Terms of Service
Contents
1. Introduction
These Terms of Service ("Terms") constitute a legally binding agreement between you, the subscribing business entity ("User," "You," or "Client"), and HoopoTrack, a platform operated under the laws of the Kingdom of Morocco ("HoopoTrack," "We," "Us," or "the Platform"). By accessing, registering for, or using the HoopoTrack platform in any capacity, You acknowledge that You have read, understood, and agree to be bound by these Terms in their entirety. If You do not agree to these Terms, You must immediately cease all use of the Platform.
2. Definitions & Data Roles
For the purposes of these Terms, the following definitions shall apply:
-
"Data Controller" refers to the User (the repair shop or business entity) who determines the purposes and means of processing personal data of their end-customers through the Platform.
-
"Data Processor" refers to HoopoTrack, which processes end-customer personal data solely on behalf of and under the instructions of the Data Controller.
-
"End-Customer" refers to the individuals whose personal data, including but not limited to phone numbers, is entered into the Platform by the User.
-
"Personally Identifiable Information (PII)" refers to any data that can be used to identify an individual, including phone numbers, names, and device information.
The User hereby represents, warrants, and guarantees that they have obtained all necessary legal consent from their end-customers prior to entering any personal data, including but not limited to phone numbers, into the HoopoTrack platform. The User shall bear sole responsibility for ensuring compliance with all applicable data protection laws with respect to the collection and submission of end-customer data.
3. Accounts
Upon registration, the User shall provide accurate, complete, and current information. The User is obligated to maintain and promptly update account information to ensure its continued accuracy. Provision of false or misleading information constitutes a material breach of these Terms.
The User is solely responsible for maintaining the confidentiality and security of their account credentials, including passwords and API keys. Any activity occurring under the User's account shall be deemed authorized by the User. The User must notify HoopoTrack immediately upon becoming aware of any unauthorized access or security breach.
HoopoTrack provides PIN protection functionality for tracking pages. The User is solely responsible for the configuration and management of access controls and for determining the appropriate level of access granted to their end-customers.
4. Acceptable Use & Meta Compliance
The User agrees to use the HoopoTrack platform strictly for its intended purpose: managing repair service tickets and sending transactional notifications to end-customers. The following activities are strictly prohibited:
-
Sending unsolicited marketing messages, promotional material, or bulk advertising through the Platform's messaging channels (WhatsApp, SMS, or Email)
-
Using the Platform for mass marketing blasts, cold outreach, or any form of spam communication
-
Sending misleading, fraudulent, or deceptive content through any messaging feature
-
Abusing API rate limits, overloading system resources, or engaging in any activity that degrades Platform performance
-
Using the Platform for any purpose that violates applicable laws, regulations, or third-party rights
The User must comply at all times with Meta's WhatsApp Business Messaging Policy and all applicable WhatsApp Business Terms of Service. Any violation of Meta's policies attributable to the User's conduct shall constitute a material breach of these Terms. HoopoTrack shall bear no liability for consequences arising from the User's non-compliance with Meta's policies.
5. Intellectual Property
The HoopoTrack platform, including all software, source code, design elements, trademarks, logos, documentation, and original content, is the exclusive property of HoopoTrack and is protected under copyright, trademark, and other intellectual property laws of the Kingdom of Morocco and international treaties. No right, title, or interest in any intellectual property is transferred to the User. Unauthorized reproduction, distribution, modification, or use of any HoopoTrack intellectual property is strictly prohibited and may result in legal action.
6. User Content
The User retains ownership of all data, content, and materials uploaded to or created within the HoopoTrack platform ("User Content"), including service ticket information, templates, and customer communications.
By submitting User Content to the Platform, the User represents and warrants that:
- i The User owns or has obtained all necessary rights, licenses, and consents to use and submit such content
- ii The submission and processing of such content does not infringe upon or violate the intellectual property rights, privacy rights, or any other rights of any third party
The User grants HoopoTrack a limited, non-exclusive license to process, store, and transmit User Content solely for the purpose of providing the services described herein. This license terminates upon the deletion of the User's account or the applicable data retention period, whichever occurs later.
7. Service Usage
Access to HoopoTrack features and services is governed by the User's selected subscription plan. The Platform provides the following core services:
Usage of Platform services must remain within the limits prescribed by the User's active subscription plan. Exceeding plan limits may result in service restrictions, mandatory plan upgrades, or the application of overage charges, at HoopoTrack's sole discretion.
