of Service and the Privacy Policy, which is hereby incorporated by reference (collectively referred to as the "Agreement"). Your access to and use of the Hovn Platform is conditioned on your acceptance of and compliance with the Agreement.

Acknowledgment and Acceptance of the Agreement

By accessing or using the Hovn Platform, you agree that you have read, agree to, and accept all of the terms and conditions contained in this Agreement, whether or not you are a student end user registered directly on the Hovn Platform or an end user using the Platform via an entity including, but not limited to, employers, service providers, professional associations, or content providers (together known as "Organization(s)").

Hovn reserves the right to change this Agreement and add additional terms at any time effective upon the date posted on this Agreement. You are responsible for regularly reviewing this Agreement. Continued use of the Hovn Platform after any such changes are made to this Agreement shall constitute your consent to such changes.

PLEASE REVIEW THE DISPUTE RESOLUTION PROVISION SET FORTH BELOW CAREFULLY. YOU ARE REQUIRED TO RESOLVE DISPUTES WITH HOVN ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. BY ENTERING INTO THESE TERMS OF SERVICE, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU HAVE READ AND UNDERSTAND THE TERMS OF THE AGREEMENT AND THE CONSEQUENCES THEREOF.

1. Use of the Hovn Platform

1.1 The Hovn Platform

Hovn operates as a healthcare training platform for student, instructors, and service providers. Hovn is not a party to any order that results from a connection made on or through the Hovn Platform between an end user and an Organization. The parties to any order are solely responsible for verifying that the order is performed in accordance with all applicable laws and regulations. Hovn facilitates the transaction between end users and Organizations but does not itself act as a training center, and, except as specifically provided herein, has no responsibility for the services or products provided to the you by an Organization. Hovn makes no representations or endorsements regarding any end user or Organization.

Hovn has no obligation under any order and shall not be included as a party in any dispute related to an order. Hovn shall not be held liable for any claim, loss, cost or expense, damages, or any other liability (including but not limited to legal fees), as a result of any acts or omissions of an end user, instructor, and/or Organization.

You may not use the Hovn Platform if you are under 13 years of age or if you are not able to form legally binding contracts under applicable law. If you do not qualify, you may not use the Hovn Platform.

1.2 Your Responsibilities

You are solely responsible for maintaining the security of your account and are responsible for all activities that occur within that account and any other actions taken on the Hovn Platform. When creating your account and providing contact information to access the Hovn Platform through your account, you represent and warrant that you will provide accurate and complete information and consent to Hovn verifying such information. You agree to keep your account passwords secure and to notify Hovn immediately of any breach of security or unauthorized use of your account. Access Credentials shall be for a single end user and may not be shared. Hovn will not be liable for any losses caused by any unauthorized use of your account.

You agree to comply with all of the provisions of this Agreement and any applicable local, state, national and foreign laws, including those related to data privacy and transmission of personal data, at all times while using the Hovn Platform.

By providing your mobile number to Hovn, you agree that the Hovn may send you informational, promotional or other notifications by SMS/MMS to your mobile device as part of the normal operations of the Hovn Platform. Depending on your mobile phone plan, messaging charges may apply. You may opt-out of the text messages or notifications by updating your preferences in your account settings or by replying STOP to any SMS/MMS mobile message from us. By providing a mobile phone number, you warrant and represent that you have the necessary rights and authority to share and receive messages at that mobile phone number. You have a duty to notify us prior to the end or termination of your use of the mobile telephone number you provided by opting-out of text messaging or otherwise notifying us that you are no longer authorized user or owner of the telephone number.

1.3 Privacy Policy

Any information that you provide to Hovn is subject to our Privacy Policy, which governs our collection and use of your information. You understand that through your use of the Hovn Platform you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States for storage, processing and use by Hovn. As part of providing the Hovn Platform to you, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Hovn Platform and your Hovn account, which you may not be able to opt-out from receiving.

If you send or authorize Hovn to contact or send an invitation to a third-party to join or use the Hovn Platform, you are expressly representing that the third-party has requested to join the Hovn Platform or to receive the information and that any communication extending the invitation was sent in accordance with applicable law. If you provide the personal information of any third party as part of your account setup or for any other reason, you expressly represent that you have the full consent of the data subject and the full right and authority to provide Hovn with the information to be used in accordance with these Terms of Service and the Privacy Policy.

In the event that you place an order, facilitate a transaction with Hovn, or request information from or otherwise engage with us, and such activities require Hovn to share your personal information with an Organization or other third party, you hereby consent to such disclosure and/or direct Hovn to disclose your personal information to the Organization or third party.

1.4 Third-Party Organizations

The Hovn Platform allows users to reserve, schedule, purchase, access, and attend various trainings and receive related materials from Organizations. Hovn does not operate, own or control any of the services or content provided by such third parties. Hovn assumes no liability whatsoever for any such Organizations, third-party websites or applications or any content, features, products, or services made available through such Organizations, third-party websites or applications.

You acknowledge and agree that Hovn may use third party vendors and/or partners to provide the Hovn Platform (or any portion thereof) to you, and share personal information and/or User Content with such third parties as necessary in order to provide services to you. By connecting to Hovn using a third-party service, you give us permission to access and use your information from that service as permitted by that service, to store your log-in credentials for that service, and as otherwise necessary to provide services to you.

1.5 General Rules and Restrictions for Use of the Hovn Platform

You agree not to engage in any of the following prohibited activities:

  1. Copying, distributing, or disclosing any part of the Hovn Platform in any medium, including without limitation by any automated or non-automated "scraping"
  2. Using any automated system, including without limitation "robots," "spiders," "offline readers," etc., to access the Hovn Platform in a manner that sends more request messages to the Hovn servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser
  3. Transmitting spam, chain letters, or other unsolicited communications
  4. Attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Hovn Platform
  5. Taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure
  6. Uploading invalid data, viruses, worms, or other software agents through the Hovn Platform
  7. Collecting or harvesting any personally identifiable information from the Hovn Platform, except as expressly permitted by certain features of the Hovn Platform
  8. Using the Hovn Platform for any commercial solicitation purposes
  9. Impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity
  10. Interfering with the proper working of the Hovn Platform
  11. Accessing any content on the Hovn Platform through any technology or means other than those provided or authorized by the Hovn Platform
  12. Bypassing the measures we may use to prevent or restrict access to the Hovn Platform, including without limitation, features that prevent or restrict use or copying of any content or enforce limitations on use of the Hovn Platform or the content therein
  13. Disclosing or sharing login credentials
  14. Reverse engineering or decompiling any parts of the Hovn Platform
  15. Frame or link to any information or content on the Hovn Platform
  16. Post or submit any inaccurate, incomplete, or false biographical information or another person's information
  17. Post or submit any material that is unlawful, illegal, defamatory, offensive, discriminatory, threatening, or obscene as determined by Hovn

Your access to and use of the Hovn Platform is subject to all applicable local, state, national and international laws and regulations. You shall not interfere with another user's use and enjoyment of the Hovn Platform or another entity's use and enjoyment of similar services.

We may, without prior notice, change any aspect of the Hovn Platform, stop providing the Hovn Platform or features of the Hovn Platform, or create usage limits for the Hovn Platform (for free and paid products). We may permanently or temporarily limit, condition, terminate or suspend your access to the Hovn Platform or any features thereof, without notice and liability for any reason, including if in our sole determination you breach or violate any provision of this Agreement, commit fraud or other abuse using the Hovn Platform, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement.

2. Hovn Platform Intellectual Property Rights; Feedback

Subject to and conditioned on compliance with the Terms of Service, Hovn grants you a limited right to access and, if you have created an account, to use the Hovn Platform pursuant to the terms of your order, for your internal use only, and not for resale. You must not access (or attempt to access) the Hovn Platform by any means other than the interface provided, and you shall not use information from the Hovn Platform for any purposes other than the purposes for which it was made available. You must not sell, reproduce, distribute, modify, display, publicly perform, prepare derivative works based on, repost, or otherwise use any content of the Hovn Platform in any way for any public or commercial purpose without Hovn's prior written consent. You must not use any content of the Hovn Platform on any other website or in a networked computer environment for any purpose except your own viewing without Hovn's prior written consent. You will not access the Hovn Platform in order to build a similar service or application, or publish any performance, or any benchmark test or analysis relating to the Hovn Platform.

Hovn and our licensors retain all right, title, and interest in and to all intellectual property rights related in and to the Hovn Platform. The Hovn logos and names are trademarks of Hovn and may be registered in certain jurisdictions. All other product names, company names, marks, logos, and symbols on the Hovn Platform may be the trademarks of their respective owners. Except as expressly stated in this Agreement, nothing in the Terms of Service confers any license under any of Hovn's or any third party's intellectual property rights, whether by estoppel, implication, or otherwise.

You may submit comments or ideas about the Hovn Platform, including without limitation about how to improve the Hovn Platform (collectively, "Feedback"). By submitting any Feedback, you agree that:

  • Your disclosure is voluntary, gratuitous, and without restriction and will not place Hovn under any fiduciary or other obligation
  • Your Feedback do not contain the confidential or proprietary information of third parties
  • We are free to use the Feedback without any additional compensation to you and to disclose the Ideas on a non-confidential basis or otherwise to anyone

You further acknowledge and agree that, by acceptance of your submission, Hovn does not waive any rights to use similar or related ideas known or developed by Hovn or obtained from sources other than you.

3. User Content

By uploading or otherwise providing professional licenses, certifications, education, resume, contact information, and other information ("User Content"), you give us permission to store and use such User Content to perform the services provided by the Hovn Platform, including but not limited to, checking such professional education, license, and certifications using primary verification sources. You agree that Hovn may send alerts and reminders for any upcoming license or certification renewals via the mobile app, text and/or email, and website based on your profile settings. However, it is your responsibility to maintain your licenses and certifications and update your profile settings. The Hovn Platform may allow users and Organizations to communicate and share information. You consent to share your User Content to the Organization through which you registered for the Hovn Platform. You acknowledge and agree that we do not have control over the integrity, responsibility, or actions of Organizations with respect to your User Content or otherwise. You acknowledge that Hovn does not, in any way, supervise, direct, or control Organizations or other users.

When you post User Content on the Hovn Platform or otherwise provide Hovn with User Content, you represent and warrant that you have the right, power, and authority to post that User Content and grant the licenses specified below. You further represent and warrant that by posting or providing such User Content, you will not violate third-party rights of any kind, including, without limitation, any intellectual property rights or rights of publicity. To the extent User Content may be copyrightable, you represent, warrant, and covenant that you are the owner of all the copyright rights to such User Content and that Hovn may exercise the rights to your User Content granted under these Terms of Service without any liability or obligation for any payment. You further represent and warrant that, in connection with your use of the Hovn Platform and/or transmission of User Content, you shall comply with all laws and regulations applicable to the privacy and security of individually identifiable health information, including but not limited to state laws and regulations and the Health Insurance Portability and Accountability Act ("HIPAA"), the Health Information Technology for Economic and Clinical Health Act ("HITECH"), and/or regulations promulgated thereunder (collectively, "HIPAA Regulations").

You retain all ownership rights in any User Content you post on Hovn. To the extent permitted by applicable law, you also grant to Hovn and our successors and affiliates a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media, or technology, whether now known or hereafter developed, for use in connection with the Hovn Platform and Hovn's (and our successors' and affiliates') business, including, without limitation, for promoting and redistributing part or all of the Hovn Platform (and derivative works thereof) in any media formats and through any media channels. You also hereby grant Hovn a non-exclusive license to access your User Content through the Hovn Platform and to use, reproduce, distribute, display, and perform such User Content to the extent permitted through the normal functionality of the Hovn Platform and subject to the provisions of this Agreement and applicable law. Notwithstanding the foregoing, Hovn will only use or disclose User Content you post to any non-public area of the Hovn Platform to the extent necessary to provide services to you, as further described in our Privacy Policy.

The licenses to User Content granted by you in this Agreement will terminate ten (10) years after you remove or delete your profile from the Hovn Platform, except that you grant Hovn and our successors and affiliates the irrevocable and perpetual license to retain and use, but not publicly display or publicly distribute, server or archival copies of all User Content that you have removed or deleted unless prohibited by applicable law.

You are solely responsible for the contents of the User Content that you provide to Hovn and its transmissions through the Hovn Platform. However, Hovn reserves the right to take any action it deems necessary or appropriate in its sole discretion if it believes you or your User Content may create liability for Hovn, compromise or disrupt the Hovn Platform or impact other users. Hovn reserves the right to disclose User Content and any information related to the provider of such User Content, to third parties in connection with the operation and provision of the Hovn Platform, to enforce the terms of any agreement that we have with you, to comply with legal obligations and requests from governmental authorities, law enforcement agencies, court orders, subpoenas, etc., and to protect the interests of Hovn where necessary.

4. Indemnification

To the maximum extent permitted by applicable law, you agree to defend, indemnify and hold harmless Hovn and its subsidiaries, and their respective directors, officers, board members, employees, agents, successors and assigns, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to all legal fees and expenses) arising from:

  1. Your use of and access to the Hovn Platform, including any User Content or other data or content transmitted or received by you
  2. Your violation of any term of this Agreement and any other agreement that you have with Hovn, including without limitation your breach of any of the representations and warranties herein
  3. Your violation of any third-party rights, including without limitation any right of privacy or intellectual property rights
  4. Your violation of any applicable law, rule or regulation, including, without limitation, your violation of any applicable data protection laws
  5. Any other party's access and use of the Hovn Platform with your account or login information
  6. Your intentional or willful misconduct, negligence, or gross negligence

5. Disclaimers

EXCEPT FOR THE LIMITED WARRANTIES SET FORTH ABOVE, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE HOVN PLATFORM IS PROVIDED "AS IS" AND HOVN DISCLAIMS ALL OTHER WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES, DUTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, RELIABILITY OR AVAILABILITY, ACCURACY OR COMPLETENESS, WORKMANLIKE EFFORT, LACK OF VIRUSES, AND LACK OF NEGLIGENCE. HOVN DOES NOT REPRESENT THAT THE HOVN PLATFORM WILL BE COMPLETELY SECURE OR WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF, OR ACCESS TO, THE HOVN PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE HOVN PLATFORM WILL BE CORRECTED. HOVN MAKES NO WARRANTY THAT (I) THE HOVN PLATFORM WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR (II) THAT YOU WILL OBTAIN ANY SPECIFIC RESULTS OR PERFORMANCE.

The Hovn Platform may include publicly available content and other content provided by third parties, including materials provided by other users, Organizations, and other third parties. Hovn is not responsible, or liable to you or any third party, for the content or accuracy of any such content or results. Hovn does not warrant the accuracy, completeness, or usefulness of information provided by the Hovn Platform. Any reliance you place on such information is strictly at your own risk. Hovn disclaims all liability and responsibility arising from any reliance placed on such results by you, or by anyone who may be informed of such results.

The Hovn may permit access to Third-Party Products. "Third-Party Products" means any products, content, services, information, websites, or other materials that are owned by third parties and are incorporated into or accessible through the Hovn Platform. For purposes of these Terms of Service, such Third-Party Products are subject to their own terms and conditions. If you do not agree to abide by the applicable terms for any such Third-Party Products, then you should not install, access, or use such Third-Party Products.

Some states and jurisdictions do not allow for all the foregoing limitations on implied warranties, so to the extent, if any, some or all of the above limitations may not apply to you.

6. Limitation Of Liability; Release

(A) Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT AS OTHERWISE EXPRESSLY STATED IN THIS AGREEMENT, IN NO EVENT SHALL HOVN, ITS SUBSIDIARIES, AND THEIR RESPECTIVE BOARD MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUCCESSOR AND ASSIGNS (THE "HOVN PARTIES"), BE LIABLE TO YOU, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), FOR BREACH OF STATUTORY DUTY, OR OTHERWISE FOR ANY (I) DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR LOSSES; (II), LOSS OF PROFITS, GOODWILL, USE, USER CONTENT, OR OTHER DATA THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE HOVN PLATFORM. UNDER NO CIRCUMSTANCES WILL HOVN BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE HOVN PLATFORM OR YOUR ACCOUNT OR THE USER CONTENT CONTAINED THEREIN.

(B) Assumption of Risk

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HOVN ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY:

  1. ERRORS, MISTAKES, OR INACCURACIES OF CONTENT
  2. PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE HOVN PLATFORM
  3. UNAUTHORIZED ACCESS TO OR USE OF OUR SYSTEMS OR SERVERS AND/OR ANY USER CONTENT OR PERSONAL INFORMATION STORED THEREIN
  4. INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE HOVN PLATFORM
  5. BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE HOVN PLATFORM BY ANY THIRD PARTY
  6. ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE HOVN PLATFORM
  7. USER CONTENT
  8. THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OR THIRD PARTY

(C) Cap on Liability

IN NO EVENT SHALL HOVN, ITS SUBSIDIARIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, SUCCESSORS AND ASSIGNS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE GREATER OF THE AMOUNT YOU PAID TO HOVN IN THE 3 MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT THAT GAVE RISE TO THE CLAIM OR $100 USD.

(D) Basis of Limitation

THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, BREACH OF STATUTORY DUTY OR ANY OTHER BASIS AND EVEN IF HOVN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

(E) Release

The third parties that you may interact with via the Hovn Platform, such as content providers or Organizations, are solely responsible for their interactions with you and any and all claims, damages, liabilities, and costs ("Claims") suffered by you as a result of your interaction with or access to any third parties content or services. You must resolve all disputes directly with the applicable third party. To the maximum extent permitted by applicable law, you hereby release the Hoven Parties from any and all such Claims. IN CONNECTION WITH THE FOREGOING, IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." You hereby expressly waive and relinquish all rights and benefits under that section and any law of any jurisdiction of similar effect with respect to the release of any unknown or unsuspected claims you may have against the Hovn Parties pertaining to the subject matter of this Section 6.

7. Security

Hovn will implement and maintain appropriate administrative, physical, and electronic measures to secure the Service and protect Confidential Information from unauthorized access, use or disclosure (collectively, the "Security Measures"). However, no Security Measures are completely secure and, therefore, we cannot guarantee that unauthorized third parties will never be able to breach our Security Measures or use your User Content for improper purposes. You acknowledge that you provide your User Content at your own risk.

8. Termination

You may deactivate your account and discontinue your use of the Hovn Platform at any time, and for any reason, by contacting Hovn at support@hovn.app. Notwithstanding any deactivation of your account, Hovn may retain your account information in order to comply with requests regarding certification information and/or to comply with applicable laws and regulations.

We may suspend or terminate your accounts or cease providing you with all or part of the Hovn Platform at any time for any reason, including, but not limited to, if we reasonably believe:

  1. You have violated these Terms of Service
  2. You create risk or possible legal exposure for us
  3. Our provision of the Hovn Platform to you is no longer commercially viable
  4. Any other reason

We will make reasonable efforts to notify you by the email address associated with your account or through the Hovn Platform the next time you attempt to access your account.

Upon any such termination, all the provisions of this Agreement shall continue to survive except for any provisions that grant you access to any of the Hovn Platform. You agree that we will have no liability to you for any termination or suspension of your access to the Hovn Platform.

9. Dispute Resolution

Please read this Arbitration Agreement carefully. It is part of your contract with Hovn and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

(a) Applicability of Arbitration Agreement

All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Agreement, the Hovn Platform, or the use of any product or service provided by Hovn that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. Unless otherwise agreed to, all arbitration proceedings shall be held in English. This Arbitration Agreement applies to you and Hovn, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Agreement.

(b) Notice Requirement and Informal Dispute Resolution

Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute ("Notice") describing the nature and basis of the claim or dispute, and the requested relief. A Notice to Hovn should be sent to legal@hovn.app. We will send Notice to you using the email address that we have for you in our records. After the Notice is received, you and Hovn may attempt to resolve the claim or dispute informally. If you and Hovn do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.

(c) Arbitration Rules

Arbitration shall be initiated through the American Arbitration Association ("AAA"), an established alternative dispute resolution provider ("ADR Provider") that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of the arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with the Agreement. The AAA Consumer Arbitration Rules ("Arbitration Rules") governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held in a location within 100 miles of your residence, unless you reside outside of the United States, and unless the parties agree otherwise. If you reside outside of the U.S., the arbitrator shall give the parties reasonable notice of the date, time and place of any oral hearings. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Each party shall bear its own costs (including attorney's fees) and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the ADR Provider.

(d) Additional Rules for Non-Appearance Based Arbitration

If non-appearance based arbitration is elected, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.

(e) Time Limits

If you or Hovn pursue arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline imposed under the AAA Rules for the pertinent claim. NOTWITHSTANDING THE FOREGOING, ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THE AGREEMENT OR THE HOVN PLATFORM MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

(f) Authority of Arbitrator

If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and Hovn, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law, the AAA Rules, and the Agreement. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Hovn.

(g) Waiver of Jury Trial

THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in a court and are subject to very limited review by a court. In the event any litigation should arise between you and Hovn in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND HOVN WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.

(h) Waiver of Class or Consolidated Actions

ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY USER.

(i) Confidentiality

All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce these Terms of Service, to enforce an arbitration award, or to seek injunctive or equitable relief.

(j) Severability

If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Agreement shall continue in full force and effect.

(k) Right to Waive

Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement.

(l) Survival of Agreement

This Arbitration Agreement will survive the termination of your relationship with Hovn.

(m) Small Claims Court

Notwithstanding the foregoing, either you or Hovn may bring an individual action in small claims court.

(n) Emergency Equitable Relief

Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.

(o) Claims Not Subject to Arbitration

Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party's patent, copyright, trademark or trade secrets shall not be subject to this Arbitration Agreement. For the avoidance of doubt, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction, to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights.

(p) Courts

In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located within the State of Texas, for such purpose.

10. Entire Agreement

This Agreement, together with the other Terms of Service, sets forth the entire agreement and understanding between you and Hovn relating to the subject matter hereof and thereof and cancels and supersedes any prior or contemporaneous discussions, agreements, representations, warranties, and other communications between you and us, written or oral, to the extent they relate in any way to the subject matter hereof and thereof. The section headings in the Terms of Service are included for ease of reference only and have no binding effect.

11. Modifications

No modification or amendment to the Terms of Service will be binding upon Hovn unless in a written instrument signed by a duly authorized representative of Hovn. For the purposes of this subsection, a written instrument will expressly exclude electronic communications, such as email and electronic notices.

12. No Waiver

The failure or delay of either party to exercise or enforce any right or claim does not constitute a waiver of such right or claim and will in no way affect that party's right to later enforce or exercise it, unless such party issues an express written waiver, signed by a duly authorized representative of such party.

13. Assignability

You may not assign the Terms of Service, or any of its rights or obligations hereunder, without Hovn's prior written consent in the form of a written instrument signed by a duly authorized representative of Hovn (and, for the purposes of this subsection, a written instrument will expressly exclude electronic communications such as email and electronic notices). Hovn may freely assign this Agreement or the other Terms of Service without your consent. Any attempted assignment or transfer in violation of this subsection will be null and void. Subject to the foregoing restrictions, the Terms of Service will inure to the benefit of the successors and permitted assigns of the parties.

14. Severability

If and to the extent any provision of this Agreement or the other Terms of Service is held illegal, invalid, or unenforceable in whole or in part under applicable law, such provision or such portion thereof will be ineffective as to the jurisdiction in which it is illegal, invalid, or unenforceable to the extent of its illegality, invalidity, or unenforceability and will be deemed modified to the extent necessary to conform to applicable law so as to give the maximum effect to the intent of the parties. The illegality, invalidity, or unenforceability of such provision in that jurisdiction will not in any way affect the legality, validity, or enforceability of such provision in any other jurisdiction or of any other provision in any jurisdiction.

15. Contact Us

If you have any questions about these Terms of Service, please contact us at support@hovn.app.