February 2025

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Introduction

Welcome to Hoox! Hoox is a platform that allows you to manage and redeem rewards you earn from merchants whose products you purchase online or through payment stations in stores, or from the issuer of your payment card you use to make a purchase. Each of these businesses that give you rewards will be referred to here as a "Rewarder", and the platform that lets you manage your rewards will be referred to as the "Platform". The Platform is available at rewards.hooxpay.com. 

The Platform is owned and operated by HooxPay Inc. (the "Company", or "we", "us", "our").

These Terms of Use (the “Terms”) form a binding agreement between you and Hoox, and they govern your use of the Platform. 

Please read these Terms carefully before using our Platform. By using our Platform, you indicate that you accept and agree to these Terms and to the Privacy Policy, which is an integral part of them. If you do not agree to these Terms in their entirety, you must not use the Platform.

By using the Platform and agreeing to these Terms, you also agree to the use of email or SMS (“Electronic Record”) to send you required notices, including one-time passcode for logging into the Platform and communications regarding your Rewards – all, on a one-time, non-continuous basis, by us or by our service providers who assist us in the operation of the Platform. You may withdraw your consent to use an Electronic Record in the manner stipulated in the Electronic Record, or by notifying us at privacy@hooxpay.com  and indicating your withdrawal of consent, your full name and postal address. 

To access and retain a copy of this disclosure or the Electronic Record in which we send you any required notices, you will need (i) a computer with a web browser and Internet access and (ii) either a printer or storage space on such device. To request a paper copy of this disclosure or the Electronic Record in which we send you any required notices, contact us at privacy@hooxpay.com and indicate your request, your full name and postal address. We will charge you the cost of first-class mail-international, for each paper copy you request. To update the contact details we use to contact you electronically, contact us at privacy@hooxpay.com and indicate your full name, your old email address or phone number and new email address or phone number.

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Contact us

If you have any questions, comments or concerns regarding the Platform, these Terms or our Privacy Policy, please contact us at privacy@hooxpay.com.

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About the Platform

The platform allows you to manage and redeem rewards given to you by your Rewarder. 

The Platform displays a list of your Rewards and their status, and provides a link to redeem them where relevant (e.g., gift cards). In addition, it allows you to search for missing Rewards that do not appear on the list.

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Use of the Platform

Subject to these Terms, you may use the Platform for personal purposes, free of charge. 

To use the Platform, you must log in using your email address or phone number (at your choice) and the one-time passcode we provide you through your chosen means of communication. 

You are solely responsible and liable for all activities performed with or through your user account. Unless otherwise permitted by us, you are prohibited from selling or transferring your user account in any way, to another user, entity or any third party.

When using our Platform, you must comply with these Terms and adhere to any applicable law. You may not – 

• Attempt to circumvent, bypass or deactivate security or protection measures of the Platform;

• Use our Platform in order to develop or create an application, website or any other product similar to, or competing with, the Platform;

• Attempt to compromise information security on our Platform or in any network or server used by us, attempt to uncover information security vulnerabilities, or attempt to engage in any form of probing, scanning, crawling, robotic navigating or hacking of the Platform;

• Attempt to access the Platform, download any information or use any information in our Platform, in an automated or mechanized process;

• Attempt to activate or access features or capabilities that are undocumented, not ordinarily accessible or deactivated in the Platform;

• Attempt to engage in reverse-engineering, disassembling or decompiling of the Platform;

• Use the Platform in any manner that may give rise to a criminal offense, civil tort, infringement or violation of the rights of any third party;

• Attempt to burden or interfere with the operation of the systems related to the operation of our Platform;

• Attempt to integrate the Platform or any part thereof in any application, webpage, or any other way;

• Use the Platform for or in connection with any action that may encourage or constitute threat, harassment or fraud.

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Intellectual property 

All rights, title and interest in and to the Platform, including all content therein, and all patents, copyrights, trademarks, trade secrets and other intellectual property rights and any goodwill associated therewith, embodied therein or utilized by us in the operation of the Platform, are the exclusive property of Hoox or our licensors. This includes our databases and the Platform’s design, graphics, computer code, algorithms and “look and feel” (all together: “Proprietary Content”).

Other than as expressly permitted in these Terms, you may not, either by yourself or by a third party on your behalf, copy, distribute, display or perform publicly, sublicense, decompile, disassemble, reduce to human readable form, execute publicly, make available to the public, adapt, make commercial use of, process, compile, translate, sell, lend, rent, reverse engineer, combine with other software, modify or create derivative works of, the Proprietary Content or any part thereof, in any way or by any means.

You may not use any name, mark or logo that is similar to our marks and logos. You must refrain from any action or omission that may dilute or damage our goodwill.

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Privacy

We respect your privacy. Our Privacy Policy explains how we use your personal data. We encourage you to read it carefully.

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Disclaimer of warranty

THE PLATFORM IS PROVIDED FOR USE “AS IS” AND “WITH ALL FAULTS”. WE AND OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, ADVISORS, CONSULTANTS, SUBCONTRACTORS AND ASSIGNEES (COLLECTIVELY, OUR “STAFF”) DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE PLATFORM, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, CORRECTNESS, LEGAL COMPLIANCE, NON-INFRINGEMENT, TITLE, COMPATIBILITY, PERFORMANCE, AVAILABILITY, SAFETY, SECURITY OR ACCURACY. YOU ACKNOWLEDGE AND AGREE THAT THE USE OF THE PLATFORM IS ENTIRELY, OR TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AT YOUR OWN RISK. 

WE DO NOT WARRANT THAT THE PLATFORM WILL OPERATE WITHOUT DISRUPTION, ERRORS OR INTERRUPTIONS, OR THAT IT WILL BE, AT ALL TIMES, ACCESSIBLE, AVAILABLE OR IMMUNE TO ERRORS, GLITCHES OR UNAUTHORIZED ACCESS. 

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Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR STAFF SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, STATUTORY, INCIDENTAL OR CONSEQUENTIAL DAMAGE, OR ANY SIMILAR DAMAGE OR LOSS (INCLUDING LOSS OF PROFIT AND LOSS OF DATA), COSTS, EXPENSES AND PAYMENTS, EITHER IN TORT (INCLUDING NEGLIGENCE), CONTRACT, OR IN ANY OTHER FORM OR THEORY OF LIABILITY, ARISING FROM, OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE THE PLATFORM, OR FROM ANY FAILURE, ERROR, OR BREAKDOWN IN THE FUNCTION OF THE PLATFORM. 

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Availability, changes to the Platform and discontinuation

Availability. We will make efforts to have the Platform available and operate without errors, on a 24/7 basis. However, the availability, quality and functionality of the Platform depends on various factors, including software, hardware, and communication networks, which are provided by third parties, at their responsibility. These factors are not fault-free, and we do not warrant that the Platform will operate without disruption, errors or interruptions, or that it will be accessible or available at all times, or immune from errors, glitches or unauthorized access.

Changes to the Platform. We may, at any time and without prior notice, change the layout, design, scope, features or availability of our Platform. Such changes, by their nature, may cause inconvenience or even malfunctions. WE DO NOT ASSUME ANY RESPONSIBILITY WITH RESPECT TO, OR IN CONNECTION WITH THE INTRODUCTION OF SUCH CHANGES OR ANY MALFUNCTIONS OR FAILURES THAT MAY RESULT THEREFROM. 

Discontinuation. We may, in our own discretion, permanently or temporarily discontinue the Platform for any reason and at any time. If we decide to do so, we will make endeavors to inform you of such discontinuation. 

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Termination of these Terms

You may terminate these Terms at any time by notifying us (email is sufficient) and permanently ceasing use of the Platform. 

We may block your access to, and terminate these Terms and your use of, the Platform, effective immediately, upon sending a notice, if:

• You materially or repeatedly breach these Terms;

• We reasonably believe that your use of the Platform causes substantial harm or liability to us or to third parties, e.g. by hacking, spamming, misleading, fishing, and harassing other users; 

• We’re required to do so under the applicable law or a court order.

In other cases, we can terminate these Terms only upon reasonable prior notice to you.

Provisions in these Terms that by their nature should survive termination or expiration of these Terms, will so survive and remain in full force and effect following such termination or expiration.

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General 

Governing law and dispute resolution. 

Unless otherwise mandated by non-waivable consumer protection law, these Terms shall be governed solely by the laws of the State of Delaware, without regard to its conflict of law provisions. However, if your national laws in your place of residence provide you with more advantageous rules, such rules shall always prevail, and you can rely on them.

Unless otherwise mandated by non-waivable consumer protection law, the Courts of Dover, Delaware, shall have the sole and exclusive jurisdiction over any claim in connection with the Platform or in respect of any matter relating to these Terms. However, if your national law provides that you may always choose to initiate legal proceedings in your country of residence, then that rule prevails.

Notwithstanding the forgoing, if you reside in the United States, claims or controversies between you and Hoox regarding these terms, which are not amicably resolved, shall be settled through binding arbitration (rather than in Court) by telephone, online or based solely upon written submissions without in-person appearance, administered by the American Arbitration Association (AAA), under its consumer arbitration rules (which are available at www.adr.org). The substantive laws of arbitration shall be the laws of the state of Delaware. 

Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. 

However, you may lodge claims in small claims Court if your claim qualifies.

The Federal Arbitration Act and Federal Arbitration Law apply to these terms.

There is no judge or jury in arbitration, and Court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a Court (including injunctive and declaratory relief or statutory damages), and must follow these terms as a Court would.

Payment of filing, administration and arbitrator fees will be governed by the AAA's consumer arbitration rules. These fees will be shared as follows: one third by you and two thirds by us, unless the arbitrator: (i) determines that the claims are frivolous, in which case the claimant shall bear all such fees arising from the frivolous claim; or (ii) determines that the fees should be allocated differently.

You and Hoox hereby acknowledge, agree and covenant that any disputes shall only be adjudicated in arbitration on an individual basis, and not in class, collective, consolidated or representative proceedings.

You may opt-out of the above arbitration clause by emailing us to privacy@hooxpay.com within seven (7) days of entering into these Terms for the first time, an opt-out notice that identifies yourself and clearly sets out your choice to opt out of dispute resolution by arbitration. In case of such opt-out, any and all disputes, claims or controversies between you and us regarding these terms, which are not amicably resolved, shall be subject to the exclusive jurisdiction and venue of the state Courts located in Dover, Delaware, and United States federal District Courts.

Notwithstanding anything to the contrary in this section, a party may assert an impleader claim against the other party in any court of competent jurisdiction adjudicating a third-party claim that is subject to indemnity.

Relationship. These Terms do not create any agency, partnership, employment, trustee, or other type of legal relationship between you and Hoox, other than that of two independent contractual parties.

Completeness. These Terms constitute the entire agreement between you and us concerning the subject matter herein and supersede all prior and contemporaneous negotiations and oral representations, agreements and statements regarding the Platform.

Assignment. You may not assign or delegate these Terms or any of your rights, performances, duties or obligations hereunder. Any purported assignment or delegation, in contravention of the above, will be null and void. In the event of a merger, acquisition, change of control or the sale of all or substantially all of our equity or assets of Hoox, we may, upon notice to you and without obtaining your consent, assign and delegate these Terms, in their entirety, including all of our rights, performances, duties, liabilities and obligations contained herein, to a third party. With such assignment, transfer and delegation, we are irrevocably and fully released from all rights, performance, duties, liabilities and obligations under these Terms.