8. Third-Party Services
The Platform integrates with the following third-party services to deliver its functionality. The User acknowledges and agrees to the respective terms of these providers:
Google Analytics
HoopoTrack utilizes Google Analytics for the purpose of aggregated usage analytics and platform performance monitoring. Data collected is processed in accordance with Google's Privacy Policy.
Google reCAPTCHA
HoopoTrack employs Google reCAPTCHA to prevent automated abuse and ensure platform security. Use of the Platform constitutes acceptance of Google's applicable terms:
9. Payments & Refunds
Access to HoopoTrack's services requires an active paid subscription unless otherwise specified under a free-tier plan.
All subscription payments are final and non-refundable. No refunds, credits, or prorated amounts shall be issued for partial billing periods, unused features, early cancellation, or account termination, except where mandatory under applicable Moroccan law.
Subscription fees are billed in advance on a recurring basis according to the selected billing cycle (monthly or annual). The User authorizes HoopoTrack to charge the designated payment method for all applicable fees. Failure to maintain a valid payment method may result in immediate suspension of services.
HoopoTrack reserves the right to modify subscription pricing with thirty (30) days' prior written notice. Continued use of the Platform following a price change constitutes acceptance of the revised pricing.
10. Right to Terminate
HoopoTrack reserves the right, at its sole discretion, to immediately suspend or permanently terminate any User account, without prior notice, liability, or refund, under the following circumstances:
-
Violation of the Acceptable Use policy set forth in Section 4 of these Terms
-
Sending spam, unsolicited marketing communications, or promotional material through the Platform
-
Systematic abuse of API rate limits or deliberate overloading of Platform infrastructure
-
Violation of Meta's WhatsApp Business Messaging Policy or any related third-party terms
-
Engagement in any activity that is illegal, fraudulent, or harmful to HoopoTrack, its users, or third parties
-
Any material breach of these Terms of Service
Upon termination, the User's right to access and use the Platform shall cease immediately. HoopoTrack shall have no obligation to retain, forward, or provide access to any data associated with a terminated account, subject to applicable data retention requirements under Moroccan law.
11. Limitation of Liability
To the maximum extent permitted by the laws of the Kingdom of Morocco, HoopoTrack's total aggregate liability arising out of or in connection with these Terms, the Platform, or the services provided hereunder shall not exceed the greater of: (a) the total amount paid by the User to HoopoTrack during the twelve (12) months immediately preceding the event giving rise to the claim; or (b) one thousand Moroccan Dirhams (1,000 MAD).
In no event shall HoopoTrack, its directors, employees, affiliates, or agents be liable for any:
-
Indirect, incidental, special, consequential, or punitive damages
-
Loss of profits, revenue, business opportunities, data, or goodwill
-
Service interruptions, downtime, or technical failures
-
Actions, omissions, or content of third parties, including Meta (WhatsApp)
-
Unauthorized access to or alteration of the User's data or transmissions
-
Events beyond HoopoTrack's reasonable control, including force majeure events
12. Disclaimer of Warranties
The HoopoTrack platform and all associated services are provided on an "AS IS" and "AS AVAILABLE" basis, without warranties of any kind, whether express, implied, or statutory.
HoopoTrack expressly disclaims all warranties, including but not limited to:
- Implied warranties of merchantability and fitness for a particular purpose
- Uninterrupted, timely, secure, or error-free operation of the Platform
- Accuracy, reliability, or completeness of any content, data, or results
- Freedom from viruses, malware, or other harmful components
13. Governing Law & Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the Kingdom of Morocco, without regard to its conflict of laws provisions. Any dispute arising out of or relating to these Terms shall be submitted to the exclusive jurisdiction of the competent courts of the Kingdom of Morocco.
The failure of HoopoTrack to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
14. Changes to Terms
HoopoTrack reserves the right to modify these Terms at any time. Material changes shall be communicated to Users with at least thirty (30) days' advance notice via email or prominent notice on the Platform. The determination of what constitutes a "material change" shall be at HoopoTrack's sole discretion.
Continued use of the Platform following the effective date of any modification constitutes the User's binding acceptance of the revised Terms. Users who do not agree to the modified Terms must discontinue use of the Platform prior to the effective date of the changes.
15. Contact Us
For any inquiries, notices, or communications regarding these Terms of Service, please contact us at: